Fwd: Victory against Duke Cliffside mercury emissions - EC

3 Dec 2008


      This ruling finds that power plants that got air permits under the 1995
Clean Air Mercury Rule (which was overturned Feb. 8, 2008) must comply
with the original MACT provisions, and that the exemptions in the 2005
CAMR do not provide a shield against the requirement to comply with
MACT. So, because we objected when WV-DEP rushed through the rule
changes to adopt CAMR, we can now say "See, We Told You So!"
JBK
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Megan Greenwood megan.greenwood@SIERRACLUB.ORG 12/3/2008 10:03 AM
We just received word that a federal Judge in North Carolina has ruled
for us 
that Duke Energy violated the law by constructing its new Cliffside
coal plant 
unit without complying with the Clean Air Act's requirements to
strictly control 
mercury and other hazardous air pollutants.  In the words of our
outside 
counsel John Suttles at Southern Environmental Law Center: the judge 
granted our Motion for Summary Judgment on Duke Energy’s liability
for 
constructing Unit 6 of its Cliffside coal plant without first obtaining
a 
determination that the new unit is designed and will be constructed and
operated to control its hazardous air pollution emissions to the
maximum 
extent possible.  This is the first ruling in the country that holds a
new unit 
that received its permit and began construction before the DC Circuit
struck 
down the Clean Air Mercury Rule must comply with the case-by-case
Maximum 
Achievable Control Technology requirements of the Clean Air Act.
Sanjay Narayan on our legal staff played a key role assisting SELC on
this 
case and deserves kudos.  Also, Molly Diggins, state chapter director,
deserves hearty congratulations for her in this litigation effort.
Opinion attached.
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