Tuesday Ruling Only One Step

Environmental groups opposed to a coal-fired power plant under construction in Wise County found some traction Tuesday when a Richmond judge ruled that the State Air Pollution Control Board violated federal environmental law when it issued an air permit for Dominion Power’s plant outside St. Paul.

Still, the favorable ruling is far from aiding the groups’ ultimate goal of stopping construction of the plant.

Led by the Southern Environmental Law Center and lead attorney Cale Jaffe, the environmental groups argued seven points to the Richmond court and won on only one issue – mercury emissions and how they would be measured. The judge agreed with the environmental groups’ assertion that the power plant would be allowed to adjust emission limits after construction and would relax limits beyond “what has been achieved in practice by the best controlled similar source.”

But the fight is far from over. Dominion expects to invest more than $1.5 billion in the power plant, which is about 20 percent complete. The work started more than a year ago, in June 2008, one week after an air permit and construction permit were issued. So don’t expect the company to turn back now.

Mercury, which is proven to cause birth defects, is a by-product of coal-fired power plants and an obvious concern for anyone living near the power plant, and in the larger region where weather patterns could bring pollution. Releasing excessive amounts of mercury into the air, where it could harm neighbors and their children would be unconscionable.

So the plant’s owners should make every effort to minimize the pollutant’s release, even going beyond the federal rules on the matter if they are able.

Of course, the environmental groups fighting the power plant actually want much more than that type of compliance: They want to see Dominion pull up stakes and roll out of town.

The Southern Environmental Law Center notes that 42,500 people across Virginia signed petitions and sent letters opposing the project. That number roughly matches the population of Wise County – many of whom want the jobs, income and tax revenue from the plant. Yet as the height of the plant’s smokestack has grown to hundreds of feet, so has the resolve of those who, fearing the pollution the plant would bring, wish Dominion would give up and get out. So they continue to push in court.

Dominion isn’t going to abandon this project. The company has too much invested in this plant to tear it down and walk away.

Greg Edwards, Dominion’s media and community relations manager, issued a brief statement late Tuesday afternoon: “Dominion is pleased that today’s decision upholds virtually all of the conditions in both air permits, which may be the most stringent in the country. We expect the remaining issue regarding mercury emissions will be resolved in a manner that will allow the Virginia City Hybrid Energy Center to be completed on schedule.”

Perhaps the biggest lesson from Tuesday’s ruling is that the matter isn’t settled in either side’s mind. Dominion prevailed initially and secured permits to build the power plant. Environmental groups objected and have fought – and lost – for more than a year.

This week, Judge Margaret Poles Spencer denied six of seven points raised by environmental groups regarding the power plant. However, she agreed that the mercury emissions portion of the permit was invalid.

Expect Dominion to fight back quickly and roundly on that issue, but the company still should use every technology available to keep mercury admissions to a minimum.