Greens Go to Court to Force Dominion to Comply with Clean Air Act

By: TheGreenMiles
Published On: 7/7/2008 10:30:46 AM

The U.S. Supreme Court has ruled that carbon dioxide is a pollutant under the Clean Air Act. Why should coal-fired power plants be exempt from the law? They're not, a Georgia judge ruled last week, and this morning a coalition led by the Southern Environmental Law Center detailed plans to take Dominion's proposed coal-fired power plant in Wise County to court:
"Dominion cannot lawfully construct this plant without first controlling emissions of the most dangerous heat-trapping gases. It’s as simple as that,” explained SELC senior attorney Cale Jaffe. “And yet Dominion has no plan to capture the 5.4 million tons of global warming pollution the plant would emit every year – equivalent to the annual carbon dioxide output of all of the cars and trucks on the road in the greater Richmond metropolitan area."

Of course, one huge question hangs over everything: Why is this being left to citizen activists to fight out in court?

"Kansans had their leader; now Georgia has one too. More than ever, Virginia now needs one of those visionary leaders she is historically capable of producing to lead us away from the burning of fossil fuels for the sake of our children and our planet," said Kathy Selvage, vice-president of Southern Appalachian Mountain Stewards, based in Wise  County.

We know that leader is not Tim Kaine. He's cast his lot with Dominion. Will any of our other elected officials step up to fill that leadership void?

UPDATE 2:17pm: Full news release can be found here.

Comments



Will the Commonwealth be named in the suit ? (Tom Counts - 7/7/2008 11:37:51 AM)
Since it was a combination of Kaine and the Virginia government regulatory authority who rubber-stamped Dominion's request (demand), does that mean we have to pay for our government's defense in court ?

If the state of Virginia (which I'd have to believe would include the governor and state regulators) is essentially Dominion's "co-defendent", I assume we the taxpayers will foot the bill for ensuing legal defense. But possibly more importantly, if the attorneys for the plaintiffs require sworn testimony relative to whether anything improper had transpired that influenced the final approval decisions we might finally learn the real reason(s) our own government ignored Federal law. I'm not suggesting, of course, that our governor was involved in anything illegal. But he has never fully explained why he has supported Dominion from the beginning. At the very least I think he should be required to state under oath why he failed to realize and/or ignored the fact that what has happened is in clear violation of EPA regulations and Federal law.

I's sure I'm not the only RK reader who has become extremely disappointed with Tim Kaine on this and several other major mistakes by him, not the least of which is his refusal to order termination of the Dulles rail no-bid contract. Kaine has always had the legal authority to require open competition for this contract and, as with the Dominion situation, has steadfastly refused to explain his real reason(s) for his failure to exercise this authority in the best interests of Virginia taxpayers. These are just two of the more troubling and important issues that seem to indicate a pattern and I for one want a very public airing of the facts, preferably in public under oath.

I eagerly await your comments.

                          T.C.



Striking Vacuum of Leadership (Shenandoah Democrat - 7/7/2008 11:39:16 AM)
Virginia'a energy future is a tailor-made issue for a smart change-oriented candidate.
Obama is clearly tied up with the Illinois coal and nuclear driven utilities, and he will have his reckoning when his naivete collides with Barbara Boxer and the environmental position of transformational change to combat global warming. I'm counting on Barbara!
We have no regional or local leader--a congressional candidate??  Unfortunately I think the complexity of energy issues and the implicit challenge of having to educate consumers, 27 years after Carter declared the moral equivalent of war, are obstacles too great for today's survivalist politicians to deal with. In my own opinion we should fess up to sharing sacrifice for our GI's, impose an immediate 55 mph war time speed limit, immediate restrictions on lighting and wasteful electricity consumption, and crash programs in renewables and alternatives. American gasoline gluttony is probably the single most elastic use of petroleum, and a significant reduction in demand would be our best hedge against price instability.
Coal utilities are like buggy whip makers in the age of the automobile, and they're probably scared shitless of losing their egregious profits. They certainly have earned a prominent place in the "Hall of Shame" for how they've bought off politicians from county courthouse to State House to the White House. As the world warms, coal utilities should have blood on their hands.


Press conference? (legacyofmarshall - 7/7/2008 12:23:30 PM)
I hear all these groups had a press conference in Richmond today.

Miles - any idea where to find footage or transcript of the event?



News conference (TheGreenMiles - 7/7/2008 2:29:37 PM)
Updated the post with a link to the news release. Coverage of the event can be found at the Richmond Times-Dispatch website. In addition, I hear someone who was at the news conference may post an update to RK later today.

Great quote from the RTD article:

"Any attempt to delay the (Wise plant) is an effort to delay reliable energy and cleaner air for Virginia," Dominion said in a statement today.
Apparently in Dominion's world, "reliable energy" forces you to raise rates 18% to keep up with skyrocketing costs and "cleaner air" is laden with mercury, asthma inducers and global warming pollution.


Ooh, Doublespeak! (legacyofmarshall - 7/7/2008 2:35:46 PM)
My favorite!


Translation: opposing the Dark Lord (Lowell - 7/7/2008 2:38:02 PM)
is futile. The rebellion will be crushed!