BENTON - Sierra Club sued to shut down the Prairie State coal burning power plant near Marissa in federal court on March 22, and Illinois State Rep. Charlie Meier (R-Highland) responded by saying a plant closure could lead to increased electricity rates.
Meier stated in a press release that Prairie State is the largest producer of electricity in Illinois. The power plant has provided more than 2.5 million families with electricity since 2012, he added.
"An instant shutdown would leave 36 municipalities and 20 electric cooperatives in the state with $4 billion in debt to pay by Illinois taxpayers and drastically result in higher electricity rates," Meier wrote.
Meier
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Meier called the lawsuit "frivolous," and argued that it "endangers the lives and prosperity of many Illinois residents in a region that struggles to keep the power on for hospitals, schools, nursing homes, manufacturers, farms, and even the oxygen machine for hospice patients in their own homes."
"Most city blocks in southern Illinois don't even have the infrastructure to charge four electric cars at one time and there is not enough energy on the power grid to charge a million electric cars, which is Sierra Club's wish," he added.
Meier stated that Illinois families have already been crippled by the most recent increase in electricity costs, and rates would "skyrocket" following a power plant closure.
He said constituents have contacted him about their energy bills doubling, and small businesses have been forced to close due to the increase in costs.
"Let's hope the courts protect our rights to heat and air condition our homes, including the other seven states that depend on the power produced by Prairie State," he wrote. "If Sierra Club Illinois is successful with their frivolous lawsuit, then electric rates which have almost doubled in the last couple of years may double again."
Sierra Club counsel Megan Wachspress of Oakland, California, claimed in the lawsuit that the plant has operated continuously without a permit since 2012.
“Until and unless Illinois EPA issues such a permit, Prairie State Generating Company is operating unlawfully,” she wrote.
Wachspress claimed the plant emits carbon dioxide, sulfur dioxide, nitrogen dioxides, and particulate matter in violation of the national Clean Air Act and state regulations.
“These pollutants continue to threaten the health of Sierra Club members and their enjoyment of nature,” she wrote.
She claimed the Act allows citizens to commence civil actions if environmental protection agencies of the U.S. and states don’t do it.
Wachspress claimed Sierra Club notified the U.S. agency, the Illinois agency, and Gov. Pritzker of violations in October.
She added that neither the U.S. agency nor the Illinois agency has taken action to remedy the violations or order Prairie State to cease operations.
Prairie State allegedly applied for a permit in 2010, and the Illinois agency didn’t issue it.
Wachspress claimed the lack of agency action on the application amounted to constructive denial.
She claimed in the lawsuit that Sierra Club has more than 730,000 members with more than 27,000 in Illinois.
Its members allegedly live and conduct activities in proximity to the plant.
She attached a declaration of member Dorothy Maschal, who stated she can see the plant’s plume from her home 20 miles away.
Maschal stated she’s concerned that pollution from the plant makes her asthma worse.
Wachspress claimed not having a permit deprives members of the ability to use data as part of their efforts to achieve clean air.
“The lack of complete information about Prairie State’s air emissions means plaintiff’s members do not know the full extent of the harmful health effects of the power plant,” she wrote.
Wachspress claimed the plant emitted more than 10,500 tons of sulfur dioxide in 2021 and more than 9,100 tons last year.
She claimed sulfur dioxide can cause adverse effects even in brief exposures.
She added that the plant emitted 4,100 tons of nitrogen oxides in 2021 and 3,700 tons last year.
She claimed short term exposure to nitrogen oxides exacerbates asthma.
Wachspress also claimed nitrogen oxides contribute to formation of ozone, which causes adverse respiratory symptoms.
She added that sulfur dioxide and nitrogen oxides both cause acid rain.
She also claimed they react with other chemicals to form fine particles that can embed deep within the lungs or enter the blood stream.
“Fine particles are the main cause of haze in the United States,” she wrote.
“Prairie State directly emits tons of these fine particles each year,” she added.
Wachspress claimed every day of operation without a permit is a separate and distinctive violation of the Clean Air Act.
“Unless restrained and penalized by an order of this court, these and similar violations will remain ongoing,” she wrote.
The court clerk randomly assigned Magistrate Judge Reona Daly, who will preside unless a party declines consent to magistrate jurisdiction.
If that happens, the clerk will assign a district judge.
Owners of Prairie State Generating Company include:
- American Municipal Power in Columbus, Ohio
- Illinois Municipal Electric Agency in Springfield
- Indiana Municipal Power Agency in Carmel.
- Kentucky Municipal Power Agency in Paducah.
- Missouri Joint Municipal Electric Utility in Columbia.
- Northern Illinois Municipal Power Agency in Rochelle.
- Prairie Power in Springfield.
- Southern Illinois Power Cooperative in Marion
- Wabash Valley Power Alliance in Indianapolis