The Utah Supreme Court heard several arguments Thursday regarding a power plant proposed for construction in Sevier County that has been the subject of long-standing controversy and litigation.

Two separate cases focused variously on such things as whether Utah's Air Quality Board denied due process to nearby landowners and the public by not informing them of changes in its decisions and whether emissions levels from the plant are acceptable under law.

The Air Quality Board issued an order of approval in 2004 for construction to begin on the plant. The next year, the board decided to hold the approval order in abeyance for 18 months until litigation surrounding the plant was resolved.

James Kennon, who has respiratory problems, challenged this decision and claimed it was illegal under Utah law and the Clean Air Act. He said the actions also show little regard for the well-being of people in the 183 homes in the immediate area of the plant.

Kennon said the Air Quality Board and its executive secretary have not followed regulations to protect the public health and also denied people the right of due process, which requires notification of any changes and an opportunity for public comment.

Brian Burnett, attorney for Sevier Power, said the contention that there is a need for public notice and comment does not apply to orders that have already been issued. Burnett said there is no merit to the claim that the executive secretary did not follow the law and there is no reason to overturn the board's order.

Joro Walker, attorney for the Sierra Club, also urged the high court to revoke the approval order for construction and require that the power plant update its plans to include new technology to achieve maximum pollution control.

The environment and community could be harmed without an updated review of any potential air-pollution problems that might emerge, opponents said.

Burnett, however, said that the emission levels that were set are appropriate.

The high court will take the cases under advisement.

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