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Wednesday, July 09, 2008

Environment - "BP Whiting’s air permit challenged" in Federal Court [Updated]

The Gary Post-Tribune this afternoon has a breaking news item by Gitte Laasby:

The Natural Resources Defense Council filed an appeal today against BP Whiting’s plant modernization project air permit in federal court in Hammond.

The NRDC argues that BP and the Indiana Department of Environmental Management have not properly accounted for increases in pollution that will result from the refinery modernization.

The increased pollution requires that the refinery control its pollution more effectively, and operate under a more stringent permit, the NRDC said.

“The permits simply do not protect the public and do not live up to the law. The failure of Indiana and BP to take the public interest and the law seriously has forced the issue and required that this case be brought before the federal courts,” said Ann Alexander, senior attorney with the NRDC.

[Updated at 6:00 PM] The NWI Times also has the story, along with a link to the 23-page complaint. Christine Kraly reports:
HAMMOND | Environmentalists are taking another swing at BP’s new Whiting plant air permit, this time by suing the company in federal court.

The Natural Resources Defense Council filed a suit Wednesday against BP in federal court in Hammond for violations of the Clean Air Act, according to the NRDC.

The group’s lawsuit focuses primarily on three new flares -- the large torch structures used to relieve pressure in the refinery – planned as part of the refinery’s $3.8 billion expansion.

So what is the rationale justifying bringing suit in federal court?

The rationale is explained in Paragraph 2 of the complaint, which states that CAA Sec. 304(a)(3):

allows any person to bring suit against one who "proposes to construct or construct any new or modified major emitting facility" without a major source permit. This action seeks a declaration that the Project requires a major source permit pursuant to Parts C and D of subchapter I of the CAA, imposition of an appropriate penalty, and a preliminary and permanent injunction prohibiting further construction of the Project until BP applies for an receives such a permit from IDEM

Posted by Marcia Oddi on July 9, 2008 03:27 PM
Posted to Environment