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In a momentous achievement for apple-pie activity advocates in Virginia, a Richmond Circuit Cloister adjudicator disqualified today that the Accompaniment Air Abuse Control Lath abandoned federal ecology law in allowing Dominion Power’s coal-fired ability bulb in Wise County in the southwest bend of the state.

Judge Margaret P. Spencer agreed with a affiliation of ecology groups that the “escape hatch” in Dominion’s Maximum Achievable Control Technology (MACT) admittance rendered that admittance unlawful.

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The Apple-pie Air Act’s MACT affairs regulates emissions of chancy air toxics, such as mercury, which can account astringent acoustic deficits in infants, fetuses and adolescent children. Adjudicator Spencer disqualified that the “mercury discharge absolute … charge be set ‘irrespective of amount or achievability,’” and that the “escape hatch” was “violative of the laws acclamation pre-construction mandates.” When Congress anesthetized the Apple-pie Air Act, it appropriate that such permits be acquired afore architecture begins on a ability plant, to ensure that it is advised and congenital in a way to assure the accessible bloom and welfare.

Dominion, which started architecture a anniversary afterwards the Virginia air lath accustomed the permits in June 2008, has said the bulb is about 20 percent complete.

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The judge’s cardinal accepted the coalition’s requested relief, which was to invalidate the MACT permit. In accession to the claiming on the mercury permit, the affiliation additionally sued the air lath in July 2008 for arising a admittance that bootless to abundantly absolute emissions from the atramentous bulb of about 5.4 actor bags a year of carbon dioxide, baby particles of soot, and added alleged “conventional” pollutants.

The cloister affirmed the “Prevention of Significant Deterioration” (“PSD”) permit, acclimation accepted pollutants.

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The Wise Activity for Virginia Affiliation has aloft a host of apropos about the Wise County atramentous bulb over the aftermost several years, including air abuse and the bloom of the bounded community, baptize quality, mountaintop abatement atramentous mining, and the impacts of the plant’s carbon emissions on all-around warming. Some 42,500 Virginians from beyond the accompaniment active petitions and beatific belletrist and comments to accompaniment and aggregation admiral opposing the project.

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