Environmentalists challenge power plant permits

A coalition of environmental groups filed papers in two courts Friday challenging the state's approval of a $1.8 billion coal-fired power plant in southwest Virginia.

By: By LARRY O'DELL Associated Press Writer | WSLS 10
Published: July 26, 2008

RICHMOND, Va. (AP) - A coalition of environmental groups filed papers in two courts Friday challenging the state's approval of a $1.8 billion coal-fired power plant in southwest Virginia.

The Southern Environmental Law Center is appealing a state board's approval of two permits for the Dominion Virginia Power plant in Wise County. Law center attorney Caleb A. Jaffe said those cases were filed in Richmond Circuit Court.

Opponents of the plant also appealed the State Corporation Commission's approval of the project to the Virginia Supreme Court. They claim the law authorizing the project violates the Constitution's commerce clause because it requires the plant to burn Virginia coal.

Supporters of the project say it would create jobs in the economically depressed region and open a new market for Virginia coal. Environmentalists have raised concerns about the project's impact on air quality, mountaintop mining and global warming.

"We are bringing these challenges now because this coal plant, as permitted, would fail to meet core Clean Air Act requirements," Jaffe said. "At nearly $2 billion and without any means to capture its carbon dioxide pollution, this plant represents a remarkably bad deal for Virginia."

Jaffe's clients are Appalachian Voices, the Chesapeake Climate Action Network, the Sierra Club and Southern Appalachian Mountain Stewards. The circuit court papers name the Air Pollution Control Board as defendant. The Supreme Court appeal names Dominion and the corporation commission.

According to Jaffe, the plaintiffs have 30 days to outline their claims in circuit court. He said they will argue that emissions of carbon dioxide and other pollutants that contribute to global warming must be controlled, and that the permit fails to adequately limit emissions of mercury, which can cause severe neurological problems in fetuses and children.

In a written statement, Dominion said: "This is the most thoroughly considered and strictest air permit in the history of the commonwealth, and we are confident it will be upheld in the courts."

By statute, Jaffe said, the Supreme Court must accept appeals of SCC rulings. The Supreme Court has not yet set a hearing date.