Republican-led states and business groups argued in federal court Friday that the Environmental Protection Agency [EPA] Rules requiring power plants to reduce emissions through the use of carbon capture technology are unlikely to be implemented. [emphasis, links added]
An appellate panel of the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in the case State of West Virginia v. Environmental Protection Agency.
The lawsuit over Biden's EPA power plant rules was finalized in April and was filed by a group of Republican states led by West Virginia and multiple industry groups.
The rule requires new and existing power plants planned to operate after 2039 to reduce carbon pollution by 90% by 2032.
To meet EPA standards, power plants must install carbon capture and sequestration/storage technology.
But the petitioners argued to the court that no power plant anywhere has successfully employed carbon capture technology to capture 90% of a facility’s annual carbon dioxide emissions.
“EPA is unable to name a single facility that has ever completed the facility-wide annual 90% carbon capture system required by the rule,” said Scott Keller, attorney for the petitioners.
He believes EPA must be able to demonstrate that 90 percent of its system-wide annual CCS systems have been verified somewhere.
“We're working hard to increase our carbon capture capabilities. We're working hard to solve this problem, but we're also working hard to provide reliable power to the country,” Keller concluded.
EPA lawyer Chloe Coleman said the agency acted reasonably because it relied on “extensive, direct and corroborating evidence.” This reduction in emissions has already been proven.
Kolman pointed to the Petra Nova project in Texas, which uses CCS to reduce carbon emissions from coal-fired power plants.
But Justice Naomi Rao put forward the petitioner’s argument: Petra Nova uses “slipstream carbon capture,” meaning it captures only a small portion of the gases emitted by coal-fired power plants and has not yet built a complete exhaust system.
Coleman said the industry has With no regulation or financial incentives, a complete exhaust system has not yet been established.
“The Petranova slipstream has [a] Full exhaust flow,” she said.
Coleman concluded that the EPA's decision By 2032, 90% of CCS technology will be complete and installed falls within the scope of the Clean Air Act.
Top photo of Petro Nova under construction.
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