ELR Citation: ELR 20114
No(s). 99-1693 (S.D. Ind. May 29, 2009)

A district court ordered an energy company to shut down three generating units at its Wabash River power plant in Indiana and to pay a $687,500 penalty for CAA violations. The company violated the CAA's new source review provisions when it unreasonably failed to expect a net increase of 40 tons or more of sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions as a proximate result of refurbishment projects at the three Wabash River units. The excess SO2 and NOx emissions from these units had significant health and environmental effects in Illinois, Indiana, Kentucky, Michigan, Ohio, and Wisconsin, and the evidence of environmental harm from non-permitted SO2 and NOx emissions from these units compels a finding of irreparable injury for which there is no adequate remedy at law. The balance of harms also weighs heavily in favor of a relatively immediate shutdown of those units. The court therefore ordered the company to shut down those units no later than September 30, 2009. The court also ordered the company to pay a $687,500.00 penalty for violating the Ohio SIP at the company's Beckjord plant near Cincinnati. The company must also install continuous emissions monitoring systems at the plant.

[A prior decision in this litigation can be found at 38 ELR 20264.]