Kansas Responds to Sunflower Lawsuit

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TOPEKA, Kan. (AP) _ The legal battle over two proposed coal-fired power plants in southwest Kansas continues.

Attorney General Steve Six is asking a federal court to dismiss a lawsuit from Sunflower Electric Corp.

The utility sued the state for denying an air quality permit it needs to build the plants at Holcomb in Finney County.

Sunflower argues that Health and Environment Secretary Rod Bremby's decision to deny the permit violated its right to equal protection and its right to conduct interstate commerce.

In a response filed Tuesday, Six said the federal court does not have jurisdiction in the case. He contends the lawsuit is Sunflower's effort to get a judicial review of the permit decision before an ongoing appeal with Office of Administrative Hearings is heard. There's also a pending case in the Kansas Supreme Court, which has postponed any action until the OAH rules.