Kate Rooth

Cliffside Coal plant air permit revoked

Asheville judge revokes permit on grounds that plant fails to meet standards for mercury regulation.

On December 2nd a federal court in Asheville NC found the Duke Energy 800 MW Cliffside Coal Power Plant in violation of the Clean Air Act. This decision will force Duke energy to meet pollution control requirements for mercury regulation within the next 70 days. And if they fail to? The court could halt construction of the plant.

The court ruled in favor of conservation groups denying Duke's arguement that the plant qualified for a loophole in the law allowing them to avoid federal pollution regulation.

“This ruling is particularly significant because other coal plant proponents around the country are attempting the same dodge that Duke tried here,” said Patrice Simms, Senior Attorney for NRDC. “This decision sends a strong signal that it is time for these other plants to stop playing games and come into compliance with these important clean air requirements.”

Duke will have 10 days to begin the process of investigating pollution levels and then 60 days to update their technology controls to comply with Maximum Available Control Techiniques (MACT).

NRDC and the Southern Environmental Law Center represented Environmental Defense Fund, National Parks Conservation Association (NPCA), Sierra Club and Southern Alliance for Clean Energy in this lawsuit. Here's the press release.

“We are pleased with the court’s rejection of Duke’s arguments,” said Stephen Smith executive director of Southern Alliance for Clean Energy. “Now it is time for Jim Rogers to stop building coal plants and focus on energy efficiency and renewable energy to power North Carolina into the 21st century.”

Click here to read the federal court ruling and for more information on fight to stop the Cliffside Plant.

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