AUSTIN (AP) -- Gov. Rick Perry's executive order fast-tracking the permitting process for coal-fired plants is not binding on state hearing administrators, who must reconsider environmentalists' requests for a hearing delay, a judge says. Judge Stephen Yelenosky listened to arguments in state district court Tuesday then agreed with citizen environmental groups who claimed Perry didn't have the constitutional authority to issue his fast-track order in October 2005.
A major permitting hearing for six coal plants was set for Wednesday in Austin. Yelenosky's temporary injunction did not cancel the hearing, but he said administrative judges should reconsider the schedule.
"What he's saying (to administrative hearing judges) is the executive order does not tie your hands. It is without merit. You are now free to make your own decisions," said plaintiffs' attorney Jim Blackburn.
Lawyers for citizen groups argued before Yelenosky that Texas and Oklahoma residents opposed to the coal plants were at a disadvantage because there hadn't been enough time to prepare for the high-stakes permit hearing.
The Texas Attorney General's Office, which represented Perry in the case, referred all comments on the judge's ruling to the governor's office.
"No one should be surprised that a single liberal Austin judge would rule against Gov. Perry and his efforts to increase energy capacity in Texas," spokesman Robert Black said. "We will take a close look at the ruling and make a determination on how we will proceed."
http://hosted.ap.org/dynamic/stories/T/TX_COAL_PLANTS_TXOL-?SITE=TXELP&SECTION=HOME&TEMPLATE=DEFAULT
Printer-friendly format
Email this thread to a friend
Bookmark this thread
(843 posts)
Send PM |
Profile |
Ignore
