STATUS: In progress, with opposition
OPPOSITION: Sierra Club, Power River Basin Resource Council, Western Resource Advocates
BACKGROUND: The developer first proposed a 325 megawatt, $225 million Two Elk facility in 1996 to burn waste coal. A permit was granted in 1998, and renewed in 2003. Shortly thereafter, the plant was re-designed for carbon capture and sequestration. By 2007 estimated construction costs exceeded $1.3 billion. In August 2007, the Wyoming Department of Environmental Quality (DEQ) determined the permit was void for lack of construction. The developer appealed and December the parties settled. In January 2008 the developer asked the State to revise the permit for carbon capture. In November 2010, the developer received a $5 million stimulus grant for capture research and development with a sub-award to Stanford University.
Sierra Club opposed the facility for its alleged CO2 and hazardous air pollutant emissions and for lack of construction. In January 2009 it sued in U.S. District Court for an order declaring the permit void for lack of construction. The suit was dismissed in August. Sierra Club appealed to the U.S. Court of Appeal for the Tenth Circuit with argument scheduled in January 2011.
LAST UPDATED: December 8, 2010