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 Moving away from outdated coal power will build our economy and protect our environment.”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

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

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.

Leading environmental organizations have filed a brief calling for the Michigan Public Service Commission (PSC) to reject the energy efficiency and renewable energy plan filed by Consumers Energy. The groups argue the plan costs consumers too much and the energy efficiency plan does not do enough to reduce customers’ bills.

The brief argues that Consumers prices renewable energy far too high, placing an unreasonable burden on ratepayers. The environmental coalition emphasizes that Consumers’ renewable energy plan asks ratepayers to pay 60% more for renewable energy than neighboring Detroit Edison has proposed in its plan ($174/MWh versus $108 per MWh).

The coalition of groups that include the Michigan Environmental Council, Ecology Center, the Environmental Law & Policy Center and the Natural Resources Defense Council have been active participants in the PSC review of the plan during the last 60 days.  Read the coalition press release.

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.

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.

Advocating for Better Development

ELPC attorneys also continue to work with the Michigan Land Use Institute and the Michigan Environmental Council to promote reform of the transportation planning process through the adoption of Context-Sensitive Design policies, and with local community groups in Detroit to challenge the proposed Detroit Intermodal Freight Terminal (DIFT). The DIFT proposed by the Michigan Department of Transportation (MDOT) would likely increase air pollution and truck traffic significantly in a neighborhood that is already subjected to these harms. This increase in pollution and traffic, along with the displacement of homes and businesses required by the DIFT, would threaten the healthy development that has been taking place in this corner of Detroit – the only neighborhood where population has been increasing and community revitalization has been really taking hold.

ELPC believes the Michigan DOT’s Final Environmental Impact Statement (EIS) for the project, issued in December 2009, fails to adequately analyze the air pollution-related health impacts and environmental justice impacts, does not objectively consider no-expansion alternatives, and neglects to address possible strategies for mitigating the impacts of the DIFT. ELPC submitted comments on the Draft EIS back in 2005 raising these same issues, to which MDOT and and the Federal Highway Administration provided little response in the Final EIS. ELPC will be submitting comments on the Final EIS, and will continue to monitor the situation and work with local allies such as Southwest Detroit Environmental Vision and the Ecology Center to determine the appropriate next steps.