Kansas Supreme Court rules coal-powered plant in Holcomb can get permit

The Kansas Supreme Court today issued a decision that will allow a permit to Sunflower Electric Power Corp. to construct the coal-powered Holcomb 2 electric generating unit in Finney County.

Kansas Attorney General Derek Schmidt said this decision should clear the final state law impediment to constructing the Holcomb power plant.

An attorney for the Kansas Sierra Club, which challenged the coal-powered plant’s permit, stated today that there would be other hurdles for the plant.

“Sunflower got off the hook for its massive emissions today, but we will continue to fight at every turn to hold them accountable for their pollution. That day will come sooner than they think,” stated Amanda Goodin, attorney at Earthjustice, which represented the Sierra Club, in a news release.

According to Elizabeth Katt Reinders, senior campaign representative for Sierra Club’s Beyond Coal Campaign, the proposed plant no longer has a buyer lined up for its power output, and the project may still require federal financial approval. The energy market in Kansas and the area has changed in favor of low-cost clean energy, putting the plant proposal on shaky ground, she stated in a news release.

“As the rest of the nation is embracing a profound shift in our energy landscape from coal to clean energy, Sunflower is trying to take a huge step backwards,” Reinders stated. “Since the proposed Holcomb coal plant currently lacks a buyer for its power, ratepayers would be saddled with a huge expense for no benefit.”

However, Schmidt’s statement did not mention any other hurdles.

“I am hopeful the change in administration in Washington, D.C., also will make possible federal approval for the project,” Schmidt stated. “At the attorney general’s office, we have been proud to stand with economic investment and growth for southwest Kansas throughout the years of legal disputes, and we are pleased with the outcome. We extend our gratitude to all who have demonstrated enormous patience and determination to make this project a reality.”

Today’s Kansas Supreme Court decision is online at http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2017/20170317/112008.pdf.