Sunflower Electric Power Corp. v. Sebelius

Sunflower Electric Power Corporation (Sunflower Electric) filed a lawsuit against Kansas Governor Kathleen Sebelius, Lieutenant Governor Mark Parkinson, and the Secretary of the Kansas Department of Health and Environment alleging that the defendants used purported concerns regarding carbon dioxide emissions from proposed new coal-fired electric generating units and global warming as a pretext for denial of an air permit for the units. Sunflower Electric contended that the defendants were motivated by the improper purposes of advancing their personal political aspirations and prohibiting the export of electric energy outside Kansas. The complaint asserted claims that the defendants' actions constituted denial of equal protection and a violation of the Commerce Clause.