KDHE Responds to Judge's Ruling on Coal Challenge

By: Associated Press
By: Associated Press

TOPEKA, Kan. (AP) _ The Kansas Department of Health and Environment's general counsel is responding to a recent court ruling involving two proposed coal-fired power plants.

Sunflower Electric Power Corp. wants to build the plants in Finney County. In October, Department of Health and Environment Secretary Rod Bremby denied the utility an air-quality permit, inspiring six separate legal challenges.

Sunflower and a partner filed separate lawsuits in Finney County District Court. Judge Philip Vieux dismissed them Tuesday, saying he didn't have the jurisdiction to consider them.

Sunflower said it was pleased because other legal challenges could move forward.

KDHE General Counsel Yvonne Anderson said it was "encouraging'' that the utility agreed the case didn't belong in district court.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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