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DE Nature Society to the Rescue

by Christine Whitehead, Esq.; Christine2w@aol.com

The Environmental Protections Agency, contrary to its mission under the authority of the Clean Air Act changed its regulations to lessen “new source emission” standards for power plants. Under the new standard a plant could add or replace 20% of its plant each year without having to install equipment to provide cleaner emissions.

Because DE catches all the dirty old power plant emissions from states south and west of us, this halt to forcing power companies to improve their pollution controls has serious consequences for us. Eleven northeastern states immediately sued to halt the implementation of these changes. The changes were improperly promulgated, so there was a sound legal basis for the suit. Nevertheless, our Attorney General declined to have DE join the suit. The Nature Society, with the help of the Environmental Law Center at Widener, rose to the occasion and became a plaintiff on behalf of DE. This is a challenge because taking part in a federal action with multiple plaintiffs is expensive for a small non-profit group. We owe them a huge Thank You. The News Journal editors finally shamed our elected AG into entering the case, but her decision to participate came just 2 days before the DC District Court announced an injunction had been granted to stop the changes.

Your Environmental Chairperson is participating in sessions with DNREC having to with writing their rules for hearings.

Thanks to all the Board members who contacted our Senators to oppose the Energy Bill that would have delayed improvements to our air quality.

by Christine Whitehead, Esq.


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