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Thursday, April 18, 2024

Environmentalists allege violations of Clean Air Act in Arkansas federal court

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LITTLE ROCK — Environmental activists are suing Entergy Arkansas Inc., Entergy Power LLC, and Entergy Mississippi Inc., power plant owners/operators, citing alleged violations of the Clean Air Act.

Sierra Club and National Parks Conservation Association filed a complaint on Nov. 16, in the U.S. District Court for the Eastern District of Arkansas against the defendants alleging that their power plants emit air pollutants.

According to the complaint, the plaintiffs allege that Sierra Club and National Parks Conservation Association are aware of the health and environmental impacts associated with the air pollution from the Independence and White Bluff plants owned/operated by the defendants, and are concerned about harm to their health and the surrounding environment, including the public lands and natural resources. The plaintiffs hold Entergy Arkansas Inc., Entergy Power LLC, and Entergy Mississippi Inc. responsible because the defendants allegedly made major modifications that caused the significant emissions. Additionally, they allegedly did these without the necessary permit and are operating the plants without completing a permit application.

The plaintiffs request a trial by jury and seek to permanently enjoin defendants from operating the Independence and White Bluff plants except in accordance with the Clean Air Act, and Arkansas SIP; order defendants to remediate the environmental damage and ongoing impacts.  Plaintiffs also seek for an amount up to $45,268 per day per violation plus costs of litigation, and attorney's fees. They are represented by Richard H. Mays of Williams & Anderson PLC in Little Rock.

U.S. District Court for the Eastern District of Arkansas Case number 4:18-cv-00854-KGB

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