Health and Environment Groups Intervene in Federal Pollution Case Against Coal Plant Operator

CHICAGO (October 12, 2009) — A coalition of health and environmental groups have rejoined the fight over illegal air pollution from a fleet of six aging coal plants owned and operated by Midwest Generation, LLC in Illinois. The coalition had signaled their intent to sue the company for violating the Clean Air Act  this summer before the US Environmental Protection Agency (USEPA), US Department of Justice (DOJ), and Illinois Attorney General stepped in and filed suit last month. The government suit supersedes the suit that the coalition had initiated, so the groups are moving to intervene in support of the new case.

The coalition members, Citizens Against Ruining the Environment (C.A.R.E.), The Environmental Law and Policy Center (ELPC), Natural Resources Defense Council (NRDC), Respiratory Health Association of Metropolitan Chicago and Sierra Club, filed a motion to join the suit relating to issues of 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.

Midwest Generation’s own reports document that all of the company’s coal plants regularly violate opacity regulations. The coalition has chosen to support the government suit in the hope for quick relief in court that will force Midwest Generation to clean up or close these facilities.

Following are comments from coalition members:

“It is well past time for Midwest Generation to clean up or close these plants,” said Henry Henderson, Director of the Midwest Program for NRDC. “All of the groups in this coalition are representing the interests of their members who are feeling the direct impacts of pollution from these plants—it’s the reason we feel so strongly about bringing this fight in the courtroom. And it is why we feel so strongly that the federal agencies and Illinois AG are doing the right thing by taking on this suit.”

“Illinois citizens have been suffering the health impacts of Midwest Generation’s pollution for too long.  We’ve been working for years to force Midwest Generation to obey the law and clean up these old, dirty coal plants,” said Faith Bugel, Senior Attorney for the Environmental Law and Policy Center. “By intervening in this case, we’ll make sure that local voices are heard in support of the government’s action.”

“C.A.R.E has been focused on this issue for 14 years,” said Carol Stark, Director of Citizens Against Ruining the Environment. “Clean Air has been a main objective since our inception and trying to achieve that has been one of our longest campaigns. We have attended numerous hearings, meetings, writing editorials, researching, and have been networking with other environmental groups for over a decade, so it is a thrill to see this issue moving to the courtroom where we hope it will finally be put to rest.”

 “Chicago’s air is still dirty and forcing some of the largest polluters to comply with clean air laws is where we are focusing our energies,” said Brian Urbaszewski, Director of Environmental Health Programs for Respiratory Health Association of Metropolitan Chicago. “Up to 35 percent of children in some Chicago neighborhoods have asthma.  We cannot allow this company to pump huge amounts of black smoke into the air where families are simply trying to raise their children.”

“Midwest Generation’s coal plants have been polluting our communities and blocking our path to a clean energy economy for too long,” said James Gignac, Midwest Director of Sierra Club’s Beyond Coal Campaign.  “It’s time for them to pay the piper, and we want to make sure the government acts swiftly to enforce the law and hold Midwest Generation accountable.”