Sierra Club loses appeal of CU air permit

The permit, approved by the Missouri Department of Natural Resources, had been opposed by the Missouri Sierra Club for what it says is a violation of air quality laws. The organization previously had filed an appeal with the Missouri Air Conservation Commission, which upheld the permit in September.

The permit is necessary for the construction of CU’s Southwest 2 coal-fired power plant, for which voters approved a $697 million bond-issue in June.

Linda Chipperfield, spokesperson for the Sierra Club’s Ozarks chapter, said the organization was disappointed with the judge’s decision and still contends the power plant does not make use of required clean-air technology.

Chipperfield said no decision has been made regarding whether another appeal would be made – this time with the state’s southern district court – but she anticipates it will happen.

“We may have a better ear at that time, or we may have to go all the way to the state level,” she said.

As CU begins building its second plant, Chipperfield said the investment is a gamble. If the permit is revoked at a later appeal, any spent money will have been wasted, she said.

CU’s attorney in the case, Gary Cunningham, could not be reached for comment.