WildEarth Guardians

Thursday, October 29, 2009
Injunction Sought to Keep Coal-fired Boiler from Poisoning the Air

WildEarth Guardians Moves Federal Court to Halt Xcel's Plans to Illegally Operate Comanche 3 Coal-fired Boiler in Pueblo
Contact: Jeremy Nichols (303) 573-4898 x1303

DENVER-WildEarth Guardians today moved a federal judge to block Xcel Energy’s plans to illegally start-up and operate the Comanche 3 coal-fired boiler in Pueblo, Colorado.

“This is about protecting clean air and public health,” said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians. “We need to put a stop to Xcel’s brazen plans to poison the air.”

In a request for a preliminary injunction filed with U.S. District Court Judge Walker Miller, the move targets the failure of Xcel Energy to ensure the Comanche 3 boiler will meet legally required limits on toxic air pollution.

WildEarth Guardians filed suit against Xcel on July 2, 2009 over the failure of the company to ensure legally required limits on toxic air pollution will be met at Comanche 3. Under the Clean Air Act, toxic air emissions, including mercury-a potent neurotoxin, have to be limited using up-to-date control technologies. These limits must be established through a permit before construction of a source of air pollution even begins.

Xcel started construction of Comanche 3 in 2006, yet never obtained a permit limiting toxic emissions. In early 2009, both the U.S. Environmental Protection Agency and the Colorado Department of Public Health and Environment informed the company had to control toxic air pollution as required by the Clean Air Act. Despite this, Xcel is moving forward to start-up Comanche 3 in November and to have the boiler fully operational by January without legally required controls.

With up-to-date controls, Xcel could reduce mercury by 95% or more from the smokestack of Comanche 3. Currently, the company plans to reduce mercury by only 80%.

“Sadly, Xcel refuses to comply with the law and limit toxic air pollution from Comanche 3,” said Nichols. “Since we can’t count on Xcel to keep us safe, we need a court to order a halt to the start-up and operation of Comanche 3.”

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.

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.

Read the brief here.