Perry Sued Over Coal Plants

Four environmental groups have sued Texas Governor Rick Perry alleging that he lacked authority to issue a 2005 executive order allowing permits for new coal power plants to be fast tracked. The suit specifically alleges that Perry did not have the authority to limit administrative hearings on the permits to six months. The process usually takes at least a year. The plaintiffs charge that the executive order violates the Texas Constitution and state law.
Six hearings on proposed coal plants in East Texas have already been consolidated into a single proceeding as a result of Perry’s order.

Here is what the Plaintiffs have to say:

“We feel very much at a disadvantage,” said Katrina Baecht, a member of Citizens Organizing for Resources and Environment, a group fighting TXU Corp.’s proposed Valley coal-burning plant in Fannin County north of Dallas. “If we had time to learn about it and get the information and assemble our case, we would feel that our rights were being protected.”

Of course, Camp Perry predictibly treats the lawsuits like a speedbump in a mall parking lot:

Robert Black, Mr. Perry’s spokesman, said the governor properly used his executive authority to speed up state hearings and try to get new power plants permitted and built.

“I feel confident that that case will be well made by the [Texas] attorney general,” Mr. Black said. “These things need to get started.”

That remains to be seen. The separation of the judiciary (even the “administrative judiciary”) from undue pressure by the executive is a fairly straightforward thing.

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