Judge Approves Coal-Fired Power Plant

Click on the image to read a larger version of the conclusion page of Howells' decision. The full ruling is here. (.pdf download).

Atlanta Administrative Law Judge Stephanie Howells, in an 108-page decision, has ruled affirming the Georgia Environmental Protection Division’s (EPD) decision to issue an air quality permit to Longleaf Energy Station, in a statement released Friday morning.

Howells noted in her conclusion:

"...the weight of the evidence demonstrates that limits imposed by EPD are reasonable and supported by law.”

The 1200 - megawatt facility, to be built on the banks of the Chattahoochee River in Early Co., would be the first coal-fired plant to be built in Georgia in the last 20-years.

GreenLaw, who is representing Friends of the Chattahoochee and the Sierra Club, filed suit in June of 2007 challenging the permit for the 1200 megawatt power plant. The lawsuit charged that the builders, Houston-based Dynegy Corporation, failed to include limitations for carbon dioxide and sulphur emissions. Justine Thompson, GreenLaw's Executive Director:

“We are very disappointed by the court’s ruling and we will certainly file an appeal.”

“This is the first coal-fired power permit to be approved in Georgia in over 20 years but with this court’s ruling, I fear it will not be the last. As neighboring states stand up against coal plants, Georgia’s acquiescence will make us a target for new coal-fired power plant proposals. Building this plant as currently designed will lock this state into dirty air for the life of the plant, at least 50 or more years.”

Greenlaw attorneys say they will appeal to the state Superior Court by February.

Speaking in a conference call set up by opponents in the wake of the decision, Bobby Mclendon, president of Friends of the Chattahoochee expressed his disappointment:

"I've got a medical doctor on our board of directors down hear, and he told me – I said, Sammy, what is the worst pollutant that will be emitted by this plant? – this was five years ago – and he said, 'particulate matter, Bobby' he said, 'it'll increase asthmatic attacks and asthma and things,' and he said, 'we just don't need any of it,' so knowing all this about the fallout from it, I was just extremely disappointed in the decision."

But in a separate interview, Billy Fleming, publisher of the Early County News and a long-time proponent of the plant, said he was unsurprised by Howells decision:

"Of course, we're excited as a community about the decision, and it's actually the decision we were anticipating all along. Dave, I've spent five years studying every aspect of coal-fired power-plants, global warming, particulate matter, mercury and everything, and any of us who have paid attention are very comfortable with the permits of this power plant."

Click here for more GPB News coverage and features on the issues at stake at the Longleaf Power Station.