DC Circ. Rejects Challenge To Coal Plant Expansion Review

Law360, New York (May 28, 2013, 3:49 PM EDT) -- The D.C. Circuit said Tuesday it doesn't have jurisdiction to hear Sunflower Electric Power Corp.'s appeal of a district court finding that the U.S. Department of Agriculture unlawfully failed to prepare an environmental impact statement before approving and financially backing Sunflower's expansion of a Kansas coal-fired power plant.

The dispute stems from allegations made by the Sierra Club that the USDA's Rural Utilities Service violated the National Environmental Policy Act by not completing an EIS. A lower court remanded the matter to the RUS, but Sunflower...
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