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.
 
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