At the plant site, preliminary activity is in progress for erection of a natural gas turbine and the administrative building. The power plant will burn ‘waste’ coal from mines in the southern Powder River Basin, which makes the project eligible for tax-exempt industrial revenue bonds.

NAPG has tried to finance and construct the power station from more than 10 years. It has attained various regulatory permits including, an air quality permit. Unless various construction and other prerequisites are fulfilled, air quality permits granted by Wyoming Department of Environmental Quality terminate after two years.

DEQ officials stated that permit stipulations are being fulfilled, and the permit is still relevant.

Sierra Club filed a lawsuit in January 2009, in a Wyoming federal court, alleging that the permit should be cancelled and tighter emission controls should be implemented.

Enzi alleged that the firm had already decided to change its air quality permit to the recent best available control technologies, as per Wyoming regulatory norms. He stated that the firm is also dedicated to mercury controls that would be the most comprehensive in the state.