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Wyoming Supreme Court upholds coal-plant permit
The Powder River Basin Resource Council and Sierra Club had challenged the authorization decision by the Wyoming Department of Environmental Quality.
Basin Electric Power Cooperative - March 9, 2010
Originally published in the Casper Star-Tribune
Reported by Dustin Bleizeffer
The Wyoming Supreme Court has ruled in favor of the state's decision to authorize the Dry Fork Station coal-fired power plant, now nearing completion near Gillette.
Basin Electric Power Cooperative hailed the court's decision.
"We sincerely appreciate the efforts and hard work of the Department of Environmental Quality in evaluating the data submitted before issuing the air permit," Deborah Levchak, staff counsel for Basin Electric, said in a prepared statement.
The Powder River Basin Resource Council and Sierra Club challenged the authorization decision by the Wyoming Department of Environmental Quality, arguing that the plant would use outdated technology risking human health and the environment for decades to come.
"The Clean Air Act requires utilities to use the best available technology possible," Brad Mohrmann, regional representative for Wyoming Sierra Club said in a prepared statement. "We hope in the future Basin Electric and other Wyoming utilities will lead as opposed to lag behind in innovation that will protect our environment and public health in Wyoming communities like Gillette."
However, the Wyoming Supreme Court did reject the way DEQ approved the permit, according to Earthjustice, which represented the citizen groups.
Air quality modeling required by DEQ suggested pollution levels would exceed federal standards at the Northern Cheyenne Indian Reservation.
Dry Fork Station is estimated to produce 3.7 million tons of carbon dioxide and 25.3 tons of methane -- the most potent greenhouse gas -- each year for at least the next 40 years.
Although construction of the power plant is still under way, crews have already begun some "commissioning" tasks in preparation to commence commercial operation in mid-2011, according to Basin Electric Power Cooperative.
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