As of April 2011, this is an active proposal. In April 2011 a Georgia court sided with Sierra Club and Friends of Chattahoochee that challenged the air permit issued by the EPD. In July 2009, this plant was delayed yet again. The permit for the plant was determined invalid. At this point Longleaf Energy sought an extension for the construction schedule. GreenLaw worked with a coalition of groups to comment on Longleaf's permit application. GreenLaw pointed to failures of Longleaf's MACT permits. Sierra Club raised environmental justice concerns, explaining that construction of this plant would disproportionately impact racial minorities and people living in poverty. Also, Early County is already ranked as having the 10th highest asthma rate in the state - a state with some of the highest asthma rates in the country. In November 2009, the Georgia Supreme Court denied the Sierra Club a motion to reconsider. In August the Sierra Club and others had filed six amicus briefs and then appealed those briefs in October.