High court hears arguments on proposed Sevier power plant
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.
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.
E-mail: lindat@desnews.com
Recent comments
I would not be surprised to find out that the "new technology" is…
New Technology? | Oct. 9, 2008 at 3:22 p.m.
We have a choice! We can now vote against the plant and we can vote…
Sevier County Voters | Oct. 9, 2008 at 1:25 p.m.
