Kansas Politics and Coal: From Dirty to Filthy

When President Obama tapped Kansas Gov. Kathleen Sebelius to be his new health secretary, state environmental advocates had mixed feelings. Yes, 'what an honor' was foremost; but also, 'well, shit.'

Sure enough, a week after he moved into the governor's office, Mark Parkinson struck a backroom deal with Sunflower Electric Power Corporation for a new 895 megawatt coal-fired power plant, a facility that Sibelius had famously taken a stand against and that Parkinson, as her lieutenant governor, has previously fought as well.

Citizens and environmentalists cried "foul," but that was Parkinson's prerogative. So the project is unnecessary and distracts from new energy development; so most of the pollution and little of the economic windfall would stay in Kansas; so it was the first project blocked for reasons of CO2 pollution; so what?  A governor is allowed to change his mind.

This outcry has continued. Construction was delayed when EPA required public hearings; the last one occurred on October 25th, and, in total, more than 6,000 oral and written statements were recorded. In the meantime, developers have been pushing to makes sure the plant is approved before January 3, when new federal air quality regulations would make its design much costlier.

Flash forward to early November, and the mid-term elections. While you were either popping a cork to celebrate or commiserate the results, Governor Parkinson was canning Roderick Bremby, the Kansas Department of Health and Environment (KDHE) secretary who initially blocked the plant's construction; and this time, it's not cries of "foul" that you're hearing. It's "fire."

"Oh, it's a soap opera," said Stephanie Cole of the Sierra Club's Kansas chapter. "It's a charade."

And once you hear the details, it's hard not to see her point. For one, it is the job of KDHE to approve or deny permits of this kind, except when the Kansas legislature writes laws this specific:

The secretary shall timely approve a prevention of significant deterioration permit (PSD) to sunflower electric power corporation to be issued consistent with the settlement agreement executed May 4, 2009, by sunflower electric power corporation and the governor of the state of Kansas to resolve all claims or causes of action...

Which would have turned Bremby into a walking rubber stamp if it weren't for his dual role as a Kansas official and the representative of U.S. EPA in the permit proceedings.

Other signs of scandal? Scott Allegrucci, director of the Great Plains Alliance for Clean Energy, submitted an open records request to the governor's office to shed light on what took place between Governor Parkinson and Sunflower Electric Company. But the request was denied, the Governor using a technicality to claim attorney-client privilege in his dealings the company.

What does Allegrucci think of Bremby being ousted? "Oh, yeah, this entire thing stinks," he said. Though legislators and the governor himself deny it, Allegrucci claims that significant pressure was being placed on the KDHE staff to expedite the permit, even going so far as to threaten to cut their budget before year's end.

The comparison to the bad old days of Bush are too strong to ignore. "Bush told the EPA, 'Don't do your job,'" said Allegrucci, "And Parkinson said to Bremby, 'If you're doing your job, I'm going to fire you.'" How bad is it? "We believe that there is unethical and potentially illegal activity going on."

To date Governor Parkinson has given no reason for Bremby's dismissal, stating only that he offered him a place on the transition Cabinet leading up to Governor-elect Sam Brownback's inauguration. Considering the incoming governor (hello, misery), there is little time for inaction, and no hope for redress on the state-level. The one hope the people of Kansas, and the whole country, have for justice in these proceedings is an investigation by U.S. EPA. Unfortunately this is a dicey move in a state that is manic about defending turf, and federal agencies are understandably skittish about stepping in on "state's turf."

So we have to invite them. Please, sign this petition and ask the EPA to ensure Kansas citizens retain a voice in protecting their own air. Any time the interest of the few compromise the health and safety of the whole democracy is threatened. "The signs are ominous," said Allegrucci.

Photo credit: Asbestos Bill

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