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In re Otter Tail Power Co.

Filing Date: 2006
Case Categories:
  • Federal Statutory Claims
    • Clean Air Act
      • Environmentalist Lawsuits
  • State Law Claims
    • Utility Regulation
Principal Laws:
Clean Air Act (CAA), State Law—Utilities Laws, South Dakota Energy Conversion and Transmission Facilities Statute
Description: Challenge to permit for construction of 600 megawatt coal-fired electric generating plant in South Dakota.
  • In re Otter Tail Power Co.
    Docket number(s): 24485
    Court/Admin Entity: S.D.
    Case Documents:
    Filing Date Type File Action Taken Summary
    01/16/2008 Opinion Download Issuance of permit upheld. The South Dakota Supreme Court found that the Public Utilities Commission's (PUC's) conclusion that the coal-fired energy conversion facility would not pose a threat of serious injury to the environment was well-reasoned and informed. The court noted that the PUC "recognized that despite the asserted scientific consensus on the harm caused from global warming, neither Congress nor the South Dakota Legislature has chosen to regulate CO2 emissions." The PUC therefore considered the facility's potential harm by comparing its projected carbon dioxide emissions to national emissions. Because the facility would increase national emissions only by 0.07%, the PUC concluded the threat of harm would not result in serious injury.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.