January, 14 2011, 03:29pm EDT
For Immediate Release
Contact:
Stephanie Cole, Sierra Club, 402.984.1122
Amanda Goodin, Earthjustice attorney, 206.343.7340 ext 20
Bob Eye, Sierra Club attorney, 785.234.4040 work
Sunflower Coal-Fired Power Plant Expansion Faces Legal Challenge
Lawsuit cites failure to meet Clean Air Act standards, improper permitting process
TOPEKA, KS
Today,
Earthjustice, representing the Sierra Club of Kansas, filed an appeal
to a permit the Kansas Department of Health and Environment issued to
Sunflower Electric in December 2010. The permit is for the
controversial 895 megawatt coal-fired power plant near Holcomb.
Read the petition filed today, here:
"As the mother of two sons with
asthma, I am aware of the correlation between respiratory health and
air quality. Nitrogen oxides, sulfur dioxide, particulates and other
hazardous pollutants threaten the health of those
with respiratory illness, children and the elderly in particular," said
concerned Kansan, Jennifer Byer. "When the debate centers on the quality
of the air our children breathe, how clean is clean enough?"
asthma, I am aware of the correlation between respiratory health and
air quality. Nitrogen oxides, sulfur dioxide, particulates and other
hazardous pollutants threaten the health of those
with respiratory illness, children and the elderly in particular," said
concerned Kansan, Jennifer Byer. "When the debate centers on the quality
of the air our children breathe, how clean is clean enough?"
The proposed coal plant was the
most intensely contested coal plant in Kansas history, as well as one
of the most debated permits KDHE has ever considered. The permit was
rushed through and undermined by outside influences,
which was well-documented by Kansas media.
most intensely contested coal plant in Kansas history, as well as one
of the most debated permits KDHE has ever considered. The permit was
rushed through and undermined by outside influences,
which was well-documented by Kansas media.
"Kansans who expected to
receive a fair and objective review of this permit will take the issue
to court," said Stephanie Cole of the Kansas Sierra Club.
receive a fair and objective review of this permit will take the issue
to court," said Stephanie Cole of the Kansas Sierra Club.
The appeal challenges
deficiencies in the permit that could expose Kansans to unnecessary
levels of harmful air pollutants including mercury, acid gases, sulfur
dioxide, nitrogen oxides, carbon dioxide, volatile organic
compounds, carbon monoxide, and particulate matter. For instance, the
permit fails to set appropriate limits on Hazardous Air Pollutants, such
as mercury, which are the most harmful to human health - even in small
amounts.
deficiencies in the permit that could expose Kansans to unnecessary
levels of harmful air pollutants including mercury, acid gases, sulfur
dioxide, nitrogen oxides, carbon dioxide, volatile organic
compounds, carbon monoxide, and particulate matter. For instance, the
permit fails to set appropriate limits on Hazardous Air Pollutants, such
as mercury, which are the most harmful to human health - even in small
amounts.
"KDHE let Sunflower take
shortcuts and ignore available pollution control technology; as a
result, this is one of the dirtiest plants that has been permitted in
recent years. Public health and pollution controls cannot
be brushed aside under federal law, the Clean Air Act is quite clear on
this," said Amanda Goodin, an attorney with Earthjustice.
shortcuts and ignore available pollution control technology; as a
result, this is one of the dirtiest plants that has been permitted in
recent years. Public health and pollution controls cannot
be brushed aside under federal law, the Clean Air Act is quite clear on
this," said Amanda Goodin, an attorney with Earthjustice.
"When it comes to millions of
tons of pollution for a coal plant that is not needed for Kansas, there
is no place for mistakes or misconduct," said Cole. "The weak emissions
standards in the permit mean that Kansans
will be exposed to unnecessarily high levels of pollutants that we know
cause serious health problems."
tons of pollution for a coal plant that is not needed for Kansas, there
is no place for mistakes or misconduct," said Cole. "The weak emissions
standards in the permit mean that Kansans
will be exposed to unnecessarily high levels of pollutants that we know
cause serious health problems."
Coal Plant is for Colorado, Other States Planning to Shut Down Coal Plants
The majority of the power from
the Holcomb II expansion would serve Colorado, a state that committed
last month to retiring 902 megawatts of existing coal capacity. It is
highly unlikely a new coal plant would ever
get built in Colorado, and by agreeing to do Colorado's dirty work,
Kansas will be using billions of gallons of our water annually to
operate the coal plant - despite having fought Colorado for water for
over two decades.
the Holcomb II expansion would serve Colorado, a state that committed
last month to retiring 902 megawatts of existing coal capacity. It is
highly unlikely a new coal plant would ever
get built in Colorado, and by agreeing to do Colorado's dirty work,
Kansas will be using billions of gallons of our water annually to
operate the coal plant - despite having fought Colorado for water for
over two decades.
While Kansas rushed to permit a
new coal plant for Colorado before the year's end, the rest of the
country spent 2010 planning to retire existing coal plants.
new coal plant for Colorado before the year's end, the rest of the
country spent 2010 planning to retire existing coal plants.
- For the second straight year, not a single new coal plant broke ground for construction in 2010.
- A
total of 48 existing coal plants were announced for retirement in 2010,
which is likely the most coal plant retirements announced in a single
year. They will be replaced with cleaner burning fuels, renewable
energy, and energy efficiency. - Colorado, where most of the
electricity from the Holcomb II coal plant will go, established a plan
to shut down 902 megawatts of existing coal capacity. - Announced
coal plant retirements in 2010 in Colorado, Arizona, Utah and Oregon
will result in the retirement of nearly 10% of the entire Western coal
fleet. - The Energy Information Agency now projects that no new coal plants will be built in 2011 without significant incentives.
- The
University of North Carolina, University of Illinois, Western Kentucky
University, Cornell and University of Louisville all made coal-free
commitments.
Kansans Agree: Coal Plant Not Needed, Lawsuit is Necessary to Protect Public Health
"Jobs for a few years,
pollution forever. As someone who lives near the site of the new coal
plant, I am not willing to sacrifice my family's health and welfare so a
Colorado company can build a coal plant in Kansas
they are not willing to build in their own backyard," said Barb
Percival, who lives only a few miles from the Holcomb coal plant site.
pollution forever. As someone who lives near the site of the new coal
plant, I am not willing to sacrifice my family's health and welfare so a
Colorado company can build a coal plant in Kansas
they are not willing to build in their own backyard," said Barb
Percival, who lives only a few miles from the Holcomb coal plant site.
"Sunflower is so far in debt, I
question who is going to pay for this project. If Tri-State wants the
electricity, let them build the coal plant in Colorado," said Lee
Messenger of Garden City.
question who is going to pay for this project. If Tri-State wants the
electricity, let them build the coal plant in Colorado," said Lee
Messenger of Garden City.
"Claims by project supporters
that this will be the 'cleanest coal plant in the nation' are simply not
true. According to 2010 EPA data, there are many other coal plants in
the country that have lower sulfur dioxide
and nitrogen oxide emissions than the proposed Holcomb plant.
Similarly, particulate matter and mercury emissions from this plant will
exceed what many other coal plants are emitting. Under the KDHE
permit, the Holcomb unit will not be using state of the
art processes that are already in place at dozens of existing coal
plants," said Scott Allegrucci of GPACE.
that this will be the 'cleanest coal plant in the nation' are simply not
true. According to 2010 EPA data, there are many other coal plants in
the country that have lower sulfur dioxide
and nitrogen oxide emissions than the proposed Holcomb plant.
Similarly, particulate matter and mercury emissions from this plant will
exceed what many other coal plants are emitting. Under the KDHE
permit, the Holcomb unit will not be using state of the
art processes that are already in place at dozens of existing coal
plants," said Scott Allegrucci of GPACE.
"I worked hard to participate
in the process, and I expected KDHE would consider my input. I was
disappointed with the outcome. While organizing citizens to attend
hearings, I saw first-hand strong opposition to this
coal plant," said Stephen Collins, a University of Missouri- Kansas City
student.
in the process, and I expected KDHE would consider my input. I was
disappointed with the outcome. While organizing citizens to attend
hearings, I saw first-hand strong opposition to this
coal plant," said Stephen Collins, a University of Missouri- Kansas City
student.
Chuck Gillam, chairman of the
Advocacy Committee of the theological based Sustainable Sanctuary
Coalition, said "The state has sold out the health of Kansans, and those
who were interested in protecting public health,
like Secretary Bremby, have been quietly eliminated."
Advocacy Committee of the theological based Sustainable Sanctuary
Coalition, said "The state has sold out the health of Kansans, and those
who were interested in protecting public health,
like Secretary Bremby, have been quietly eliminated."
"Former Secretary Bremby's
decision to reject this permit set Kansas apart as a national leader in
addressing climate change, said Margaret Tran, a recent Kansas
University graduate. "I cannot see how my generation and
generations to follow will be encouraged to stay and work in Kansas with
a coal plant that does not create long-term jobs but instead, creates
unhealthy pollution."
decision to reject this permit set Kansas apart as a national leader in
addressing climate change, said Margaret Tran, a recent Kansas
University graduate. "I cannot see how my generation and
generations to follow will be encouraged to stay and work in Kansas with
a coal plant that does not create long-term jobs but instead, creates
unhealthy pollution."
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
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PEN America Cancels Awards Ceremony Amid Boycott Over 'Disgraceful' Gaza Response
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The prominent free expression group PEN America announced Monday that it has canceled its 2024 literary awards ceremony amid growing backlash over the organization's response to Israel's assault on Gaza and alleged attempts to suppress dissent among its employees.
The decision came after nearly half of the authors nominated for PEN America awards withdrew their names from consideration, accusing PEN America of not sufficiently speaking out against Israel's war on Gaza and the dire consequences for free expression.
The awards ceremony was scheduled to take place on April 29 in Manhattan.
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Outrage over PEN America's approach to Israel's war on the Gaza Strip has been intensifying for months.
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After initially refusing to do so, PEN America late last month joined its global parent PEN International in calling for an immediate cease-fire in Gaza. But the organization's critics—including current and former employees—argue it has failed to clearly and forcefully condemn Israel's assault, which has killed more than 34,000 people in Gaza and fueled a catastrophic humanitarian emergency.
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I look forward to offering amendments tomorrow to cut billions in offensive military funding to Israel from the proposed national security supplemental package and protect essential humanitarian operations. We cannot continue to fund this horrific war. pic.twitter.com/8JpxpT7IX2
— Bernie Sanders (@SenSanders) April 23, 2024
A Senate vote on final passage of the White House-backed aid package—which also includes aid for Ukraine and Taiwan—is expected before Wednesday night. As Punchbowl reported, "each senator will be limited to just one hour of remarks" following procedural votes on Tuesday, so "it's likely that those who oppose the measure won't be able to drag this out much later than tonight."
The Senate vote on whether to hand Israel billions more in unconditional military aid will come as the country's military appears poised to escalate its devastating assault on the Gaza Strip, which has killed more than 34,000 people so far.
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A U.S. State Department report released Monday acknowledges that Israel has been credibly accused of grave human rights abuses in Gaza and the West Bank, including extrajudicial killings and torture. U.S. law prohibits American military assistance for governments violating human rights, but the Biden administration has resisted global calls to cut off arms sales to Israel.
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Over 34,000 Palestinians in Gaza have been killed by U.S.-backed Israeli troops, and Columbia University students have been suspended and arrested by New York Police Department officers in recent days for protesting the slaughter—which led to a walkout by the Ivy League institution's faculty on Monday.
The Guardian reported that "hundreds of members of the teaching cohort at Columbia walked out in solidarity with the students who were arrested" while "students put protest tents back up in the middle of campus on Monday after they were torn down last week when more than 100 arrests were made."
Yonah Lieberman, co-founder of IfNotNow, a Jewish-led U.S. group that organizes against Israel's apartheid, declared: "Solidarity with these faculty members. Shame on establishment politicians and agitators who are smearing the anti-war protest at Columbia as anything other than what it is: a courageous stand for freedom and peace."
Naureen Akhter, a founding member of the New York-based group Muslims for Progress, said: "Thank you to the professors who stood in solidarity with student protestors, who didn't give into instigators who are fanning flames of hate and division. Remember the calls are for transparency, divestment, and amnesty for students!"
Congresswoman Ilhan Omar (D-Minn.)—a critic of Israel's war on Gaza whose own daughter, Isra Hirsi, was suspended from Columbia's Barnard College last week for "standing in solidarity with Palestinians facing a genocide," as the 21-year-old junior put it—also noted the faculty walkout and "nationwide Gaza solidarity movement."
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Summary of events from the last day not related to Columbia:\n\n- Israel has not provided evidence that UNRWA staff are part of Hamas\n- A mass grave, including women/children was discovered\n- Doctors did an emergency c-section, saving a baby after an airstrikes killed her mother— (@)
The walkout in New York City followed 54 Columbia Law School professors sending a letter to administrators that states, "While we as a faculty disagree about the relevant political issues and express no opinion on the merits of the protest, we are writing to urge respect for basic rule-of-law values that ought to govern our university."
"Procedural irregularity, a lack of transparency about the university's decision-making, and the extraordinary involvement of the NYPD all threaten the university's legitimacy within its own community and beyond its gates," they wrote. "We urge the university to conform student discipline to clear and well-established procedures that respect the rule of law."
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The national group Jewish Voice for Peace (JVP) on Monday accused Columbia of creating "a climate of repression and harm for students peacefully protesting for an end to the Israeli genocide against Palestinians in Gaza" over the past six months.
"Columbia University has actively created a hostile environment for students who are Palestinian or who support Palestinian freedom. Additionally, the administration's actions have made the campus much less safe for Jewish students," JVP said.
According to JVP:
Instead of listening to the calls of Columbia and Barnard students to divest from the genocide perpetrated by the Israeli government, the university has called in the NYPD to arrest students, suspended them, and even expelled them. At present 85 students, 15 of whom are Jewish, are suspended.
Yesterday's statement by the White House, like the administrators of Columbia University, dangerously and inaccurately presumes that all Jewish students support the Israeli government's genocide of Palestinians. This assumption is actively harming Palestinian and Jewish students.
The administration has not only harassed Jewish students and failed to ensure their safety and well-being, it has also obstructed their religious observances during Shabbat and prevented them from accessing their Jewish community on the eve of Passover.
While President Joe Biden's Sunday statement was officially about Passover—a Jewish holiday that begins at sundown on Monday—and not the protests at Columbia and other campuses across the country, it was widely received as a response to the latter.
Biden said in part that "we must speak out against the alarming surge of antisemitism—in our schools, communities, and online. Silence is complicity. Even in recent days, we've seen harassment and calls for violence against Jews. This blatant antisemitism is reprehensible and dangerous—and it has absolutely no place on college campuses, or anywhere in our country."
Jonathan Ben-Menachem, a Ph.D. student at the university, toldCNN that "Columbia students organizing in solidarity with Palestine—including Jewish students—have faced harassment, doxxing, and now arrest by the NYPD. These are the main threats to the safety of Jewish Columbia students."
"On the other hand, student protesters have led interfaith joint prayers for several days now, and Passover Seder will be held at the Gaza solidarity encampment tomorrow," he added. "Saying that student protesters are a threat to Jewish students is a dangerous smear."
Columbia Students for Justice in Palestine said in a lengthy statement that "we are student activists at Columbia calling for divestment from genocide. We are frustrated by media distractions focusing on inflammatory individuals who do not represent us. At universities across the nation, our movement is united in valuing every human life."
"As a diverse group united by love and justice, we demand our voices be heard against the mass slaughter of Palestinians in Gaza," the statement continues. "We've been horrified each day, watching children crying over the bodies of their slain parents, families without food to eat, and doctors operating without anesthesia. Our university is complicit in this violence and this is why we protest."
The Columbia Spectator reported Monday that Columbia College passed a divestment referendum that "asked whether the university should divest financially from Israel, cancel the Tel Aviv Global Center, and end Columbia's dual degree program with Tel Aviv University," with respective votes of 76.55%, 68.36%, and 65.62%. However, a statement from a university spokesperson signaled the referendum would not lead to any shift in campus policies.
Beyond Columbia, there are ongoing demonstrations at institutions including the Massachusetts Institute of Technology, New York University, the University of Michigan, and Yale University, another Ivy League school, where at least 47 peaceful student protesters were arrested on Monday.
Those arrested were "charged with class A misdemeanors, which is the highest class of misdemeanors in Connecticut—the same degree applies to third-degree assault," according to the Yale Daily News. Citing a university spokesperson, the student newspaper added that they "will be referred for Yale disciplinary action—which could include reprimand, probation, or suspension."
Pushing back against some administrators' statements, journalist Thomas Birmingham, who was with the Yale protesters overnight, said on social media: "Here's some things I saw... 1. Repeated and loud calls to remain peaceful. 2. Students locking arms, teaching Arabic and Hebrew, and passing around pizza and water. 3. Lots of singing."
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