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
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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