TOPEKA (November 23, 2011) Kansas Attorney General Derek
Schmidt today asked the 10th Circuit Court of Appeals to reject a
lawsuit that attempts to block construction of a new multi-million
dollar intermodal transportation project near Edgerton in Johnson
County. Schmidt filed a brief with the Denver-based federal appeals
court asking it to approve a decision by the Army Corps of
Engineers to issue a permit for the project. The permit has been
challenged in a lawsuit brought by an environmental group opposed
to the project. A federal district court in Kansas City has sided
with the Corps, allowing the project to proceed, but the
environmental group has appealed that ruling. The project has the
potential to contribute hundreds of millions of dollars into the
local economy and place thousands of Kansans back to work, Schmidt
wrote. When completed and fully operational, the Intermodal
Facility is expected to create approximately 8,700 new jobs,
resulting in significant employment opportunities for state
residents and substantial economic returns for the state. Schmidts
brief specifically objects to an attempt by the projects opponents
to have the Court apply to the Kansas project air-quality standards
and requirements that have been implemented by California under
California law. Recognizing the important public policy
considerations behind air pollution control, Kansas law firmly
places the decision to impose stricter standards than provided by
federal law in the hands of the Kansas Legislature not the State of
California, Schmidt wrote. Kansas has established the necessary
standards to protect the health and safety of its citizens and the
neighboring states. Kansas has met all the requirements... Schmidt
was joined in the filing by Oklahoma Attorney General Scott
Pruitt.
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