Blocked Order to Accelerate Coal Plant

Blocked Order to Accelerate Coal Plant

Feb 2007 - A Texas state judge 
on Tuesday temporarily blocked an executive order issued by 
Texas Governor Rick Perry that aimed to fast-track the 
permitting process for new coal-fired power plants. The 
decision is a victory for citizen groups, who filed suit last 
month asking the court to void the executive order. 
Issued in 2005, the order directed the State Office of 
Administrative Hearings, SOAH, to take no more than six months 
to issue a recommendation once they'd received the official 
proposal. 
The plaintiff's attorneys argue the order violates the Texas 
Constitution and two separate statutes. 
"The Texas legislature gave citizens a legal process - the 
contested case hearing before SOAH - by which to protect their 
health and property," said Jim Blackburn, an attorney for the 
citizen groups. "Governor Perry's Executive Order ordering 
SOAH to change their process assumes power that was not given 
to him by either the Texas Constitution or the legislature." 
State District Judge Stephen Yelenosky agreed and said he 
"concluded that the plaintiffs are likely to prevail on their 
argument that the governor lacks that authority," the judge 
said. 
The temporary injunction, granted by Yelenosky, called on 
state hearing administrators to ignore the order and consider 
rescheduling permit hearings on six proposed coal-fired power 
plants in East and Central Texas. 
Yelonosky agreed with the plaintiff's argument that the 
accelerated timetable deprived them of the necessary time to 
prepare for the hearing on the coal plants, set for Wednesday 
in Austin. 
The suit reflects growing concern that new coal-fired power 
plants could exacerbate Texas' already severe air pollution 
problems, adversely impacting the environment and public 
health. 
But proponents contend the state will not be able to meet its 
electricity needs in the near future without the new plants. 
"No one should be surprised that a single liberal Austin judge 
would rule against Governor Perry and his efforts to increase 
energy capacity in Texas," said Robert Black, spokesman for 
the governor. "We will take a close look at the ruling and 
make a determination on how we will proceed."

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