Chickasaw Nation vs. TXU
February 19th, 2007 at 2:09 pm
Yet another twist in the legal assault on TXU. In a significant development, the Chickasaw Nation of Oklahoma says TXU failed to give the tribe proper notice about a contested case hearing that begins in Austin on Wednesday. The contested case proceedings, overseen by two Texas administrative law judges, deal with six air permits TXU must obtain to build its proposed coal-fired power plants.
In a letter mailed Thursday to the two judges, the tribal authority’s attorney wrote, “The Nation has not been provided notice of [the proceedings] as required by Texas law and the Clean Air Act. Upon informally learning of the likely effects on its air quality the Chickasaw Nation seeks to be afforded status as a party protestant in these proceedings.” Several environmental and consumer groups, counties, cities, the Greater Waco Chamber of Commerce, and others are official protestants to TXU’s permits and will air their arguments on Wednesday.
“I can’t imagine why they forgot to notify us,” said Jason Aamodt, the attorney for the Chickasaw Nation. “They didn’t notify the State of Oklahoma, the State of Louisiana, the State of Arkansas… I can’t imagine why.”
Aamodt explained that as a sovereign Indian nation, the Chickasaw Nation is a “state” under the law, requiring a polluter to notify tribal authorities of a new pollution source. “[W]e’re entitled to a meaningful opportunity to participate,” said Aamodt.
“I think we have special concern with respect to visibility issues in and around areas that are of historical, cultural, and economic signficiance for the Chickasaw Nation.” The tribal area includes the Tishomingo National Wildlife Refuge and the Chickasaw Nation Recreation Area.
It’s unclear how the Chickasaw Nation can intervene at this late date. The parties in the administrative hearings have been furiously engaged in an accelerated discovery and deposition-taking process - thanks to the Guv’s October 2005 fast-track order - that wrapped up last week. There have been more than 140 boxes of evidence generated in the case so far, said Jim Marston, the regional director of Environmental Defense. Aamodt said he doesn’t know how the Indian tribe will participate but that he plans to be in Austin on Wednesday to make sure they can.
