Superior Court Judge overturns a lower court ruling and halts the issue of the environmental permit for the Longleaf Power Plant.  The Georgia Environmental Protection Division (EPD) reviewed the environmental permit application submitted for the coal fired power plant that would be constructed in Early County, Georgia near the Chattahoochie River and decided that the application met Federal and State environmental requirements.

This facility and the air permit was based on the old and existing pulverized coal technology. This should not be confused with the new, cleaner and more efficient coal gasification technology. Building new pulverized coal plants would be an enormous environmental and economical mistake and IGCC (coal gasification) would be a wiser choice if new plants are needed.

However, environmental groups filed suit to stop the EPD from issuing a permit that would have cleared the way for construction start. The lawsuit stated that Dynegy failed to meet the requirements emissions of CO2 and this position was based on a 2007 Supreme Court ruling that the EPC must regulate emissions of CO2.

Judge Stephanie Howell ruled in favor of Dynegy. The enviromental groups filed an appeal. The appeals judge, Judge Thelma Cummings, ruled against Dynegy during the appeal hearing. Judge Cummings based her decion on the 2007 Supreme Court ruling that required the EPA to develop regulations for CO2 emissions. While the EPA has yet to formulate regulations for CO2, Judge Cummings wrote that the issue of CO2 could not be set aside just because the EPA had not yet written regulations.

This is a landmark ruling since it is the first ruling that is based upon the Supreme Court 2007 ruling.