Paul Chesser, Climate Strategies Watch
Kansas Gov. Kathleen Sebelius's secretary of health and environment, Roderick Bremby, said in an Associated Press interview that he based his decision to deny air permits for two coal-fired power plants on last April's Supreme Court decision in Massachusetts v. EPA. It appears that he understands that the court really did not mandate that EPA regulate CO2 emissions (Stevens: ""We need not and do not reach the question whether on remand EPA must make an endangerment finding. . . . We hold only that EPA must ground its reasons for actions or inaction in the statute."), but merely stated that EPA has the authority to do so should it determine it is an endangerment to public health. But nevertheless he grounded his decision based on the court's ruling, not on anything actually in the state law, the Clean Air Act, or in any EPA decision.
Bremby also said during an interview with The Associated Press that the concerns of eight other states also were important. And, he said, the decision took on a moral dimension as he considered his duty to protect Kansans’ health and the state’s environment.
But Bremby said the U.S. Supreme Court’s decision was crucial because the state’s air-quality laws are tied to the federal Clean Air Act. Deciding that CO2 wasn’t a factor would have created “a complete disconnect.”
Bremby decided in October to deny an air-quality permit to Sunflower Electric Power Corp. for the two plants.
“I think it was a typical permitting decision until the Supreme Court decision suggested that CO2 needed to be considered as a pollutant,” Bremby said. “The science was really insufficient for the decision. It was the science coupled with the interpretation of federal law by the Supreme Court.”
Meanwhile Gov. Sebelius plans to veto today a second attempt by the Kansas legislature to pass a law that would allow the new power plants to go forward, and the votes to override fall short by one. Apparently she will do so in North Carolina, where she is campaigning for (a cabinet post?) Barack Obama.