SIERRA CLUB, Appellant,
v.
Susan MOSIER, M.D., in her Official Capacity as Secretary of the Kansas Department of Health and Environment, and the Kansas Department of Health and Environment, an Agency of the State of Kansas, Appellees, and
Tri-State Generation and Transmission Association, Inc., and Sunflower Electric Power Corporation, Intervenors.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Steve R. Fabert , assistant attorney general, argued the cause, and Jeffrey A. Chanay , chief deputy attorney general, was with him on the brief for appellee.
William L. Wehrum , of Hunton & Williams, LLP, of Washington, D.C., argued the cause, and James D. Oliver , of Foulston Siefkin LLP, of Overland Park, and Howard Kenison , of Lindquist & Vennum, of Denver, Colorado, were on the brief for intervenor Tri-State Generation and Transmission Association, Inc., and William L. Wehrum and Henry V. Nickel , of Hunton & Williams, LLP, of Washington, D.C., and Derek T. Teeter , of Husch Blackwell LLP, of Kansas City, Missouri, and Mark D. Calcara and Mark A. Rondeau , of Watkins Calcara, Chtd., of Great Bend, were on the brief for intervenor Sunflower Electric Power Corporation.
The opinion of the court was delivered by Luckert, J.:
In Sierra Club v. Moser, 298 Kan. 22, 310 P.3d 360 (2013) (Sierra Club I), this court reviewed the Kansas Department of Health and Environment's (KDHE's) decision to issue a prevention of significant deterioration (PSD) construction permit to Sunflower...
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