I'm seeing reports on Facebook from multiple Virginia conservationists that a judge has thrown out state-issued permits for Dominion's massive new coal-burning power plant being built right now in Wise County. If true, the ruling would be a rebuke both to Dominion Virginia Power and to Gov. Tim Kaine, who turned his back on progressive allies to fight for the plant.The Southern Environmental Law Center, Southern Appalachian Mountain Stewards, Appalachian Voices, Chesapeake Climate Action Network and the Sierra Club had asked Richmond Circuit Court Judge Margaret P. Spencer to void the permits at a hearing two weeks ago. The groups had argued the permits do not adequately control emissions of carbon dioxide and mercury. Since the plant was first proposed, the Supreme Court issued its landmark Massachusetts vs. Environmental Protection agency ruling that forced the EPA to regulate carbon dioxide and other greenhouse gases as a pollutant.
Would rejection of the permits be a temporary stumbling block or a major obstacle to finishing the plant? I'm not clear on that point right now, but we'll pass along updates as soon as we hear them.
UPDATE 1:22pm: The Richmond Times-Dispatch reports the judge threw out the mercury permit but upheld the carbon dioxide permit. According to Rex Springsteen, "The ruling, dated Monday but released today, means the board must craft another permit for the plant. The board did set a mercury limit, but the permit allows the limit to be loosened if the plant had trouble meeting the original requirement. ... It is not immediately clear how the decision will affect the plant."
UPDATE 1:42pm: The Wise Energy for Virginia Coalition just released a statement reacting to the ruling. "For the citizens of southwest Virginia this ruling today will provide a longer and healthier life," said Kathy Selvage of Southern Appalachian Mountain Stewards. "The Commonwealth should be moving swiftly toward producing the energy we need through non-polluting means like the BP/Dominion wind farm proposed for Wise County to further strengthen the health of the people and the environment."
UPDATE 4:34 pm: CCAN is out with a press release calling this "a momentous victory for clean energy advocates in Virginia," and adding its hope that "Dominion will see the writing on the wall and begin to curb its carbon emissions."
