Federal Judge Makes No Ruling on Kansas Coal Plants

By: AP
By: AP

WICHITA, Kan. (AP) _ A federal judge is weighing arguments on
the state's request to dismiss a lawsuit by a company seeking to
build two coal-fired power plants in southwestern Kansas.

U.S. District Judge Eric Melgren heard arguments Thursday from lawyers for the state and Sunflower Electric Power Co. There was no
immediate ruling.

The Hays-based company sued the state over the denial of air-quality permits for the proposed plants in Holcomb. Sunflower Electric says the action by Health and Environment Secretary Rod Bremby violated its rights to equal protection and to conduct interstate commerce.

The attorney general's office wants the federal lawsuit thrown out, noting that an administrative appeal of Bremby's decision is now pending.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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