A federal appeals court ruled Friday that Ameren Missouri violated the Clean Air Act when it made upgrades to its Rush Island Energy Center, upholding a .
The 8th U.S. Circuit Court of Appeals decision also upholds part of that the utility install scrubbers at the power plant in Festus.
The latest ruling is significant because now four federal judges in two courts agree about Ameren鈥檚 operations, said Andy Knott, central region director for the Sierra Club鈥檚 Beyond Coal campaign.
鈥淎meren can no longer pretend that they did not violate the Clean Air Act at the Rush Island plant,鈥� he said. 鈥淭hey can no longer pretend to be a good neighbor.鈥�
A spokesperson for Ameren said the company is disappointed by the court's decision and that it must review it before taking any steps.
The spokesperson added state monitors near Rush Island show air quality in the region is good and fully complies with federal standards.
The appellate court鈥檚 decision on Friday wasn鈥檛 a total win for environmentalists. The three-judge panel reversed the lower court order that Ameren also install pollution controls at the Labadie Energy Center in Franklin County, intended to offset the excess pollution from Rush Island.
鈥淭he government never provided notice of or alleged that the Ameren鈥檚 Labadie plant committed a violation of the CAA, [Clean Air Act]鈥� the court wrote. 鈥淏ecause Ameren committed no violation at its Labadie plant, the district court lacked authority to authorize injunctive relief as to it.鈥�
Ameren officials say that the Labadie plant is in full compliance with state and federal laws.
鈥淎meren continues to say that all of its coal plants are in compliance and there aren鈥檛 any public health issues,鈥� Knott said. 鈥淭oday鈥檚 ruling by the 8th circuit shows that鈥檚 not the case at Rush Island and it really questions Ameren鈥檚 legitimacy in terms of their claims of pollution issues at their other plants.鈥�
Patricia Schuba, president of the Labadie Environmental Organization, agrees the 8th circuit鈥檚 decision clears a path for pollution controls at Ameren鈥檚 plant four miles away from where she lives.
These kinds of lawsuits are costly and can often drag on for years, Schuba explained. In that time, local residents continue to suffer exposure to particulate pollution and sulfur-dioxide, she said.
鈥淭he average community cannot fight these companies, that鈥檚 why we need regulators to do the job of ensuring the public and environment is safe,鈥� she said. 鈥淎nd they have let us down.鈥�
Eric Schmid covers the Metro East for 漏 2024 外网天堂 as part of the journalism grant program: , an initiative of The GroundTruth Project.
