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RE: E-M:/ Cox says coal ban is illegal

Contrary to Attorney General Cox's assertion, Gov. Granholm's order is "firmly grounded in state and federal law" according to Wayne Law Prof. Noah Hall:
 
http://www.glelc.org/blog/2009/02/michigan-governor-puts-the-brakes-on-new-coal-plants.html
 
As Prof. Hall states, the executive directive "specifically acknowledges the state’s duty under the Michigan Environmental Protection Act to prevent pollution when 'there is a feasible and prudent alternative.'"  It further relies on the federal Clean Air Act, Section 165(a)(2), for the state’s authority to consider alternatives to proposed sources of air emissions when determining whether or not to grant a permit." 
 

 
From: MICHDAVE@aol.com
Date: Sat, 21 Feb 2009 13:22:31 -0500
Subject: Re: E-M:/ Cox says coal ban is illegal
To: HAMILTREEF@aol.com; enviro-mich@great-lakes.net

The Saginaw News headline story today ( not on line) is the same coverage with headlines reading:
Coal plants notch a  win: Ruling may advance plant near Bay City.
 
The Saginaw News story identified Rep. Ken Horn of Saginaw County (R-94th) as one of the two legislators that took the issue to the attorney general. Rep Horn, married to the Vice Chair of the Saginaw County Chambers of Commerce, also never misses an opportunity to bash environmental regulation/MDEQ as an obstacle to "growth" and he has been an advocate of Dow Chemical's position to lower the state standard for dioxin exposure from 90 ppt to 1,000 ppt for residential properties. He also supported lifting the " facility designation"  on contaminated river properties which would limit  Dow's obligations to clean them up.
 
If the Chamber or Dow or Consumers wants it---Ken Horn wants it.  Public health, Great Lakes water quality and natural resources be damned.
 
Michelle Hurd Riddick
Lone Tree Council
 
 
 
 
In a message dated 2/21/2009 10:02:42 A.M. Eastern Standard Time, HAMILTREEF@aol.com writes:
AG: Decision to deny permits for new plants exceeds gov's authority.
 
LANSING -- State Attorney General Mike Cox said Friday that Gov. Jennifer Granholm exceeded her legal authority this month when she directed state regulators to deny permits for new coal-fired power plants if there were "feasible and prudent alternatives," such as wind and solar.
"Governors can sign bills into law, but they cannot write them. That is the legislature's job," Cox said in a statement. "If the governor wants to pursue changes to law, the legislature is the proper forum."
Granholm disagreed with Cox's decision and said she would take the matter to the federal Environmental Protection Agency for clarification.
"As a former attorney general, the governor believes he has misread both state and federal law," said Liz Boyd, the governor's press secretary.
 http://detnews.com/apps/pbcs.dll/article?AID=/20090221/POLITICS/902210375
 

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