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Wyoming Supreme Court affirms air permit for Dry Fork Station
The Wyoming Supreme Court has affirmed the issuance of an air permit for construction of the Dry Fork Station north of Gillette, WY.
Basin Electric Power Cooperative - March 16, 2010
The Wyoming Supreme Court has affirmed the issuance of an air permit for construction of the Dry Fork Station north of Gillette, WY.
In a unanimous decision, the Court said “We affirm the Council’s decision that the DEQ properly issued an air quality permit to Basin Electric for the Dry Fork Station.” This follows almost three years of legal efforts by environmental groups to halt construction of the $1.3-billion coal-based power plant.
Deborah Levchak, staff counsel for Basin Electric, said the decision is good news for the project. “We sincerely appreciate the efforts and hard work of the Department of Environmental Quality in evaluating the data submitted before issuing the air permit.” The permit application was submitted to the DEQ on November 10, 2005. The permit was issued on October 15, 2007. Construction on the Dry Fork Station began shortly after the permit was issued.
After the air permit was issued, several environmental groups including the Wyoming Outdoor Council, the Powder River Basin Resource Council and the Sierra Club appealed to the Environmental Quality Council challenging the DEQ’s issuance of the permit. At hearings held by the EQC in May and September 2008, it was determined what issues should be considered during a formal hearing that was scheduled for November 2008. Subsequently, it was decided by the appellants to bypass the EQC November hearing and have the issues certified directly to the Wyoming Supreme Court.
Construction on the Dry Fork Station is about 75 percent complete. When it becomes operational in mid-2011, it will have about $334 million of environmental controls installed.
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