Canary Coalition Urgent Action Alert
Feb 19, 2003

It's important that you tell Governor Easley and Attorney General Cooper-today-that North Carolina must join the nine northeastern states who are suing the EPA over its decision to revise the New Source Review (NSR) provision of the Clean Air Act. March 3 is the deadline for states to file a Petition For Review in this case. It's critical because this EPA action threatens to undermine the North Carolina Clean Smokestacks Act.

Much of North Carolina's air pollution is transported from other states. For this reason the intent of the NC Clean Smokestacks Act is to set an example for other states and the federal government to follow. Together with similar laws, passed in several other states, pressure has been mounting nation-wide for a clean-up of all grandfathered coal-burning power plants and industrial facilities. The impetus for the public utilities in North Carolina to negotiate the Clean Smokestacks Act was the EPA's lawsuits against public utilities in other states using the NSR provision. That incentive has now been removed by this EPA decision. With the gutting of NSR other states are unlikely to follow North Carolina's example.

It is the clear intent of the NC Clean Smokestacks Act that the state take actions such as entering into this multi-state lawsuit. Section 10 of S1078 reads: "It is the intent of the General Assembly that the State use all available resources and means, including ...litigation to induce other states and entities,...to achieve reductions in emissions of oxides of nitrogen (NOx) and sulfur dioxide (SO2) comparable to those...as enacted by Section 1 of this act..."

It is the responsibility of the Governor and Attorney General to take this action. It's up to you to assert that you expect them to follow through. Tell the Governor and Attorney General to join the nine northeastern states in their suit against the EPA's NSR decision.

The Honorable Governor Michael F. Easley
20301 Mail Service Center Raleigh, NC 27699-0301
1-800-662-7952 valid in North Carolina only
(919)733-4240, or (919)733-5811.
Fax: (919)715-3175 or (919)733-2120
email through the Governor's webpage: http://www.governor.state.nc.us/Contact.asp

NC Office of the Attorney General
North Carolina Department of Justice
P.O. Box 629 Raleigh, NC 27602-0629
Telephone: (919) 716-6400 Fax: (919) 716-6750
e-mail: agjus@mail.jus.state.nc.us

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