Sierra Club Files Legal Challenge to Pollution Exemptions for Dynegy/Ameren Power Plants

January 2014

Edwards Power Plant
Edwards Power Plant near Bartonville

On December 26th the Sierra Club filed a legal appeal of the Illinois Pollution Control Board decision to give five old, coal-fired power plants exemptions from meeting state public health clean-air regulations. The case was filed in the Fourth District Court, Springfield. Dynegy, a Texas-based company proposing to take over the plants from Ameren, was given a five year variance on Illinois' Multi-Pollutant Standard by the Illinois Pollution Control Board (IPCB). These clean air regulations were established in 2006.

Dynegy based their request for the variance on financial hardship. The IPCB decision approving the variance was not unanimous. The Sierra Club is pointing out the full health costs were not included, as risks from the pollution are expected to cause 125 deaths and 2,000 asthma attacks in the next five years. Additional concerns include that this variance approval could set a dangerous precedent. Other companies could attempt to appeal for pollution control delays claiming that meeting existing pollution laws hurt the company's bottom line on finances.

Duck Creek Power Plant
Duck Creek Power Plant from Rice Lake State Fish and Wildlife Area

The old coal-fired power plants given the five year exemptions on sulfur dioxide air pollution controls include the Edwards plant at Bartonville and the Duck Creek plant outside of Canton, both in the HOI Group area.