Appeals court upholds work halt at SWEPCO plant | Arkansas Blog

Thursday, July 14, 2011

Appeals court upholds work halt at SWEPCO plant

Posted By on Thu, Jul 14, 2011 at 11:50 AM

TURK PLANT: Some work stopped
  • kuar.org
  • TURK PLANT: Some work stopped

The 8th U.S. Circuit Court of Appeals in St. Louis today gave opponents of the SWEPCO coal-fired power Turk plant in Hempstead County. It's a big victory for environmentalists and, though it pertains to only a portion of the work, is a roadblock to completion of the plant.

The court upheld Judge Bill Wilson's ruling that stopped some fill work in wetlands near the plant. This temporarily halted work on a Little Red River water intake and dredging work. Court and regulatory action continues on many fronts.

Here's the 8th Circuit ruling. The Sierra Club and a hunting club near the plant have been pressing a halt to the plant for its environmental impact. SWEPCO came to Arkansas with the plant after Texas refused to permit it. The Sierra Club today callled the decision a win for public health and water resources. It's a big deal and the Sierra Club says SWEPCO shouldn't have continued construction with the potential for this ruling hanging.


Start reading the court's decision about page 15 for some strong words about the veracity of SWEPCO's case. SWEPCO represented the plant would help Arkansas ratepayers and had received necessary regulatory approval. "Wrong," said the court. The court also found ample evidence to be "dubious" about Corps of Engineers representations about environmental impact. Say it isn't so! The Corps misrepresent environmental impact? That's NEVER happened in Arkansas — except nearly every time the Corps puts its mitts on a project.

More good quotes, courtesy of the winners:

P. 28 “The environmental dangers at stake in this case are serious”

P. 18 “After the Arkansas Court of Appeals invalidated its state Certificate, SWEPCO continued with plant construction, despite Chief Operating Officer McCellon-Allen’s previous statement that it would not proceed without one.”

p. 26 “SWEPCO commenced plant construction a year before the 404 permit was issued, repeatedly ignoring administrative and legal challenges and a warning by the Corps that construction would proceed at its own risk.”

p. 27 “When agencies ‘jump the gun’ or ‘anticipate a pro forma result’ in permitting applications, they become ‘largely responsible for their own harm.”

Tags: , , , ,


Sign up for the Daily Update email
Favorite

Comments (21)

Showing 1-21 of 21

Add a comment

 
Subscribe to this thread:
Showing 1-21 of 21

Add a comment

More by Max Brantley

  • Where's the outrage?

    Am I the only person, apart from federal prosecutors, outraged about the criminal enterprise that inveigled itself into a privileged position as an Arkansas taxpayer-financed human services provider to the tune, today, of $43 million a year?
    • Jun 21, 2018
  • Where's the outrage?

    • Jun 21, 2018
  • Rutledge opponent hits her socializing with corporate interests

    Mike Lee, the Democratic candidate for attorney general, has criticized Attorney General Leslie Rutledge over recent reports of her participation at private meetings where corporate interests make big contributions to a political group she heads for access to state legal officers.
    • Jun 21, 2018
  • More »

Readers also liked…

  • Women's March planned in Arkansas to mark Trump inauguration

    Speaking of Donald Trump and in answer to a reader's question: There will be a women's march in Arkansas on Jan. 21, the day after inauguration, as well as the national march planned in Washington.
    • Dec 30, 2016
  • Trump immigration protest at LR: Quick and fierce

    It was not even 24 hours ago that Sophia Said, director of the Interfaith Center; City Director Kathy Webb and others decided to organize a protest today of Donald Trump's executive order that has left people from Muslim countries languishing in airports or unable to come to the US at all — people with visas, green cards,a  post-doc graduate student en route to Harvard, Google employees abroad, families. I got the message today before noon; others didn't find out until it was going on. But however folks found out, they turned out in huge numbers, more than thousand men, women and children, on the grounds of the state Capitol to listen to speakers from all faiths and many countries.
    • Jan 29, 2017
  • Your daily dose of Jason Rapert

    Sen. Jason Rapert really, really didn't like it when a KATV reporter asked him about the hypocrisy of his political arguments.
    • Feb 4, 2017

Most Recent Comments

Slideshows

 

© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation