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10/07/2013

U.S. Supreme Court won't hear Luminant appeal on emissions

The U.S. Environmental Protection Agency's rules governing certain emissions at Texas coal-fired power plants will remain in place after the U.S. Supreme Court declined to hear an appeal by Luminant Generation, the state's largest electricity producer. Luminant had argued that EPA acted wrongfully when it rejected Texas regulators' treatment of emissions during events like startups and shutdowns . In March the U.S. Fifth Circuit Court of Appeals upheld the EPA's rules, which implement the Clean Air Act. The case names Luminant's Big Brown, Oak Grove and Sandow coal-fired plants. In a prepared statement, Luminant said it was disappointed with the decision.

According to Luminant's appeal to the Supreme Court's to review the lower court decision, Texas in 2005 adopted a rule that allowed generators to escape penalties for exceeding emission limits during "startup, shutdown and maintenance" (SSM) procedures. The EPA in 2010 disapproved the Texas rule in the case of planned SSM events, while letting it stand for unplanned SSM events.

-- Jim Fuquay

 

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