Description: Constitutional challenge to Kansas officials' actions denying authorization for construction of coal-fired power plants based on potential carbon dioxide emissions.
Sunflower Electric Power Corp. v. Sebelius
Filing Date Type File Action Taken Summary 05/07/2009 Notice of Voluntary Dismissal Download Notice of dismissal with prejudice filed by Sunflower Electric. After Sunflower Electric Power Corporation (Sunflower Electric) and Kansas's new governor entered into an agreement allowing construction of a single coal plant, Sunflower Electric filed notice of dismissal with prejudice. 11/17/2008 Complaint Download Complaint filed. Sunflower Electric Power Corporation (Sunflower Electric) filed a lawsuit against Kansas Governor Kathleen Sebelius, Lieutenant Governor Mark Parkinson, and the Secretary of the Kansas Department of Health and Environment alleging that the defendants used purported concerns regarding carbon dioxide emissions from proposed new coal-fired electric generating units and global warming as a pretext for denial of an air permit for the units. Sunflower Electric contended that the defendants were motivated by the improper purposes of advancing their personal political aspirations and prohibiting the export of electric energy outside Kansas. The complaint asserted claims that the defendants' actions constituted denial of equal protection and a violation of the Commerce Clause.