Clock ticking on challenges to Desert Rock

Staff Writer
Article Launched: 08/17/2008 12:00:00 AM MDT

— The Daily Times —

Environmental groups and other interested parties who wish to challenge the July 31 decision by the U.S. Environmental Protection Agency to issue an air permit for Desert Rock Power Plant have until the end of August to act.

First to file, releasing its challenge to the public Aug. 14, was a coalition of seven environmental groups led by Earthjustice. The coalition claims EPA bowed to industry pressure at the expense of public health and the environment. It seeks the withdrawal of the permit and completion of numerous analyses it says the EPA was required to complete before issuing the permit.

One day later, Assistant Attorney General Seth T. Cohen sent the state of New Mexico's request for a Petition for Review of the decision.

Essentially the request is a "place holder" that asks the EPA give New Mexico time to prepare a supplemental legal containing its arguments. Without the extension, the time to appeal would cut off at the end of August "The state's appeal will come by Aug. 30," said Marissa Stone, spokeswoman for New Mexico Environment Department. "The department filed for a 45-day extension Aug. 13 because EPA changed the draft permit drastically before issuing it."

Stone said the New Mexico Environment Department is assisting state Attorney General Gary King in his preparation of the appeal promised by Gov. Bill Richardson the day EPA ruled.

Colorado's Department of Public Health and Environment is considering similar action, according to Mark Salley, its public information officer.