Georgia has become the latest state to sue to try to block the U.S. Environmental Protection Agency's efforts for cleaner air, saying a new power-plant emission rule would have severe economic impact on consumers and businesses.
Attorney General Sam Olens said the rule would cause major changes to the way electricity would be produced in the state.
"The EPA has overstepped their authority with a heavy-handed federal takeover of the enforcement of environmental regulations," Olens said in a statement Thursday. "More significantly, implementation of this rule will be extremely damaging to our already struggling economy."
The rule requires Georgia and 26 other states to cap and regulate two major pollutants that come from coal-fired power plants: sulfur dioxides and nitrogen oxides. The first deadline is Jan. 1. Georgia Power got 67 percent of its electricity from coal in 2010.
To comply, the utility would have to install pricey pollution-control technology on its coal plants or buy emission allowances from other states. Consumers would end up paying as part of their monthly bill, but first Georgia Power must seek state regulators' approval.
"We will face additional costs if we are forced to purchase allowances," said Mark Williams, a Georgia Power spokesman.
He also noted: "As a result of this compressed timeline, we could not install new emission controls, build new generation, upgrade transmission lines, or switch fuels before the 2012 or 2014 compliance dates, even if we intended to."
The EPA said Thursday it was easing the Cross State Air Pollution Rule, released in July, for 10 states, but Georgia is not one of them. Sulfur dioxides and nitrogen oxides contribute to health problems such as asthma, bronchitis and other respiratory diseases.
"There is no indication that Georgia's electricity producers would not be able to comply with the new protections, so by filing suit, our attorney general is choosing polluters over people," said Jenna Garland, a spokeswoman for the Sierra Club.
Among the other states suing are Alabama, Florida and South Carolina. The case is before the U.S. Court of Appeals for the District of Columbia Circuit, and the court will receive petitions until the close of business Friday.
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