This is such great news. I heard it on NPR this evening. It's about damn time our laws were enforced. Hooray for you Jim. Did the Appalachian Center help?
-----Original Message----- From: ec-bounces@osenergy.org [mailto:ec-bounces@osenergy.org]On Behalf Of James Kotcon Sent: Tuesday, October 09, 2007 5:32 PM To: dteaney@appalachian-center.org; ec@osenergy.org; aaron.isherwood@sierraclub.org; Regina Hendrix Subject: Re: [EC] [Fwd: [forestcouncil] Fwd: EPA ANNOUNCES LARGEST SINGLEENVIRONMENTAL SETTLEMENT IN HISTORY
I was the chief contact for WVEC on this suit. We joined states like New York, EPA and a dozen other groups including Sierra Club in alleging that AEP had violated the New Source Review provisions of the Clean Air Act which require that an existing plant that makes modifications that increase pollution, must meet the same air pollution standards as a New Source. AEP insisted that the changes were "routine maintenance", not "modifications", but agreed to penalties and clean-up requirements in the settlement.
This is one of several cases brought by EPA at the end of the Clinton Administration. VEPCO (Mt Storm power plant) had agreed to a settlement, but AEP dug in its heels and fought us for 8 years. These New Source Review rules were modified in 2001-2002 by the Bush Administration, so it would now be much harder to win such a case. But since it was a pre-existing case, AEP was judged under the previous rules. A major factor int he settlement was the Supreme Court decision this summer when the Court voted unanimously to overturn a decision from the Fourth Circuit and require another utility to meet these Clean Air Act standards. I suspect that AEP saw the hand-writing on the wall and, in any event, agreed to the settlement.
JBK
Regina Hendrix regina1936@verizon.net 10/9/2007 12:14 PM >>>
Can anyone fill me in on the background of this suit? Was this the suit originated sometime ago by Elliott Spitzer of New York? You will notice the State of WV was not among the plantiffs; however, OVEC and Sierra Club was.
Regina
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