The Southern Highland Reader

STATEWIDE–State air regulators on Friday granted Duke Energy’s request to treat the new 800-megawatt Cliffside 6 power generating unit it is building west of Charlotte as a “minor source” of pollution.

The designation could allow Duke to sidestep the public process of analyzing and installing the most stringent controls to reduce hazardous pollutants such as mercury. That issue is still before the federal court, and the Division of Air Quality’s decision will allow Duke lawyers to argue that federal courts no longer have jurisdiction in the matter.

Environmentalists reacted angrily to the decision.

“Today’s permitting decision … puts the health of North Carolina citizens at risk and puts North Carolina out of step with the national trend away from coal,” said Elyse Jung, of the N.C. Sierra Club.

Avram Friedman, of Sylva, Director of the Canary Coalition, wrote this, in an open letter to Governor Perdue: “Plans for building new coal burning power plants are being abandoned throughout the rest of the country. There is no reason for you to allow Duke Energy to give North Carolina the stigma of being one of the last bastions of dirty coal.”

Duke Energy framed the decision as proof that it is becoming a more responsible corporate citizen, and that the decision was appropriate given the current economic climate.

Here’s an excerpt from a story in Saturday’s Raleigh News and Observer:

A coalition of environmental groups sued last year, challenging Duke’s construction of a major pollution source without an analysis of the maximum pollution controls needed. In December, U.S. District Judge Lacy Thornburg sided with the environmental groups and ruled that Duke was “simply refusing to comply with the controlling law.”

Read the N&O’s coverage from Wade Rawlins here.

Release from the Southern Environmental Law Center

Earlier release from Canary Coalition vowing non-violent protest