Description: Challenge to approvals for expansion project at coal-fired power plant in western Kansas
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Sierra Club v. U.S. Department of Agriculture, Rural Utilities Service
Case Documents:
Filing Date Type File Action Taken Summary 05/28/2013 Opinion Download Appeal dismissed for lack of jurisdiction. The D.C. Circuit dismissed the appeal by intervenor Sunflower Electric Power Corporation of the district court's granting of summary judgment to Sierra Club. The D.C. Circuit determined that the district court’s order was a non-final remand order that was not immediately appealable by a private party and therefore dismissed Sunflower’s appeal for lack of jurisdiction. -
Sierra Club v. U.S. Department of Agriculture, Rural Utilities Service
Case Documents:
Filing Date Type File Action Taken Summary 01/31/2012 Memorandum Opinion Download Memorandum opinion issued barring issuance of approvals of agreements or arrangements directly related to the expansion project until environmental impact statement is complete and remanding to Rural Utilities Service. A federal district court in the District of Columbia held that the U.S. Department of Agriculture's Rural Utilities Service cannot issue any approvals or arrangements directly related to the project until an environmental impact statement (EIS) is complete. The court had held in March 2011 that the Service violated the National Environmental Policy Act (NEPA) by failing to prepare an EIS in connection with its involvement in the expansion of a coal-fired power plant in Kansas. The court held that because the Service provided approvals and financial support to the project, its involvement amounted to a “major federal action” within the meaning of NEPA. 03/29/2011 Order Download Motion to dismiss denied and plaintiff's motion for summary judgment granted. The court granted a summary judgment motion by the Sierra Club, holding that the defendants should have prepared an environmental impact statement concerning the use of low-interest loans to finance the construction of new generating units at a coal-fired power plant in western Kansas. 09/08/2008 Complaint Download First amended complaint filed. 10/16/2007 Complaint Download Complaint filed. Plaintiffs challenged the U.S. Department of Agriculture's Rural Utilities Service's use of low-interest loans to finance the construction of new generating units at a coal-fired power plant in western Kansas, alleging that the agency did not prepare an environmental impact statement for the plant and failed to analyze impacts of climate change and failed to consider clean energy alternatives.