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Sierra Club sees lawsuit as desperate
Published 11/19/2008 in News
By CHRIS GREEN
TOPEKA (HNS) -- The leader of an environmental group is calling a lawsuit filed Monday by Sunflower Electric Power Corp. a "last-ditch effort" to clear the way for the construction of two new coal-fired power plants near Holcomb.
The Hays-based utility, already pursuing state-level legal challenges, announced Tuesday it had filed a lawsuit in Kansas City's U.S. District Court claiming among other things that Kansas Gov. Kathleen Sebelius and officials in her administration have violated Sunflower's right to fair and equal treatment under the law by blocking air-quality permits for the project over global warming concerns.
Sunflower is asking that the Sebelius Administration be forced to allow Sunflower's plans to construct the two 700 megawatt coal-fired generators.
But Bruce Nilles, director of the Sierra Club's national coal campaign, said the suit appeared to be a move by Sunflower to undermine the ability of the state to regulate the CO2 emissions of coal plants.
He said the coal industry has threatened this type of suit for years. Sunflower's effort represents a last-ditch effort to save its project as the national climate for constructing new coal plants becomes even tougher, he said.
"It's definitely an act of desperation," Nilles said. "They have lost everything so far. It's a last-ditch effort, but it certainly should be taken seriously."
In recent weeks, environmentalists have characterized President-elect Barack Obama's victory as a blow to coal power, including Sunflower's plans.
They've also seized on a ruling by an Environmental Protection Agency appeals board, which temporarily blocked a permit for a Utah coal plant. The panel is requiring the EPA's Denver office to explain why it declined to limit CO2 emissions in issuing a permit for the plant.
But Clare Gustin, Sunflower's vice president for member services and external affairs, said the company's newest lawsuit had nothing to do with those recent claims. Company officials were following another legal avenue to win the air-quality permits they believe they're entitled to receive, she said.
With the Kansas economy facing more difficult times these days, she said it doesn't make any sense for the Holcomb project to remain in limbo, when it could provide jobs and investment.
Sunflower's filing specifically names Sebelius, Bremby and Lt. Gov. Mark Parkinson as defendants in their official capacities. KDHE spokeswoman Maggie Thompson declined comment on the suit.
Sunflower and its supporters have filed lawsuits in the state court system that remain on hold before the Kansas Supreme Court, despite a request from the utility last month to lift the stay. Company officials also have filed an administrative appeal to the permit denial, a challenge presently before a state hearing officer. The ruling in that case ultimately could be appealed to the state Supreme Court.
Gavin Young, a spokesman for the state Department of Administration, said the hearing officer in the appeal has until mid-December to decide the next course of action in that case.
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