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November 30, 2007
Contact:
Katie Nekola, Staff Attorney, 608.212.8751 (cell)
In landmark decision, judge rules Oak Creek power plant water discharge permit invalid
Victory for Lake Michigan also has implications for power plants nationwide
(Milwaukee, WI) In a major victory for Lake Michigan, Clean Wisconsin announced a landmark decision invalidating the water discharge permit for the new Elm Road power plant in Oak Creek. The decision comes in response to a lawsuit by Clean Wisconsin and the Sierra Club challenging the water pollution permit granted by the Wisconsin Department of Natural Resources (WI DNR) for the new plant which is being constructed by the WE Energies, the state's largest utility.
"The cooling system that WE Energies proposed for this plant has been banned in Illinois, Indiana and other states for several years," said Katie Nekola, staff attorney for Clean Wisconsin. "And with good reason—it is far more harmful to Lake Michigan than other alternatives."
At issue was the DNR water permit that would have allowed WE Energies to remove water from Lake Michigan to cool its giant coal-fired power plants currently under construction. Termed "once-through cooling", the system would take in 2.2 billion gallons of water each day through a pipe extending nearly two miles out into Lake Michigan. The water returned to the lake would be warmer by several degrees to a temperature known to cause large-scale destruction of fish and shellfish.
The judge's decision on Thursday invalidating the water discharge permit
pivoted on the definition of the Oak Creek plant as a new or existing facility.
Clean Wisconsin contended in its legal action that the water discharge
permit for the Oak Creek plant was erroneously issued under rules governing existing facilities—which have less stringent environmental requirements for cooling systems.
However, the judge's ruling falls in line with a federal court ruling earlier
this year that determined that power plants under construction similar
to Oak Creek are actually new facilities, which therefore must
comply with a more protective set of environmental regulations. It is expected
that the Wisconsin ruling will have significance nationwide for other power
plants.
"WE Energies gambled with shareholder and ratepayer dollars when they decided
to push ahead and build this environmentally destructive cooling system,"
said Nekola. "They spent over $100 million dollars on a cooling system
that—without a permit to operate it—is a white elephant."
Click here to see the administrative law judges decision regarding oak creek power plant
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Clean Wisconsin, an environmental advocacy organization, protects Wisconsin's clean water and air and advocates for clean energy by being an effective voice in the state legislature and by holding elected officials and corporations accountable. Founded in 1970 as Wisconsin's Environmental Decade, Clean Wisconsin exposes corporate polluters, makes sure existing environmental laws are enforced, and educates citizens and businesses. On behalf of its 10,000 members and its coalition partners, Clean Wisconsin protects the special places that make Wisconsin such a wonderful place to live, work and play. Phone: 608-251-7020, Fax: 608-251-1655, Email: info@cleanwisconsin.org, Website: www.cleanwisconsin.org.