The EPA proposal to impose a de facto ban on new coal-fired power plants received more than two million comments from the public – but it looks like it was just one five-page comment from the Energy and Environment Legal Institute (E&E Legal) that sent EPA scrambling back to the drawing board. The draft rule mandated the use of so-called carbon capture and storage, a technology that would inject carbon dioxide underground but which has so far proved to be little more than a white elephant experiment.
To mandate this technology, the law required the EPA to prove it was “adequately demonstrated” and “commercially available.” Thanks to E&E Legal, they failed.
Dawn Reeves at Inside EPA broke the story that carbon capture and storage has apparently been dropped from the agency’s final rule regulating greenhouse gas emissions. She also, curiously, reports that the White House may not allow the EPA to back down, instead forcing the agency to defend the legally indefensible in court. But whether they win now or not until the issue is litigated, E&E Legal has scored a huge victory for the rule of law and economic common sense.