Posted June 6, 2014
A
federal appeals court has rejected a challenge to an environmental assessment
of a $10 million construction subsidy for an ethanol plant in Michigan’s Upper
Peninsula, according to an article on Great Lakes Echo by Eric Freedman
available here.
The
U.S. Department of Energy (DOE) assessed the project’s implications for forest
resources, wetlands, and air quality. The review “adequately supported its
findings that the plant would not have significant impact on the environment,” ruled by the 6th Circuit
Court Appeals.
However,
the project has been stalled, due to changing circumstances such as withdrawal
of the lead private investor and termination of a federal mandate for
cellulosic ethanol, or ethanol made from wood projects.
Michigan Economic Development
Corporation had approved a state grant. Michael Shore, Director of MEDC said,
“From our perspective this project is closed.”
In 2011, DOE drafted an
environmental assessment, solicited public comments, and issued a final
assessment that suggested several changes in plant operations. The report found
“no significant impact” on the environment and promised a grant of $100
million, the court said. Therefore, the DOE did not
prepare a full environmental impact statement.
Larry Klein, who lives near the
site, filed the suit claiming the pollution from the plant would harm his
health.
The suit claims that DOE did not
follow the National Environmental Policy Act during the assessment. In
accordance with that law, federal agencies must study environmental impacts of
“major federal actions significantly affecting the quality of human
environment” in consultation with state and local agencies and the public.
The case was dismissed without trial
by a lower-court judge.
The Court of Appeals said, “The
agency’s environmental assessment adequately supported its findings that funding
the plant would not have a significant impact on the environment.”
For more information on the
Renewable Energy, please visit the National Agricultural Law Center’s reading
room on the subject, here.
