An environmental group lost a bid in the Virginia Supreme Court to stop a $1.8 billion coal-burning power plant in Wise County.
In a unanimous ruling yesterday, the justices held that requiring the 585-megawatt plant to be built in the Southwest Virginia coal fields and to be able to burn Virginia coal did not violate the U.S. Constitution's commerce clause.
The Southern Environmental Law Center argued the two requirements violated the clause because it favors Virginia coal over coal that might come from another state.
But the justices held that the State Corporation Commission only made it possible for the plant to burn Virginia coal and did not order the plant to do so.
In a statement yesterday, Dominion Virginia Power said it was pleased with the ruling. Construction of the plant is more than 20 percent complete, and it is expected to go into service in 2012, the statement said.
"Completion of the Southwest Virginia power station is crucial to meeting Virginia's growing power needs. It also is an important step toward achieving a goal of the Virginia Energy Plan to increase in-state energy production," the statement said.
Cale Jaffe, an attorney with the environmental law center, said, "From the beginning, we've had several legal irons in the fire regarding the Wise County coal plant. Our challenge of the Clean Air Act permits remains our primary focus."
Among other things, the group contends the permits fail to require Dominion Virginia Power to control emissions of heat-trapping carbon dioxide and other global-warming pollutants, as required by the federal act.
A trial before Richmond Circuit Court Judge Margaret P. Spencer on the group's claims is scheduled for July 31.
Contact Frank Green at (804) 649-6340 or fgreen@timesdispatch.com.
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