STATUS: In progress, with opposition
OPPOSITION: Sierra Club, Western Resource Advocates, Natural Resources Defense Council, Earth Justice
BACKGROUND: In 2005 the developer proposed construction of a 385 megawatt, $1 billion coal plant near Gillette, Wyoming. The Wyoming Department of Environmental Quality (DEQ) issued a final air permit in October 2007. In November, Sierra Club and others appealed to the Environmental Quality Council claiming the permit failed to properly control CO2 and hazardous air pollutant emissions. This appeal was denied in October 2008 and the opponents appealed to the Wyoming Supreme Court. In December Sierra Club sent the developer a notice of intent to sue claiming it should have completed a maximum achievable control technology (MACT) demonstration. The developer agreed to do so in February 2009, but the study, released in April 2009, demonstrated the facility was not a major source of hazardous air pollution and was not subject to MACT requirements. Sierra Club’s appeal claiming the permit was defective for a lack of CO2 limits and sufficient mercury controls was heard by the Court in August 2009 and denied in March 2010.
Construction is ninety-six percent complete. A permit modification is pending. Sierra Club has promised to continue the permit challenge.
LAST UPDATED: December 8, 2010