The Sierra Club indicates it might appeal a Denver Federal Appeals court decision striking down the club’s lawsuit challenging Oklahoma Gas and Electric’s changes to its coal-fired power plant in Muskogee in 2008. The club contended the changes were illegally made and also increased pollution.
A Muskogee U.S. District Judge disagreed and the 10th U.S. Circuit Court of Appeals upheld the judge’s decision.
“We agree with the district court and conclude that Sierra Club’s claim for civil penalties is statutorily time-barred because it was brought more than five years after the date when the cause of action first accrued,” wrote the judges in handing down their decision on Tuesday.
Al Armendariz, deputy regional director for the Sierra Club’s Beyond Coal campaign disagreed.
“It’s time for Oklahoma Gas and Electric to be held accountable for the pollution its outdated and dirty coal plant emits,” he said. “We’re currently reviewing the court decision and are determining our next steps.”
OGE praised the decision and spokesman Randy Swanson said the utility always believed it followed the applicable laws and regulations related to the Clean Air Act issues involved in the case.
“We are glad that both the district court and now the appellate court agrees that this case should be dismissed,” said Swanson.
U.S. District Judge James Payne in Muskogee had ruled against the Sierra Club, leading to the environmental group’s appeal to the Denver Federal courts. The Sierra Club had filed suit claiming a major change to a boiler at the Muskogee generating plant increased emission of pollutants. The suit sought monetary penalties and a court order to upgrade its controls.
The Appeals Court noted that OGE did not follow Oklahoma’s State Implementation Plan which required a permit for construction from the Oklahoma Department of Environmental Quality. Construction began in March 2008. But the Sierra Club did not take legal action until 2013.
Read ruling from Tenth U.S. Circuit Court of Appeals.
Denver Federal Appeals Court
