The Sierra Club has been fighting this for a long time and they finally won:
In a landmark action, the Environmental Protection Agency’s final decision-making board has ruled that all new and proposed coal-fired power plants must have their carbon dioxide emissions regulated. The Environmental Appeals Board ruled today that the EPA has no valid reason for refusing to place limits on the global warming emissions from Desert Power’s proposed 110-megawatt coal-fired power plant in Vernal, Utah.
It’s really shocking seeing some good news come out of the Bush EPA. I had to do a double take. Just think of what is going to happen next year when someone really concerned about the environment picks a new leader for the EPA.