Skip to main navigationSkip to News Headlines
Global Navigation
Office of The Attorney General
The State of New Jersey Office of The Attorney General (Dept. of Law & Public Safety) The State of New Jersey NJ Home Services A to Z Departments/Agencies OAG Frequently Asked Questions
Services A to Z Departments/Agencies OAG Frequently Asked Questions
OAG Home
OAG Contact
Back to News Releases
more news
OAG Home Attorney General's Biography
Attorney General's Biography
spacer spacer spacer
 
spacer spacer spacer
spacer spacer spacer
For Immediate Release:  
For Further Information:
spacer spacer spacer
February 6, 2007  

Lee Moore
609-292-4791

Office of The Attorney General
- Stuart Rabner, Attorney General

spacerspacer spacer spacer
spacer spacer spacer
spacer

Attorney General Announces Lawsuit Accusing EPA of Violating Federal Law;
Complaint on Behalf of DEP Focuses on Coal-Fired Power Plant in Pennsylvania

spacer
spacer
spacer spacer spacer
spacerspacer spacer spacer

TRENTON -- Attorney General Stuart Rabner announced today the filing of a federal lawsuit against the U.S. Environmental Protection Agency (EPA) for failing to act on a petition from New Jersey objecting to a proposed operating permit for a coal-fired power plant in Pennsylvania.

“This facility is directly across the river from New Jersey and has emitted more than 30,000 tons of sulfur dioxide annually. As a result, it contributes to New Jersey’s inability to attain its clean air goals for sulfur dioxide,” Governor Jon S. Corzine said. “We will take every action we can to force EPA to do its job and to protect the citizens of this state."

Filed today with the U.S. District Court in Trenton, the lawsuit also names as a defendant Stephen L. Johnson, in his official capacity as Administrator of the EPA. The lawsuit charges that EPA has violated the federal Clean Air Act by failing to grant or deny a petition filed by the New Jersey Department of Environmental Protection in July 2006. The petition objected to Pennsylvania’s proposed issuance of a revised operating permit for a coal-fired plant known as the Portland Generating Station.

The Portland facility is owned by Reliant Energy Mid-Atlantic Power Holdings, and is located directly across the Delaware River from Warren County, New Jersey.
Under the Clean Air Act, EPA must grant or deny the New Jersey petition within 60 days of its filing. The DEP petition was filed on July 21, 2006 – 200 calendar days ago – but EPA has yet to respond to it.

"Our lawsuit contends that the EPA is ignoring a clear duty it has under federal law to deal with New Jersey’s petition, which raises significant concerns about the proposed operating permit for a facility that emits air pollutants directly across the river,” said Attorney General Rabner.

“As today’s action demonstrates,” the Attorney General added, “we are committed to working with the Department of Environmental Protection to pursue litigation, where necessary, that will protect the quality of air we breathe here in New Jersey."

DEP Commissioner Lisa P. Jackson called the EPA’s failure to act on the New Jersey petition “unconscionable.”

“The EPA continues to show little concern for the environmental and public health issues we have raised regarding the Portland Generating Station," said Commissioner Jackson. "With today’s filing, we are putting the EPA on notice that we will not tolerate being ignored.”

DEP’s petition to the EPA objected to Pennsylvania’s proposed approval of a revised permit for the Portland Generating Station for two reasons:

  • The Portland plant made modifications allowing it to increase its emissions of air pollutants without installing the pollution controls required under the Clean Air Act. As a result, a “compliance schedule” --including an enforceable sequence of compliance milestones – that will eventually lead to the elimination of all violations is needed in the permit.
  • The permit lacks operational limits called heat input limits, and would allow the Portland plant to exceed air quality standards set by the Clean Air Act. Heat input is a measure of the amount of coal burned each hour and limits on heat input are necessary to avoid excessive hourly emissions for many air contaminants, for example particulate matter (which can include dust, dirt, soot and smoke) and nitrogen oxides, one of the main ingredients in the formation of ozone.

The Portland coal-fired plant is located upwind of New Jersey’s Highlands, and prevailing winds carry its air pollution directly into the state.

The lawsuit filed today seeks a court order directing EPA to either grant or deny New Jersey’s petition opposing the Portland station operating permit. The complaint also seeks a declaration that both the EPA and its Administrator, Johnson, have failed to perform their “nondiscretionary duty.” The suit also seeks reimbursement for reasonable costs associated with the state’s action.

Deputy Attorneys General Kevin Auerbacher, Ruth Carter and Lisa Morelli, assigned to the Division of Law, handled the matter on behalf of the state
.

>> NJDEP v. EPA Complaint (71k pdf) plug-in

    # # #
spacer spacer spacer
spacer spacer spacer
spacer spacer spacer
 
Contact OAG About OAG
OAG News OAG Frequently Asked Questions
OAG Library Employment
OAG Grants Proposed Rules
OAG History OAG Services A-Z
OAG Agencies / Programs / Units
Other News Pages Division of NJ State Police NJ State Police News Governor's Office News Division of Highway Traffic Safety News Office of the Insurance Fraud Prosecutor Juvenile Justice Commission News Division on Civil Rights News Division of Consumer Affairs News Division of Criminal Justice News Election Law Enforcement Commission Division of Elections News Division of Gaming Enforcement News
NJ State Police News Governor's Office News Division of Highway Traffic Safety News Office of the Insurance Fraud Prosecutor Juvenile Justice Commission News Division on Civil Rights News Division of Consumer Affairs News Division of Criminal Justice News Election Law Enforcement Commission Division of Elections News Division of Gaming Enforcement News Office of Government Integrity News

free PDF plugin

NJ State Police News Governor's Office News Division of Highway Traffic Safety News Office of the Insurance Fraud Prosecutor Juvenile Justice Commission News Division on Civil Rights News Division of Consumer Affairs News Division of Criminal Justice News Election Law Enforcement Commission Division of Elections News Division of Gaming Enforcement News Office of Government Integrity News
   
Contact Us | Privacy Notice | Legal Statement | Accessibility Statement
NJ Home Logo
Departmental: OAG Home | Contact OAG | About OAG | OAG News | OAG FAQs
Statewide: NJ Home | Services A to Z | Departments/Agencies | FAQs
Copyright © State of New Jersey
This page is maintained by OAG Communications. Comments/Questions: email or call 609-292-4925
OAG Home OAG Home NJ State Police News Governor's Office News Division of Highway Traffic Safety News Office of the Insurance Fraud Prosecutor Juvenile Justice Commission News Division on Civil Rights News Division of Consumer Affairs News Division of Criminal Justice News Election Law Enforcement Commission Division of Elections News Division of Gaming Enforcement News Office of Government Integrity News