(and that Andracsek said is prudent) is the requirement to “keep track of what’s going on to cover yourself.”

“The goal of some environmental groups seems to be to shut down all coal plants rather than get them to operate more efficiently, meaning more power for the same or fewer emissions,” she said. “You can’t just say ‘I want CO₂ regulation.’ You have to fix the flaws in the regulatory system to encourage efficiency. The environmental groups are not working with the power producers. They want these plants to shut down. But they don’t go to the next step and ask what happens if they do shut down.”

She cited the recent U.S. Circuit Court of Appeals ruling on the Clean Air Mercury Rule (CAMR) as another example (see Clearing the Air, page 6). Until that ruling, many projects were already implementing plans to reduce mercury from coal plant emissions by two-third or more. Some of

those plans now could be stalled as a result of the ruling. The three-judge panel ruled the EPA’s 2005 mercury rule violated the Clean Air Act by exempting coal-burning power plants from the Act’s strictest requirements for mercury emissions. The judges also struck down the EPA’s cap and trade program for reducing mercury emissions.

Environmentalists argued that CAMR

wasn’t strict enough. But companies had already begun complying with CAMR by installing controls and monitors. At least under CAMR they knew what the rules were, Andracsek said. “Now there’s no guidance. There are energy producers saying the state doesn’t want to issue a permit now because they don’t know what to do. Once again, it’s the uncertainty,” she said.

Several project developers have also said they might not go forward because of the potential requirement of maximum achievable control technology (MACT) for mercury.

What’s their goal?, Andracsek asked. Is it to have a stable power supply while minimizing emissions? Or is it to have no emissions?

“It’s one thing to give someone a bunch of hoops and tell them to jump through them,” she said. “It’s another thing to not tell them what the hoops are and still tell them to jump through them.”