Lawsuits Pour in Before Deadline to Challenge EPA's Cross-State Air Pollution Rule - NYTimes.comSubscribe: Digital / Home Delivery Log InRegister NowHelpHome PageToday's PaperVideoMost PopularTimes Topics Search All NYTimes.com Business Day Energy & Environment World U.S. N.Y. / Region Business Technology Science Health Sports Opinion Arts Style Travel Jobs Real Estate Autos GlobalDealBookMarketsEconomyEnergyMediaPersonal TechSmall BusinessYour Money Lawsuits Pour in Before Deadline to Challenge EPA's Cross-State Air Pollution RuleBy GABRIEL NELSON of Greenwire Published: October 10, 2011 Sign In to E-Mail Print The legal wrangling over new U.S. EPA rules meant to curb interstate air pollution from power plants turned into a full-blown melee late last week, with at least two dozen power companies, cities, states and industry groups joining the fray before Friday's deadline for court challenges. More News From Greenwire Icelandic Duo Hopscotches Globe to Rear Prized Bluefin Will Solyndra Scandal Spill Over to Scald Nuclear Loan Guarantees? Yellowstone Bear Euthanized After DNA Evidence Links Two Fatal Attacks Oil and Gas Industry Tries to Show Soft Side in Face of Enviro Worries, Regulatory Heat Capitol's Rubbish Is Headed for Trash-Burning Power Plants A blog about energy and the environment. Go to Blog » There are now more than 30 lawsuits asking the U.S. Court of Appeals for the District of Columbia Circuit to block the Cross-State Air Pollution Rule, which sets strict new limits on the nitrogen oxides (NOx) and sulfur dioxide (SO2) that cause soot and smog. EPA started crafting the program after the court found flaws with the George W. Bush-era Clean Air Interstate Rule, which was also meant to ensure that one state's pollution does not make it harder for another state to meet federal air quality standards. But some government officials and companies, worried that tougher air quality standards could force electricity prices higher, say EPA's rewrite is off course. Among them is Louisiana Gov. Bobby Jindal (R), who fretted that the final rule only gave utilities seven months to get ready for the transition. The new pollution caps will force Louisiana's power plants to spend millions of dollars on pollution controls, buy extra allowances or shut down, he argued last week as the state's environmental agency went to court on his behalf. "This is another example of the EPA circulating rules that unduly burden our citizens and create uncertainty for our businesses," Jindal said. All of the challenges are being lumped into a single court proceeding, where power companies that feel shafted by the rules are asking judges to put them on hold. Also among those filing lawsuits last week were Florida Electric Power Coordinating Group Inc.; the Kansas City Board of Public Utilities; Southwestern Public Service Co.; Northern States Power Co.; Wisconsin Paper Council Inc.; the city of Ames, Iowa; the Municipal Electric Authority of Georgia; the South Mississippi Electric Power Association; the National Rural Electric Cooperative Association; Consolidated Edison Co. of New York; Wisconsin Electric Power Co.; the Louisiana Chemical Association; Peabody Energy Corp.; the state of Georgia; the city of Springfield, Ill.; AEP Texas North Co.; the United Mine Workers of America; Entergy Corp.; the Lafayette Utilities System; the Midwest Ozone Group; Murray Energy Corp.; and the Utility Air Regulatory Group. EPA, which predicts huge public health gains from cleaning up soot and smog, says that officials have been attuned to the needs of power companies while writing the rules. In a 97-page court filing Thursday, the agency pointed to a proposed revision -- unveiled the day before -- that would give extra allowances to many of the states that claim to have been shortchanged on credits in the trading program (Greenwire, Oct. 5). That argument is backed by public health and environmental groups, as well as some companies with lower-emitting fleets of power plants. New Jersey-based PSEG, natural gas-driven Calpine Corp. and Exelon Corp., the operator of the nation's largest fleet of nuclear plants, have all submitted filings urging the court to let the rules proceed. They say the program would help factor the health costs of air pollution into the price of electricity. If the rule is blocked, Calpine said in a Friday filing, "poorly controlled coal-fired plants would be more economic and likely would be dispatched more frequently than lower-emitting plants, perpetuating an unfair cost advantage." Copyright 2011 E&E Publishing. All Rights Reserved. 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