Susman Godfrey Lawyer Says Power Plant’s Appeal is Over

(Dallas) Today the Texas Court of Appeals in Austin dismissed an appeal to obtain a permit for a 1320-Megawatt, petroleum coke-fired power plant near Corpus Christi.  The Texas Commission on Environmental Quality and Las Brisas Energy Center, LLC, had sought to overturn the district court’s decision to vacate the permit for the proposed plant, but recently moved to have their appeal dismissed.

Terry Oxford of Susman Godfrey L.L.P., attorney for the Texas Clean Air Cities Coalition, one of the parties opposing the proposed plant, stated, “We are extremely pleased with this development.  We can all now close the book on this ill-advised plant, which would have been located only five miles from downtown Corpus Christi.” 

Mr. Oxford added, “All the medical associations of the surrounding counties joined the Cities Coalition and other protesting groups and submitted testimony that pollution from the proposed plant would likely cause a significant increase in the severity and prevalence of asthma and other respiratory illnesses in the area.”

Mr. Oxford further explained, “This is the right result.  Las Brisas failed to show, in either of two administrative proceedings, that its proposed plant would comply with air quality standards.  The district court confirmed those findings of the Administrative Law Judges.” 

Other attorneys representing the protesting groups included Drew Hansen and Brian Melton of Susman Godfrey for the Cities Coalition; Tom Weber and Matt Babb of McElroy, Sullivan, Miller, Weber & Olmstead for the Environmental Defense Fund; Ilan Levin of the Environmental Integrity Project for the Sierra Club; and Pat Morris for Roger Landsdorf.

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