The Georgia Court of Appeals on Tuesday dealt a blow to environmental groups, tossing a lower court ruling that a permit for a proposed South Georgia power plant must limit carbon dioxide emissions.

Business groups had banded together to fight the June 2008 decision by then-Fulton County Superior Court Judge Thelma Wyatt Cummings Moore that effectively stopped Houston-based Dynegy Energy from building a coal-fired plant in Early County. Environmental groups on Tuesday vowed to ask the Supreme Court of Georgia to review Tuesday’s decision.

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