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The Associated Press August 16, 2010, 3:33PM ET

Lawsuit challenges coal-fired power plant in Colo.

Plans to convert a natural gas-fired power plant in Lamar, Colo., to a coal-fired one are coming under a legal challenge.

WildEarth Guardians filed a lawsuit arguing that the Lamar Light and Power plant is a "major source" of hazardous air pollutants under the Clean Air Act, and that it must obtain a determination from regulators that it would achieve certain reductions in hazardous air pollutant emissions.

The city wasn't required to get the determination when it obtained a state permit for the conversion in 2006.

A federal judge ruled Friday that the claim could proceed for now. He didn't rule whether the plant is a major source of hazardous pollutants. He also dismissed claims that Lamar voters should have had a say in the switch to coal.


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