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Power agency warns of federal backlash, urges Cox to veto Utah coal plant bill

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Power agency warns of federal backlash, urges Cox to veto Utah coal plant bill


The Intermountain Power Agency has urged Gov. Spencer Cox to veto a recently adopted energy bill, warning the measure could have widespread repercussions for Utah.

SB161, approved during the final week of the 2024 Legislature, could force IPA to sell a coal-fired power plant, which is set to be shut down, to the state to keep it operating.

Cox has until Thursday to take final action on the legislation. His office said Monday he is “still reviewing” the legislation but would not comment further. SB161 fell three votes short of a veto-proof majority in the Utah House and two votes short in the state Senate.

The GOP-controlled Legislature worries the state may not be able to meet the growing population’s electricity needs without coal-fired power plants.

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At the same time, IPA is working to shutter its coal-fired power plant in Millard County next summer and switch to a natural gas-powered facility as part of a transition to more environmentally friendly plants.

Under SB161, IPA must apply to the state for a new permit by July 1, 2024, to keep the coal plant operating. But IPA has an agreement with the federal Environmental Protection Agency to cease operation of the coal plant by July 1, 2025.

On March 8, IPA Chair Nick Tatton sent a letter to Cox asking him to veto SB161 and spelling out the potential consequences if he does not. In that letter, obtained through an open records request, Tatton warned that applying for a permit to continue operating the Millard County plant would break the existing agreement with the EPA

“By committing to submit an application for an Alternative Permit by July 1, 2024,” Tatton wrote, “IPA would risk EPA action to effectively shut down the existing coal-fired facilities by mid-November 2024.”

Ash accord

Burning coal for power produces ash that is stored in large ponds. In 2015, the EPA issued new rules for storing coal ash, and those facilities could be closed until they met the new regulations.

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In 2018, the EPA triggered the closure of IPA’s ash impoundment units with a mandate that they be brought into compliance by 2021. Because IPA was in the process of closing its coal plants, the EPA agreed to a longer timeline. Tatton noted that SB161 forces IPA to break that deal, which could lead the feds to order a shutdown of those ash storage facilities.

“The risk is real. EPA has taken similar action with respect to coal-fired generating facilities in other states, issuing orders for those facilities to cease operating their impoundments within 135 days,” Tatton wrote. “The only way for IPA to comply with such a mandate would be to cease burning coal — and producing electricity — altogether.”

Tatton warned that Utah will face other risks if Cox signs the bill. It could imperil construction of IPA’s gas-powered plant, dubbed IPA Renewed, for which the organization has issued more than $2 billion in bonds and expects to spend billions more.

Attempting to keep the coal plant open beyond July 1, 2025, might also impact Rocky Mountain Power. The state has submitted its plan for reducing regional haze to the EPA for review. That plan, which is still under evaluation by the federal agency, did not require RMP to install pricey pollution controls on its Hunter and Huntington coal-fired plants because IPA was set to close its coal units.

“Requiring even one of those units to continue operating,” Tatton stated, “will almost certainly require other Utah industrial sites to install costly pollution controls.”

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IPA and others raised these concerns with lawmakers during the 2024 session to no avail.

Air quality concerns

On Feb. 28, the same day lawmakers gave final approval to SB161, Tatton and other municipal leaders wrote to Cox, EPA Administrator Michael S. Regan, EPA Region 8 Administrator KC Becker and Utah Department of Environmental Quality Executive Director Kim Shelley.

The letter warned that the legislation could spur a legal dispute, costing taxpayers “substantial amounts of money.” It also said proponents, including sponsoring Sen. Derrin Owens, R-Fountain Green, have falsely asserted the bill does not impact federal law, specifically the regional haze plan

The Feb. 28 letter raised the prospect that Utah’s DEQ was allowing itself to be steamrolled by state lawmakers.

“When faced with the prospect of EPA involvement in this issue, DEQ has urged EPA and state legislators not to become involved because DEQ has been purportedly attempting to resolve the bill’s issues,” the letter said. “However, through asking direct questions to DEQ leadership about its efforts to oppose SB161, IPA’s representatives learned that DEQ is not effectively engaged to keep SB161 from passing or to request amendments to SB161 to address our legal and practical concerns. Today’s actions by the Utah House of Representatives underscore the fact that DEQ does not have the situation under control.”

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The EPA responded March 7, explaining that state laws cannot create an exception to federal regulations and that enacting the legislation could lead to federal intervention to enforce those regulations. Keeping either or both of the IPA plants operating would require revising the state’s regional haze proposal. If the EPA rejects the updated proposal, it could implement its own air quality plan that the state would be required to implement.

Owens provided The Salt Lake Tribune with a copy of a response to the EPA letter penned by Michael Nasi, a partner with the Texas-based Jackson Walker law firm. The outside firm conducted a feasibility study, which is the basis for SB161, for keeping the IPA facilities running.

(According to the state’s financial transparency website, Utah has paid Jackson Walker nearly $400,000 so far this year.)

Nasi’s response letter criticized IPA for soliciting federal intervention and accuses it of colluding with the EPA.

“The solicitation of EPA’s letter,” Nasi wrote, “is an extremely questionable legal tactic, given how it functionally invites a federal agency (that has recently demonstrated a hostility toward both the rule of law and the state of Utah’s sovereignty) to prematurely and unnecessarily weigh in on issues that are, at this time, squarely within exclusive authority of the state of Utah.”

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The response letter also asserts that any threat of intervention by the EPA is premature and would be an unwelcome federal overreach.

That could set up another showdown between the state and the federal government because of other legislation passed this year. SB57 creates a process for the state to ignore federal laws and regulations. Lawmakers repeatedly cited onerous federal environmental regulations as the need for the bill. Legislative lawyers warned that the measure could conflict with the Constitution’s supremacy clause, which says federal law takes precedence over state law.



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Utah hit with largest measles outbreak in over 30 years

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Utah hit with largest measles outbreak in over 30 years


Utah has been hit with the largest measles outbreak in more than 30 years.

The Utah State Epidemiologist stated that it’s the most contagious disease scientists know of.

As of this month, the Utah Department of Health and Human Services reported 115 confirmed cases.

MORE | Measles

“It’s a little surprising to see an uptick in measles, but it’s not surprising to hear that Utah County is one of the places where we have seen more of those cases,” said Elsie, a Utah County resident with several children in local schools. “I think because there’s kind of been a movement towards anti-vaccination.”

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Samantha Marberger, who also lives in Utah County and has a young child, said measles wasn’t something she thought was here.

“I’ve heard of big outbreaks like that in Texas and a few other places, but it wasn’t something that I thought was as local,” she said.

Utah State Epidemiologist Leisha Nolen called the outbreak “extreme” and “really concerning.”

“Why does the health department believe this is happening now? Is this like a delayed reaction of previous low vaccination rates?” 2News asked her.

“Yeah, I think unfortunately our vaccine rates have gone down over time, and we do now have a number of people who are vulnerable to this infection, and they haven’t been protected,” Nolen said. “There also has been cases in neighboring states, and so it was easy to introduce here in Utah.”

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The DHHS stated that roughly 90% of the population is vaccinated, but those rates vary from area to area and aren’t enough to reach herd immunity for measles.

“Measles is highly contagious. It’s the most contagious infection we know of,” Nolen said. “The data historically says that if you have 20 people in a room and somebody with measles comes in, 18 of those people are going to get measles.”

She said that since the outbreak started, the health department has given 30% more vaccines than they did last year at this time. She said most infections can be traced back to southwestern Utah and appear to be from in-state travel.

“It’s likely in Utah, many hundreds of Utahns who are vaccinated have been exposed to this virus, and they did not know it, and their bodies fought it off as it should,” Nolen said.

The second largest outbreak in Utah is in Utah County, with 10 confirmed cases.

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The state is asking people to cooperate with the health department’s contact tracers if they call.

If you suspect measles in yourself or a loved one, they urge you not to go to a clinic waiting room but call ahead for the next steps to stop the spread.

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Widow of slain Utah County sergeant testifies in favor of accomplice’s parole

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Widow of slain Utah County sergeant testifies in favor of accomplice’s parole


EAGLE MOUNTAIN, Utah — Nannette Wride-Zeeman says her late husband, Utah County Sheriff’s Sergeant Cory Wride, is still very much a part of her life nearly 12 years after he was ambushed and killed in Eagle Mountain.

On Tuesday, Wride-Zeeman did something that might surprise many people: She testified in favor of parole for Meagan Grunwald, the young woman who was an accomplice in her husband’s murder.

Wride’s killer lost his life in a shootout with police the same day as the ambush. But Grunwald, who was with the shooter, has been serving time for her role in the crime.

Before the parole hearing, Wride-Zeeman met Grunwald face to face on Monday for the first time since the tragedy.

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“She was in the other room, hyperventilating and sobbing. And she was so afraid to come and meet me. And I can’t even tell you. The days and probably weeks of sleepless nights I had, being afraid to meet her, and what do I say, and how do I, how do I do this, and am I making a mistake, and like all these things that it felt in my heart, just this calm feeling like it was the right thing to do,” Wride-Zeeman said.

“She was so afraid that I was going to be angry with her, and those angry days have long passed,” she said.

When Grunwald entered the room, the emotion was overwhelming for both women.

“And she came walking in, she had her hands over her face, and she was still sobbing and she was shaking. And I just saw this little girl that was just terrified,” Wride-Zeeman said.

“And she’s sitting across from me, and she, her hands or her face are in her hands, and she’s just sobbing, and she keeps repeating, I’m so afraid, I’m so afraid. I’m so sorry, I’m so sorry, I’m so afraid, just back and forth. And when she got done, I said, Megan, you don’t have anything to be afraid of. I said, Look at me, and she looks up at me, and I see her blue eyes and all the tears,” she said.

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What happened next was a moment of healing that lasted three hours.

“So I walked over to her, and I went like this to her, and she stood up, and we embraced for the first time, and she just sobbed and sobbed. And I just held her and I said, do not be afraid of me. We’re here to heal. And it opened up 3 hours of healing,” Wride-Zeeman said.

The widow says she has completely forgiven Grunwald and wants to be part of her life when she’s released.

“I said, you can’t live with me, but I want to be a part of your life when you get out, and I want us to stay in touch. I am your biggest cheerleader, and I want to see you find your happy like I did, because I never thought I’d be happy, and here I am happier than I’ve ever been in my life, and I want her to find that. And we talked about what her dreams are, what her passions are, how she wants to give back to the community, to people, across the board, including veterans and first responders,” Wride-Zeeman said.

Wride-Zeeman says 100 percent she has forgiven Grunwald and wants nothing but the brightest of futures for her.

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Utah Supreme Court considers defamation lawsuit over ‘Sound of Freedom’ movie

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Utah Supreme Court considers defamation lawsuit over ‘Sound of Freedom’ movie


SALT LAKE CITY — The state’s top court is considering whether to allow a defamation lawsuit to move forward over the movie “Sound of Freedom” and its portrayal of a villain in the movie.

On Wednesday, the Utah Supreme Court heard an appeal by Angel Studios, the filmmakers who created “Sound of Freedom” and Operation Underground Railroad founder Tim Ballard. They are being sued by Kely Suarez, who alleges the central villain character in the movie has defamed her and ruined her reputation.

Cherise Bacalski, Suarez’s attorney, said the character of “Katy Giselle” in the film is “a kingpin sex trafficker.”

“And she never was,” Bacalksi said of her client.

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Before the Utah Supreme Court, Bacalski argued Suarez was a college student who was caught up in a raid that Ballard was involved with in Colombia.

A lower court allowed Suarez’s lawsuit to move toward trial. The studio and Ballard have appealed, arguing they are protected under a Utah law designed to safeguard speech and that the film is a docudrama that is “based on a true story.” The justices grilled lawyers for all sides about the level of involvement each party had and whether promotion of the film crossed any lines.

“Here it’s alleged the movie itself was defamatory and Angel Studios is the one who is putting out the movie,” Justice Paige Petersen said during Wednesday’s hearing.

Robert Gutierrez, an attorney for Angel Studios, insisted to the court that while the film may be based on Ballard’s experiences, there were disclaimers in the film.

“The Katy Giselle character was, in fact, a composite character in order to make it a subject matter the viewing public could actually watch,” he argued. “And fulfill the writer’s mission about the ugly truth of child trafficking.”

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The justices questioned where the line is in a “docudrama” or when things are “based on a true story.”

“So under your definition is this a movie of and concerning Mr. Ballard? Or is that they happen to use the same name?” asked Justice John Nielsen.

Gutierrez replied it was a story “inspired by Tim Ballard.” Later in arguments, he noted that Suarez had actually been convicted of criminal charges in Colombia. That was something Bacalski said was not properly before the court and she argued against the veracity of it.

“We also believe the conviction is unreliable, coming from Colombia and really under suspicious circumstances,” she told FOX 13 News outside of court. “That conviction would not likely stand because of the constitutional protections we enjoy in the United States of America.”

Ballard’s attorney, Mark Eisenhut, argued that his client was not involved in the movie-making itself. Ballard was consulted as the film was being created.

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“I do not believe there’s any evidence of him producing, writing, directing, anything of that nature,” Eisenhut argued.

The justices took the case under advisement with no timeline for a ruling. The movie, which starred Jim Caviezel as Ballard, went on to become a box office success in 2023.

“She’s very hopeful our justice system will do her justice,” Bacalski said of Suarez outside court.

Ballard faced a number of lawsuits and accusations of misconduct that led to ties being cut with Operation Underground Railroad, the anti-human trafficking organization he founded. He has denied wrongdoing and filed his own defamation lawsuit against some of his accusers.





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