U.S., Illinois sue company for failing to install proper pollution controls

Midwest Generation LLC, an Edison International unit, was sued by the U.S. Justice Department and the Illinois attorney general for allegedly failing to install proper pollution controls on six power plants in the state, violating the federal Clean Air Act.

The joint complaint, filed in U.S. District Court in Chicago, seeks an order barring operation of the plants except in accordance with the act and a directive that the company install the best available pollution controls.

Edison International is based in Rosemead, California. Its Midwest Generation unit, based in Chicago, has been working with state officials to resolve pollution control issues for more than two years, Douglas McFarlan, a company spokesman, said.

After discussions with the state's environmental protection agency, the company had already installed state-of-the-art mercury controls at its Joliet facility, according to a company press release issued last week.

Still, Illinois Attorney General Lisa Madigan yesterday said the company was illegally emitting "massive amounts" of pollutants including sulfur dioxide.

Clean Air Act violations are punishable by fines of as much as $37,500 a day, depending on when they occur, according to the complaint.

Should efforts at a negotiated settlement fail, "we're prepared to vigorously defend," McFarlan said.