Wednesday, February 21, 2007

Perry's Coal Deal Halted

Gov. Rick Perry's executive order that fast tracked the permitting for coal-fired plants is not binding on state hearing administrators, who must reconsider environmentalists' requests for a hearing delay, according to Judge Stephen Yelenosky.

Judge Yelenosky listened to arguments in state district court Tuesday then confirmed that Perry did not have the constitutional authority to issue his fast-track order in October 2005. A major permitting hearing for six coal plants was set for Wednesday in Austin. Yelenosky's temporary injunction did not cancel the hearing, but he said administrative judges should reconsider the schedule.

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