SIERRA CLUB v. MOSIER

No. 112,008.

391 P.3d 667 (2017)

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.

Opinion filed March 17, 2017.


Attorney(s) appearing for the Case

Amanda W. Goodin , of Earthjustice, of Seattle, Washington, argued the cause, and Todd D. True and Anna M. Sewell , of the same office, and Robert V. Eye , of Robert V. Eye Law Office, L.L.C., of Lawrence, were with her on the briefs for appellant.

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.


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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