Edward Smith, edward.smith@sierraclub.org
St. Louis, MO -- The Missouri Department of Natural Resources (DNR) needs to withdraw and rewrite the draft water pollution permit for Ameren’s Labadie coal plant so it complies with the Clean Water Act (CWA). The Environmental Protection Agency (EPA) should intervene if DNR refuses to enforce federal laws like the CWA. This is the message that concerned citizens will send to the DNR during a virtual public hearing for the draft permit tonight.
“It is infuriating that our state’s environmental law enforcement agency is allowing Ameren to pass the cost of its coal power plant pollution on to the public instead of enforcing our environmental laws meant to protect you and me,” said Patricia Schuba, volunteer President of the Labadie Environmental Organization. “Ameren’s public relations promoting its commitment to the environment doesn’t pass the smell test when the utility’s lobbying, regulatory, and legal activities are closely examined.”
The Washington University Interdisciplinary Environmental Clinic (IEC), on behalf of Sierra Club, legally challenged the water pollution permit authorized by DNR in 2015 for violating the Clean Water Act. The Administrative Hearing Commission (AHC), five years later, has not ruled on the merits of the legal challenge. Ameren is asking for the AHC to render our legal challenge moot now that DNR is in the midst of rewriting the water pollution permit because it is supposed to be renewed every five years.
“The AHC’s failure to issue a recommended decision on Sierra Club’s legal challenge -- 2 ½ years of unwarranted administrative delay -- represents a complete failure of the administrative process,” said Tara Rocque, attorney and Assistant Director of the IEC. “AHC is allowing the DNR to issue a wholly ineffective water pollution permit for Ameren Missouri without fear of being held accountable. This is why the EPA may need to intervene.”
The draft permit, known as a National Pollution Discharge Elimination System permit, violates the Clean Water Act because the thermal pollution from the hot water being discharged does not consider its impact on endangered species like the pallid sturgeon and lake sturgeon. The draft permit also gives Ameren five years to conduct a hydrologic study even though DNR already knows there are elevated levels of toxins in the groundwater and the utility has submitted documents showing that groundwater flows toward the Missouri River.
The public comment period is open through July 14, 2021. People can learn more about this issue and take action by visiting www.SC.org/Labadie before the comment deadline.
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.