E-M:/ Moratorium on New Michigan Coal Plants

In addition to the citizen lawsuit seeking an injunction against new coal plants (see below), there are other reasons why there should be a moratorium on new Michigan coal fired power plants and not have us fall victim to the "Coal Rush":

1. All three viable presidential candidates (Clinton, Obama and McCain) stated they will work hard to fight global warming and reduce CO2, mercury and other harmful emissions. More stringent federal and state emissions regulation and enforcement are coming and new plants should not be considered until then.

2. At an IPU conference last month, MPSC Chairman Orjiakor Isiogu stated that the 21^st Century Energy Plan (21CEP) needs and will be updated for Michigan's (poor) economic situation, (greatly increased) cost of coal and coal plant construction and probable (CO2) emissions regulation. Updating the 21CEP for these factors, plus logical assumptions for renewable energy and efficiency, will reveal that far fewer new coal plants are needed in Michigan. The 21CEP needs an urgent update and new plants shouldn't be considered until then.

3. Across the country, utility companies, their investors, courts, state regulators, legislators and governors have canceled or put a moratorium on new coal plants at least until CO2 and other emission regulation is stabilized. Even in Republican Idaho, their house of representatives voted 64-5 in favor of a two year moratorium on the building of new coal-fired power plants. http://www.kmvt.com/news/local/2503506.html

It would seem prudent for Michigan's government and utilities to follow the lead of Idaho and many others across the US and put a moratorium on new coal plants for at least two years.

Take care, frank

FOR RELEASE THURSDAY, FEBRUARY 7, 2008 1:00 P.M.

Contact:

Joseph P. Swallow (989) 354-4104

judgeswallow@charterinternet.com

For copy of legal Complaint – Marcia L. Smolinski (989) 354-4104 Ext. 11

judgeswallow@charterinternet.com

Citizen lawsuit seeks injunction against new coal plants until state’s DEQ establishes rules governing carbon dioxide pollution

In a legal action with potentially far-reaching consequences, a Michigan citizen’s group filed suit to seek the Department of Environmental Quality’s (DEQ) compliance in regulating carbon dioxide (CO₂) emissions from coal-fired power plants. The group contends that the state is required to do so by the Environmental Protection Act (EPA). The suit also asks that the DEQ be enjoined from further issuance of air quality permits until it complies with existing law.

The suit was filed in Ingham County Circuit Court. It comes about five months after the group, Presque Isle County-based Citizens for Environmental Inquiry, served a legal request on the DEQ to regulate carbon dioxide as a pollutant in accordance with law. When the department failed to respond adequately within the legally required 90 days, the organization began considering the lawsuit.

“With at least five new coal-fired power plants seeking air permits from the state, my clients can no longer delay measures to assess and control the millions of tons of global warming pollution that can be released,” said Joseph P. Swallow, a retired Circuit Court judge and legal counsel for CEI. “The law (Environmental Protection Act) clearly defines CO₂ as a pollutant and mandates regulation, but the state has no regulations whatsoever.”

Charles Winters, President of CEI, said Gov. Jennifer Granholm’s recent executive order addressing greenhouse gas emissions doesn’t require recommendations until the end of 2008. That’s an “unconscionable delay during which five new coal plants could be approved and under way.”

The lawsuit asks that a judge mandate the DEQ to initiate procedures to promulgate carbon dioxide regulations, or explain under law why it is not required to do so.

In filing this lawsuit CEI is very much aware that Michigan has the highest unemployment rate in the nation and Presque Isle County has the highest in Michigan.

During these desperate times the filing of this lawsuit may be interpreted by many as a spurious threat against much needed jobs. Such is not the case, as the court action only asks that existing laws be enforced by our public officials. Even during these desperate times public officials must be true to their sworn duty, Swallow added.

Citizens for Environmental Inquiry was created in 2006 to scrutinize harmful emissions from a proposed coal plant in Rogers City. They were stunned to learn of the harmful impacts of CO₂ emissions worldwide, and shocked that Michigan is without regulations governing the emission of CO₂.