Ottawa County Circuit Court Judge Jon Van Allsburg has ordered the state to reconsider its denial of an air permit for the expansion of the James DeYoung coal-fired power plant in Holland.
In August the Michigan Dept. of Natural Resources and Environment rejected a Holland Board of Public Works proposal to build a new 78 megawatt boiler at the DeYoung plant on the grounds that the increased capacity was not needed.
The Holland Sentinel reports that Van Allsburg said the MDNRE was wrong to base its permit decision on need.
Van Allsburg also ordered the MDNRE to disregard Gov. Jennifer Granholm’s executive directive that the state agency consider a needs analysis.
He agreed with the Attorney General Mike Cox’s assessment that Granholm’s executive directive was an attempt to amend the state law, violating the state constitution’s principle of separation of powers.
Van Allsburg called the decision “capricious” and based on a “whim.”
Although the city asked the judge to require that the state issue the air permit immediately, he gave the MDNRE 60 days.
The Holland Board of Public Works is not the only group fighting the state’s approach to coal plant regulation.
In May, citing a lack of need for the power, the state denied an air permit for the Wolverine Power Cooperative which planned a 600 megawatt coal plant in Rogers City. Now, in a case that is pending in Missaukee County circuit court Wolverine is asking that the MDNRE permit denial be overturned and that the governor’s executive order on coal be declared unconstitutional. Attorney General Mike Cox has joined Wolverine in this case.