A Superior Court Judge in Fulton County, Georgia has ruled that construction of Dynegy’s Longleaf plant be halted until it is assured the plant will limit the amount of carbon dioxide it releases.

The original permit would have allowed the plant to emit 9 million tons of carbon dioxide annually, something the court said was unreasonable.

The court cited the Supreme Court’s 2007 ruling recognizing that carbon dioxide is a pollutant under the federal Clean Air Act.  It’s the first time any court has applied the ruling to an industrial source.

Commenting on the ruling, Bruce Nilles, director of the Sierra Club’s National Coal Campaign said:

“Coal-fired power plants emit more than 30% of our nation’s global warming pollution.  Thanks to this decision, coal plants across the country will be forced to live up to their clean coal rhetoric.”

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A Navajo Nation enterprise has filed a lawsuit against the US Environmental Protection Agency Tuesday for dragging its feet on an air permit for a proposed coal-fired power plant. Dine Power Authority of the Navajo Nation and Houston-based Sithe Global Power have partnered to build the $3 billion, 1500 megawatt Desert Rock plant. The group filed for a permit back in 2004 and is still awaiting a final decision. “Time is money,” said Steven Begay, the general manager of DPA. Begay added, “Sithe is spending money, and we’re spending money. The longer we wait, the more money we spend … and we don’t want to do that. We want to move forward.”

Sithe has alredy invested about $20 million in the project and the lawsuit claims the tribe is losing $5 million per month in tax revenue for each month the permit is delayed. The investor group announced in January that they would be suing the agency, and that they would be represented by friend of ‘big energy,’ Giuliani and Bracewell. Apparently Rudy Giuliani will find ways to assert his political will, even if he can’t be President.

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