Howard’s blog

Litigation Victory! Federal Court Finds that Dynegy’s Edwards Coal Plant Violates Law on Particulate Pollution and Opacity

Victory! ELPC and our partners won a major victory as Federal District Court Judge McDade just issued a very favorable decision granting us summary judgment in our lawsuit challenging excessive particulate emissions, which exacerbate respiratory problems, from the old Edwards coal plant near Peoria, IL. The Court’s opinion holds that a Dynegy subsidiary, the plant owner, violated the Edwards coal plant’s operating permit thousands of times over seven years – emitting an illegal amount of harmful soot pollution.

ELPC attorneys Jenny Cassel and Justin Vickers represent client plaintiffs Respiratory Health Association and Sierra Club, and we are working with co-plaintiff Natural Resources Defense Council. Together, we alleged that the Edwards coal plant was not properly controlling soot pollution – also known as “particulate matter,” which is associated with asthma, decreased lung function, and other respiratory problems.

This important legal victory reinforces the ability of environmental advocacy organizations to bring and win citizen enforcement lawsuits against polluters, even when state agencies do not enforce the permits they issue. It’s time for Dynegy to recognize that if it is going to continue to operate the Edwards plant, it must follow the law by installing sufficient modern pollution control equipment.

Going forward, the case will shift to a “remedy” phase for the Judge to determine what steps Dynegy must take to reduce pollution and comply with its permit, as well as what penalties should be paid for violations.

Kudos to ELPC attorneys Jenny Cassel and Justin Vickers and our partners who all worked hard on this case. This court decision will reduce pollution and set a precedent for environmental enforcement lawsuits brought in the public interest.

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