Legal Action Against Alabama Power
SELC takes on Alabama Power
See our Duke Energy and Dirty Air page for an important update on SELC's win at the U.S. Supreme Court.
If Alabama Power's Barry Steam Plant in Mobile County, Alabama, the largest single source of major air pollutants in the county, installed modern pollution controls, it would eliminate 75 to 90 percent of its major emissions and reduce the region's ozone pollution, fine particle pollution and acid rain, vastly improving public health.
However, Alabama Power has not installed modern pollution controls, despite strict pollution rules established by the Clean Air Act. Instead, the utility company invested tens of millions of dollars to extend the lives of its coal-burning power plants, increasing air pollution by hundreds of tons each year.
©Steve Smith
Alabama Power's Barry Steam Plant emits 61,000 tons of SO2, 24,000 tons of ozone- forming nitrogen oxides and 11 million tons of carbon dioxide each year..
When Congress passed amendments to the Clean Air Act in 1977, many old, coal-fired plants, such as the ones operated by Alabama Power, were exempt from new rules requiring the installation of modern pollution controls when making modifications that result in increased emissions. By granting these plants "grandfathered" status, Congress sought to force utilities to either retire their biggest polluting plants or meet modern pollution standards.
In 1999 the Environmental Protection Agency filed suit against Alabama Power for exploiting their grandfathered status and making illegal modifications to five of its coal-fired power plants, emitting millions of tons of pollution in the process. SELC, on behalf of the Alabama Environmental Council, joined forces with EPA to force Alabama Power to follow the law and to close the loophole of grandfathered power plants.
Unfortunately, in August, 2006 a federal judge dismissed the suit against Alabama Power, after previously siding with industry. SELC plans to appeal the ruling to force the cleanup of coal-burning power plants like those operated by Alabama Power, and protect the health of citizens throughout the South.
