Yesterday, the law won.
Texas state administrative judges Tommy Broyles and Craig Bennett just handed down a negative decision temporarily thwarting plans for a $3 billion petroleum coke-fired Las Brisas power plant in Corpus Christi.
Their opinion letter to the Texas Commission on Environmental Quality (TCEQ) stated that they have been unable to find grounds for approving the permit and this means that for now, Texans can breathe just a little bit easier.
We applaud the administrative judges for reaching a decision that was clearly justified on both the facts and the law. The facts in the case against Las Brisas were overwhelming (see my January post). Also, in addition to air pollution issues incorrectly outlined in the application, no one seemed to talk much about the added $100 million costs to build a water pipeline.
Now it’s up to TCEQ as they decide whether or not to grant the air permit. We will be watching closely to see if – as history has proven time and again – politics trumps the law and someone finds that damned rubber stamp again.
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Hal Suter of Coastal Bend Sierra Club said this —
“Sure. The TCEQ Commissioners could do the right thing for the public health, deny this permit and show us a new day and cleaner air for Texas,” said Hal Suter with Sierra Club. “However, it’s also an economic situation Las Brisas will have to look at. Coal costs are rising because coal plants have to meet the national air quality standards which are being strengthened. Plus, consumers are demanding clean energy. We hope Las Brisas Energy Center will give up their plan to burn coke and instead use the wind to make electricity like their name would imply. Or, better yet, how about some solar power for the Sparkling City by the Sea?”
More perspective from the Attorney and the Doctor — http://www.texas.sierraclub.org/press/newsreleases/20100330.asp
Why build a Coal/Pet Coke plant. Nat Gas will be cheaper and cleaner.
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