The lawsuit relates to opacity violations.  Opacity is a measurement of the amount of light blocked by particulate matter coming from smokestacks. Particulate matter is fine dust and soot that stays close to the plant and concentrates negative air quality and health effects in nearby communities leading to respiratory illnesses and premature deaths. The USEPA has cited Midwest Generation’s coal plants for numerous air pollution-related violations.

Researchers from the Harvard School of Public Health have found that the Fisk and Crawford plants in Chicago are responsible for 41 premature deaths, 550 emergency room visits and 2800 asthma attacks annually. Midwest Generation owns coal plants in Chicago, Waukegan, Joliet, Romeoville and Pekin, Illinois.

Read ELPC’s Press Release

Read Coverage in the Joliet Herald News

ELPC has worked with citizen groups to oppose the new plants because they would be unnecessary, expensive and would create huge amounts of pollution that contributes to global warming and threatens human health.

 As ELPC Senior Attorney Faith Bugel told the Detroit News, “This report shows that clean energy can power Michigan’s future. Moving away from outdated coal power will build our economy and protect our environment.”

Last year, Michigan Governor Jennifer Granholm ordered the state Department of Environmental Quality (DEQ) to examine whether the state’s energy needs could be met by renewable sources and energy efficiency before granting Clean Air Act permits for any new coal plants. A final decision on whether to grant Clean Air Act permits to Wolverine and Consumers Energy rests with the state Department of Environmental Quality, which promises a ruling by the end of this year.

Read Coverage in the Detroit News

ELPC has been working with a coalition of health, environmental and community groups to force Midwest Generation comply with the Clean Air Act and clean up its coal plants. On July 28, 2009, ELPC and the coalition filed a 60 day notice of their intent to sue Midwest Generation for Clean Air Act violations.

“Midwest Generation’s own reports show that they have been breaking the law and endangering public health for years,” said Faith Bugel, Senior Attorney for ELPC. ”We’re encouraged to see that U.S. EPA and the State of Illinois are holding Midwest Generation accountable for breaking the law. ELPC and our colleagues will remain engaged as the lawsuit moves forward.”  

Researchers from the Harvard School of Public Health have found that pollution from nine coal plants in northern Illinois causes 311 premature deaths, 4100 emergency room visits, and 21,500 asthma attacks annually. Midwest Generation owns coal plants in Chicago, Waukegan, Joliet, Romeoville and Pekin, Illinois.

Read Coverage in the Plainfield Sun and Wall Street Journal

A loophole in the Clean Air Act has allowed existing power plants to avoid installing modern pollution controls. ELPC is working with numerous environmental groups, state governments and others to require aging coal-fired power plants to install these modern technologies.

In Chicago, we are working to reduce pollution from the Fisk and Crawford coal plants, as well as other plants owned by Midwest Generation. In late July 2009, ELPC and a coalition of Illinois health and environmental groups filed a “60-day notice letter” informing Midwest Generation of their intent to sue the company because its coal plants violate their opacity limits.  This action helped spur the US EPA and Illinois Attorney General to file a lawsuit against Midwest Generation in August 2009. ELPC and our partners joined to suit in October 2009.  

Demanding Stricter Pollution Standards for New Coal Plants

In Michigan, ELPC is lead counsel for a coalition that is opposing requested permits for the new 600-megawatt Wolverine coal plant proposed for Rogers City, Michigan.  Our work to challenge Wolverine has been a massive, coordinated statewide effort which includes numerous letters to the Michigan Department of Environmental Quality (DEQ) and Governor Granholm’s office, documenting the legal deficiencies with 8 coal plants proposed for the state.  The coalition scored a major victory when Governor Granholm announced an executive directive requiring analysis of whether there is a need for or cleaner alternatives to a coal plant prior to allowing it to be permitted. 

In Kentucky, ELPC represents the Kentucky Chapter of the Sierra Club and two other Kentucky organizations, Save the Valley and Valley Watch, in a challenge to a Prevention of Significant Deterioration/Title V air permit issued to Louisville Gas and Electric.

As new coal plant units are proposed and enter the permitting phase, ELPC is acting as a regional watchdog to identify potential new permit challenges and gaps in legal coverage.

Recent Highlights

The coalition members, Citizens Against Ruining the Environment, The Environmental Law & Policy Center, Natural Resources Defense Council (NRDC), The Respiratory Health Association of Metropolitan Chicago and Sierra Club, filed a 60-day notice of their legal challenge today, the first step in a Clean Air Act citizen suit. This action brings a new legal development in an ongoing campaign by environmental, health and community groups representing the communities in which the coal plants are located.

Researchers from the Harvard School of Public Health have found that pollution from 9 coal plants in northern Illinois causes 311 premature deaths, 4100 emergency room visits, and 21,500 asthma attacks annually. Midwest Generation owns coal plants in Chicago, Waukegan, Joliet, Romeoville and Pekin, Illinois.

Read ELPC’s press release here.

Watch: ABC7 Chicago’s coverage of the story.

Josh Mogerman, NRDC 312-651-7909

773-531-5359 (mobile)

Becki Clayborn, Sierra Club 312-251-1680 x9

815-236-9479 (mobile)

Brian Urbaszewski, RHAMC 312-608-0245

312-405-1175 (mobile)

Health and Environmental Groups Announce Intent to Sue Illinois Coal Plant Owners for Violating Clean Air Act

CHICAGO – A coalition of Illinois health and environmental groups notified Midwest Generation, LLC of their intent to sue the company because its coal plants release illegally high amounts of particulate matter that leads to respiratory illnesses and premature deaths in nearby communities. The suit follows a number of air pollution-related citations from the United States Environmental Protection Agency (EPA) against Midwest Generation’s coal plants in the state, particularly the Fisk and Crawford Generating Stations located within the Chicago city limits.

The coalition members, Citizens Against Ruining the Environment, The Environmental Law and Policy Center, Natural Resources Defense Council (NRDC), The Respiratory Health Association of Metropolitan Chicago and Sierra Club, filed a 60-day notice of intent to sue today, the first step in a Clean Air Act citizen suit. This action brings a new legal development in an ongoing campaign by environmental, health and community groups representing the communities in which the coal plants are located. All of the plants are located in working class and/or minority neighborhoods.

Researchers from the Harvard School of Public Health have found that pollution from 9 coal plants in northern Illinois causes 311 premature deaths, 4100 emergency room visits, and 21,500 asthma attacks annually. Midwest Generation owns coal plants in Chicago, Waukegan, Joliet, Romeoville and Pekin, Illinois.

The potential lawsuit focuses on the coal plants’ opacity violations. Opacity is a measurement of the amount of light blocked by particulate matter coming from smokestacks. Particulate matter is fine dust and soot that stays close to the plant and concentrates negative air quality and health effects in nearby communities. EPA issued a notice of violation to Midwest Generation in August 2007 but has failed to take meaningful action to force clean ups at the plants and has allowed the plants to continue violating the law for the past two years.

Because of their age, Midwest Generation’s coal plants are subject to more lenient opacity regulations than more modern plants. But Midwest’s Generation’s own reports document that all of the company’s coal plants regularly violate even these relaxed opacity regulations. Installing modern pollution controls could greatly reduce particulate matter from these plants.

Comments from coalition members:

“C.A.R.E. has spent the last fourteen years fighting for the more stringent laws that are needed to protect citizens’ health,” stated Carol Stark, Director of Citizens Against Ruining the Environment – C.A.R.E. “After forty years of pollution from these dirty plants, it is time to say ENOUGH! Midwest Generation, do the right thing: correct the problem, or shut down!”

“For years, Midwest Generation has resisted installing pollution controls and violated federal laws in order to run these old, dirty plants as cheaply as possible,” said Faith Bugel, Senior Attorney for the Environmental Law and Policy Center. “People living near these plants have to breathe polluted air because Midwest Generation wants to cut costs.”

“These dirty coal plants are a threat to the public health and safety, as well as a liability to Illinois’ clean energy future,” said Henry Henderson, Director of the Midwest Program for NRDC. “Midwest Gen has not lived up to its obligation to the communities where their plants sit. It is well past time for them to cleanup or close for good.”

“Even today, these ancient coal power plants continue to belch smoky black clouds in the heart of a major metropolis, putting millions of children, parents and grandparents at risk,” stated Brian Urbaszewski, Director of Environmental Health Programs for Respiratory Health Association of Metropolitan Chicago. “If these coal plants can’t even comply with clean air laws from the 1970’s they should be shut down and not allowed to operate until effective pollution controls are installed. No corporation should be above the law.”

“Midwest Generation’s free ride needs to stop,” said James Gignac, Midwest Director of Sierra Club’s Beyond Coal Campaign. “Across the country, including right here in Illinois, Americans are saying they don’t want dirty power from a greedy industry looking to skirt the rules. We want clean energy that will boost the economy, create jobs, and reduce our global warming pollution.”

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The Environmental Law and Policy Center is the Midwest’s leading environmental legal advocacy and eco-business innovation organization

The Natural Resources Defense Council is a national, nonprofit organization of scientists, lawyers and environmental specialists dedicated to protecting public health and the environment. Founded in 1970, NRDC has 1.2 million members and online activists, served from offices in New York, Washington, Chicago, Los Angeles, San Francisco and Beijing.

Respiratory Health Association of Metropolitan Chicago (RHAMC) has been a local public health leader since 1906. Today the Association fights lung disease and promotes healthy lungs by supporting research, advocacy, and educational efforts on behalf of individuals and families affected by lung cancer, asthma, COPD (chronic bronchitis and emphysema), and other lung diseases.

The Sierra Club is the nation’s oldest and largest grassroots environmental organization. Its Beyond Coal Campaign is working to retire old coal plants that are the worst contributors to health-harming soot and smog pollution and replace them with clean energy solutions.

More than 175 scientists from universities across Michigan delivered a letter to the Michigan Congressional Delegation urging strong federal policy action on climate change.  The effort to bring the scientists together around this critical area of consensus was led by ELPC Science Advisory Council member Knute Nadelhoffer, who is a professor of Ecology and Evolutionary Biology at the University of Michigan and Director of the University of Michigan Biological Station at Pellston.  The letter began:

“As scientists living and working in colleges and universities in the state of Michigan, we urge the Michigan Congressional delegation to support strong federal policies for rapid and deep reductions in emissions of carbon dioxide and other greenhouse gases. We are convinced that immediate action is necessary to avoid the worst consequences of global warming on Michigan’s economy and environment, including the Great Lakes.”

The scientists noted that getting scientists to agree on any one thing is often a challenge, but “when it comes to climate change and the need for action now, we all agree: Congress must pass measures to protect Michigan and the Great Lakes from climate change.”

Read the letter and list of scientists.

The interview is part of the larger cover story on the new Obama Administration’s environmental policies. Read the interview.

The editors echoed ELPC’s call for the Iowa Utilities Board to require a strong efficiency plan from the utility Investing in renewable energy and energy efficiency will create jobs, save money, reduce pollution and eliminate the need for an expensive new coal plant.

Read the editorial here.