« Ind. Decisions - More on: "Jury rejects pollution suit against New Albany power plant" | Main | Ind. Decisions - More on: Supreme Court bars Geoffrey N. Fieger from temporary admission »

Saturday, May 24, 2008

Ind. Decisions - Still more on: "Jury rejects pollution suit against New Albany power plant"

A story today in the Indianapolis Star by John Russell and Erika D. Smith clarifies two fragments of the story posted in separate entries yesterday (here and here) by the ILB. Some quotes from the Star story:

A coal-burning plant in West Terre Haute violated the U.S. Clean Air Act when it substantially upgraded several areas more than a decade ago without installing pollution controls. But changes at four other plants were cleared.

The ruling, handed down by a federal jury in Indianapolis, raises questions about whether the Wabash plant's owner will have to install costly new scrubbers or instead might shut down several units where the violations were found.
Advertisement

The plant was owned by Cinergy, based in Cincinnati, at the time of the upgrades. Cinergy was bought by Duke Energy of Charlotte, N.C., two years ago for $9.1 billion.

The jury said Thursday that Cinergy Corp. violated environmental law on four projects at the plant from 1989 to 1992.

The jury, however, cleared Cinergy on 10 additional projects at four other power plants in Indiana and Ohio.

Duke and other industry officials called it a victory.

"We're pleased with the decision," Duke spokeswoman Angeline Protogere said.

The penalty phase of the trial will begin in December.

From a side-bar:
The jury ruled in favor of Cinergy on 10 projects at four other plants:
» The W.C. Beckjord power plant in New Richmond, Ohio.
» The Gallagher power plant in New Albany, Ind.
» The Gibson Station power plant in Gibson County, Ind.
» The Miami Fort power plant in Lawrenceburg, Ind.
Here is a copy of the verdict form.

[More] Here is today's report from the Terre Haute Trib-Star.

Posted by Marcia Oddi on May 24, 2008 09:00 AM
Posted to Environment | Ind Fed D.Ct. Decisions