Group Against Smog and Pollution, National Parks Conservation Association and Sierra Club said they have filed a notice of intent to sue the plant developer, Wellington Development LLC, in federal court.

Two of the groups, Group Against Smog and Pollution and National Parks Conservation Association, are seeking to appeal the issuance of the company's air quality permit in state court.

The groups will claim in their federal suit that Wellington did not begin construction of its plant before its air quality permit expired, said GASP attorney Michael Parker.

Under the permit, the company was required to begin construction by Dec. 21, 2006, or the permit would expire.

Wellington began work at the site prior to that date; however, the work it has completed does not satisfy the requirement of the law, Parker said.

Spokesmen for both Wellington and the state Department of Environmental Protection disagree with the groups' contention and maintain the permit is valid.

Work at the site began in early December with construction of concrete foundations for power line towers. The work that was done, "we believe, meets the requirement" of the law, DEP spokeswoman Helen Humpreys said.

Stanley Sears of Wellington Development said the lawsuit is just another attempt to delay the project.

"They've used this tactic from the very beginning," Sears said. "They think they can delay this project to the point it will not survive."

Sears said Wellington will continue to work on the project despite the new suit.

The company received an air quality permit from DEP in June 2005. The issuance of the permit was subsequently appealed to the state Environmental Hearing Board by two individuals, Group Against Smog and Pollution and the National Parks Conservation Association.

The hearing board in November dismissed the appeal, which resulted in the groups filing a petition for review in December with the state's Commonwealth Court.

Briefs are expected to be filed on that suit this month.

The 525-megawatt plant will burn waste-coal from Nemacolin and other area coal-waste piles.

It will employ state-of-the-art technology to burn waste coal cleanly, the company said. The plant also will create new jobs and clean up abandoned coal refuse piles that are major sources of pollution.

The environmental groups have argued the company is not using the best control technology available to reduce emissions from the plant as required by the Clean Air Act.

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