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ARTICLE · 19 NOVEMBER 2008

Weekly Climate Change Policy Update - November 17, 2008

Van Ness Feldman LLP
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EPAs Environmental Appeals Board decided this week that EPA could not issue a permit to a coal-fired power plant without considering whether to impose a Best Available Control Technology CO2 limit.

United StatesEnergy and Natural Resources

Article by Kyle W. Danish, Shelley N. Fidler, Andrea Hudson Campbell and Kevin M. Gallagher

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Commentary

EPA's Environmental Appeals Board decided this week that EPA could not issue a permit to a coal-fired power plant without considering whether to impose a "Best Available Control Technology" CO2 limit. The decision could bring permitting of new fossil-fired power plants to a halt until the agency or the Congress establishes new GHG policies . . . Senator Jeff Bingaman (D-NM), Chairman of the Senate Energy and Natural Resources Committee, chose the forum of an emissions trading conference to express skepticism about the use of offsets in cap-and-trade legislation. He said he has concerns about proposals that would establish an aggressive emissions cap and rely substantially on reductions from uncapped sources to achieve compliance. Senator Bingaman's own

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