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Environmental Law Program
Sierra Club Lawsuits

Kansas Hearing Officer rules Sunflower Electric Power Corp. must regulate CO2 emissions from massive coal plant expansion

Case Updates:

December 15, 2008

Sierra Club and allies won a major victory on December 11, when a state hearing officer ruled that the Kansas Department of Health and Environment acted properly last year when it rejected Sunflower Electric Power Corp.’s air permit for its massive coal-fired power plant expansion in western Kansas. The Dept. initially rejected Sunflower’s air permit because it contained no plans to control carbon dioxide emissions from the 1600MW expansion, and the proposed plant would have emitted an estimated 11 million tons of CO2 each year. Kansas Governor Kathleen Sebelius has also consistently acted against the Sunflower expansion; she successfully vetoed three bills that would have granted the proposed plant’s air permit. Last year Kansas was the first state in the union to reject a coal plant because its contribution to global warming posed a serious threat to local communities and the environment, and this ruling represents a monumental win in the fight against global warming.

Sunflower Electric Power Corp. has 15 days to petition the Dept. to review the hearing officer’s decision.

Details and Documents:

Case Documents:

State Hearing Officer's Order
December 11, 2008, Office of Administrative Hearings, Kansas

 


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