Mr. McGinty cited possible charges including felonious assault, attempted murder and the killing of an unborn fetus.
Sean McGinty presents the BBC Introducing in Lancashire programme on BBC Radio Lancashire from 8pm each Thursday.
Local campaigner Marco McGinty is appealing the 2011 ruling of the court which found in favour of the development.
McGinty, whose office will try the case, said Thursday he would evaluate seeking additional charges that carry the death penalty.
Speaking to BBC Radio's Good Morning Scotland programme, council leader John McGinty called on Vion to "do the right thing" for its workforce.
Mr McGinty's original challenge was supported by wildlife and environmental campaigners.
This time around two-thirds of Cat's product line is for economic sectors that have been in recession, estimates machinery analyst John McGinty of Credit Suisse First Boston.
McG - born Joseph McGinty Nichol - became known as a music video director and went on to direct the two Charlie's Angels films in 2000 and 2003.
Prosecutor Tim McGinty said on Thursday he would to seek aggravated murder charges against Mr Castro, and could even seek the death penalty against the former school bus driver.
They include such domestic energy enthusiasts as former Al Gore aide and secretary of the Pennsylvania Department of Environmental Protection Kathleen McGinty, and Fred Krupp, president of the Environmental Defense Fund.
The original legal challenge failed because Mr McGinty, from Saltcoats, who lives near where the coal plant would be built, was not deemed to have a sufficient interest in the case.
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