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A set of stringent environmental emissions rules adopted
by the Department of Environmental Conservation last year
were deemed invalid by a State Supreme Court Judge last Tuesday
for violating a 1984 environmental statute.
The emission rules, designed to curb acid rain by requiring
additional reductions of sulfur dioxide and nitrogen emissions
at power plants, would have raised statewide wholesale power
rates by 5 percent, according DEC estimates.
A group of industrial consumers, power utilities and unions
challenged the new rules citing a 1984 statute that required
any emission regulations adopted by the state to be adjusted
to reflect the proximity of the source to sensitive receptor
areas.
Sensitive areas include the Adirondacks, which are subject
to more damage from acid rain because of winds from the west
and north.
State Supreme Court Justice Leslie Stein agreed that the
new regulations violated the 1984 statutes on the grounds
bought by NRG and others. In addition, Justice Stein ruled
that the DEC failed to provide public notice of the proposed
regulations within the proper timeframe.
The new rules were set to be implemented this fall. The DEC
may adjust the regulations to comply with Justice Stein’s
ruling or appeal the decision.
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