Allegheny Energy - 2005 Litigation

2005 Litigation

In 2005, New Jersey, New York, Pennsylvania, Connecticut, and Maryland filed suit in the United States District Court for the Western District of Pennsylvania against Allegheny Energy. The suit claimed that Allegheny Energy has made major upgrades at its Armstrong, Hatfield's Ferry, and Mitchell electric generating stations, having dramatically increased emissions without installing new pollution controls required by the Clean Air Act.

A trial was held in 2010. No decision has yet been issued by the court. But in the five years elapsed between the filing of the suit and the trial, the company's sulfur dioxide emissions profile improved significantly. The scrubbers at Fort Martin and Hatfield’s Ferry, completed in 2009, now remove approximately 95 percent of the sulfur dioxide emissions at those facilities, totaling more than 200,000 tons annually from the two plants. Mercury emissions at the facilities have also dropped significantly as result of the scrubbers.

At the time the suit was filed, opponents claimed that the plants were emitting thousands of tons of pollution each year, including sulfur dioxide and nitrogen oxide emissions, which were allegedly wind-blown into New Jersey. They also claimed this causes smog, acid rain, and different respiratory disease. "New Jersey continues to pursue litigation to protect our citizens' health and meet clean air quality standards," Gov. Jon S. Corzine said. "This decision proves that New Jersey can and will pursue action to enforce the Clean Air Act's protections even when the federal government abdicates its own responsibility to do so." The 2005 suit claimed that three plants at issue in the litigation were at the time emitting in total hundreds of thousands of tons of pollutants a year. It also claimed that the three plants were putting out more nitrogen oxide emissions than all the power plants in New Jersey combined and more than three times the total amount of sulfur dioxide emissions emitted by all New Jersey power plants. The 2005 litigation also claimed that the Hatfield's Ferry plant was at that time the fifth largest single source of sulfur dioxide emissions in the country. The suit claimed violations of Pennsylvania's air pollution laws and regulations. New Jersey sought injunctive relief to require Allegheny to reduce its harmful emissions by installing up to date pollution controls at each of the three plants. The states also asked the court to apply penalties and order Allegheny to take additional appropriate actions to make up for the harm done to public health and the environment by its violations of federal and state law.