ALBANY -- A federal appeals court on Thursday sided with several states and the federal government trying to require coal-fueled power plants to install more pollution controls when the facilities are modified, said New York Attorney General Eliot Spitzer.
The 3-0 decision criticized arguments for hourly rates as a loophole that could allow massive increases in pollution by a plant that operates no dirtier, but operates more often.
There was no immediate comment from a company spokeswoman. The case is expected to be appealed to the U.S. Supreme Court in November, Lehner said.
