This is mostly good news (could have been a lot worse).

Who could come to Charleston on Oct. 27 or 28?

JBK

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Elena Saxonhouse Elena.Saxonhouse@sierraclub.org 9/23/2010 6:24 PM >>>

Hi all,

I received the Order from the Air Quality Board today denying all motions for summary judgment -- meaning that we will move forward to a hearing on all the issues that we decided to pursue. It looks like the Board is particularly intrigued by our argument that DAQ failed to include potential air emissions from wastewater treatment: "the Board considers Appellants' arguments on segmentation to be valid and considers this an area where more evidence is needed prior to making a summary decision." One unfortunate part of the Order is that the Board adopted TransGas's language in describing the issues remaining, which unfairly narrows or mischaracterizes some of them (e.g., our argument about storage tanks). We will get this clarified before the hearing. The hearing is October 27-28 in Charleston. I don't think a big rally or anything is necessary, but it would be great to have some citizens there to show support and public interest, and I encourage the Chapter to think about a media plan.

-Elena

Elena Saxonhouse Staff Attorney Sierra Club Environmental Law Program 85 Second St., 2nd Floor San Francisco, CA 94105 (415) 977-5765 (415) 977-5793 (fax)