WildEarth Guardians

Wednesday, April 1, 2009
WildEarth Guardians to Sue Xcel Energy over 11,000 Violations of Clean Air Laws at the Coal Burning Cherokee Power Plant

Announcement Comes as Coloradoans Rally in North Denver to Power Past Coal and Challenge Foolishness of Fossil Fuels
Contact: WildEarth Guardians

DENVER-In a move to safeguard public health, the climate, and local communities, WildEarth Guardians today announced the group intends to sue Xcel Energy over 11,000 violations of clean air laws at the Cherokee coal burning power plant in North Denver.

“Clean air starts with holding Xcel accountable to our health and well-being,” said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians. “It’s time to power past coal and toward clean energy solutions, starting with the Cherokee power plant.”

The announcement comes amid an April Fools Day rally of concerned citizens, health experts, and environmental and neighborhood leaders in support of powering past coal. Led by WildEarth Guardians, and joined by Sierra Club, Greenpeace, Clean Energy Action, SafeMinds, students, church members, and affected nearby communities, the “Fossil Fools Day” rally, held in the shadow of the Cherokee coal burning power plant at Denver’s Heron Pond Natural Area, is calling on Governor Ritter to help Colorado seize clean energy solutions and keep Coloradoans safe from coal. Carrying handmade signs and holding pinwheels to symbolize a transition to clean energy, dozens of citizens demonstrated their frustrations with the status quo and their hope for protecting their future.

Xcel’s coal-fired power plants are major sources of harmful air pollution. “Xposing Xcel: the Toll of Coal on Colorado,” a report by WildEarth Guardians found that Xcel’s coal-fired power plants in Colorado release nearly 25% of the state’s toxic air pollution, including 45% of all mercury emissions. The report also found that Xcel’s plants are the largest source of global warming pollution in Colorado, releasing 17% of all carbon dioxide in the state. The report is available at ../support_docs/report_xposing-xcel1.pdf.

And, although Xcel has made progress in developing renewable energy in Colorado, even going so far as to shutter two of the company’s smallest coal-fired power plants, this progress is likely to be undermined in the coming year. According to the “Xposing Xcel” report, once the company’s new Comanche 3 boiler in Pueblo is fired up in 2010, global warming pollution will increase by nearly 4,000,000 tons annually, as much as is released by more than 660,000 passenger vehicles.

The “Xposing Xcel” report also found that the Cherokee plant, the largest coal burning power plant in the Denver metro area, is the largest single source of carbon dioxide in Colorado. The plant includes four coal-fired boilers, which burn more than 2 million pounds of coal annually, and three smokestacks that spew 18,709 pounds of hydrochloric acid and 162 pounds of mercury, among other toxic chemicals. The amount of mercury released roughly equals the amount in over 100,000 household thermometers.

According to Xcel’s own data, the company has violated its air pollution permit more than 11,000 times in the last five years at the Cherokee power plant. The plant has violated limits on the opacity, or thickness, of smoke over 400 times. Opacity is an indicator of particulate matter, which includes soot, ash, toxic metals, sulfur and acid gases. Compounding the problem is that the company has failed to properly monitor for opacity at the plant. By law, Xcel is required to continuously monitor opacity to keep harmful emissions in check. The company’s own records show that their opacity monitors have failed for a total of over 1,100 hours, or nearly 50 days.

“We need electricity, but that shouldn’t come at the expense of our health, our quality of life, and the climate,” said Nichols. “It’s time to power past coal, starting with the Cherokee power plant; it’s time to get clean energy solutions in gear.”

Under the Clean Air Act, citizens can take legal action to stop clean air violations, impose fines, and protect public health, but must first give 60 days notice. If after 60 days, WildEarth Guardians cannot resolve the violations with Xcel, the group will file suit in federal court in Denver.

WildEarth Guardians is dedicated to protecting and restoring the American West and is leading the charge to protect North Denver and Colorado from the harmful impacts of coal burning, and to promote clean energy solutions.