UPDATE AUGUST 2010: EPD says that the permit will likely be reissued in early Fall.
UPDATE JUNE 2010: In June 2010, EPD withdrew the permit amendments that were issued in April and agreed to place the permits back out for public comment.
You can see the letter withdrawing the permit amendment, the new permit amendment, the public notice about the hearing and instructions for submitting public comments here.
GreenLaw submitted extensive comments on June 30, 2010, detailing the problems with the permit. Click here to view those comments
UPDATE MAY 2010: On May 10, 2010, Attorneys from GreenLaw filed two petitions challenging EPD's decision to issue a hazardous air pollution permit to Longleaf, and to allow an extension for the construction of the plant.
In the 1200 mega-watt Longleaf permit, EPD classifies Longleaf as a minor source of pollution, while the other proposed coal-fired plant, the 850 mega-watt Plant Washington (in a permit issued the day before), is classified as a major source. Listing Longleaf as a minor source allows the power plant to avoid critical requirements that would ensure that the Plant operated in compliance with the law. EPD also failed to allow the public to comment on this decision. GreenLaw objected on both grounds. EPD also granted Longleaf an extension on when it must begin construction. This extension will allow the Plant to be built with outdated technology. GreenLaw is asking that EPD ensure that the permit is up-to-date.
Petitions can be found here:
LONGLEAF HAZARDOUS AIR POLLUTANTS PETITION
LONGLEAF CONSTRUCTION EXTENSION PETITION
UPDATE APRIL 2010: The Lonlgeaf Permit for MACT and for a construction exentsion Issued. In a startling move, the state agency issued a permit for Longleaf, such that citizen appeals are due the same day as the many permits issued for Plant Washington. Such timing cannot be accidental and is likely directed to quash citizen review of governmental decisions.
See the permit here.
UPDATE FEBRUARY 2010: On February 12, 2010, GreenLaw submitted a final brief in the original challenge of Longleaf's air quality permit. The Court of Appeals issued a ruling in 2009 that found that the administrative law judge had failed to properly consider the evidence before it and that the judge had not conducted an "independent review." Because of this ruling, the case was remanded back to the administrative law judge for further proceedings. Click here to see the brief that was filed by GreenLaw. On April 2, 2010, the judge ruled in favor of the power company. Click here to see the ALJ's final decision.
Although the original permit was upheld, Georgia's Environmental Protection Division has also released a draft amendment to Longleaf's permit. The amendment purports to address mercury and other hazardous air pollutants. GreenLaw submitted detailed comments on the draft amendment to Longleaf's permit which would limit the amount of hazardous air pollutants that could be emitted. Even with these limitations, the plant will emit 158 pounds of mercury making it one of the top ten emitters in the state. Learn more about the case and the irreversible negative impact that the coal-fired power plant in Early county will have on Georgia's air quality.
More information on the Longleaf Plant.
Click here to read more about the Court of Appeals Decision.
Click here to read more about GreenLaw's Petition for Certiorari filed with the Georgia Supreme Court.
Click here to learn more about EPD's proposed amendment on Longleaf's hazardous air pollutants.
Click here to read more about Dynegy decision to cut off financing for the Longleaf Plant.
Georgians for Smart Energy is working to expose the real impact of the coal plant on the citizens of Early County and all of Georgia. View Fact Sheet.
View a report that finds less positive economic impact and greater risk for Longleaf Plant. View Press Release. View Report.
Selected Pleadings:
August 4, 2009: Comments submitted by GreenLaw on Longleaf's Hazardous Air Pollutants - View PDF
July 27, 2009: Petition for Certiorari filed with the Georgia Supreme Court - View PDF
July 7, 2009: Decision by the Georgia Court of Appeals - View PDF
January 6, 2009: GreenLaw's brief in the Court of Appeals addressing CO2, PM2.5 and IGCC - View PDF
December 5, 2008: GreenLaw's brief in the Court of Appeals addressing standard of review, procedural defects and failure to have a licensed professional engineer review the permit - View PDF
Listing of Amicus Briefs filed in Longleaf - View PDF
June 30, 2008: Fulton County Superior Court Decision. - View PDF
Click here for Summary of the Fulton County Superior Court's Decision.
April 9, 2008: Opening Brief for Petition for Judicial Review in Fulton County Superior Court - View PDF
February 11, 2008: GreenLaw’s Superior Court Appeal - View PDF
January 11, 2008: Adminstrative Law Judge's ruling - View PDF
December 18, 2007: Decision on CO2 and PM2.5 - View PDF
November 20, 2007: GreenLaw's Final Brief
in Administrative Proceeding on Dynegy/Longleaf - View PDF
June 13, 2007: Legal challenge to Dynegy/Longleaf coal-fired
power plant in Early County - View PDF
November 16, 2006: Public comments on Dynegy (LS Power/Longleaf)
coal-fired plant in Early County - View PDF
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