Sunflower Electric Power Corporation is seeking an air permit for construction of a pulverized coal technology power plant in Kansas. The Kansas Division of Health and Enviroment (KDHE) would not approve the application for the air permit on the grounds that it did not evaluate the effect of CO2 emissions. The KDHE Secretary Roderick Bremby made a decision that the CO2 emissions should be considered a hazardous pollutant contrary to EPA guidelines. Secretary Roderick Bremby speaking House Select Committee on Energy and Global Warming said “The U.S. Supreme Court’s decision in Massachusetts v. EPA was a key consideration in making the Sunflower Electric decision.” He summarized “The most critical challenge facing the states is policy uncertainty at the federal level.”
The Sunflower skirmish has become a major battle ground. Sunflower Power issued a press release stating that the KDHE Secretary illegally used his authority to withhold the air permit. Peabody Coal entered the fray and provided $200,000 funding for an advertising campaign in favor of the pulverized coal fired power plants.
Sunflower filed a lawsuit in district court against KDHE and the court ruled in Sunflower’s favor. The district court dismissed the case. This means that the case can go directly to the Kansas Supreme CourtK without having to go through the appeals process. Sunflower executives are pleased that the case was dismissed by the District Court so it can be heard by the Supreme Court if the court chooses.
The Sierra Club filed a lawsuit to stop the plant saying that a environmental impact study should be first conducted. The Federal government attempted to have the Sierra Club lawsuit dismissed. However, a State District judge ruled against the Federal government and denied the dismissal of the lawsuit.
Governor Sebelius supports the KDHE decision and is in talks with Sunflower regarding a negotiated settlement. Perhaps logic will prevail and Sunflower will build a coal gasification plant and include CO2 capture for enhanced oil recovery.
