NM Attorney General and Environment Department Intervene in Desert Rock Suit

Bravo to Attorney General Gary King and the NM Environment Department. Let's hope this works and that a new Dem administration is in place before the Desert Rock coal-fired power plant can be approved for construction. The Durango Herald reports on a move yesterday by the AG's office and the ED to intervene in a lawsuit between the EPA and proponents of the plant that's been proposed for land on the Navajo Nation in the Four Corners area of New Mexico:

New Mexico's attorney general and environmental department say the proposed Desert Rock coal-fired power plant cannot be given an air-quality permit by a July 31 deadline because it would be a violation of the Endangered Species Act. More studies - which will take months, at a minimum - are required, they say.

The two offices filed a joint motion Thursday to intervene in a federal lawsuit between proponents of the power plant and the U.S. Environmental Protection Agency. Desert Rock developers are suing the EPA for delaying action on a Clean Air Act permit for the plant.

The AG's office issued a press release yesterday explaining the action:

"New Mexico can not afford to sit idly by as attempts are being made to skirt the legal requirements for a new coal-fired power plant to be built in the state," says Attorney General Gary King.

... "This permitting process is truly putting the cart before the horse. We believe there are a number of regulatory issues that need to be addressed by the EPA before it can make a decision on this permit," says Attorney General King. "The effects on fish and other wildlife under the Endangered Species Act must be considered; carbon dioxide pollutant levels must be determined; compliance with new federal standards for ozone pollution must be met; and the maximum achievable control technology (MACT) standards for hazardous air pollutants have yet to be addressed by the EPA."

... In a letter last month to the EPA, AG King and Governor Bill Richardson warned that fast-tracking the permit for Desert Rock without the required analyses could worsen air quality and adversely affect the health of those in the region.

Additional legal action is being contemplated by environmental groups:

Mike Eisenfeld, the New Mexico energy coordinator for the San Juan Citizens Alliance, said a coalition of environmental groups will likely file a motion today to dismiss the lawsuit between Desert Rock and the EPA outright.

Spearheading the dismissal motion is the organization Earth Justice; others participating include the Sierra Club, Natural Resources Defense Council, San Juan Citizens Alliance and Diné Care, a group founded by Navajo tribal members opposed to the power plant.

Eisenfeld said if the lawsuit is not dismissed, the groups will push for a change of venue. It is currently being heard in federal court in Texas, and the groups believe it should be moved to New Mexico or California, which is the home state of the EPA's Region 9, which oversees operations in New Mexico.

Meanwhile, the EPA has been unilaterally attempting to water down clean air standards that govern how air quality is measured in areas that take in 48 national parks, including Mesa Verde in southwest Colorado in the Four Corners area. Gee, do you think it has anything to do with clearing the way for the filthy pollution of the Desert Rock power plant nearby?

A repository of material on the power plant is at the desert-rock-blog. Also see the website of the San Juan Citizens Alliance.

You can find some of our previous coverage of this issue here and here, including links to additional posts and other sources of information.

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