Lawmakers want to sue Sebelius over coal plants

? Kansas House leaders Friday introduced a resolution to allow the Legislature to sue Gov. Kathleen Sebelius over coal-fired electric power plants.

“There is a separation of power issue, and we’re going to take care of our interests and protect our members because we are an equal body,” House Majority Leader Ray Merrick, R-Stilwell, said.

But opponents of the coal-fired plant project said the resolution was pointless.

“The fact that they at the last minute would bring something like this up is really disrespectful to all the folks who look to us to do some concrete steps forward on their problems,” said state Rep. Jim Ward, D-Wichita and the assistant minority leader.

The dispute is over two 700-megawatt coal-fired plants in southwest Kansas proposed by Sunflower Electric Power Corp. and two out-of-state companies.

Sebelius has vetoed bills authorizing the plants, citing concerns about climate-changing carbon dioxide emissions. Supporters of the plants say they will be among the cleanest coal-burning units in the nation.

On Thursday, the House failed to override Sebelius’ veto. On Friday, Merrick and House Speaker Melvin Neufeld, R-Ingalls, introduced HCR 5042, which would allow legislative leaders to hire private legal counsel to sue Sebelius, alleging she has overstepped her constitutional authority.

Merrick said part of the reason for the resolution was that Lt. Gov. Mark Parkinson said the Sebelius administration may consider legal action if the Legislature did override her veto.

“That’s arrogance and not knowing how the system works,” Merrick said.

Later, Sebelius said her office had given no such consideration to litigation if her veto were overridden.

State Rep. Raj Goyle, D-Wichita, said Sebelius’ statement on that issue should end speculation.

“The coal plant permits are already being litigated in multiple forums. Why spend precious taxpayer money on more lawyers to argue the same point?” Goyle said.

With the wrap-up session nearing its end, possibly as early as today, supporters of the plants were looking for possible avenues to try again to get the project approved through legislation.

“All options are open,” Merrick said.