Arguing that continued construction of the John W. Turk, Jr., Power Plant at Fulton will irreparably harm not only the local, but state and worldwide environment, opponents of the $1.7 billion AEP/Southwestern Electric Power Co. project have asked a federal judge to stop its construction permanently.
In filings before U. S. District Judge Harry F. Barnes in a lawsuit brought in February against the U. S. Corps of Engineers, the Sierra Club, National Audubon Society, Audubon Arkansas, and two individuals sought Friday to have Barnes shut down construction of the plant and idle hundreds of workers.
“The construction of the pumping station on the Little River; construction of pipelines, ditches and channels; the filling of wetlands; the construction of electrical transmission lines; the rerouting of roads; construction of rail lines; the shipment, storage and burning of coal; and other activities necessary and appurtenant to the construction and operation of the Plant will be taken at potentially grave risk of irreparable harm to the water quality, water quantity, air quality, scenic beauty, wildlife, fish and environment, and will cause substantial and irreparable harm to the ecosystem of the Little River and its basin and surrounding areas, the State of Arkansas, the nation and the world through permanent modification and alteration of lowlands vegetation, destruction of wetlands, degradation of water quality, destruction of fish and wildlife habitat, emission of pollutants such as mercury, carbon dioxide, and other pollutants and contaminants, causing irreparable adverse impacts without full consideration of the environmental impacts of such actions as required by law,” the filing states.
Opponents argue that SWEPCO essentially held sway over the COE in obtaining a Department of the Army Permit Evaluation and Decision Document (PEDD) in contravention of the National Environmental Policy Act and its implementing regulations, the Clean Water Act, and other federal law and reglations.
Opponents seek to have Barnes restrain and enjoin SWEPCO from “any activities regarding construction on or implementation of the John Turk, Jr., Project...;” seeking expedited consideration and hearing of the motion, and an order to “cease and desist from implementation of the Project...;” along with the award of court costs and attorney fees.
The filing and the original lawsuit specifically involve about 10.47 acres of property within the 2,800-acre SWEPCO site and approximately 8,150 linear feet along the Little River.
In arguing the motion, opponents point out that the CEO relied upon data and information compiled by SWEPCO for state permit filings to make a decision, which opponents say, was part of a strategy by the company.
