EPA sues Illinois power plants!

Legal news for Illinois government attorneys. Midwest Generation charged with violating the Clean Air Act.

Illinois government attorneys alert- The Environmental Protection Agency sues Illinois coal-fired power plants for violations of the Clean Air Act.

Chicago, IL—Illinois Attorney’s General’s office, and the Justice Department filed a civil lawsuit on behalf of the U.S. Environmental Protection Agency (EPA) http://www.epa.gov/ against Midwest Generation LLC on Thursday, August 27, 2009 in the Northern District of Illinois. The civil complaint accuses Midwest Generation of repeated violations the Clear Air Act, as reported by the EPA.

The lawsuit accuses Midwest Generation, which owns six coal-fired power plants, of neglecting to install the federally required pollution control system when they conducted major modifications to its Illinois-based plants. As a result of failing to install the pollution control system, the power plants released vast amounts of sulfur dioxide, nitrogen oxide, and particulate matter into the air. In addition, the lawsuit charges Midwest Generation of exceeding the limits of opacity and particulate matter. The plaintiffs are asking the court to order Midwest Generation to install, and operate the appropriate pollution control equipment to reduce the vast amounts of emissions released by the plants. The claimants are also asking Midwest Generation to take appropriate corrective steps in rectifying the public health and environmental effects caused by the toxic emissions. In addition, the plaintiffs are asking that Midwestern Generation be assessed civil penalties at the maximum level allowed by law. Officials stated, the six Illinois-based coal-fired power plants together emit more pollution into the air supply then any other source in the United States. The toxic emission produced by the plants can cause heart attacks, respiratory diseases, and early death.

Legal News Reporter: Nicole Howley-Legal news for government lawyers practicing in Illinois.