OPPOSITION: Sierra Club
BACKGROUND: EnviroPower LLC was granted an air discharge permit by Illinois EPA in 2001 for construction of an approximate 600 mega-watt coal plant.
EnviroPower was aware the permit required construction to commence by January 3, 2003. However, it did not begin construction until 2004. Sierra Club challenged the permit, arguing it expired in 2003. In October 2006, a federal judge halted all construction activities and required EnviroPower to obtain new permits.
EnviroPower unsuccessfully appealed the ruling first to the U.S. Seventh Circuit Court of Appeals and then the U.S. Supreme Court.
In 2009, EnviroPower was ordered to pay $100,000.00 in penalties and attorneys’ fees of $376,000.00 to Sierra Club.
EnviroPower has not submitted a new permit application.
LAST UPDATED: November 15, 2010