The Sierra Club today took steps to hold Duke Energy accountable for failing to install modern pollution controls at its coal-fired power plant in Edwardsport, Indiana. Specifically, Sierra Club filed a citizen enforcement action in federal court in Indiana seeking an order prohibiting Duke’s illegal pollution. Since pollution limits for Duke’s new integrated gasification combined cycle (IGCC) coal plant will be set based on the amount of pollution released from the current Edwardsport plant, the failure to install modern pollution controls will allow Duke to release illegally high amounts of pollution from its new plant for decades to come.

Duke’s CEO, Jim Rogers, has been vocal about the need to curb pollution, but has so far refused to commit his company to any meaningful action. In fact in this case, Duke is using its past pollution violations to cushion emissions requirements for its new coal-fired power plant—allowing the new plant to avoid more stringent emissions limits that are protective of public health.

“Duke’s actions don’t match the company’s green rhetoric,” said Bill Hayden, Chair of the Sierra Club’s Hoosier Chapter Executive Committee. “Duke’s failure to install modern pollution controls shows that the company is not serious about cleaning up its act.”

Under the Clean Air Act, coal-fired power plants are required to upgrade their pollution controls when they update the rest of their facility. Over the past two decades Duke has modified its existing Edwardsport coal plant several times, investing millions of dollars in upgrades. However, the company failed to also upgrade its pollution controls to use the best available technology, resulting in unlawfully high levels of pollution.

“Duke should not be allowed to benefit from breaking the law—especially at the cost of our air and our health,” said Hayden.

Pollution from coal-fired power plants can trigger heart attacks and strokes, worsen asthma, and even lead to premature death. In fact, each year in the U.S. 24,000 lives are cut short by pollution from coal-fired power plants.

“We owe it to our children to consider smarter, cleaner, healthier energy options,” said the Hoosier Chapter’s Executive Committee Chair.

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Across the country the Sierra Club’s coal campaign is fighting to stop destructive mining practices and the construction of dirty new coal plants and direct the proposed investments into energy efficiency, renewable resources and other clean alternatives.

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