Environmental groups have petitioned a Kansas appeals court to overturn a final air emission source construction permit issued to Sunflower Electric Power Corp. by the Kansas Department of Health and Environment (KDHE) to construct new coal-fired generating units at Holcomb Station in western Kansas. Sierra Club v. Moser, No. N/A (Kan. Ct. App. filed 1/14/11).

The complaint alleges that KDHE abandoned lawful procedure and issued the permit in bad faith and that the permit is based on unsupported determinations of fact and is otherwise unreasonable, arbitrary and capricious. The complaint seeks an order setting aside the permit and remanding the matter to KDHE for further proceedings and an injunction prohibiting construction of the coal-fired generating units at Holcomb Station until a valid permit is issued.