Groups to Take on Coal-Fueled Utility

Groups to Take on Coal-Fueled Utility

Jun 25 - Augusta Chronicle, The

Emboldened by a Supreme Court ruling this week that could force utility companies to upgrade aging coal-fired power plants, Georgia environmental groups filed a federal lawsuit Friday seeking to clean up one of the nation's largest coal plants.

The lawsuit would force the Environmental Protection Agency to require that energy company Georgia Power outline a timetable to reduce air pollution at Plant Scherer, a central Georgia utility it runs.

"Air quality is one of the most serious issues we're facing in Georgia and the Clean Air Act is very clear that there should be massive reductions in emissions from Plant Scherer," said Justine Thompson, the executive director of the Georgia Center for Law in the Public Interest, an advocacy group that provides free legalaid to environmental organizations.

The move comes on the heels of the Supreme Court's decision Monday against Duke Energy Corp., a utility company that had long resisted installing costly pollution controls.

Environmental groups predicted that the decision could force electric utilities to spend billions of dollars to limit pollution from coal-fired power plants and settle several outstanding government lawsuits.

Plant Scherer has long been a favorite target of Georgia environmental groups.

The plant has been named in studies ranking the nation's top carbon dioxide polluters, and Ms. Thompson said it also emits more than 50,000 tons of sulfur dioxide each year beyond the legal limit.

In December 2005, environmental lawyers asked the EPA to enforce stricter controls at the plant and complained that Georgia Power's permits didn't include a plan detailing how it would comply with the federal Clean Air Act.

After receiving no response from EPA officials, the groups sued the agency to force a reply.

It answered 60 days ago by rejecting the complaint, leading to this latest legal challenge, which was filed in the 11th Circuit Court of Appeals.

"We have taken every step we can to get the EPA to do the right thing. And they've ignored us, rejected us," Ms. Thompson said. "It's typical of how environmental policy is being done these days. The Bush Administration forces people to go to court to get their remedies."

A spokeswoman from the EPA declined to comment until the agency's lawyers could investigate the complaint.

Georgia Power, a subsidiary of Atlanta-based energy giant Southern Co., said it was waiting for the state's Environmental Protection Division to release a new set of air pollution requirements, which are expected in June.

Georgia Power spokesman John Sell added that the company is spending almost $2 billion to install controls on two of its plants in the Atlanta area, and that plans are being finalized to update Plant Scherer also.

"We don't think this lawsuit is necessary," he said.