Judge's ruling halts planned power station (Updated)

In a landmark ruling with national implications, The Fulton County Superior Court today reversed a previous administrative court decision on an Environmental Protection Division (EPD) permit allowing the construction of a coal-fired power plant in southwest Georgia.

"We are in a moment of elation," said Justine Thompson a lawyer for Greenlaw, who represent a coalition of local residents and environmental groups that are fighting the plant's construction.

Fulton County Superior Court Judge Thelma Wyatt Cummings Moore reversed a previous decision by Atlanta Administrative Law Judge Judge Stephanie Howells, giving the go-ahead for the project.

Wyatt said in her ruling regarding the plant's projected carbon dioxide emissions:

"Faced with the ruling in Massachusetts that CO2 is an “air pollutant” under the Act, Respondents are forced to argue that CO2 is still not a “pollutant subject to regulation under the Act.” Respondents’ position is untenable. Putting aside the argument that any substance that falls within the statutory definition of “air pollutant may be “subject to” regulation under the Act, there is no question that CO2 is “subject to regulation under the Act."

Howells, in an 108-page decision reached on January 11th, had ruled affirming the EPD decision to issue an air quality permit:

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

The Houston-based Dynegy Company wants to build the 1200-megawatt Longleaf power plant on the Chattahoochee River in Early County.

The opponents last year filed an appeal to stop the construction. The say the plant would emit unchecked levels of carbon dioxide, and unacceptable amounts of other pollutants.

Proponents say the 1.2-billion dollar project will provide hundreds of jobs and millions of dollars in tax revenue for the poor rural area.

The plant would be the first such facility to be built in Georgia in the last 20-years.

Environmentalists said the decision marks the first time that a judge has applied a U.S. Supreme Court finding that carbon dioxide is a pollutant to emissions from an industrial source.

The court's April 2007 decision said the Environmental Protection Agency has the authority to regulate carbon dioxide and other greenhouse gases, which are blamed for global warming.

"We will be taking this decision and making the same arguments to push for an end to conventional coal," said Bruce Nilles, who oversees the Sierra Club's National Coal Campaign.

The plant's developers, LS Power and Dynegy Inc., said they planned to appeal.

"We are surprised with Judge Moore's ruling against us in every respect," said Mike Vogt, a spokesman for the energy plant. He also downplayed the ruling's impact on other pending lawsuits.

"I don't know what type of legal precedent a superior court judge in one state has over judges in other states," he said.

At a June 3 hearing, lawyers representing state regulators and plant developers said there was no federal standard yet to reduce carbon dioxide emissions, and warned that a ruling to regulate the gas would "short-circuit" legislators' work to develop new rules.

The plant is expected to create more than 100 full-time jobs and give millions of dollars in tax revenues to Early County, where almost a quarter of the 12,000 residents live in poverty. It would power more than a half-million homes through utilities in Georgia, Alabama and Florida.

Each year it would emit as much as 9 million tons of carbon dioxide, worrying critics who say it could cause health problems in a county that already suffers above-average air pollution.

The decision will force state regulators to reconsider coal-fired power plants and could push state regulators toward cleaner and more efficient energy, said Patti Durand, director of the Sierra Club's Georgia chapter.

"It's a scandal that energy companies are still trying to build coal plants even though they cause global warming," she said. "I can't be more thrilled. It's a huge ruling. This is a new day in the United States, and I'm thrilled."

Click here for more GPB News coverage about the Longleaf power station.

(With The Associated Press)

Georgia sports for Tuesday, September 11th

The Braves took another hit to their playoff hopes, losing the opener in their series against the Mets in New York last night, 3-2. Tim Hudson started and threw well, but was out-pitched by Oliver Perez. David Wright knocked a big 2-run homer off Hudson. The Braves-offense was highlighted by Brian McCann, who delivered a 2-run homer.
The Braves and Mets face-off again tonight.

The new Georgia high school football rankings are out for the week, now two weeks into the season. Class 5A has Roswell on top, followed by Norcross, Tift County, Stephenson and Coffee 1-through-5. From Class 4A, Northside-Warner Robins holds the top spot, followed by Tucker, Thomas County Central, Griffin, and St. Pius X. Class 3A has a new number-1, as Carver-Columbus takes the slot. LaGrange, Carrollton, Hart County, and Cairo round the top-5. From Class 2A, the first 5 goes Charlton County, Buford, Early County, Greater Atlanta Christian, and Cook. In the single-A rankings, number-1 Lincoln County is followed by Athens Academy, Wilcox County, Pacelli Catholic, and Seminole County.

Atlanta: Rain, Winds, Possible Tornadoes in S. Ga.

Click here or on the map for real-time weather updates from the National Weather Service.

There were reports of tornadoes in south and southwest Georgia Saturday night, while metro Atlanta was hit with wind and scattered showers.

The National Weather Service office in Tallahassee, Fla., said there were no confirmed reports of any tornadoes in the state of Georgia.

But they said there were two weather events they suspect were tornadoes, one in Worth County and the other in Turner County, both Saturday night.

A third weather event in Early County Saturday evening was reported as a tornado but has not been confirmed. Trees were reported down in all three incidents. There was minor property damage as well.

Meteorologist Kelly Godsey said there were no reports of any injuries.

Worth and Turner counties are in south Georgia. Early County is in southwest Georgia.

Although the Atlanta area has been drenched with rain, the National Weather Service says it may not be enough to put a dent in the state's drought or avoid a record-low year for rainfall.
Meterologist Robert Beasley of the National Weather Service says four-tenths of an inch of rain has fallen in the Atlanta area.

The low amount of rain this year - about 27.66 inches of rain as of Saturday - puts the area on pace to break a record low of 29.14 inches of rainfall set in 1931, according to the National Weather Service.

Beasley says the area likely will get up to 2-1/2 inches of rain before the end of the year.

(The Associated Press)

Click here for more GPB weather coverage.

South GA power station backer weighing pullout

One of the backers of a controversial plan to build a coal-fired power plant in southwest Georgia says a tight credit market is forcing his company to reassess their investment.

The Houston-based Dynegy Corporation says an uncertain economy is behind their decision to reconsider their backing of LS Power. It wants to build a 1,200 megawatt power station along the Chattahoochee River in Blakely.

Dynegy spokesman David Byford:

“Last week we announced a reevaluation of our participation in future activities or projects that are outside of Dynegy’s operational footprint.”

That footprint includes six energy projects, including the Longleaf plant that Dynegy is reconsidering, nationwide.

Blakeley Mayor Ric Hall says if Dynegy drop’s their support, it would hit the rural town hard:

“…well, if they pull out, certainly it would have a devastating impact on job potential… it’s been quite a number of years now in which we have held out hope that possibly they would be able to build a plant here because of the impact that it could have economically on our community.”

Local officials say the plant would create about a thousand construction jobs, more than 100 full-time positions, and add millions of tax-revenue dollars to Early County. The county is one of the poorest in the state and is banking on the jobs.

The power plant has been talked about for the past seven years.

But plans came to a crawl earlier this year, when an Atlanta judge accepted an appeal by environmentalists against the facility. They claim high carbon dioxide, sulfur and particulate pollution levels aren’t worth the economic benefits.

Billy Fleming is the publisher of the Blakeley-based Early County News. Fleming’s a staunch supporter of the power plant, and says he wasn’t surprised by Dynegy’s reevaluation:

“With what’s going on the financial world today, we got a landscape out there today nobody ever dreamed they’d see, and everybody’s having to back up and rethink and reevaluate their positions on a lot of things. And I have no doubt that the difficulty of permitting and constructing a coal-fired plant with all the global-warming alarmists’ stuff going on is in the back of their heads as well.”

Mayor Hall agrees, and says that the environmental lawsuit hurt the plant:

“..and then of course the tremendous expense that has been associated with the legal battle that they’ve had to go through – particularly in the last three years.”

LS Power says they’re going ahead with the project, despite Dynegy’s pending decision. Officials with the New-Jersey-based firm say they’ve filed another appeal against the court ruling – one that they hope to see adjucated by the summer of 2009.

Click here for more GPB News coverage of this story.

Fulton wraps absentee counting

State elections officials are a step closer to officially determining whether Georgia’s U.S. Senate race will have to go to a runoff. That closer step came just before midnight, when election workers in Fulton County wrapped-up the counting of nearly 31,000 absentee ballots. Certification should come by tomorrow.

Fulton county has been in spotlight for taking overtime to count votes, which has drawn the anger of Secretary of State Karen Handel, who’s called for an investigation. On Wednesday morning, Fulton County poll workers were allowed to leave early for a rest. Handel threatened to report the county to the state elections board for violation of Georgia election laws. But Fulton County Voter Education Coordinator Mark Henderson says the county took steps to make sure no laws were broken:

"Our director called our board chair, who then called the county attorney to interpret the election code to see if it would be a violation. Our county attorney didn't see a violation based on the state of Georgia's elections code".

The Atlanta Journal-Constitution reports this morning that the Office of Inspector General will conduct a complete investigation of Fulton County.

Dust-up over coal-fired power plant

Environmental groups opened a legal challenge in Atlanta today to halt the construction of a new coal-fired power plant in southwest Georgia.

A coalition of activists are challenging a Georgia Environmental Division permit for the 1,200-megawatt facility in Early County, on the banks of the Chattahoochee River. The appeal, submitted by the Sierra Club and residents of Early County opposing the plant, temporarily stays the permit.

The groups claim the permit violates the Georgia Air Quality act and the federal Clean Air act.

“If this coal plant is built, we will have to breathe in even more pollution that is swept in by the winds from south Georgia.” said Justine Thompson of the Center for Law in the Public Interest.

“We have enough pollution in Georgia, and truth be told – we have enough power,” Thompson told reporters at the capitol.

“Dynegy will sell its power to other states, so Georgia will not get most of the power, Georgia will not get the profits – but Georgia will get the pollution,” she said.

Dynegy Inc., a Houston-based energy company, is planning and building the plant together with New Jersey-based LS Power.

The appeal outlines 17 legal reasons which the permit should be denied. It now goes to an administrative law judge.

(Susanna Capelouto)

Proposed coal plant irks environmentalists

Environmentalists rallied in downtown Atlanta on Wednesday, to protest construction of a new coal fired power plant in southwest Georgia.

New Jersey based LS Power Group has received a permit to construct the state’s newest coal fired power plant Southwest Georgia's Early County.

Activists say coal fired plants release particulate matter into the
environment, which may lead to higher rates of heart and lung disease.

Jeanette Gayer with Environment Georgia, says pollution fallout levels should be enough to convince lawmakers that Georgia doesn’t need another coal fired power plant.

“This is a gigantic dinosaur of a plant. It will produce 9-million tons of global warming pollutants every single year. Which is the equivalent of putting another 1.3 million cars and trucks on the roads. This is a 13% increase in the amount of global warming pollution output in the state of Georgia.*

Construction has not yet begun on the about 1,200 megawatts Early County plant.

However, activists say the facility is slated to come on line later this year and will provide electrical power primarily to northern
Florida.

White County Surplus

By Mike Savage
WPPR Demorest

A Northeast Georgia county is joining other municipalities in the state by going online to sell surplus government property.

For the past few days, White county officials have been testing online auction service, Gov-Deals. The company offers auction services primarily for State and local governments that want to use the internet to sell surplus vehicles and property.

White County is auctioning about 20 county vehicles on the site. County Manager Alton Brown says he is hopeful the internet auction site will be more productive than traditional on-site auctions. Brown says the electronic auction could produce “more money, more efficiently, quicker. And as soon as something is declared surplus you can put it online and not have to wait until you get enough equipment to have an auction." He says, "you don’t just auction one vehicle. This gives up the opportunity to auction everything immediately.”

The County says it will evaluate the internet test after the vehicle auctions end early next week. If successful, White County will join a growing number of local governments and state agencies that use online auctions to sell surplus items.

Early voting for runoff races begins

Muscogee County voters during early elections at the Columbus Public Library. (Dave Bender/file)

Voters in most Georgia counties began casting ballots in several runoff races today. Dave Bender reports.

At the top of the list is the hotly-contested U.S. Senate runoff race between Republican incumbent Saxby Chambliss and Democratic challenger Jim Martin.

Former presidential candidate John McCain and other senior Republican leaders have come out for Chambliss.

Former Arkansas Governor Mike Huckabee addressed voters in Duluth on Sunday.

Former President Bill Clinton is set to arrive for a Martin rally on Wednesday.

Also in the offing are races for the Georgia State Appeals Court and the Public Service Commission's District 4.

Early voting in Fulton County begins Tuesday.

Fulton County voters go to the polls in the previous round of early voting. (Dave Bender/file)

The runoff is set for December second.

Both Chambliss and Martin are looking for new ways to coax weary Georgia voters back to the polls next month in one of the nation's most hotly contested Senate races.

Click here for more GPB election coverage.

Long lines greet early voters

Early voters in some Georgia counties have been waiting up to four hours to cast their ballots. Voters in Gwinnett County waited 3.5 to 4 hours to vote on Friday while standing in rain. Gwinnett County spokesman Joe Sorenson said, "There's more people out there today than there has been so far during early voting, and it's pouring." The line in Cobb County was a little under three hours on Friday with about 200 people waiting under an overhang trying to avoid the rain. Many counties plan to open more early voting locations on Monday.

(Associated Press)

Strong turnout for early voting in Cobb Co.

Looking over the sample ballots at the West Park Government Center, Monday, Oct,13, 2008. (Dave Bender)

Today, early voters in Cobb County waited patiently on line to cast their ballot in over 60 national, state and local races.

Voters waited upwards of an hour and a half to cast their ballots – a process that took about ten minutes.

Shannon Dunn is the director of elections and registration for Cobb County:

"As of Friday evening, we had voted 17,000 plus, in person here.”

Election officials at the West Park Government Center kept order as the line of voters snaked towards the entrance.

Numerous signs forbid electioneering within 150 feet of the building.

No campaigning with 150 feet of the West Park Government Center polling station, Monday, Oct 13, 2008. (Dave Bender)

One voter who appreciated that strictly-enforced rule is Florence Cadran, Massachusetts -born, but now a resident of Cobb County:

“I don’t remember them having the early voting in Massachusetts – but when I’d go there’d be 30-40 people from every different politician that was there with their signs – in your face – so it was almost like walking through a corridor to get to the voting place, so this is much nicer.”

Voters waited patiently in line to cast their ballots, Monday, Oct. 13, 2008, (Dave Bender)

Dunn she’s not spooked by the prospect of early voting concluding on October 31st -- Halloween eve.

Click here for more GPB News election coverage.

Early Co. power-plant opponents make their case

Blakely City Hall in town square,
county seat of Early Co.
(Photo: Dave Bender)

Environmental groups opposing construction of a power plant in southwest Georgia had their day in an Atlanta court today.

The coalition, which filed an appeal in June, includes a group of Early County residents opposed to a new coal-fired power plant there.

Justine Thompson, executive director of Greenlaw, says the plant will make grandchildren of local residents with property nearby suffer:

"Their grandchildren, that go to this property regularly, have respiratory illnesses, so they're very afraid of how the plant is going to impact the health of these children, and whether or not they're going to have to keep them indoors."

Supporters say the two-billion dollar plant is safe, and will bring tax revenue and hundreds of jobs to the area.

The Georgia Office of State Administrative Hearings in Atlanta will hear more arguments against the facility tomorrow.

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Business groups fighting coal plant ruling

Georgia business groups are appealing a judge's decision to halt the construction of a power plant, warning that the ruling could stall other energy plants and hamper economic development throughout the state.

The Georgia Chamber of Commerce warned Wednesday that the decision could have far-reaching implications, driving up energy costs and preventing the construction of natural gas, oil and biofuel plants across the state.

Fulton County Superior Court Judge Thelma Wyatt Cummings Moore's ruling relied on the Supreme Court's decision last year that carbon dioxide could be regulated as a pollutant, and environmental activists said it set a precedent.

In the ruling, Moore contended that federal air pollution laws required permits for all pollutants that could be regulated under the federal Clean Air Act - including carbon dioxide. The gas, which is blamed for global warming, is not currently regulated.

The decision halted the construction of the $2 billion Longleaf Energy Plant, which would become Georgia's first new coal-fired plant in more than 20 years.

Environmental groups praised the decision, saying it will help them stave off 30 other coal plants now in active litigation. At the very least, they said, it's a sign that energy companies will face more challenging legal hurdles over coal-fired power projects.

The plant is expected to create more than 100 full-time jobs and give millions of dollars in tax revenues to Early County, where almost a quarter of the 12,000 residents live in poverty. It would power more than a half-million homes through utilities in Georgia, Alabama and Florida.

Each year it would emit as much as 9 million tons of carbon dioxide, worrying critics who say it could cause health problems in a county that already suffers above-average air pollution.

But the chamber contends the ruling went too far, sidestepping the efforts of federal lawmakers and regulators debating whether to regulate the gas.

The chamber claims that the ruling could delay the construction of any "sizable" new building that relies on natural gas for heat - from office buildings to malls.

"It would be devastating," said George Israel, the chamber's chief executive. "It would cause delays in almost everything, from hospital expansions to school auditoriums."

Israel told the Albany Herald newspaper:

“We’re shocked at the decision.”

“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.”

Israel, local Albany officials and a lawyer for LS Power met with the newspaper on Tuesday to lay out their opposition to the ruling.

The court will decide by Aug. 29 whether to hear the appeal. The Sierra Club, which filed the lawsuit, said the ruling does not affect alternative energy projects.

"Georgia needs to be on the front of the clean energy economy," said Patty Durand, the group's president. "It's too bad the Georgia chamber chooses not to be a leader of a change that's inevitable."

Click here for more GPB News coverage of the battle over the Longleaf Power Station.

(With The Associated Press)

Builders still banking on SW Georgia power plant

LS Power, the company seeking to build a coal-fired power plant in southwest Georgia, says it will appeal a recent court ruling that halted construction.

Mike Vogt, project director with LS Power told the Dothan Eagle newspaper,

“We’re 100 percent committed to staying the course to begin construction.”

In a landmark ruling on June 30, the Fulton County Superior Court reversed an earlier administrative court decision on an Environmental Protection Division (EPD) permit that had okayed the $1.2 billion project in Early County.

Fulton County Superior Court Judge Thelma Wyatt Cummings Moore reversed a previous decision by Atlanta Administrative Law Judge Judge Stephanie Howells, giving the go-ahead for the project.

LS Power will appeal the decision to the Georgia Court of Appeals in August.

Proponents say the project will provide hundreds of jobs and millions of dollars in tax revenue for the poor rural area.

A group of area residents and environmentalists fighting the project say the plant will emit unchecked amounts of carbon dioxide, harmful amounts of dust, and other pollutants.

The Longleaf Power Plant would be the first such facility to be built in Georgia in the last two decades.

Click here for more GPB News coverage of the issues at stake in the case.

GPB Reporters win AP Awards

Georgia Public Broadcasting Reporter Orlando Montoya of Member station WSVH in Savannah won an Associated Press Award for Best Investigative Reporting. It was a story about controversial sheriff in Camden County that convinced the judges.

GPB Columbus reporter Dave Bender scored a win in the category of Specialized Reporting for his story about the proposed coal plant in Early County.

Josephine Bennett, GPB' s Macon Reporter Received an honorable mention for her story on tornado damage in Crawford County.

Emily Kopp's story about the dangers of Mercury from coal fired power plants won an honorable mention in Investigative Reporting.

You can listen to GPB's winning entries here.

Cobb County to vote on water-saving toilets

Following Governor Perdue's order that public utilities reduce water consumption, one metro-Atlanta county will vote tonight on a new water-saving rebate plan for its customers. Federal law says all new construction must include low-flow, water-saving toilets. Now, officials in Cobb County want to offer customers in older homes, a chance to turn in their outdated water guzzling fixtures for newer models. They're willing to pay up to $100 per unit to persuade residents and businesses to do just that. Kathy Ngyuen is with Cobb County's water system. She says the plan was slated to kick off in 2008, but current drought conditions forced an early implementation:

"The Governor has mandated that all water utilities in the 61 counties in Georgia, achieve a 10 percent reduction over winter use. What that essentially means is a serious reduction in indoor water use and we think this program will be very effective in helping us achieve that."

The county has set aside $100 dollars to pay for the low-flow toilets, which use less than 1-1/2 gallons of water per flush versus the older models which can use up to 5 gallons each time they're flushed. Nearly 90,000 customers of the Cobb County water system are eligible to participate, and can receive up to $100 for each unit installed, to a maximum of three.

Officials: few problems in final days of early voting

Muscogee Co. voters line up outside the main branch of the Columbus public library, Friday, Oct. 31, 2008. (Dave Bender)

Voters throughout Georgia lined up under sunny skies on Friday and Saturday to cast a ballot on the final days of advance voting.


Voters patiently waited an average of 40 minutes to 1.5 hours to cast their ballots in one of the libraries' reading rooms, Friday, Oct. 31, 2008. (Dave Bender).

In Columbus, long, but fast moving lines greeted some 5,000 Muscogee County residents casting early ballots at the Columbus Library, according to election technician Tamika Booker:

“We’ve been having about 1,200 a day here at the library, as well as at one of our other voting sites. Two of our other ones have had a little bit less than that – maybe about 800.”

Jimmy Morris, a security guard at the Troup Co. Government Center assists voters waiting to cast their ballots, Friday, Oct. 31, 2008. (Dave Bender)

Further to the north, at the Troup County courthouse in Lagrange, Chief Registrar Donna Williams reports a similar turnout:

“It’s been a tremendous, great turnout. We’ve voted almost 13,000 people so far, and we’re steady going.”

Officials say that statewide, the longest wait times during the past week have averaged two to three hours.

In Coweta County, polls were open on Saturday from 9 to noon at the county administration building in downtown Newnan. Some 200 residents cast their ballot, according to the Associated Press.

Residents got a federal ok to hold Saturday voting there, in 1986.

State elections officials say over a thousand lawyers will oversee Tuesday’s voting. The attorneys will represent the parties, the state and federal government, special interests and voting rights groups.

Polls for the presidential election open across Georgia at 7 a.m. Tuesday.

Click here for more GPB News elections coverage.

Where is the Fraud Happening?

A survey conducted by GPB of 134 election offices across the state finds no cases of registration or early voting fraud.

The findings come after several high profile allegations were made suggesting some counties were seeing widespread attempts by partisans and community groups, such as ACORN, to conduct elections fraud. There were also reports on rural AM and FM talk radio stations that organized efforts to register dead voters were taking place.

GPB found no evidence this is occurring.

Several election officials in a handful of counties have reported irregularities to the Secretary of State’s office. However, only thirty two ballots are in question, according to the information provided to GPB, and all of the cases have been resolved without charges.

Fulton County and Richmond County officials did provide exact numbers to GPB, but both election offices report no instances of voter registration or elections fraud.

A spokesperson at the Secretary of State’s office also indicated investigators are looking into allegations of registering people in jails. However, GPB could not independently verify the investigation, and the spokesperson would not disclose where the investigation is taking place.

All participants reported the elections process is moving smoothly, and that early voting turnout is high.

24 counties did not participate in the survey. All were rural counties. Seventeen offices could not be reached. One county office declined to participate. Six more listed non-working telephone numbers.

While almost all of the election officials say they have heard of the voting and registration fraud allegations, not one confirmed it had taken place in their counties. This was a self reporting survey however, and is dependant on the honesty of each county official.

For a copy of the survey, email jsepulvado@gpb.org .

2 Ga. counties consider extended voting hours

Voting instructions at the Fulton County Government Center. (Dave Bender)
undefinedVoting instructions at the Fulton County Government Center. (Dave Bender)
[collapse expanded text]
Fulton County elections officials decided against asking for federal permission to extend voting hours on Election Day.

But officials in Clayton County are still considering whether to ask for expanded hours because of the heavy turnout in early and advance voting.

The Fulton County Board of Registration and Elections said Monday that the number of voting machines is enough to handle the crush of voters.

Polls are normally open 7 a.m. to 7 p.m. in Georgia.

More than 2 million people have voted so far - or about 36 percent of the state's 5.6 million registered voters.

Click here for more GPB News election coverage.

(AP)

Judge's ruling limits Early Co. power-plant opponents

Bulletin board in City Hall at Early Co. seat, Blakely, with flyer
expressing support for power-plant builders, LS Power.
(Photo: Dave Bender)

Southwest Georgia groups fighting a power-plant in Early County saw their legal appeal partially stymied in an Atlanta courtroom on Friday.

The judge okayed the plaintiffs' lawsuit against the Longleaf coal-fired power station, but rejected two of their key contentions:

• That the State Environmental Division imposed no limits on carbon dioxide emissions
  
• That EPA's existing regulations on dust emissions aren't strict enough, and would endanger area residents.

Michael Vogt, director of project development at LS Power, says the judge was right to reject those charges:

"We're complying with the current regulations related to carbon dioxide. Whether they're going to have standards that we're going to have to meet in the future; we'll meet them whenever they come into effect, but currently, there are none for a facility such as ours.

"We're complying with all of the rules and regulations that are in place to do exactly what they're concerned about: to protect their health and the environment that's around them."

Hearings on the 17-counts against the project will continue next month. Vogt expects a decision on the issues in mid-November.

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