Wolverine waits for Missaukee ruling: Holland decision to be appealed by state
As has been reported in recent weeks, there has still been no decision filed from a lawsuit in Missaukee County as of press time involving Wolverine Power?s appeal of the state?s denial of its major permit. Meanwhile in the southern part of the state, an appeal is planned on an Ottawa County judge?s decision regarding a power plant similar to Wolverine?s planned plant. Ottawa County Judge Jon Van Allsburg ordered the state to reconsider the Holland Board of Public Works James DeYoung Plant?s (BPW) application based on rules as they stood in August when it was denied. The judge said the Michigan Department of Natural Resources and Environment (DNRE) wrongly based its denial of a permit on how much power the community would need in the future and not air quality issues. That ruling now faces an appeal.
New Michigan Attorney General Bill Schuette said the state plans to appeal the judge?s decision, a move called for by those opposed to coal-fired power plants. The Michigan Court of Appeals will review the request from the attorney general on behalf of the DNRE. The BPW plant application is for a 78-megawatt (MW) plant at the existing James DeYoung Power Plant located in the city limits of Holland. BPW filed its permit application Jan. 17, 2007 and was denied Aug. 20 of last year.
Similar to what was done in Holland, Wolverine is currently appealing the state?s denial of its permit application to construct the plant, which the state issued May 21. In December, former Attorney General Mike Cox entered Wolverine?s case in Missaukee County as a plaintiff-intervenor, supporting Wolverine?s ?petition and motion for a summary disposition.? Cox agreed with Wolverine that the DNRE denial of Wolverine?s application for a permit was ?unauthorized by law and thus seeks reversal and remand of the final agency action.?
Wolverine Power announced its plans in May of 2006 for construction of a 600-MW power plant project, planned for land within the Calcite quarry in Rogers Township. Wolverine owns and operates five electric generating facilities capable of producing approximately 200 MWs located in Tower, Gaylord, Hersey, Vestaburg and Burnips.