Andy Knott, andy.knott@sierraclub.org
Vanessa Ramos, Vanessa.Ramos@sierraclub.org
St. Louis, MO - Today, a federal judge in St. Louis ordered Ameren to comply with the Clean Air Act by installing pollution controls at its Rush Island and Labadie coal-fired power plants. Following a trial on remedies earlier this year, U.S. District Judge Rodney Sippel entered a 157-page Memorandum Opinion today which summarized the Court’s rulings. Sierra Club intervened in this case in 2017.
In today’s opinion, Judge Sippel ruled that Ameren must apply for a permit at the Rush Island plant that includes “best available” scrubber technology to remove sulfur dioxide emissions. Judge Sippel further ruled that Ameren must operate the Rush Island plant in compliance with specific emission limits within four and one-half years. Research shows that installing scrubbers at coal-fired power plants reduce sulfur dioxide emissions by more than 90%.
Exposure to sulfur dioxide can harm the human respiratory system and make breathing difficult. Children, the elderly, and those who suffer from asthma are particularly sensitive to the effects of sulfur dioxide. Sulfur dioxide emissions also lead to the formation of small particles in the air called “particulate matter.” These particles may penetrate deeply into sensitive parts of the lungs and cause additional health problems.
The violations at Rush Island have been ongoing for twelve years. Dr. Joel Schwartz, a prominent scientist at Harvard’s School of Public Health and a key expert witness in the case, estimated that between 2007 and 2016, the violating emissions from Rush Island contributed to as many as 800 premature deaths.
“This is a clear victory for public health,” said Andy Knott, Senior Campaign Representative for the Sierra Club’s Beyond Coal Campaign. “Ameren should stop dragging its feet, comply with federal law and clean up this pollution. This is literally a matter of life and death.”
In addition, in order to remedy the effects of years of unlawful excess sulfur dioxide emissions at Rush Island, the Court ordered Ameren to install pollution controls called “dry sorbent injection” at Ameren’s Labadie plant to limit sulfur dioxide emissions and mitigate the effects of the prior pollution.
This lawsuit was originally filed in 2011 by the Department of Justice on behalf of the U.S. Environmental Protection Agency (EPA), alleging violations of the Clean Air Act’s New Source Review provisions. The lawsuit stemmed from Ameren undertaking significant modifications at its Rush Island plant without proper permitting, and avoiding the pollution controls mandated by the Clean Air Act for new and upgraded plants.
Following a liability trial, in 2017 Judge Sippel found that Ameren violated the Clean Air Act. The Judge then held a remedy-phase trial in April 2019 during which numerous experts testified. Sierra Club and the Department of Justice fought for scrubbers at Rush Island, and also argued that because Ameren unlawfully emitted excess sulfur dioxide pollution for twelve years, pollution controls were also necessary at Labadie. The Court agreed as set forth in today’s Opinion.
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3.5 million members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.