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Missouri Supreme Court upholds CU plant permit

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Construction of City Utilities’ power plant addition will forge on, following the Missouri Supreme Court’s affirmation Aug. 21 that the plant’s air permit is valid.

The court denied Missouri Sierra Club’s appeal of the permit that was issued three years ago by the Missouri Department of Natural Resources for the Southwest 2 coal-fired power plant. Sierra Club has alleged the permit violates air quality laws because the plant does not use required clean-air technology.

The organization first appealed the permit in 2005, leading to a Missouri Air

Conservation Commission review. The commission upheld the permit, and Sierra Club filed a petition for judicial review of the permit in Greene County Circuit Court. That court affirmed the commission’s ruling, prompting the organization to file an appeal, which was denied in June.

“We had confidence in the permitting process and the review by the Department of Natural Resources,” CU Associate General Manager and General Counsel Andy Dalton said in a news release.

Sierra Club has 90 days to file a petition with the U.S. Supreme Court.

Sierra Club Missouri Chapter Legislative Director Roy Hengerson said the organization has not decided yet whether it will continue its effort to have the permit revoked.

CU officials say the plant is on pace to meet its 2010 completion date. The project is funded by a $697 million bond issue.

This story originally appeared in SBJ’s Aug. 22 free e-news Daily Update. Click here to register.

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