Appeals court upholds air permit for CU plant

The permit was issued in 2004 by the Missouri Department of Natural Resources. The Sierra Club appealed the permit in 2005, claiming the plant would not use required clean-air technology, and that led to a review by the Missouri Air Conservation Commission, which upheld the permit. The conservation group then filed a petition for judicial review of the permit issuance in Greene County Circuit Court, which in July 2006 affirmed the commission’s ruling.

The Sierra Club followed that court’s ruling with an appeal that claimed the decision failed to follow certain procedural rules and emission limitations.

The permit is necessary for CU to operate its addition to its coal-fired power plant, which is now under construction and set for completion by the end of 2010.

In yesterday’s opinion, the court dismissed the procedural complaints and the organization’s environment-related concerns.

Sierra Club alleged the decision to award the permit was based on an assumed sulfur content of the coal that would be burned; however, the court determined ample evidence had been presented to quantify the sulfur content. The organization also challenged the emission-control technology used at the plant and the limit set on emissions, which it said was too high. The court found the technology in place to be appropriate and the emission limit to be in line with those set at similar plants in other states.

A Sierra Club representative could not be reached for comment. CU spokesman Joel Alexander deferred comment until the utility’s lawyers could review the appeal court’s decision.[[In-content Ad]]