The case is among the first legal challenges filed against coal-fired plants filed since the Supreme Court’s April decision that carbon dioxide was a pollutant that could be regulated by the Environmental Protection Agency.
The goal of the filing is to block electric utilities from building the plant, but at a minimum it could force a construction delay of five months, said Justine Thompson, executive director of the Georgia Center for Law in the Public Interest.
“We need to go to building coal-fired power plants that cause massive health problems as a last resort, not a first resort,” she said.
The plant would be developed by Houston-based Dynegy Inc. and New Jersey-based LS Power.
Dynegy spokesman David Byford said it would be premature to discuss the claim, but he said the plant is primed to “fill a need in the region for clean, reliable and economic power.”