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Environmental Law Program
Sierra Club Lawsuits

Weston 4 Coal Plant Challenge Moves Forward; Commission Refers Case to Attorney General for Investigation

Case Updates:

April 7, 2006

The Wisconsin Public Service Commission has asked the attorney general to look into whether Wisconsin Public Service Corporation (WPS) broke the law when it withheld information about pollution control technology when it filed for a permit for a huge new coal-fired power plant known as Weston 4. At issue in the controversy is a February 2006 ruling where the administrative law judge found that the company had intentionally withheld the important information. The commission's request for an investigation comes on the heels of a Sierra Club complaint alleging that the company's behavior raises serious concerns. The company could face civil fines if found guilty. Read more about the investigation or our challenge to the Weston 4 plant in the news stories and updates below.

March 1, 2006

Coal-burning power plants have enormous consequences for public health, such as increases in asthma attacks, lung cancer, brain damage, and heart attacks caused by air and mercury pollution. After thirty years of emphasizing renewable energy sources, the progress this country has made is now at risk with proposals for over 100 new coal-burning power plants, many intended for the Midwest. One example is the controversial Weston 4 plant, which would drastically increase air pollution in the region and would be the largest new source of air pollution in northern Wisconsin in a decade. Although we recently won some concessions in our campaign to clean up the plant (see below), in the end the administrative judge gave the plant the green light even though he found that the company had intentionally withheld important information about available pollution control technology. Now Sierra Club is back in court to protect public health with a suit challenging the plant's permit. After all, we have the technology today to move beyond our dependence on polluting coal-plants and into a future where almost all of our electricity comes from clean energy sources.

February 1, 2006

After denouncing the Wisconsin Public Service Corporation for withholding crucial information about available pollution technology, an administrative law judge has decided to give the controversial Weston 4 coal plant the green light. The judge found that during the permitting process, WPSC had intentionally kept secret information about readily available pollution control technology that could reduce toxic sulfur dioxide emissions at the plant by as much as 90%, which would help protect the health of local citizens. Although the decision allows the dirty and polluting plant to be built, the judge did order the plant to reduce toxic pollution to some of the lowest limits ever required of a coal-fired power plant in the United States. In addition, WPSC must achieve 32 megawatts of energy efficiency. The case is part of a coordinated campaign to protect citizens throughout the Midwest from unnecessary dirty coal fired power plants and harmful air pollution. The decision follows a four-day hearing held in Madison last September.

November 9, 2004

The Sierra Club is asking that Wisconsin Public Service Corporation install the most modern pollution control technology at a new coal-fired power plant, rather than relying on outdated systems. Sierra Club is also asking Wisconsin's Department of Natural Resources to consider alternative forms of energy and to require companies to update pollution technology at older plants. In early November, Sierra Club filed an administrative challenge to the operating permit recently granted for the construction of a new coal-fired power plant near Wausau, Wisconsin. The plant, the fourth polluting coal plant at the so-called Weston complex, will drastically increase the amount of air pollution in the region and put the health of local citizens at risk.

Details and Documents:

PSC seeks review of power project
April 7, 2006, by Ryan Foley, Associated Press, in St. Paul Pioneer Press

Agency requests probe of WPS; Utility failed to fully disclose options on Weston 4, PSC claims
April 7, 2006, by Amy Olson, in Wausau Daily Herald

PSC seeks investigation over Wausau power plant pollution
April 7, 2006, by Ryan Foley, Associated Press, in Janesville Gazette

Investigation of WPS plant technology referred to state
April 7, 2006, by Richard Ryman, in Green Bay Press-Gazette

PSC says WPS didn't disclose coal plant details /a>
April 6, 2006, by Thomas Content, in Milwaukee Journal Sentinel

Sierra Club suit challenges power plant permit
March 2, 2006, by the Associated Press, in St. Paul Pioneer Press

Utility's permit appealed; Sierra Club seeks better anti-pollution methods
March 1, 2006, by Thomas Content, in Milwaukee Journal Sentinel

WPS permit blunder tarnishes its reputation
February 15, 2006, Editorial, Wausau Daily Herald

Judge blasts WPS for withholding data on pollution technology
February 14, 2006, by Ryan Foley, Associated Press, in Janesville Gazette

Data withheld on pollution control methods; Information part of Weston power plant hearings
February 14, 2006, by the Associated Press, Green Bay Press Gazette

Judge blasts WPS for withholding information on pollution technology
February 14, 2006, by Ryan Foley, Associated Press, in Duluth News Tribune

Judge: WPS misled on Weston 4 pollution; Utility failed to disclose information
February 14, 2006, by Amy Olson, Marshfield News Herald

In the great white north, more coal
August 1, 2005, by David Steinkraus, The Journal Times

Environmental Group Wants Tougher Controls on New Power Plant
Plant Owner Says Emissions Already Very Low
November, 2004 by Jeff Thelen, WSAW-TV

Weston plant appeal filed
November 16, 2004, Wausau Daily Herald, Associated Press and Wausau Daily Herald

Sierra Club files appeal against coal plant in Marathon County
November 16, 2004, by Janesville Gazette, Associated Press


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