TOPEKA, Kansas, May 5, 2008 – Kansas legislators are in a last ditch effort to bring two coal-fired plants to southwest Kansas.

It’s a last minute effort inside the state capitol that has legislators at odds.

"We're going to keep trying and we'll keep trying until the gavel drops,” said Republican Representative Kenny Wilk. “That's what we do here."

And for the Republican majority of the house, that continued effort revolves around two coal-fired power plants in southwest Kansas.

Having failed to override the governor’s veto twice, legislators are turning to strategy. The House has tacked the power plants onto an economic development bill. House Republicans admit it is a direct challenge to the governor.

“I'm sure the Governor would still veto it, but it certainly changes the dynamic of the legislation,” Wilk said.

Governor Kathleen Sebelius hasn’t said what she would do, but says the bill is likely to be unconstitutional.

"They're acting like adolescents,” said Democratic Representative Delia Garcia. “They're acting silly.  Instead of acting like adolescents we need to be addressing our adolescents in Kansas."

Angered over the governor’s stance on the coal plants, the House may introduce a resolution to sue the executive branch, in other words the governor.

"The executive branch is not following the law,” Wilk said.

And for Wilk, that stems from the coal plants permit approval process, which has been revoked by the health department.

While those on both sides of the aisle are saying the lawsuit is unlikely to be introduced, many say it characterizes the mood in Topeka.

"The Republican leadership is upset that they can't get the coal bill through, so they want to make the Governor look bad,” Garcia said.

Sebelius says the potential lawsuit against the executive branch just doesn’t make sense. Sunflower Electric, which wants to build the power plants, has already filed its own lawsuit against the state of Kansas.