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 Moving away from outdated coal power will build our economy and protect our environment.”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 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.

ELPC Senior Attorney Faith Bugel is the lead counsel on the permit review for the Wolverine coal plant.  Bugel wrote comments reviewing the flaws in the permit application and shared them with the Governor’s office.  She cited failures at the federal, state and permit level, including the need to limit CO2 and fine particulates, and to seek cleaner alternatives according to the Michigan Environmental Protection Act.

“One month ago, we stood before the Michigan Department of Environmental Quality and called upon Michigan officials to lead the state into the next century by demanding cleaner alternatives to coal power,” said Bugel.  “We’re thrilled with the Governor’s announcement today. Michigan is ready to take action to protect the health of its citizens and to be a leader on global warming solutions.”

Read Greenwire’s article on the announcement.

The Rogers City plant is one of 8 new coal plants planned for Michigan. This ‘coal rush’ poses a serious threat to the Michigan’s environmental quality and the health of its citizens. As ELPC Senior Attorney Faith Bugel said, the proposal “is not about one permit for one plant. … This is Michigan’s time to decide. Will this state move forward into the 21st century and say that it is demanding better, cleaner options for its citizens?” Read more coverage of the event here.

Public health experts from Michigan State University and the University of Michigan explain the dangerous health effects of coal plants in this editorial.

We argued–and U.S. EPA agreed–that the plant is required to include all periods of operation when setting pollution limits under the Clean Air Act. The permit must now be rewritten by the state agency to comply with the U.S. EPA’s decision. A new and more stringent permit will result in better air quality for the state of Kentucky and most particularly for those residents living in close proximity to the new plant. ELPC will continue to scrutinize the permitting process and bring future challenges should there be any additional areas in which a new draft of the permit fails to meet Clean Air Act requirements.

Learn more about our work to curtail dirty coal plants.