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The Climate Litigation Database
Litigation

Sierra Club v. U.S. Department of Agriculture, Rural Utilities Service

About this case

Documents

Filing Date
Type
Action Taken
Document
Summary
01/31/2012
Decision
Memorandum opinion issued barring issuance of approvals of agreements or arrangements directly related to the expansion project until environmental impact statement is complete and remanding to Rural Utilities Service.
A federal district court in the District of Columbia held that the U.S. Department of Agriculture's Rural Utilities Service cannot issue any approvals or arrangements directly related to the project until an environmental impact statement (EIS) is complete. The court had held in March 2011 that the Service violated the National Environmental Policy Act (NEPA) by failing to prepare an EIS in connection with its involvement in the expansion of a coal-fired power plant in Kansas. The court held that because the Service provided approvals and financial support to the project, its involvement amounted to a “major federal action” within the meaning of NEPA. 
03/29/2011
Decision
Motion to dismiss denied and plaintiff's motion for summary judgment granted.
The court granted a summary judgment motion by the Sierra Club, holding that the defendants should have prepared an environmental impact statement concerning the use of low-interest loans to finance the construction of new generating units at a coal-fired power plant in western Kansas.
09/08/2008
Complaint
First amended complaint filed.
10/16/2007
Complaint
Complaint filed.
Plaintiffs challenged the U.S. Department of Agriculture's Rural Utilities Service's use of low-interest loans to finance the construction of new generating units at a coal-fired power plant in western Kansas, alleging that the agency did not prepare an environmental impact statement for the plant and failed to analyze impacts of climate change and failed to consider clean energy alternatives.

Summary

Challenge to approvals for expansion project at coal-fired power plant in western Kansas