TOPEKA | The Kansas attorney general's office is asking a federal court to dismiss Sunflower Electric Power Corp.'s lawsuit against the state for denying an air quality permit it needs to build two coal-fired power plants in southwest Kansas.
Sunflower filed the lawsuit last month asking a U.S. District judge to block the state from denying the permit.
In its response filed Tuesday, the attorney general's office said the federal court lacks jurisdiction and the issue is pending before an administrative hearing judge and the Kansas Supreme Court.
Health and Environment Secretary Rod Bremby denied the permit in October 2007. He cited potential carbon dioxide emissions and global warming. Many scientists link man-made greenhouse gas emissions to global warming.