The Virginian-Pilot
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Opponents of a proposed $6 billion power plant in Surry County claimed victory Monday after a judge ruled that the Dendron Town Council illegally voted last year to approve the controversial project.
Surry County Circuit Judge Samuel Campbell found that the town did not make it clear in public notices that council members would be voting that night on a permit for the coal-fired power station. If built, about 60 miles west of Norfolk, it would be one of the largest in Virginia.
The notices, the judge wrote in his decision, instead made it seem like the council would only be taking public comments and discussing a conditional-use permit for the plant, as well hear about rezoning some land where construction was favored.
But late in the evening on Feb. 1, 2010, the council voted for all necessary approvals, leaving critics to cry foul and ultimately to sue over the matter.
"This is a significant victory for citizens and due process," said Michael Drewry, a Dendron farmer and attorney who challenged the vote along with three other residents.
Drewry on Monday described the ruling as a "David and Goliath" win, saying he and neighbors faced "considerable hardship" in combating "a well-funded corporation that has consistently defended a clear violation of public notice requirements."
The proposed Cypress Creek Power Station is being developed by Old Dominion Electric Cooperative, a Richmond-based utility, which has said the plant would be safe, equipped with the latest pollution controls and would create jobs in rural Surry County.
In a statement Monday, ODEC said it was "disappointed with the judge's unexpected decision" but that it likely will only delay the process temporarily.
The judge voided all council actions that night last year. To correct them, a new hearing and vote seem inevitable. But the majority of council members continue to endorse the project and likely will back local permits again, Drewry and others concede.
"It would be nice if the ODEC people sat down with us and just talked," Drewry said. "We have questions, we have concerns. Why not have an open process?"
Environmentalists said Monday they hope ODEC views the ruling as "writing on the wall," according to the Charlottesville-based Wise Energy for Virginia Coalition, and stops its development plans.
But that seems unlikely.
"We look forward to continuing to work with the people of Dendron," ODEC said in its statement.
Environmental groups across the state are fighting the project, which they see as pumping hundreds of tons of air pollutants, including mercury and other toxics, into the skies above Hampton Roads and the Chesapeake Bay, both of which already are suffering from many contaminants.
The advocates, as well as public health professionals, also say the plant would increase local cases of asthma and respiratory illness and would deepen dependence on fossil fuels. They instead want energy companies to focus on cleaner alternatives.
Calls for comment to the town's attorney and mayor were not returned Monday.
Scott Harper, (757) 446-2340, scott.harper@pilotonline.com
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Safe fly ash?
'plant would be safe, equipped with the latest pollution controls and would create jobs'
Coal mining is not safe nor is it sound stewardship of the land. Fly ash has already reared its ugly head in Chesapeake and last week 10 million people who depend on Lake Superior have their water supply tainted with billions of tons of fly ash from a fly ash avalanche. They said that the mercury, lead, and arsenic did not matter and put out a pitiful boom to contain it.
There must be some other way and at least try wind and solar, for goodness sake!
see, that's the problem - either the lies or the propaganda
The opponents to wind power complain about the noise, the killing of birds, or even messing up the view.
Solar doesn't work except in some locations around the world and is very expensive.
But that doesn't matter to the lies and propaganda from the "alternative energy" crowd. Fusion doesn't work and creates more radioactivity (about 100x more). Wind works and should be required in every new subdivision, and how does solar work in Alaska?
Yes Virginia, we have been lied that "clean and safe" energy is the answer if we just invest more and "immediately" stop using fossil or nuclear energy.
The sad part of the article is the council INTENT was to vote and they will now have to vote again to get the same result - isn't that insanity defined?
Good article
Good article, thanks for keeping us informed of this issue. I for one do not want the extra air pollution in our area and would hope for a cleaner solution that would also supply jobs. I have a child with asthma and this weighs heavily on my mind.
Dendron coal fired power plant
On Thursday, July 8, 2010 the Environmental Protection Agency proposed tighter emission controls on coal fired power plants, as it did in 2008. Unfortunately a Federal Court struck down the new rules, saying the EPA had "overstepped its authority." The new rules were intended to reduce "emergency room visits and early deaths" resulting from coal fired power plants such as the proposed one in Dendron, which is a mere 15 miles upwind from where I live in James City County.
Being a retired Chemist, I decided to find out exactly what emissions would be coming my way on the prevailing Southwest wind from Dendron. I was amazed and appalled at what I discovered. Not only would there be thousands of tons of smog forming sulfur dioxide and nitrogen o
victory for citizens
Yes, for those who like higher electric bills. There is no way this triviality is going to stop that plant and meaningless and costly delays hurt everyone.
Uh
This is exactly the kind of thing that will stop construction of the plant.
population 300
And their town council could block a project of this magnitude? If that is true that is scary. What prime targets all over the area for a little bribery and corruption.
Why so many government actions challenged and lost
This is my main argument against the rantin right. It is called the tyranny of the majority. There have been so many republican actions, nationwide, that trample the rights of the governed. To many of these actions have been overturned on constitutional grounds to not be random, There are a lot of religious edicts the rantin right have never been able to convince enough people to agree on to make them effective, but now after their carefully crafted dis-information campaign they got control and have pushed through unconstitutional laws. There is not much difference between a tyrannical majority and a ruthless dictator.
What does this have to do
What does this have to do with republican or democrat?? Your throwing something into it that doesnt belong.
So the real question here is
So the real question here is what are we going to do for power and where are the people going to get jobs? All the environmentalists want everyone to drive electric cars but don't want to build the powerplants to charge them up. A powerplant takes years to build and can be run cleanly with todays technology. The benefits to the people far outweigh the narrow minded environmentalist stance. Maybe we should build a nuclear plant? Or a gas fired plant?