Two Elk Power Plant

Based on site inspections and company status reports, Wyoming Department of Environmental Quality (DEQ) determined in August of this year that Two Elk Generation Partners, a subsidiary of North American Power Group, had not performed any construction of the Two Elk power plant for the last two years in violation of its construction permit from DEQ. As a result, DEQ notified Two Elk that their permit was no longer valid. Nevertheless, when the company appealed that determination, DEQ reversed itself and re-instated the permit - basing its decision on documents that have not been made available to the public. Powder River has joined Sierra Club to appeal DEQ's settlement with Two Elk and to challenge the Environmental Quality Council's approval of the settlement in state court. Powder River is bringing the action to revoke the permit, which would force the company to apply for a new permit and conduct updated analyses of the plant's environmental impacts and emissions control technology.