SIERRA CLUB v. MOSER

No. 105,493.

310 P.3d 360 (2013)

SIERRA CLUB, Appellant, v. Robert MOSER, in his Official Capacity as Acting 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.

October 4, 2013.


Attorney(s) appearing for the Case

Amanda W. Goodin , of Earthjustice, of Seattle, Washington, argued the cause, and Todd D. True , of the same office, and Robert V. Eye , of Kauffman & Eye, P.A., of Topeka, were with her on the briefs for appellant.

Steve R. Fabert , assistant attorney general, argued the cause, and Jeffrey A. Chanay , deputy attorney general, was with him on the brief for appellees.

James D. Oliver , of Foulston Siefkin LLP, of Overland Park, argued the cause, and Jonathan A. Rhodes , of the same firm, and Howard Kenison and Patrick G. Compton , of Lindquist & Vennum, of Denver, Colorado, were with him on the briefs for intervenor Tri-State Generation and Transmission Association, Inc.; and William L. Wehrun , of Hunton & Williams LLP, of Washington, D.C., argued the cause, and W.C. Blanton , of Husch Blackwell LLP, of Kansas City, Missouri, Henry V. Nickel , of the same firm, and Mark D. Calcara and Mark A. Rondeau , of Watkins Calcara, Chtd., of Great Bend, were with him on the briefs for intervenor Sunflower Electric Power Corporation.

Gerald L. Cross, Jr. , of Cross Law Firm, LLC, of Blue Springs, Missouri, was on the brief for amicus curiae Great Plains Alliance for Clean Energy.


The opinion of the court was delivered by LUCKERT, J.:

In this appeal, environmental organization Sierra Club seeks judicial review of the decision of the Secretary of the Kansas Department of Health and Environment (KDHE) to issue an air emission source construction permit to Sunflower Electric Power Corporation (Sunflower) for the construction of an 895-megawatt coal-fired power plant, referred to as Holcomb 2, at the site of Sunflower's existing plant in Holcomb...

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