Judge dismisses two lawsuits in coal plant fight
Originally published 02:18 p.m., July 15, 2008
Updated 12:16 p.m., July 16, 2008
A legal battle over two proposed coal-fired power plants in Southwest Kansas has become less complicated and could be resolved more quickly because of a district judge's action Tuesday.
Finney County Judge Philip Vieux today dismissed without prejudice lawsuits filed by Sunflower Electric Power Corp. and a Colorado partner, Tri-State Generation and Transmission Association Inc.
Web-exclusive video interview
Lt. Gov. Mark Parkinson explains where he stands on the court's decision. Just click his image to watch the video interview.
Vieux said in a telephone interview Tuesday that he concluded he didn't have the authority to hear Sunflower's and Tri-State's lawsuits. He pointed to a 2006 state law that says a challenge to the denial of an air-quality permit goes through the state Court of Appeals, bypassing district courts.
The companies' suits challenged a state regulator's authority to deny an air-quality permit for the project near Holcomb. Kansas Department of Health and Environment Secretary Rod Bremby issued the denial last October, citing potential carbon dioxide emissions.
Bremby's decision inspired four other legal challenges.
Lt. Gov. Mark Parkinson says the plaintiffs in the suit sought dismissal and he's okay with that.
"We think the proper place for this to be handled initially is administratively with the Kansas Department of Health and Environment," Parkinson said. "And then, if there continues to be an appeal there, to the Kansas Court of Appeals. We would agree with the decision."
Sunflower spokesman Steve Miller said the ultimate goal is to get a definitive ruling from the Kansas Supreme Court.
"We're interested in speed, to get through all these cases so that we can be set back on the course we were originally on," Miller said. "The quicker we can get there, the happier we can be."
Parkinson agrees.
"I think this will be decided by the Kansas Supreme Court," he said. "The Kansas Supreme Court will decide if the secretary of health and environment acted in his authority or not. We believe that he did, but it's up to the courts."
This session, Gov. Kathleen Sebelius vetoed the legislature's three attempts to approve the coal-fired plants through energy legislation.
Coming soon, local, young television talent will shine on 49 News Kidcasts. Check back to see local kids, 4th through 8th grade, give the weather on TV.
Post a comment
(Requires free registration.)