The Obama administration is weighing whether to exempt the construction of a solar energy storage project in California from a new rule that aims to cut greenhouse gas emissions.
The Interior Department is expected to release its proposed rule Thursday that would give the green light to a project that would build large, expensive solar panels and other solar panels on a California reservoir.
It would create a new federal greenhouse gas cap on new projects that use solar energy to generate electricity.
It also would allow solar energy projects to use existing existing power lines.
But a judge Friday threw out the rule in its entirety because it is not enforceable, saying the Interior Department failed to meet its deadlines for completing its rulemaking.
“In this instance, the agency’s failure to implement the statutory requirements to implement a rule effectively is the subject of an agency failure,” Judge Mark Gottfried wrote in the ruling, according to The Associated Press.
The EPA has said it will likely issue the final rule within two months. “
I would hold that the agency failed to submit the enforceable and enforceable rules within the statutory time frame,” he added.
The EPA has said it will likely issue the final rule within two months.
The agency has argued that its plan to build a solar panel farm near the proposed site could create jobs and economic benefits in the region.
Critics say the EPA has ignored the environmental impacts of solar power, saying it has not done enough to make sure that the project would be safe.
The rulemaking was delayed for several years after the EPA rejected a lawsuit by the American Energy Alliance, an industry group that opposed the solar project.
The court ordered the EPA to reconsider and submit a new proposal.
In a statement to ABC News, the Trump administration said it is reviewing the ruling and will consider its options.