Dirty Coal Update: Fast-Tracking Slowed Down

Opponents of dirty coal rejoiced Tuesday evening when a Travis Co. district judge issued a temporary injunction instructing state administrative hearings judges to ignore Gov. Rick Perry’s 2005 executive order fast-tracking coal-plant permitting as hearings were set to begin Wednesday on six TXU plants, consolidated into one case under Perry’s order.

The hearings were set to proceed at press time, with the possibility of being delayed and rescheduled at a slower pace; the ruling could have broad implications on the state’s proposed 17-plant coal rush. Austin Judge Stephen Yelenosky upheld arguments brought by two rural citizens groups – directly impacted by the plants and overwhelmed by the fast-track – that Perry lacked the constitutional authority to dictate an accelerated timetable to State Office of Administrative Hearings judges, who hear public testimony and recommend or deny permit approvals to the Texas Commission on Environmental Quality. Tuesday night at the Waco Convention Center – rallying behind the Texas Cities for Clean Air Coalition, a group of 36 cities, counties, and school boards organized by Dallas Mayor Laura Miller – Steve Suss­man, the coalition’s pro bono lawyer, told the crowd that he seeks to prove there is no energy crisis, that TXU’s billion-dollar 11-plant plan has nothing to do with affordable energy and everything to do with locking out competitors (including cleaner alternatives) while pumping as much carbon dioxide as possible into the air in hopes of profiting from anticipated federal climate change emissions cap and trade laws. Sussman says he has the witnesses and high-level TXU documents to prove it. – Daniel Mottola