Virginia Judge Invalidates Power Plant Permit

RICHMOND, Va. (AP) -- A Richmond judge has invalidated a permit for a coal-burning power plant under construction in southwest Virginia.

Circuit Judge Margaret Spencer ruled Tuesday that Dominion Virginia Power's mercury emissions permit for the Wise County plant would have improperly allowed the utility to adjust the limit after the plant is already operating.

The ruling is a victory for environmental groups that challenged two permits issued by the State Air Pollution Control Board. Spencer ruled against the environmentalists on six of the seven issues they raised, but said the one error was enough to invalidate one of the permits.

Dominion says the problem can be fixed by the air pollution board, and the company believes the plant can still open on schedule. The plant is about 20 percent complete.