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Cleaner Air for the Four Corners Power Plant in New Mexico

Case Updates:

July 5, 2007

In response to a Sierra Club legal challenge, on May 1, 2007 the Environmental Protection Agency issued their long overdue plan to regulate pollution produced by the Four Corners Power Plant, located on the Navajo Nation in New Mexico. Unfortunately, in preparing their plan, the EPA failed to take the steps necessary to ensure that the pollution limits that they set out would actually protect the health of Four Corners residents. Instead of issuing a plan to protect public health, EPA created a plan to fill the gap they left by not regulating Four Corners in the first place. In response to the agency’s negligence, on July 5, 2007 the Sierra Club took legal action to urge the EPA to live up to their responsibility to the health and safety of local communities.

September 3, 2006

The Sierra Club has successfully convinced the Environmental Protection Agency (EPA) to take a positive first step towards protecting the health and safety of the Navajo community living near Four Corners Power Plant. On September 1, 2006 the EPA released a long awaited federal implementation plan (FIP) to set air pollution emission limits for the Four Corners Plant. One of the largest and dirtiest coal plants in the nation, Four Corners has operated without federal regulation since 1960. In response to legal action taken by the Club, the EPA has finally initiated efforts to regulate this heavy polluter. The Sierra Club will continue to hold the agency?s feet to the fire to ensure that the final regulations provide local residents with their right to clean air, free of the toxins that Four Corners currently emits. To read the EPA's proposal and a fact sheet, see below.

July 27, 2006

The Four Corners Power Plant in New Mexico emits 15 million tons of nitrogen oxide, sulfur dioxide, carbon dioxide, particulate matter, and mercury, an established neuro-toxin.  The plant's annual emissions of nitrogren oxide, (NOx), are higher than any other US coal plant, totaling 40,742 tons; this amount is equivalent to the emissions released from approximately two million vehicles driven an average of 15,000 miles per year.  Emissions from this plant are so extraordinarily high due to a startling and unacceptable lack of regulation.  Located on a Navajo reservation, neither tribal, state nor federal emission restrictions have been placed on the plant.  In 1999 the EPA recognized the need for a federal implementation plan, or FIP, to set air pollution emission limits for the Four Corners plant.  However, for the past seven years the EPA has failed to finalize this vital plan.  

In July 2005 the Sierra Club petitioned the EPA to issue a final FIP for the Four Corners Power Plant; this petition was never acted on.  Therefore on July 27, 2006 the Sierra Club took legal action against the agency, asking them the release the long awaited FIP within 60 days.

July 11, 2005

On July 7, 2005, the Sierra Club petitioned the Bush administration to clean up the huge, coal-fired Four Corners power plant in northwestern New Mexico. The plant burns up to 28,000 tons of coal every day and its current EPA permit does not include any emissions limits or monitoring requirements for soot, nitrogen oxides or sulfur dioxide. Modernizing the plant with readily available pollution controls would drastically clean up the air in the Four Corners region. The Club's Rio Grande Chapter recently succeeded in cleaning up another huge coal plant in the area - the San Juan plant - owned by Public Service of New Mexico, after settling a long-standing lawsuit against the utility. The Club was joined by Grand Canyon Trust and the National Parks and Conservation Association in this latest effort.

Details and Documents:

Case Documents:

Petition for Review
July 5, 2007, United States Court of Appeals for the Tenth Circuit

Sierra Club Comments on the Proposed Federal Implementation Plan
November 6, 2006, Submitted to US EPA Region IX by Western Environmental Law Center on behalf of Sierra Club and coalition of other groups.   

The Sierra Club's Complaint against the EPA
July 26, 2006 Court Document, United States District Court for the District of New Mexico

News Articles:

Navajo Nation: Power plants, EPA unite to reduce emissions
September 3, 2006, the Associate Press, Free New Mexican Central

EPA Press Release
August 31, 2006 EPA

EPA sued over Four Corners Power Plant emissions
August 1, 2006, the Associate Press, AZ Central

Sierra Club Pressures Feds to Clean Up Air Pollution at Four Corners Power Plant
July 27, 2006 by Sierra Club Press Release

Groups seek cleaner Four Corners Power Plant
July 10, 2005, the Associated Press Arizona Republic

Related Cases:

Sierra Club Wins Huge Clean Air Victory at San Juan Power Plant