Sierra Club v. Mosier

In 2010, The Kansas Department of Health and Environment (KDHE) issued a prevention of significant deterioration (PSD) construction permit to Sunflower Electric Power Corporation that authorized Sunflower to build a coal-fired electric generating unit at a site where Sunflower already operates a coal-fired station. In Sierra Club I, the Supreme Court held that KDHE had failed to comply with the federal Clean Air Act and remanded the permit to KDHE. On remand, KDHE issued an addendum to the 2010 permit. Sierra Club sought judicial review of that action, arguing, inter alia, that KDHE was required to conduct an entirely new permitting process rather than simply crafting an addendum to the 2010 permit. The Supreme Court affirmed, holding (1) KDHE did not err in adding an addendum to the 2010 permit; and (2) Sierra Club failed to establish any other basis for invalidating Sunflower’s PSD permit. View "Sierra Club v. Mosier" on Justia Law