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Saturday, April 05, 2008
Ind. Courts - More on: Sierra Club files suit against Duke Energy
Updating this ILB entry from April 3rd, Bryan Corbin of the Evansville Courier & Press reports today:
The Sierra Club has accused Duke Energy Indiana Inc. of artificially inflating the amount of air pollution a proposed coal-to-gas power plant planned for Knox County would be allowed to emit.In a lawsuit filed Thursday in U.S. District Court here the San Francisco-based environmental group alleges Duke Energy did not install required pollution-control equipment at its old coal-fired plant or obtain necessary permits.
And that, the club charges, artificially inflated the amount of air pollution its replacement plant will be allowed to emit. * * *
Duke Energy counters that the Sierra Club is incorrect, that the Edwardsport plant complied with the Clean Air Act and that the environmental group simply wants to block the coal-to-gas power plant from being built.
"They are trying to stop any plant that is a coal plant, even if it is a clean-burning one," Duke Energy spokeswoman Angeline Protogere said.
At issue is the 630-megawatt power-generating plant Duke is building to replace its existing 130-megawatt plant in northern Knox County. * * *
In the lawsuit, the Sierra Club alleges that Duke Energy and its Cinergy predecessors made repeated modifications to boilers and associated equipment at the old Edwardsport plant over the years without installing additional pollution controls or obtaining permits, violating the New Source Review provision of the Clean Air Act.
That provision requires the oldest and dirtiest power plants and refineries to install modern pollution controls whenever they make major modifications that substantially increase pollution.
The suit asks the federal court to stop Duke from proceeding with the new plant or operating the old one until pollution-control measures are installed and permits are obtained.
"We're saying that they should be held to a higher standard for pollution reductions than they are asking for in the permit — and we're saying they should have to reduce their pollution more than they want to; and our argument is based on the New Source Review requirements," said Bill Hayden, chairman of the Sierra Club's Hoosier Chapter executive committee.
Posted by Marcia Oddi on April 5, 2008 12:40 PM
Posted to Ind Fed D.Ct. Decisions