Coal plant critics seek to block construction

? Opponents of a proposed $2.8 billion coal-fired power plant in southwest Kansas on Monday filed a legal brief with the Kansas Supreme Court seeking to block its construction.

Lawyers with Earthjustice and Sierra Club argue in the filing that a state permit issued by the Kansas Department of Health and Environment to Sunflower Electric Power Corp. did not comply with the Clean Air Act.

The brief claims the permit does not include enforceable limits on nitrogen oxides and sulfur dioxide pollution, failed to follow requirements to consider use of best available control technology and denied the public a fair opportunity to participate in the agency’s evaluation, The Topeka Capital-Journal reported.

The state approved the permit in December, less than a month before stricter federal environmental regulations took effect.

“The Sunflower permit process was so completely hijacked by coal plant supporters that a citizen lawsuit became necessary,” said Stephanie Cole, spokeswoman for the Sierra Club in Kansas.

Officials with the state health department and Sunflower have consistently defended the permit process.

Earl Watkins, president and chief executive officer of Sunflower until he retired last week, said the project near Holcomb meets all state and federal requirements. He also criticized environmental groups for their legal fight against the plant.

“Environmental extremist groups — like the Sierra Club and their legal arm, Earthjustice — view rising electric bills as a way to curtail your energy use regardless of the direct correlation demonstrated in economic studies between the cost of energy, economic growth and health and, thus, in the overall quality of life,” he said.

The health department in July granted Sunflower’s request to extend the time required before construction must begin until after all litigation ends.

The project has been the center of political and legal disputes for more than four years. Proponents of the plant say it will bring crucial jobs and economic development to western Kansas. Opponents contend the plant will pollute, draw down water reserves and provide electricity that won’t be used in Kansas. Colorado residents will receive much of the electricity.

In addition, The Kansas City Star recently reported that emails it reviewed revealed KDHE regulators allowed Sunflower executives to prepare written responses to citizen comments about the project.

Watkins said activists are wrong to portray Sunflower’s collaboration with the state health department as improper.

“People uninformed of Kansas law or those who wish to misconstrue what it says have labeled this as a ‘cozy relationship”‘ between Sunflower and KDHE,” he said. “We owe it our members and those they serve to go on record to publicly defend this project against some of the outrageous and misleading ‘facts’ said in public comment.”

Todd True, an attorney with Earthjustice, said he was confident the permit “will not withstand the scrutiny of judicial review.”