But the utility that wants to build the plants said the administrative appeals ruling should clear the way for a Kansas Supreme Court review.
Sunflower Electric Power Corp. wants to build the two plants outside Holcomb, in Finney County. But Health and Environment Secretary Rod Bremby refused in October 2007 to issue an air-quality permit. He cited the plants' carbon dioxide emissions.
Bremby's decision generated multiple legal challenges. The Kansas Supreme Court had declined to consider challenges to Bremby's decision until the administrative appeal was settled.