State of New York sues two power companies over air pollution

Suit names Niagara Mohawk Holdings and NRG Energy

Jan. 10, 2002 — Officials from the state of New York have filed a federal lawsuit against two major power companies, accusing them of violations of the Clean Air Act at a couple of coal-burning generating facilities.
The state is suing Niagara Holdings Inc. and NRG Energy Inc. over alleged violations in the Dunkirk and C.R. Huntley plants, located in western New York, according to a Reuters News Service report.
According to the lawsuit, the plants are releasing a large amount of nitrogen oxide and sulfur dioxide into the air. The state said the power plants were upgraded, but the power companies skipped upgrades of the air pollution controls as required by the Clean Air Act.
Niagara Mohawk bought the plants from NRG Energy and has been trying to get the original owner to bear the cost of upgrading pollution systems. Niagara Mohawk has a standing lawsuit against NRG which it filed in 2001 and has said that the state lawsuit is the result of a disputed interpretation of the New Source Review provision of the Act, Reuters said.

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