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Lawmakers may sue Sebelius over veto

BY DION LEFLER

Eagle Topeka bureau

Still lacking the votes Friday to overturn Gov. Kathleen Sebelius' veto of a bill allowing two coal-fired power plants in western Kansas, House leaders circulated a resolution that would allow the Legislature to sue her.

House Speaker Melvin Neufeld, R-Ingalls, and Majority Leader Ray Merrick, R-Stilwell, had their resolution read into the record so they could bring it to a vote as early as today.

Sebelius' office had no comment late Friday.

Neufeld and Merrick claim Sebelius and her subordinates overstepped their authority when the Kansas Department of Health and Environment rejected plans by Sunflower Electric Power Corp. and its out-of-state partners for two 700-megawatt power plants near Holcomb.

KDHE Secretary Rod Bremby ruled the power plants would produce too much carbon dioxide -- CO2 -- a gas many scientists link to man-made climate change.

"These decisions and other actions by the executive branch of the state have raised numerous legal and constitutional questions... including questions relating to the constitutional doctrine of separation of powers between the executive and legislative branches of state government," the resolution states.

It would authorize the Legislative Coordinating Council -- a group of House and Senate leaders who conduct the Legislature's business between sessions -- to hire a private attorney to sue Sebelius and her administration.

Neufeld left the House chamber Friday without speaking to reporters.

Merrick said the proposed lawsuit would be "us saying there is a separation of powers issue and we're going to protect our interests."

Merrick said the idea was prompted by recent comments by Sebelius and Lt. Gov. Mark Parkinson.

They have said they were considering actions to continue to block the power plants even if the Legislature overturns the governor's veto.

Wichita-area lawmakers who support the plants said they'll also support House leaders in taking the governor to court.

"Yeah, it's a high-level risk, but that's the game the governor's chosen to play," said Rep. Steve Brunk, R-Bel Aire. He said Sebelius had not only turned away a $3.6 billion investment in western Kansas, but also chanced scaring off other industries.

Rep. Joe McLeland, R-Wichita, said the resolution "looks like a good one to me."

"Nothing in our regulations or statutes gives them the authority to deny a plant based on CO2," McLeland said.

Coal plant opponents said a lawsuit by the Legislature would be a waste of time and state money.

"The coal plant permits are already being litigated in multiple forums," said Rep. Raj Goyle, D-Wichita. "Why spend taxpayer money on more lawyers to argue the same point?"

"Let's spend it on something worthwhile," said Rep. Terry McLachlan, D-Wichita. "Maybe early childhood education."

The resolution is the latest twist in a controversy that has dominated the legislative session that began in January.

Both the House and Senate passed two bills to clear the way for the plants to be built and to strip Bremby of authority to make state regulations on CO2.

Sebelius vetoed both bills. While the Senate easily mustered enough votes to override the second veto, the House fell four votes short Thursday night.

The plants would primarily supply power to Colorado and Texas customers, with 15 percent of the output reserved for use by customers in sparsely populated western Kansas.

The main opposition to the plan has come from a coalition of urban and suburban lawmakers, including Wichita-area Democrats, and Democrats and moderate Republicans from along the Topeka-Kansas City freeway corridor.

Reach Dion Lefler at 785-296-3006.