Kirkland Alert Kirkland & Ellis LLP

Environmental Appeals Board Remands Air Permit, Suggesting Nationwide Action, But Leaving CO2 Requirements Unresolved

On November 13, 2008, in In re Deseret Power Electric Cooperative, the Environmental Protection Agency’s Environmental Appeals Board remanded a decision by EPA Region 8 issuing an air permit for a proposed waste-coal-fired electric generating unit for reconsideration of the Region’s determination that it was not authorized to impose “best available control technology” emissions limits for carbon dioxide.