CAC joins suit over grandfathered coal plants

AC has joined a group of consumer and environmental groups led by National Resources Defense Council, Clean Air Task Force and Environmental Law & Policy Center which recently filed a citizens suit under the Clean Air Act challenging the failure of AEP to comply with New Source Review requirements at previously grandfathered coal plants where life extension programs have been completed.

Included among those plants is Tanners Creek, which is located in southeastern Indiana. During the reporting period, CAC assisted in the organization of the complaining coalition, the decisions as to which utilities to sue and plants to name, and the drafting of a Notice of Intent to Sue and then the Complaint itself. This litigation is expected to be consolidated in the Southern District of Ohio with similar suits brought by U.S. EPA and the State of New York.

This litigation is expected to be long and contentious but ultimately successful because of its focus on AEP and what is expected to be a strong factual record for the plants named as Clean Air Act violators.

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