WildEarth Guardians

Monday, March 21, 2011
WildEarth Guardians Files Second Lawsuit Against Lamar Coal-fired Power Plant

More than 2,000 clean air violations uncovered at beleaguered plant
Contact: Jeremy Nichols (303) 573-4898 x 1303

Denver—Stepping up efforts for clean air, WildEarth Guardians today filed suit against the Lamar Utilities Board and the Arkansas River Power Authority over more than 2,000 violations of the Clean Air Act at the Lamar, Colorado coal-fired power plant.

“The Lamar power plant continues to turn its back on the very laws meant to keep communities safe from air pollution,” said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians.  “It’s time to rein in the irresponsible operation of this dangerous coal-fired power plant.”

The 43 megawatt Lamar power plant was permitted to convert from natural gas to coal in 2007 and since has been plagued with problems.  In late 2009, WildEarth Guardians filed suit in federal court in Denver against the Lamar Utilities Board and Arkansas River Power Authority for constructing the coal plant without a determination that it will use the Maximum Achievable Control Technology to reduce emissions of mercury and other hazardous air pollutants.  That lawsuit is ongoing.

In the meantime, WildEarth Guardians has uncovered that the Lamar plant has tallied up more than 2,212 clean air violations since the plant officially began operation in May of 2009.  According to the utilities’ own monitoring data submitted to the State of Colorado, violations of multiple emission limits have been recorded at the plant’s smokestack.  According to the data, the plant has violated its emission limits on an almost regular basis, exceeding limits on sulfur dioxide, nitrogen oxide, carbon monoxide, and particulate matter, all of which are linked to number of adverse health effects.

Not only that, but the utilities have failed to continuously monitor emissions of nitrogen oxides, sulfur dioxide, carbon monoxide, and particulate matter, as required by their permit.  In total, the plant failed to monitor its air pollution for more than 2,000 hours between May 2009 and December 2010.

According to the U.S. Environmental Protection Agency (“EPA”), nitrogen oxide gases can adversely affect respiratory health, aggravate heart disease, and lead to a host of other adverse respiratory health effects, and contribute to the formation of ground-level ozone, the key ingredient of smog. Sulfur dioxide is also a respiratory irritant with studies showing short-term exposure can lead to increased visits to emergency rooms for respiratory illness. Particulate matter is linked to increased respiratory symptoms and difficulty breathing, decreased lung function, aggravated asthma, chronic bronchitis, irregular heartbeat, nonfatal heart attacks, and even premature death in people with heart or lung disease.  

Citizens can file suit in federal court under the Clean Air Act against polluters that are violating their permit.  Today’s lawsuit was filed in the U.S. District Court for the District of Colorado in Denver.  Under the Clean Air Act, Lamar Light and Power and the Arkansas River Power Authority could be penalized as much as $37,500 per day for each violation, meaning the utilities face more than $78,500,000 in penalties.

WildEarth Guardians is a nonprofit organization dedicated to protecting and restoring the wildlife, wild places, and wild rivers of the American West.  With over 3,500 members in the West and offices in Colorado, New Mexico, and Arizona, WildEarth Guardians works to promote clean energy and hold fossil fuels accountable to protecting public health and the environment.