BELLEVILLE, Ill. — A United States District Court judge recently said that the Prairie State power plant 30 miles outside Belleville may have violated federal law for over a decade.
Magistrate Judge Reona J. Daly said the plant failed to secure a required permit under the Clean Air Act for more than 10 years. The Title V operating permit is required for any major source of air pollutant emissions.
"The Court would be remiss to deny Defendant’s Motion without acknowledging a very fair point made by Defendant: to accept Plaintiff’s allegations as true ... means to accept that Defendant 'has been operating the facility for a decade without any permit, and that the state and federal governments have simply ignored the Facility’s existence'," Daly's ruling said. "The undersigned could only speculate as to why Defendant can continue operating without a permit, in seeming contravention of federal and state statutes ... Regardless, those issues are not currently before the Court. The allegations in Plaintiff’s Complaint are sufficient to proceed."
The court case will now continue as efforts to remediate the long-standing unlawful operation are discussed.
Environmental protection advocate organization Sierra Club, which filed the lawsuit against Prairie State, said the power plant is Illinois' top emitter of ozone-forming nitrogen oxide pollution and emitted almost twice as much carbon dioxide as the state's next biggest greenhouse gas emitter. The plant also exceeded federal monthly limits on mercury emissions in 2021 and received a violation notice from the Illinois Environmental Protection Agency.
“No power plant is above the law, especially one that is among the most polluting and deadly coal plants in the country," said Christine Nannicelli, Illinois Senior Campaign Representative with the Sierra Club. "The lack of adequate oversight of both the Prairie State coal plant, and its owners, continue to threaten public health and the ratepayers they serve."
Prairie State emailed 5 On Your Side the following statement in response to the judge's findings:
“Prairie State, a not-for-profit owned energy campus, is operating legally under a Prevention of Significant Deterioration (PSD) permit from the Illinois Environmental Protection Agency (IEPA), which was granted in 2005 and updated in 2011. To comply with this permit, Prairie State installed and has maintained more than $1 billion in emissions control technology. The PSD allows the Prairie State facility to provide affordable and reliable power to millions of families while the IEPA works through the Title V process.
While it is disappointing the court did not accept our motion to dismiss this case, we remain committed to working with the IEPA to ensure continued compliance with all regulations. Power plants and industrial facilities across Illinois have operated for decades under PSD permits before receiving a final Title V permit. Sierra Club’s California-based Environmental Law Program is bringing this politically motivated suit in an attempt to circumvent the Illinois regulatory process, which could introduce instability to the electric grid to the detriment of the consumers we serve.
We will not let this lawsuit distract from our mission of providing value to the communities served through the continued production of reliable and affordable power, all while providing jobs and maintaining economic prosperity for hardworking men and women across downstate Illinois.”
