Coop Litigation News

Tracking Legal Events involving Electric & Telephone Cooperatives

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Southern Montana G&T News (Montana)

Here we attempt to highlight some of the more interesting recent developments concerning litigation involving Southern Montana Electric Generation and Transmission Cooperative headquartered in Billings, Montana.

These links take you outside of the Coop Litigation News website so we aren't responsible for the content.



Montana Coal-Fired Power Plans Scrapped

Natural gas and wind power will replace coal plant


February 2, 2009

Bozeman, MT -- The backers of the proposed Highwood coal plant in Montana announced they are reversing course and will instead build natural gas and wind energy facilities. The announcement comes after a series of successful legal challenges to the plant mounted by Earthjustice attorneys going back to 2007 aimed at addressing the coal plant's harmful environmental effects, including approximately 2.1 million tons of CO2 the plant would emit each year. CO2 is a major global warming pollutant.


An official with the company seeking to build the coal plant told a Montana newspaper the decision to switch from coal to cleaner fuels was due in part to the successful legal challenges mounted by Earthjustice attorneys Abigail Dillen and Jenny Harbine. The official also cited an "aura of uncertainly," as well as a lack of ready-to-use technology to produce clean coal, and an absence of clarity on national coal policy, as other reasons for the about face.


Anne Hedges of the Montana Environmental Information Center said the decision was an enormous step forward noting, "We can no longer continue to ignore global warming.". . . .




Group files suit to block coal plant

Billings Gazette
Monday July 23, 2007

An environmental group filed a federal lawsuit Monday seeking to block public financing of a coal-fired power plant near Great Falls because of its potential to exacerbate global warming, pollute surrounding communities and degrade a historic trail.


With seven more coal plants nationwide up for similar rural development loans, an attorney for the group Earthjustice said she hoped the challenge to the Montana plant will scuttle the entire U.S. Department of Agriculture program.


"The federal government should be the last source of funding for coal plants. These are projects that even Wall Street is turning its back on," said Abigail Dillen, the lead attorney in the suit filed Monday in U.S. District Court in Washington, D.C.

The other plants are in Wyoming, Missouri, Iowa, Florida, Oklahoma and two in Kentucky.


The USDA's Rural Utilities Service in May gave a regulatory green light to Montana's 250-megawatt Highwood Generating Station to be built near the Missouri River along the Lewis and Clark National Historic Trail by the Southern Montana Electric cooperative. It would deliver electricity to 120,000 residents of Montana and market surplus power to out-of-state customers.


The USDA is in the final steps of issuing a loan covering 85 percent of the plant's estimated $700 million price tag. Rural Utilities Service spokeswoman Anne Mayberry said the agency had received the lawsuit but it was still under review.






Environmentalists sue over coal plant

Billings Gazette
July 1, 2008

GREAT FALLS - Two environmental groups sued the Montana Department of Environmental Quality on Monday, alleging that the state has failed to limit greenhouse gas emissions in an air permit for a proposed coal-fired power plant east of Great Falls.


The lawsuit was filed in Cascade County District Court by the Montana Environmental Information Center and Citizens for Clean Energy.


The groups ask the court to invalidate the air quality permit for the Highwood Generating Station and to require a study to limit carbon dioxide emissions under state and federal air-quality laws. It also seeks an injunction prohibiting construction until a new air-quality permit is in place with specific carbon dioxide limits.


"We need to try to slow, stop and reverse global warming, and this is a step in that direction," said Jim Jensen, executive director of the MEIC.


In May, the Montana Board of Environmental Review rejected the same argument made in Monday's lawsuit - that carbon dioxide, like other pollutants, is subject to a "best available control technology" (BACT) study to limit carbon emissions under state and federal air-quality laws.





This page was last modified on Friday, August 21, 2009