The following statement was issued by Dave Tenny, NAFO President & CEO, in response to today’s 5-4 ruling by the U.S. Supreme Court in Utility Air Regulatory Group v. EPA.

“Today’s decision by the Supreme Court partially fixes the problem in the Tailoring Rule by concluding that GHG emissions—including biomass carbon emissions—don't trigger onerous Clean Air Act PSD permits. However, because facilities must consider GHG emissions when emissions of other pollutants trigger permits, we need now more than ever to adopt a carbon accounting framework that clarifies once and for all carbon emissions are de minimis and should not be subject to PSD permitting requirements under any circumstances.

“A clear, simple and implementable policy affirming that biomass is a low-carbon renewable energy solution will help states achieve the carbon emissions reductions sought by EPA under both the Tailoring Rule and any regulations for existing and new power facilities. It will also provide certainty for businesses and forest owners who have been looking for a clear, positive signal from the Administration on biomass.

“We are now half way to where we need to be. In order for wood biomass to make its full contribution as a low carbon renewable energy source, the EPA must now adopt an accounting framework that sends a clear and unambiguous signal that biomass is part of the solution. While we appreciate the Administration's positive messages on biomass, what we really need is a policy."

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