A neighboring state is having a battle fought over the construction of a coal-burning power plant that is similar to the battle against the Longview plant in Morgantown and could presage similar battles that would be fought in WV if a new plant is sited here. Last Wednesday the Virginia Supreme Court heard arguments from opponents of a plant being built in Wise County, just south of WV, and the main argument is not environmental concerns, although those are certainly the real reason. The basis for the challenge is a dormant Commerce Clause argument, based on the fact that the plant was given expedited approval if it would burn Virginia coal. The Commerce Clause argument is premised on the contention that giving preference to Virginia coal over coal from other states is a violation of the US Congress' control of interstate commerce, enshrined in the Commerce Clause of the US Constitution.
A brief Associated Press report of the oral arguments can be found here. A blog from Forbes, which explains a little more about companion litigation in Richmond involving environmental permits, is found here.
It is unfortunate that there are continued attacks on coal generating plants. Until power storage of renewables is improved, load leveling plants powered by fossil or nuclear fuels will be needed. Increase clean coal research, but don't cut out development in the meantime.
Tuesday, March 3, 2009
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