MountainStrong Hurricane Recovery Fund

In the wake of Hurricane Helene, MountainTrue is dedicated to addressing the urgent needs of our community.

 - 
Arabic
 - 
ar
Bengali
 - 
bn
German
 - 
de
English
 - 
en
French
 - 
fr
Hindi
 - 
hi
Indonesian
 - 
id
Portuguese
 - 
pt
Russian
 - 
ru
Spanish
 - 
es

Court Rejects North Carolina’s Attempt to Weaken Air Pollution Protections

Court Rejects North Carolina’s Attempt to Weaken Air Pollution Protections

On Wednesday, the Southern Environmental Law Center, who represented Clean Air Carolina, North Carolina Coastal Federation, and Mountain True in the case, and Earthjustice, who represented the Sierra Club, issued the following:

CHAPEL HILL, NC— In a win yesterday for the people of North Carolina and everyone across the country who suffers health problems from breathing soot, the U.S. Court of Appeals for the D.C. Circuit rejected North Carolina’s challenge to federal standards that protect people from increases in dangerous fine particle pollution.

North Carolina waited over three years to seek to weaken the fine particle standards—long after the statutory deadline of 60 days. No other state joined North Carolina in its challenge.

“We applaud the court’s rejection of North Carolina’s baseless lawsuit,” said Myra Blake, attorney at the Southern Environmental Law Center. “This case has been a tremendous waste of North Carolina taxpayers’ resources, as the state chose to expend valuable time and energy challenging an important public health protection, even though it knew the deadline for filing its lawsuit had already passed.”

The court rejected the challenge because it was not filed within the statute of limitations.

“We’re glad the Court rejected North Carolina’s attempt to undermine the public health protections the Clean Air Act guarantees every person living here. Soot kills, and EPA established solid protections against it. North Carolina’s efforts to put profits over people’s lungs rightly failed,” Seth Johnson, attorney at Earthjustice, said.

The Southern Environmental Law Center represents Clean Air Carolina, North Carolina Coastal Federation, and Mountain True in this matter, and Earthjustice represents Sierra Club. These conservation groups intervened in the lawsuit on behalf of the federal government to oppose North Carolina’s attempts to relax the fine particle standards.

“Fine particle pollution is linked to over two million premature deaths around the globe each year, and there is no level of exposure that is considered safe,” said Mike Giles, Coastal Advocate for the North Carolina Coastal Federation. “That’s why local citizen groups representing over 15,000 North Carolinians joined forces to oppose the state’s lawsuit.”

Fine particles come from a number of sources, including coal-fired power plants and motor vehicles, and are linked to significant health problems, including asthma, heart attacks, bronchitis, and premature death.

“We are so glad that reason and science prevails to protect public health” said Clean Air Carolina’s Terry Lansdell. “North Carolina’s attack on fine particle protections would have wiped out substantial progress and pollution reductions that have occurred in the past several decades. The people of North Carolina can breathe easier knowing that this setback was averted.”

North Carolina had attempted to block citizen groups’ participation in the fine particle case, but the court rejected North Carolina’s arguments on this front as well in an earlier decision.

“Rather than promoting the interests of the people of North Carolina, the State actively tried to stifle citizen involvement in this matter. That effort fortunately failed, along with North Carolina’s attempt to rollback protections for people from the mountains to the coast” said Julie Mayfield, Co-Director of MountainTrue.

New Report and Analysis Demonstrate Dangerous Air Pollution Levels Up To 3.5 Times Safe Limits

New Report and Analysis Demonstrate Dangerous Air Pollution Levels Up To 3.5 Times Safe Limits

** Both reports available as .pdf by request and online at http://content.sierraclub.org/coal/north-carolina/asheville/new-report-toxic-pollution **
Contacts:
Adam Beitman, Sierra Club, (202) 675-2385, adam.beitman@sierraclub.org
Melissa Williams, MountainTrue, (828) 258-8737 x 216,melissa@mountaintrue.org

Toxic Sulfur Pollution Exceeding Safe Levels in Asheville

New Report and Analysis Demonstrate Dangerous Air Pollution Levels Up To 3.5 Times Safe Limits

ASHEVILLE, NC – A new report demonstrates that Duke Energy’s Asheville coal plant has been emitting harmful sulfur dioxide (SO2) pollution at levels considered unsafe by the Environmental Protection Agency for the past several years. Areas impacted include parts of South Asheville, Fairview, and Leicester, as well as trails in the Bent Creek Forest.

An air modeling study by Air Resource Specialists[1] shows that concentrations of SO2 in the air near people’s homes downwind of the Asheville coal plant are up to 3.5 times higher than what EPA has determined to be safe. According to the study, the plant’s pollution has exceeded these minimum public health standards approximately one out of every three to four days since 2010.

A separate analysis[2] of operations at the plant points to the two causes of this increased pollution: Duke apparently has not been running its pollution protection technology fully and, at the same time, has switched to cheaper, dirtier, higher-sulfur coal. The most likely reason for these changes is to reduce the cost of running this plant, which is one of the utility’s most expensive to operate.

Air pollution controls, “scrubbers”, were installed at the plant in 2005 and 2006. The analysis released today suggests that when first installed, those safeguards were run at acceptable levels, but have been turned down in recent years.

“These new findings reveal dangers to families who live in and visit the impacted area and who breathe the air that is being polluted by Duke Energy’s coal plant,” said Kelly Martin, North Carolina Representative of the Sierra Club’s Beyond Coal Campaign.

“Fortunately, there is an easy way for Duke to eliminate this health threat and restore clean air to Asheville: they can run the plant’s pollution control technology as it was designed to be operated and can return to using coal with lower sulfur content,” said Julie Mayfield, Co-Director of MountainTrue(formerly, the Western North Carolina Alliance). “We urge Duke Energy to take the steps necessary to stop their pollution and protect our families.”

Nearly 20,000 children and adults suffer from asthma in Buncombe County[3]. “It is beyond my moral imagination that Duke Energy would permit this public health hazard to endanger our community,” said Richard Fireman, M.D., retired Emergency Medicine Physician. “We know that air pollution from sulfur dioxide triggers asthma attacks and airway constriction. It exacerbates other respiratory problems including bronchitis and emphysema, requiring emergency medical treatment and hospital admissions. Sulfur dioxide can also form other toxic sulfur compounds that can aggravate existing heart disease, causing hospital admissions and unexpected, premature death.”

“While we’ve just learned about the extent and intensity of sulfur dioxide pollution in Asheville’s air, Duke’s coal plant has been a known source of pollution affecting our water and our climate for decades. It’s time for Duke to take responsibility for this pollution and protect the health of our communities, not just some of the time, but all the time,” Martin said.

Previously, watchdog groups have discovered dangerous pollution from the plant’s coal ash pits, including mercury, leaking into the French Broad River in violation of the Clean Water Act. The plant is also the largest source of carbon pollution in Western North Carolina, making it the leading contributor to climate disruption in the region.

 


[1] D. Howard Gebhart, Air Resource Specialists, Inc., Air Quality Dispersion Modeling 1-Hour Average Standard for Sulfur Dioxide: Duke Energy — Asheville Plant (Feb. 13, 2015)

[2] Ranajit Sahu, Analysis of Scrubber Operation: Duke Energy — Asheville Plant (Feb. 16, 2015)

[3] stateoftheair.org/2014/states/north-carolina/ – American Lung Association