First Lawsuits Filed To Stop New Coal-Fired Plants

There have been voices of opposition to the building of new coal-fired power plants by TXU, but the plants were still sailing through Governor Perry's "fast track" program for approval. Now the first roadblock has been thrown up.

Ironically, one of the men trying to stop the building of the new plants is a wealthy backer of President Bush and Governor Perry. Dallas resident and Republican oilman, Albert Huddleston, has joined forces with musician and co-founder of the country-rock band The Eagles, Don Henley, to try and stop construction of the first two coal-fired plants. These two plants are to be built in Robertson County.

The two men are financially backing a lawsuit filed in a Waco federal court on friday by two groups -- Cleancoalition and Robertson County: Our Land, Our Lives. The lawsuit claims the building of the two Robertson County power plants would violate the Clean Air Act by refusing to consider other methods of fueling the power generators.

Instead of the coal-fired plants, which would pour tons of greenhouse gases and other pollutants into our air, they want TXU to use a newer and cleaner method of producing electricity. The new method turns coal into a gas, which is then burned to generate the needed power.

TXU claims the method is an unproven technology. The problem with that argument is that such a plant is already in operation producing 260 megawatts for Tampa, Florida. The technology is not unproven, but it is more expensive. TXU just wants to build their new plants cheaply, with little regard for Texas' air quality.

As Huddleston says, "New, more effective technologies exist, and they are required to be used under the Clean Air Act. We can, and should, do better than we are doing today."

TXU and other power companies have been overcharging Texans for electricity to the tune of about $60 million. That is bad enough. To produce more pollution when Texas is already failing to meet federal clean air standards is totally unacceptable.

It is time for TXU to do the right thing. They must use the cleanest technology available, not the cheapest. They must show some social responsibility and help Texas to move toward cleaner and healthier air.

This lawsuit is just the first volley fired in a long battle to stop the dirty coal-powered plants. Opposition to the plants is growing. It could turn out to be a long and expensive process to get the plants approved.

TXU would be better served to save the millions in legal costs and just build the plants with the new and cleaner technology.