The Georgia Court of Appeals today reversed a landmark 2008 Fulton County Superior Court ruling regarding a proposed “clean coal” plant in southwest Georgia.
That ruling invalidated an air quality permit issued to Plant Longleaf in Early County because the state failed to place a limit on the facility’s carbon emissions.
UPDATE after the jump.
This was bound to happen. The Georgia Chamber of Commerce tossed its support behind two utility companies itching to build a coal power plant in Early County and echoed their claims that a Fulton County Superior Court judge overreached in her June 30 ruling that halted the beast.
ALBANY — Officials with the state and area chambers of commerce say they will lend their names to an application that will be filed today with the Georgia Court of Appeals asking that a Fulton County Superior Court judge’s decision interrupting construction of a coal-fired power plant in Early County be reconsidered.
Judge Thelma Wyatt Cummings Moore’s ruling on June 30 invalidated a permit granted by the state Environmental Protection Division to LS Power to begin construction on the $2 billion Longleaf Energy Station in rural Early County. Chamber officials say the decision threatens economic growth potential in Georgia by hampering the state’s ability to meet the demand for reliable and affordable power.
“We’re shocked at the decision,” George Israel, president of the Georgia Chamber of Commerce, said during a meeting Tuesday with The Albany Herald Editorial Board. “If this ruling is allowed to stand, it will not only hinder the ability to supply power to the state, it will have a major negative impact on future economic development in Georgia.”
Patricia Barmeyer, an attorney for one of the companies proposing the plant, says the judge’s ruling set back the project for one year.
The fallout from this ruling has been substantial. For one thing, the ruling was the first of its kind in the country. Moore’s decision even put the brakes on another coal power plant near Sandersville, Ga. The ruling even sparked a bit of Silkwood-esque drama; The Sierra Club received death threats two weeks ago because it supported GreenLaw, the environmental law firm that led the fight against the plant.
Fulton County Superior Court Judge Thelma Wyatt Cummings Moore has reversed a ruling that would’ve allowed the first coal power plant in the state in 20 years to be built in Early County, putting the brakes on the idea. The case now goes back to a lower court for a hearing.
Click here to read the judge’s ruling.
More details to come. A spokesperson for Dynegy, one of the companies building the plant, said he had not yet seen the ruling. GreenLaw, the environmental law firm who helped fight the plant, is expected to comment later today.
