On November 13, 2008, the Environmental Appeals Board (EAB) remanded a prevention of significant deterioration (PSD) permit issued by the U.S. Environmental Protection Agency, Region 8 for a proposed coal-fired power plant in Utah. The Sierra Club challenged the permit, claiming that the Clean Air Act required EPA to set emissions limits for carbon dioxide. The EAB evaluated several arguments about the Clean Air Act and its potential to regulate carbon dioxide, such as the effect of the U.S. Supreme Court’s Massachusetts v. EPA decision, the meaning of the term “regulation” and whether a legal obligation to monitor carbon dioxide emissions makes them “subject to regulation” under the Clean Air Act. Sidley Austin LLP will host a teleconference on this decision to address such questions as:
- What were the arguments and how did the EAB rule?
- How will the EAB’s decision impact PSD permitting around the country?
- What does the decision mean for both the EPA’s Advanced Notice of Proposed Rulemaking to regulate carbon dioxide and future legislation?
Byron Taylor, partner, Sidley Austin LLP
The teleconference will last approximately 60 minutes, and speakers will welcome questions. You will receive a dial-in number upon registering.