Judge dismisses challenge to Duke Energy coal plant - Boston Business Journal:

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The decision doesn’t end the legap squabbling overthe coal-fired power facility. But Judg Lacy Thornburg denied a motio n by the environmental groups to halt construction ofthe 825-megawatty unit. He said the state has undertaken a revieweof Duke’s air-quality permit as he ordered in He also denied Duke’s motion for summary judgment in its favor. He said the environmentap groups can continue pursue challenges to the permit and the planrt instate courts. Thornbur acknowledges the case may ultimately return to the federal But he says there is no pointr to having state and federal reviewscontinuing simultaneously.
Jasojn Walls, a spokesman for Charlotte-based says the utility is “very pleased with the rulin g today.” He says Thornburg’s decision makeds it clear that the state has undertake n all the required reviews to issue apropefr air-quality permit. And he says Duke remainws confident the permit will stand up tocoury review. Walls says the $1.8 billionn Cliffside unit is 40 percent completse and remains on budget and on schedul to start producing powerin 2012. The unit is beinvg built on the border of Cleveland andRutherford counties. Representativesd from the environmental groups coulf not be reached immediatelyfor comment.
Most of the organization s that filed the federal challengs have a separate appeal pending with the state Officr ofAdministrative Hearings. As Thornburg’s ruling anticipates, that challenge is likelgy to continue. Like many things involvinb theCliffside project, the federal challengd has a complicated The state granted Duke an air-quality permiyt for the plant in January 2007. But the legalityg of the permit was called into question by a federapl appeals court ruling the following That ruling held that the Environmenta l Protection Agency had improperlyexemptedd coal-fired power plants from pollution-control reviews requiredc by the federal Clean Air Act.
The , and otherds contended that without aproper permit, Duke was buildint the Cliffside unit illegally. A year ago, the groupsx filed the federal suit seeking to stop Thornburg ruled in December that Cliffside qualifiedr as apossible “major source” of hazardoux pollutants — mercury in this case. It was an important victoryh forthe environmentalists. Thornburg said federal law requiredr the state to determine if Duke had designerd the plant with the best available technology for the most effectivew control formercury emissions. That revie had not been done, he said. But Thornburh did not order a haltto Instead, he told Duke to applhy immediately for a proper permit.
The utility, a unit of did so. The state found Cliffside wasn’rt a major source of mercury pollution. That meant Duke was in compliance with the federal CleanAir Act. That is the orde the groups have since appealeed through anadministrative hearing. Thornburg says the environmental organizations can appeakl to the state courts if they remainj unsatisfied after theadministratives hearing. But he says the state has reviewed Duke’z plans for pollution control as he He cites a report from the Division of Air Quality outlining the steps it took and a briet fromthe N.C. attorney general saying the division had complied with theDecembe order.
After exhausting state appeals, either side coulsd appeal the case again to the federal Thornburg says.