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Judge orders shutdowns of plant units

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A federal judge in Indianapolis has ordered the shutdown of three units at a Terre Haute coal-fired power plant because of clean air violations committed almost two decades ago.

In his 58-page ruling issued late Friday afternoon, U.S. Judge Larry McKinney in the Southern District of Indiana ruled that Duke Energy - which bought out Cinergy Corp. in 2006 - has to close three units by Sept. 30.

This is the latest decision in the decade-old case of U.S., et al. v. Cinergy Corp., et al., 1:99-CV-1693, which involves issues surrounding parts of the Clean Air Act intended to make sure that older power plants that have major upgrades also meet more modern pollution limits with new permitting and emissions controls. A federal jury in a May 2008 liability trial found that Cinergy had violated the law at its Wabash plant, but cleared the company regarding modifications made at four other plants in Indiana and Ohio. A remedy trial earlier this year paved the way for this ruling from Judge McKinney.

Most of the plant's capacity is unaffected by the ruling, which calls for units 2, 3 and 5 to be closed down.  The remaining two Duke-owned units at the station will be unaffected. The change will remove about 39 percent of the station's overall 677-megawatt power-generating capacity by shutting down units that are more than 50 years old, according to Duke.

Judge McKinney accelerated a timetable proposed by Duke in February, ordering that the shutdown happen this year rather than 2012. His ruling also means the company won't have to install additional emissions reduction equipment on the two units staying open, that Duke will need to surrender money spent between May 2008 and September 2009, and that Duke will pay less in fines on the Beckjord plant near Cincinnati - $687,500 instead of $1.32 million.

"We are disappointed with the court's decision to accelerate the shutdown...," Duke Energy Chief Legal Officer Marc Manly said in a written statement. "But even though disappointed, I will reiterate our satisfaction that after 10 years of litigation, the company's position regarding power plant projects was vindicated in the vast majority of instances about which the government originally complained. We will continue to review the Court's ruling and evaluate our options."

This fits into a larger clean air violation puzzle ongoing in federal court. After last year's trial, Judge McKinney ordered a new trial be held on projects at three plants in Indiana and Ohio. That happened last month, and the jury found violations on two repair projects at the Gallagher plant in Floyd County and none at four other projects at the Gibson plant in southwest Indiana and the Beckjord plant in Ohio. A second remedy phase for these recent violations hasn't yet been scheduled.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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