Spitzer Files Lawsuits Against Out-of-state Power Plants

Attorney General Spitzer today followed through on his promise of legal action against Mid-West and Southern power plants that are the source of pollutants causing acid rain and smog in New York and other Northeast states.

Spitzer was joined in the action by Connecticut Attorney General Richard Blumenthal who sent notice letters to power plants two weeks ago and who is now joining New York's lawsuit.

The case targets 10 coal-fired power plants in Ohio, Indiana, West Virginia and Virginia that are owned and operated by the Ohio-based American Electric Power Company. The case accuses the power plants of violating the federal Clean Air Act. Specifically, the litigation charges that American Electric Power has made major capital improvements to its older power plants without making corresponding emission control upgrades and without performing the environmental review required by law.

"We're filing these lawsuits to protect our lakes and lungs from pollution that originates beyond our borders," Spitzer said. "The emissions from these plants are a significant factor in the problems of acid rain and smog that are damaging natural resources and human health in New York."

"We are especially pleased that the State of Connecticut is joining us in this action because its participation underscores the fact that this form of pollution is a pervasive and pernicious problem," Spitzer said.

Blumenthal said: "The pollution from these plants can literally take your breath away. Millions of tons of sulfur dioxide and nitrogen oxide are carried from these coal-fired plants every year into Connecticut and New York. Compelling these plants to stop polluting would have the same benefit as taking millions of cars off the road."

Spitzer announced his intention to sue on September 15. Federal law generally requires that citizens provide 60-day notice of their lawsuits. Because the Attorneys General are suing power plants outside their own states, New York and Connecticut are filing their case under the citizen suit provision of the federal Clean Air Act.

The action targets the following 10 power plants owned by American Electric Power through its wholly-owned subsidiaries listed below:

• Tanners Creek plant, Lawrenceburg, Indiana, owned by Indiana Michigan Power;
  
• General J.M. Gavin plant, Cheshire, Ohio, owned by Ohio Power;
  
• Muskingum River plant, Bevery, Ohio, owned by Ohio Power;
  
• Kammer plant, Moundsville, Brilliant, Ohio, owned by Ohio Power;
  
• Kammer plant, Moundsville, West Virginia, owned by Ohio Power;
  
• Philip Sporn plant, New Haven, West Virginia, owned by Ohio Power;
  
• Kanawha River plant, Glasgow, West Virginia, owned by Appalachian Power;
  
• Mitchell plant, Moundsville, West Virginia, owned by Ohio Power;
  
• Clinch River plant, Cleveland, Virginia, owned Appalachian Power.

The lawsuits were filed in federal court in Columbus, Ohio, where American Electric Power is based.

Spitzer initially targeted 17 Midwestern power plants for legal action. Lawsuits against the remaining seven plants in that group are expected to be announced in the coming weeks.

In addition to taking legal action against out-of-state facilities, Spitzer has also notified eight New York power plants that he believes are violating the same provision of law that the out-of-state plants are accused of violating. Spitzer's environmental initiative is complemented by Gov. George Pataki's announcement last month that he intends to enact new regulations sharply reducing emissions from New York's power plants.

Smokestack emissions from Midwestern and Southern power plants drift hundreds of miles north and east on prevailing winds before falling over New York, other northeastern states and eastern Canada as acid rain/snow and contributing to the formation of smog.

Airborn pollutants from power plants cause acid rain and smog that have been linked to the following:

• degradation of forests in the Adirondack and Catskill mountains:
  
• damaged waterways from Lake Placid to Long Island Sound;
  
• contamination of New York City's reservoirs and other water bodies with mercury;
  
• sharp increase in asthma episodes, especially among children in New York City;
  
• deterioration of stone and copper buildings and landmarks, including the State Capitol and the Statue of Liberty, and;
  
• respiratory distress, cardiovascular disease and premature death.

With this filing, New York and Connecticut seek to intervene in a case that was filed by the federal Environmental Protection Agency earlier this month, after Spitzer's announcement of his intention to sue. The states' claims are somewhat broader than the federal government's claims and thus expand the federal litigation.

"We expect to work closely with the federal government as we all work to improve air quality," said Spitzer.

The American Electric Power litigation is being handled by Spitzer's Environmental Protection Bureau, headed by Peter Lehner, with Assistant Attorneys General Jared Snyder, Scott Bassinson, and environmental scientists Jodi Feld and Brian Johnson.