Governor
Bill Richardson and Attorney General Gary King today announced their
intention to immediately file an appeal of the U.S. Environmental
Protection Agency’s ill-advised decision on issuing an air quality
permit for the Desert Rock Energy Facility planned for the Navajo
Nation.
By
issuing the permit, a lawsuit filed by Sithe Global of Houston, Texas
against EPA will most likely be dismissed. That lawsuit sought to force
EPA to make a decision on the permit. EPA and Sithe Global apparently
attempted to cut a deal to evade judicial review of new power plant.
“EPA
is bending to the will of corporate, financial and misguided political
interests that will pollute New Mexico’s skies,” Governor Richardson
said. “EPA’s decision ignores its obligations to protect the health of
residents and the environment in New Mexico and the region. We will not
allow this ill-advised decision to stand.”
The
state will immediately file an appeal of the permit with the U.S.
Environmental Appeals Board. The permitting action will be stayed
pending the state’s appeal.
“I
want to assure New Mexicans that from a legal standpoint, Desert Rock
is far from a done deal,” said Attorney General Gary King. “We will
immediately review the permit and analysis that the EPA is obliged to
provide in conjunction with its permitting decision. There are
significant legal hurdles ahead and we intend to challenge the permit
before the Environmental Appeals Board (EAB) in Washington, D.C.”
EPA,
in issuing the permit, violated the Clean Air Act. The federal agency
failed to require appropriate analyses of air requirements before
issuing the permit. By failing to do that, EPA is endangering the very
people it is entrusted with protecting.
“EPA
is shirking its responsibility to require an analysis of several
pollutants, including mercury, ozone and carbon dioxide – a greenhouse
gas,” said New Mexico Environment Department Secretary Ron Curry. “This
plant will increase the region’s annual greenhouse gas emissions by
more than one third and wipe out our efforts to reduce these emissions
across the state. The Four Corners area is already burdened with the
high levels of mercury contamination and smog and this facility will
only worsen those problems.”
The
state filed a motion to intervene in the case July 10. EPA evaded the
state’s efforts to protect its citizens and ensure the Clean Air Act is
enforced.
Two
nearby coal-fired power plants, San Juan Generating Station and Four
Corners Power Plant already emit 28 million tons a year of carbon
dioxide. Desert Rock will add another 10 million tons a year of carbon
dioxide, making the four corners region a major contributor to global
warming.
The
Bush Administration's decision to issue the permit will add to the
region’s growing ozone problem. Ozone levels in Farmington have
reached the new federal standard, .075 parts per million, and are
expected to exceed that standard within the year. Ground level ozone,
also known as smog, adversely impacts heart and lung health and can
cause and exacerbate asthma.
