In a momentous and economically catastrophic decision an appointed state official has in a stroke of the pen created economic uncertainty, raised the risk of doing business in Kansas, made our future electrical power service less reliable, and in this convoluted process may have actually worsened this state’s air quality by keeping older and less efficient power plants in operation. That's the sad result of the denial of a state permit to build two coal fired electrical power plants in southwest Kansas.

In this process all Kansans exhaling carbon dioxide became “polluters,” under this new definition. Belatedly, Sunflower Power’s CEO Earl Watkins, whose electrical power firm was clobbered by this decision recently complained, “Kansas is no longer a rule-of-law state but is becoming a rule-of-whim state.”

That would be quite a dubious achievement for Rod Bremby, Governor Sebelius’ appointed head of the state agency overseeing health and environmental issues, who made this decision. Sadly, the news coverage of Bremby’s edict has excluded a number of significant and important facts.

Kansas is now the first state in the country to declare that carbon dioxide emissions are pollution based upon this edict and not upon state law. Bremby’s November 6 comments indicated that while he opposed carbon dioxide emissions from the proposed coal fired power plant expansion, he was not willing to impose his personal standard onto all businesses seeking new or renewing permits from his agency. The Wichita Eagle reported, “Bremby…has no plans to regulate carbon emission from other industries.” If the rule of law exists in Kansas, there should be uniform and equal application of the law on everyone. Watkin’s complaint about unfair treatment for his company is confirmed.

This capricious decision became national news that even the Washington Post and New York Times reported with front page articles following this unique decision. Since every one of us breathing, inhales oxygen and exhales the new defined pollutant carbon dioxide, we are now officially polluters according to Mr. Bremby. Even Governor Sebelius pollutes when she exhales according to this bizarre ruling.

The news reports about this contentious decision from Mr. Bremby have not connected the fact that earlier this year Mr. Bremby and his wife, despite his high level state position and her physician’s income, filed for bankruptcy. Mr. Bremby filed for bankruptcy in April according to news articles. At least one news article questioned Bremby’s role in overseeing the operations of a $217 million agency after this occurred.

Mr. Bremby should have resigned or been fired following this revelation, but the governor has kept him in her cabinet. This bankruptcy filing might be one reason Mr. Bremby’s Holcomb power plant ruling took so long to be issued.
Should the bankrupt Bremby be deciding the fate of a $3.6 billion project? Well, according to Attorney General Paul Morrison, yes he should.

State and federal elected officials from Kansas House Speaker Melvin Neufeld, Senator Sam Brownback, and Kansas Senate President Steve Morris stated that Bremby's authority does not exist in Kansas law. Attorney General Morrison disagreed.

November 11 press reports indicated that Bremby was now going to be looking at the permits for 16 existing coal fired power plants in Kansas that are up for renewal. What has not been discussed is the fact that a wide variety of plants making ethanol, natural gas fired electrical plants, and residential fireplaces produce carbon dioxide. When will the Sebelius administration regulations and prohibitions appear in these areas?

Electricity consumers in Kansas had better get ready for higher electrical costs in this risky environment. Electrical service is likely to become less reliable as it becomes less affordable as Kansans are likely to be forced to increase out-of-state electricity purchases.

The increase in uncertainty due to the Sebelius administration's latest carbon dioxide edict may satisfy out-of-state opponents of coal fired electrical power plants. By making carbon dioxide into a pollutant by bureaucratic edict this administration displays a lack of knowledge about basic plant biology that requires carbon dioxide in the process of photosynthesis and a willingness to put this state's economic future into jeopardy.