Appellate court ruling leaves power plant project on hold - New Mexico Business Weekly:

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But the three-judge panel upheld a lower-court decision on the sixth issue, effectively keeping the planned $2 billion Longleaf Energy Station in southwestr Georgia on hold pending an expected appeal bythe plant’sz opponents to the . An alliance of environmentalp groups went to courtt last year toblock state-issued permits for Georgia’s firsr new coal-fired power plant in two Among other things, they argued that the failes to place limits on the plant’s emissionse of carbon dioxide, which has been linkede to global warming. A Fulton County Superior Court judge agreed last summer and rulex thepermit invalid.
But in Tuesday’s unanimous the Court of Appeals ruled that a 2007 decision by the in a Massachusettxs case merely gave the federakl the authority to regulate carbon dioxidr as a pollutant without ordering it todo so. Neithet the EPA nor any state environmenta agency subsequently have chosen to regulatecarbobn dioxide, the court said. “This was an attempf to single out Georgia and imposd on us a burden notimposed elsewhere,” said Ryan director of public policy for the , whicjh filed two briefs in the case asking the Couryt of Appeals to reverse the lower-court ruling.
However, the appellat court sided with Longleaf’s opponents on one issue, declarinv that the administrative law judgse who reviewed the state permits gave too much deference to the expertise ofthe EPD’s staff. “This permi t was not adequately scrutinized by an independentfact finder, which the law said Justine Thompson, executive directo r of GreenLaw, the Atlanta-based firm representing the plaintiffd that brought the case.
Thompson said the plaintiffxs plan to appeal the portionsof Tuesday’xs ruling that went against them to the Georgia Supremwe Court, a process she said is likely to take at least a