Ozark Sierran index  

Ozark Chapter—Public Interest Litigation & Regulatory Challenges

Sierra Club works to protect the health of our environment and preserve our remaining wild places through grassroots activism, public education, lobbying and, as a last resort, litigation.

Protecting Missouri communities with grassroots activism, public education, lobbying, and public interest litigation.
Our litigation is filed under the “citizen suit” provisions found in most federal environmental protection laws. Congress in its wisdom recognized that sometimes the Environmental Protection Agency or the Department of the Interior could be subjected to political pressure or threatened with a lack of funding if they objectively enforced the laws. Therefore, the Sierra Club files lawsuits, in the public interest, to ensure that the laws of the land regarding environmental protection are observed. Compensation is never sought, only that our attorneys be paid.

Our attorneys — Washington University Interdisciplinary Environmental Law Clinic and Great Rivers Environmental Law Center—work pro bono; however we must pay their expenses and the considerable expense of expert consultants.

Here is a summary of current Ozark Chapter litigation, regulatory challenge and/or interventions (provide formal testimony and input) categorized by the relevant Priority Campaign. Many of these actions are explored in more detail in articles throughout the newsletter.

SUMMARY Ozark Chapter—Public Interest Litigation & Regulatory Challenges

Clean Air & Energy Campaign
Promoting clean energy solutions while opposing more dirty coal-burning power plants.

Kansas City Power & Light—coal-burning power plants
•   Air permit challenged—Clean Air Act
(Appeal is still in the administrative process)
•   Missouri Public Service Commission (PSC) permission to build challenged
(Decision expected early 2007)
•   404/401 Water Certification permit—Clean Water Act
(reviewing)
     
Springfield City Utilities
•  

Air permit challenged—Clean Air Act
(Appeal has progressed to the MO Court of Appeals)
•   Rate Increase/Bond issue:
CU is owned by the city of Springfield, therefore, the PSC has no jurisdiction.
     
Missouri Public Service Commission (PSC)
•   AmerenUE Integrated Resource Plan
(intervention in regulatory process)
•   Consideration of adoption of five Federal Energy Standards (EPAct) including net metering and fuel source diversification
(intervention in regulatory process)
     


Public Lands Campaign
Preserving and restoring forests, riverways and urban wildlands.

•   L-142 Jefferson City 1,000 year levee—the largest ever proposed.
(Legal challenge in 2004—on-going)
•  

Mark Twain National Forest Plan
(Administrative Appeal)

The Plan is thought to contain “serious legal, biological, economic and ethical flaws.” Chapter representatives are participating in meetings with the Forest Service to resolve specific issues before the appeal proceeds.
     


Clean Water Campaign
Protecting the integrity of all Missouri’s water resources.

•  

EPA lawsuit—Clean Water Act

Ozark Chapter filed Sixty-Day notice of intent to sue EPA—April 2006—over failure of MDNR to submit “impaired waterbodies” list.