JEFFERSON COUNTY, Mo. — Ameren Missouri is facing new legal orders after a federal judge ruled the company isn't doing enough to curb air pollution being emitted from its Rush Island Energy Center outside of St. Louis.
Judge Rodney Sippel with the US District Court for the Eastern District of Missouri said on June 14 that the company neglected multiple court orders to lower sulfur dioxide emissions from the Jefferson County plant, causing adverse health and environmental conditions for residents downwind of the plant.
"These emissions harm public health and the environment, contribute to premature deaths, asthma attacks, acid rain, and other adverse effects in downwind communities including the St. Louis Metropolitan Area," Sippel said in a recent ruling. "Rush Island continued its unpermitted pollution of tens of thousands of tons of SO2 that would have been reduced sooner had Ameren complied with my orders or timely begun the regulatory proceedings to retire Rush Island."
The litigation began after Ameren modified the Rush Island plant in 2007 and 2010, resulting in the plant emitting elevated sulfur dioxide levels. The modifications were also made in violation of the Clean Air Act because the company didn't install state-of-the-art air pollution controls and didn't acquire correct permits for the modifications, according to Sippel's ruling.
Ameren, facing multiple legal battle defeats, previously decided to close, or "retire," the Rush Island plant 15 years ahead of its previously set schedule instead of installing pollution control technology that Sippel ordered in 2019, the judge said in his ruling.
"I am concerned that a major barrier in the mitigation negotiations is Ameren’s continued unfounded claim that no equitable remedy is available for its excess SO2 emissions based on its unpermitted operations," Sippel's ruling said.
Sippel said Ameren must submit a copy of his order to the Missouri Public Service Commission and must appear at a hearing on July 10 to address remediation efforts.
Ameren Missouri sent the following response to 5 On Your Side regarding the court order:
The Rush Island Energy Center will close by mid-October 2024. Out of respect to the court, we will respond to the order through the established legal process.
All of us at Ameren Missouri are committed to providing reliable and affordable electric service for the benefit of our customers and communities we serve in an environmentally responsible manner. That includes reducing SO2 emissions 69% since 2005. Current levels are 76% below the state standard. Looking forward, we're investing in new energy sources to ensure the long-term stability of the energy grid as well as the accelerated deployment of renewable energy generation.
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