In the morning, a federal appeals court struck down the cornerstone of the administration's strategy to control industrial air pollution by agreeing with arguments by the utility industry that the E.P.A. had exceeded its authority when it established the Clean Air Interstate Rule in 2005. The court, the United States Court of Appeals for the District of Columbia Circuit, said the rule, which set new requirements for major pollutants, had "fatal flaws."

These recent decisions and EPA actions as reported in the full NYTimes article are leaving industry with questions:

"Right now we find ourselves in the twilight zone," Mr. Dorsey, of Entergy, said. "How do you proceed now? Do we continue to buy emissions allowances? Do we work on putting scrubbers on, or what?"

And what will Dairyland Power do with their plans to install scrubbers in the Genoa Plant and the resulting need for an ash landfill in Vernon County?  Keep tuned into KickTime for the latest.

The NYTimes also provided an interesting podcast with a reporter on the story.