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Environmental Law Program
Sierra Club Lawsuits

Enviropower's Proposed Dirty Coal Plant Poses Environmental Problems for Illinois

Case Updates:

November 23, 2006

Enviropower files an appeal with the US Court of Appeals.

Enviropower has filed an appeal of the federal district court injunction with the US Court of Appeals for the Seventh Circuit in Chicago. In October the Sierra Club won the argument that Enviropower’s permit had expired and the district court entered an injunction prohibiting any further construction. Enviropower’s appellate brief is due 12/26 and Sierra Club's is due a month later.

Judge Orders EnviroPower to Stop Construction of their Franklin Plant!

In another major victory for Illinois clean air, on October 17th, 2006 federal Judge Phil Gilbert ruled in favor of all the Sierra Club’s points against Enviropower’s proposed 550 megawatt coal plant in Southern Illinois.  The Sierra Club has succeeded in proving that EnviroPower’s air pollution permit for the plant is invalid; Judge Gilbert ordered EnviroPower to halt construction of the plant.  Gilbert's order will force EnviroPower to consider the best anti-pollution equipment available, as opposed to emission control technology that was state-of-the-art when it got its initial permit more than five years ago.

March 31, 2006

After several months of legal discovery and depositions in our ongoing Clean Air Act challenge to the Enviropower plant in Benton, Illinois, our lawyers today filed a brief asking the court to rule in our favor. The brief argues that the proposed plant's permit has expired and that, accordingly, the plant should not be built without first applying and receiving a valid permit as required under law.

May 19, 2005

The Department of Energy has announced that over 100 new coal-fired power plants have been proposed throughout the nation, including 14 in the state of Illinois alone. However, many of the pending projects in this “Coal Rush,” rely on outdated technologies which do little to protect local communities from hazardous air and mercury pollution. The proposed Enviropower plant near Benton, Illinois is a perfect example. Sierra Club has now joined the cause to stop the plant and to force it to install modern pollution controls and better protect Illinois’ families from dangerous levels of air pollution.

Details and Documents:

EnviroPower Pushes Ahead With Dirty Coal Plant: Sierra Club Files Suit to Require Cleaner Alternative
May 19, 2005 Press Release

Sierra Club Suit against EnviroPower of Illinois
May 19, 2005 United States District Court, Southern District of Illinois, Benton Division

Sierra group sues to block coal plant
May 21, 2005, Chicago Tribune


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