TOPEKA, Kan. — A utility company and state lawmakers are vowing to challenge the rejection of a permit for two coal-fired power plants in Kansas, where the state’s top environmental regulator cited emissions of carbon dioxide.
The ruling could have an impact across the country and was hailed as a victory by environmental groups that warn the plants contribute dangerously to global warming.
“As far as I know, this is the first time an air permit for a coal-fired power plant has been denied based on concerns about the impact of carbon dioxide emissions on human health and the environment,” Nick Persampieri, an attorney in Denver for the environmental group Earthjustice, said Friday. “We think it is a big deal.”
The case will be used as a precedent elsewhere, he said.
The Thursday decision by Rod Bremby, secretary of health and environment, prevents Sunflower Electric Power Corp. from starting construction on a $3.6 billion project outside Holcomb. The utility is expected to challenge the ruling.
Bremby said he denied the permit over concerns about the plants’ potential carbon dioxide emissions. Scientists say that CO2 is a major contributor to climate change, but Kansas doesn’t regulate it.
“I believe it would be irresponsible to ignore emerging information about the contribution of carbon dioxide and other greenhouse gases to climate change and the potential harm to our environment and health if we do nothing,” Bremby said.
Sunflower called the decision arbitrary and predicted it would raise electric rates and delay construction of larger transmission lines. Spokesman Steve Miller said the utility is troubled because Bremby “reached up and did this” without any legal standards on CO2.
“We’ve got lawyers all over the place, and they’re gathering to see how best to next proceed,” he said.
Despite the state’s lack of regulations, Attorney General Paul Morrison advised Bremby last month that Kansas law gave him the power to declare CO2 a health and environmental hazard and deny a permit over potential emissions.
“This decision is just further evidence that the days of business as usual for coal are over,” said Mark Brownstein, managing director for Washington-based Environmental Defense. “It’s just another indication of how the center of gravity on this issue has shifted.”
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