Guardians Targets 2,454 Violations of Clean Air Act at Coal-fired Power Plant

Lamar, Colorado Power Plant's Own Reports Show Ongoing Violations of Toxic Pollution Limits

Denver—Clean air and community health in the eastern plains town of Lamar, Colorado need relief from illegal air pollution, Guardians argued in a motion filed in federal court late yesterday, charging the town’s coal-fired power plant of violating the Clean Air Act 2,454 times.

“This is dirty energy gone rogue at the expense of the health and welfare of the community” said Jeremy Nichols, WildEarth Guardians’ Climate and Energy Program Director.  “We need the court to grant relief and finally put an end to this illegal operation.”

In 2011, Guardians filed suit against the Arkansas River Power Authority and the Lamar Utilities Board, the owner and operator of the 43 megawatt Lamar coal-fired power plant, for violating limits on toxic gases, including nitrogen oxides, sulfur dioxide, and carbon monoxide.  All three gases are poisonous at high levels and pose myriad other negative health impacts.

The power plant converted from natural gas to coal in 2009 and since then, has violated one or more pollution limits on virtually every day that it has operated.  The plant is now offline due to the failure of the power company to meet its air quality permit.

In a motion filed with the U.S. District Court for the District of Colorado, Guardians called on the Court to rule that the Arkansas River Power Authority violated its air pollution limits 2,454 times.  Relying on the utility’s own reports to the State of Colorado, the motion asks the Court to hold the company liable for the violations.  A favorable ruling will open the door for Guardians to recover penalties and to force the utility to make the necessary changes at the plant to ensure violations never happen again.

A federal judge last fall already ruled that the Arkansas River Power Authority violated the Clean Air Act by failing to secure a permit to limit hazardous air pollution, including mercury emissions, from its coal-fired power plant.  In that lawsuit, filed on behalf of WildEarth Guardians by the University of Denver Environmental Law Clinic, the utility now faces upwards of $50 million in penalties.  

The latest motion promises to hold the Arkansas River Power Authority further liable for violating the Clean Air Act, opening the door for cleaner energy sources to be brought online by the utility.

“The situation in Lamar underscores that we can no longer bear the true cost of burning coal,” said Nichols.  “To this end, this isn’t about a violating coal-fired power plant, it’s about whether the Arkansas River Power Authority is going to start getting serious about developing clean energy for southeastern Colorado.  Truly, this is about turning clean air liability into clean energy opportunity.” 

The Court will likely rule on the motion by the end of the year.


 

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