Edward Smith, edward.smith@sierraclub.org
Belleville, IL – A federal judge agrees with the Sierra Club that the Prairie State coal-burning power plant lacks enforceable air permits for its operation, which are a requirement under the Clean Air Act. The United States District Court of Southern Illinois ruled in favor of Sierra Club noting that Prairie State, the defendant, “has been operating the facility for a decade without any permit, and that the state and federal governments have simply ignored the Facility’s existence.”
At issue is that Prairie State lacks a federal Title V permit that’s required under the Clean Air Act, and why the Sierra Club filed a legal challenge regarding its operation.
In 2021, Prairie State exceeded federal limits on mercury emissions for one month, prompting a Violation Notice from the Illinois Environmental Protection Agency (IEPA), which was issued in January 2022. In 2022, Prairie State emitted almost twice as much carbon dioxide as the next biggest greenhouse gas polluter in the state, and has been the number one emitter of ozone-forming nitrogen oxide pollution for the last six years in the entire state. Soot pollution from the plant contributes to 76 premature deaths each year, making it the 11th deadliest coal plants in the country, according to a recently released study on soot pollution from coal plants by the Sierra Club, which used triennial emissions inventory data.
The decision means that Sierra Club’s suit, seeking injunctive relief against the continued unlawful operation of the plant as well as civil penalties for its years of unpermitted pollution, can proceed. Although typically a defendant would now have an opportunity to disprove the factual allegations against it, Prairie State has never claimed to have a Title V permit, and no record of any such permit exists, meaning the remaining disputes are likely to be about the appropriate remedies for Prairie State’s long standing unlawful operation.
Attorneys with Sierra Club’s Environmental Law Program brought the litigation with assistance from Elizabeth Hubertz of the Washington University School of Law Interdisciplinary Environmental Clinic as local counsel.
Statement from Christine Nannicelli, Illinois Senior Campaign Representative with the Sierra Club:
“No power plant is above the law, especially one that is among the most polluting and deadly coal plants in the country. An operating permit is a basic, fundamental requirement under the Clean Air Act that requires important oversight measures like the monitoring of air pollution and pollution control equipment and progressively tighter pollution limits to protect communities from dangerous emissions spikes that we’ve seen at Prairie State.
“The lack of adequate oversight of both the Prairie State coal plant, and its owners, continue to threaten public health and the ratepayers they serve. Prairie State owners, like the Illinois Municipal Electric Agency (IMEA), should be focused on basic compliance with environmental requirements and acquiring an operating permit for its largest and most polluting power plant instead of working to lock communities like Naperville and St. Charles into early renewals of their contracts with risky coal power.”
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of 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.