FutureGen is Dead. Long Live CCS.

Foley Hoag LLP - Environmental Law
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Although there is no news on DOE’s web site as of today, apparently FutureGen 2.0 future gen 2is dead.  DOE stopped federal funding.  The FutureGen Alliance has already asked DOE to reconsider, but that seems unlikely at this point.

Two big questions beg for answers in light of the announcement.  First, does carbon capture and storage still have a future even if FutureGen does not?  On that one, I have no crystal ball, but I’ve always been skeptical.

The other question is what the death of FutureGen means for EPA’s decision in its proposed NSPS rule that CCS represents the “best system of emissions reduction” for CO2 from power plants.  Given my skepticism about CCS’s prospects, it should be no surprise that I have a hard time seeing CCS as representing BSER.  While FutureGen was not part of EPA’s basis for concluding that CCS is BSER, the controversy over that issue will surely be reignited by DOE’s decision.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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