CLF’s Case Against PSNH’s Coal Plant for Clean Air Act Violations Moves Forward

Christophe Courchesne

Merrimack-Station

Yesterday, CLF won a resounding early victory in our 2011 federal lawsuit against Merrimack Station, Public Service of New Hampshire’s (PSNH) coal-fired power plant in Bow, for blatant violations of the federal Clean Air Act.

The impetus for our suit dates back to 2008 and 2009, when PSNH made major upgrades to Merrimack Station that allowed the plant to increase its emissions of air pollution — upgrades that triggered permit and other requirements under federal law (and under the state regulations implementing federal law). But PSNH didn’t get those required permits and continues to operate the plant without complying with the modern limits on the plant’s air pollution that should apply. Even after constructing a $422 million scrubber, which helps reduce some pollution from the plant, PSNH still emits more pollution than federal law requires, harming air quality and public health.

CLF brought the suit against PSNH in 2011, seeking penalties (payable to federal taxpayers) and immediate compliance with the law.

It’s been more than two years since I last provided an update on the litigation. During that time, CLF has been fighting diligently to move the case forward. In numerous briefs, CLF urged U.S. District Court Chief Judge Joseph Laplante to reject PSNH’s motion to dismiss. CLF also brought to light additional Clean Air Act violations associated with PSNH’s upgrade projects and petitioned the Court to consider those violations as part of the original case.

Yesterday, Chief Judge Laplante issued an order (PDF) that denied PSNH’s motion to dismiss and granted CLF’s request to bring new claims. The Court agreed with CLF that PSNH’s motion relied on the wrong rules, holding that the motion’s foundation “cannot bear weight”; the Court also determined that CLF followed all applicable requirements to bring its new claims in the lawsuit.

Judge Laplante’s ruling means that our case against PSNH can finally move forward. Now, CLF will have the opportunity to work with engineering and other experts, obtain more documentation from PSNH, and ultimately prove our allegations to the Court.

As regulators and legislators consider the future of Merrimack Station and PSNH’s other inefficient, costly power plants, CLF will be working to ensure that PSNH is held accountable and isn’t allowed a free pass to evade the bedrock requirements of the Clean Air Act.

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