The West Virginia Highlands Conservancy wants a circuit judge to order state regulators to revoke a key permit for the proposed Western Greenbrier Co-Generation plan.
The Conservancy's lawsuit notes the plant's permit was approved by the DEP in April 2006.
Under state rules, the DEP is required to revoke the permit after 18 months if the company does not submit "written proof of a good-faith effort that such construction ... has commenced."
About 18 months after the DEP approved the Western Greenbrier permit, the company submitted an October 2007 status report that said options to purchase land had been signed, permits obtained and engineering firms chosen.
John Benedict, director of the DEP Division of Air Quality, said earlier this week that no decision had been made on whether the status report was adequate.
"We have not made a formal determination yet," Benedict said.
The lawsuit asks for a court order to force the DEP to revoke the permit or conduct a new permit analysis.
Wayne Brown, a spokesman for Western Greenbrier, said the company has not started construction because it is waiting for final approval from the U.S. Department of Energy.
To contact staff writer Ken Ward Jr., use e-mail or call 348-1702.
The West Virginia Highlands Conservancy wants a circuit judge to order state regulators to revoke a key permit for the proposed Western Greenbrier Co-Generation plan.
Lawyers for the Conservancy filed suit Wednesday to try to force the state Department of Environmental Protection to act.
The suit alleges developers have waited too long after receiving a DEP air pollution permit to begin construction of the $416 million facility.
The Conservancy suit was filed Wednesday in Kanawha Circuit Court by Derek Teaney and Joe Lovett, lawyers with the Appalachian Center for the Economy and the Environment.
Western Greenbrier hopes to build the plant near Rainelle. It would burn coal and coal waste, helping to clean up a nearby gob pile at Anjean, developers say.
But environmentalists are concerned about air emissions and other pollution from the project.
"From the beginning, we have been concerned about toxic emissions from the WGC plant," said Beth Little of the local group Cleanbrier.
"The Greenbrier Valley is already near federal health limits for air pollution, and we are anxious about the health of our citizens, especially our children and elderly, who are more apt to suffer from asthma and other respiratory problems," Little said.
Originally, the Western Greenbrier plant was estimated to cost $215 million, and developers hoped to get half of that money from the Department of Energy's clean coal program. But costs have risen to $416 million, and developers have said they are facing financial problems.
The Conservancy's lawsuit notes the plant's permit was approved by the DEP in April 2006.
Under state rules, the DEP is required to revoke the permit after 18 months if the company does not submit "written proof of a good-faith effort that such construction ... has commenced."
About 18 months after the DEP approved the Western Greenbrier permit, the company submitted an October 2007 status report that said options to purchase land had been signed, permits obtained and engineering firms chosen.
John Benedict, director of the DEP Division of Air Quality, said earlier this week that no decision had been made on whether the status report was adequate.
"We have not made a formal determination yet," Benedict said.
The lawsuit asks for a court order to force the DEP to revoke the permit or conduct a new permit analysis.
Wayne Brown, a spokesman for Western Greenbrier, said the company has not started construction because it is waiting for final approval from the U.S. Department of Energy.
To contact staff writer Ken Ward Jr., use e-mail or call 348-1702.
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