CLF Announces Intent to Sue MA Coal-Fired Plant

CONTACT: Shanna Cleveland, (617) 850-1716 scleveland@clf.org
Caitlin Inglehart, 617.850.1755, cinglehart@clf.org

BOSTON, MA (APRIL 22, 2009) Conservation Law Foundation today announced its plans to initiate a federal court challenge against one of New England’s oldest and most polluting power plants for violating the federal Clean Air Act. At an Earth Day vigil held on the Brightman Street Bridge in Somerset, Massachusetts , CLF announced that it has taken the necessary steps to pursue such action against global energy giant NRG Energy, Inc. owner of Somerset Station, a coal-fired power plant that previously had agreed to shut down or clean up by January 2010.

Several years ago, when it was facing strict limits on the emission of carbon dioxide and other air pollutants under Massachusetts’ “Filthy Five” power plant rules, NRG had agreed to shut down or clean up the 80-year-old plant by 2010. But in 2007, the Massachusetts Department of Environmental Protection (DEP) granted NRG permission to retrofit the plant with experimental coal gasification technology, without even undergoing the rigorous environmental review that should have been required. According to CLF’s analysis, if this project is allowed to move forward the facility would continue to release unacceptable quantities of global warming pollution for decades to come, and its toxic air emissions are likely to increase above historical amounts.

“At a time when we are facing down the potentially catastrophic impacts of climate change, it is irresponsible to prolong the life of a dirty, fossil-fuel fired coal plant for decades to come,” said Shanna Cleveland, a staff attorney at CLF. According to Sylvia Broude, Lead Organizer at Toxics Action Center “Approving this coal project despite its clear contributions to global warming and other dangerous pollutants would move Massachusetts absolutely in the wrong direction as we strive to build a new – and truly clean – energy economy.”

CLF has been working with Somerset residents, Toxics Action Center , Clean Water Action, and Environment Massachusetts to enforce Somerset Power’s obligation to shut down or clean up the plant. Following a final decision in 2008 by Massachusetts DEP to allow NRG to retrofit the plant with coal gasification technology without a full review of environmental impacts and alternatives, CLF and Somerset residents filed a state court case to stop the project. Reverend James Hornsby explained, “We must move beyond coal, and we can. The time is now to move to renewables and energy efficiency.”

Now, CLF is poised to bring suit against NRG in federal court as well, for failing to obtain a pre-construction permit in violation of federal law. “We believe NRG is inappropriately trying to evade federal review and permitting that is required for this project under the Clean Air Act,” said Shanna Cleveland, a staff attorney at CLF. In its federal lawsuit, CLF will ask the Court to require NRG to submit the coal gasification project to review by the United States Environmental Protection Agency. Through the state and federal lawsuits, CLF will seek to require the facility to go through rigorous environmental review and adopt far cleaner technology.

The Conservation Law Foundation (www.clf.org) works to solve the most significant environmental challenges facing New England. CLF’s advocates use law, economics and science to create innovate strategies to conserve natural resources, protect public health and promote vital communities in our region. Founded, in 1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.