WildEarth Guardians

Thursday, July 2, 2009
WildEarth Guardians Targets Xcel Energy's Plans to Stick Colorado With More Mercury Contamination

Coal Burning Boiler in Pueblo Being Constructed Without Legal Limits on Potent Poison
Contact: WildEarth Guardians

DENVER-In a move to safeguard public health, and to protect Colorado’s waters and wildlife, WildEarth Guardians today filed suit against Xcel Energy for failing to control harmful mercury emissions from the new Comanche 3 coal-fired boiler in Pueblo. The lawsuit targets the company’s ongoing and illegal construction of the boiler without legal limits on toxic air pollution.

"This is a matter of preventing poisoning," said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians. "Xcel Energy is plowing ahead to fire up its smokestack without first ensuring full protection of public health and welfare. That's not only dangerous, it's illegal."

Mercury is a potent neurotoxin that has contaminated the fish in 20% of Colorado's lakes and reservoirs. Once constructed, the Comanche 3 boiler is permitted to release 131 pounds of mercury every year, roughly equal to the amount in 60,000 household thermometers. According to the U.S. Environmental Protection Agency, just one household thermometer is enough to contaminate the fish in a lake with a surface area of 20 acres.

Today's lawsuit comes as Xcel Energy was recently granted a $107 million rate increased from the Public Utilities Commission to cover the costs of the Comanche 3 boiler. That rate increase is projected to increase monthly household electricity bills by 7.7%.

"It's bad enough Xcel is going to saddle Colorado with more contamination, now they want to saddle us with higher bills," said Nichols. "For the sake of our future generations, this has to stop."

Under the Clean Air Act, toxic air emissions, including mercury, have to be limited using up-to-date control technologies. These limits are required to be established through a permit before construction of a source of air pollution even begins. In the case of Comanche 3, Xcel Energy started construction 2006, yet never obtained a permit limiting toxic emissions with modern controls. With modern controls, Xcel Energy could reduce mercury by 95% or more from the smokestack of Comanche 3. But even after the Colorado Department of Public Health and Environment informed Xcel of the need to control emission earlier this year, Xcel is continuing to move forward with construction of Comanche 3, which the company projects will be completed by the end of 2009.

WildEarth Guardians’ lawsuit was filed under the Clean Air Act, which gives citizens the right to file suit against polluters to enforce the law. WildEarth Guardians is being represented by the University of Denver Environmental Law Clinic. For a copy of the lawsuit, contact Jeremy Nichols, jnichols@wildearthguardians.org or click here.