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Shut down Cliffside project, activists urge

The Associated Press

Published: Thu, Jul. 17, 2008 12:30AM

Modified Thu, Jul. 17, 2008 01:02AM

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CHARLOTTE -- An environmental group asked a federal judge Wednesday to halt construction of a new coal-fired generator in Western North Carolina until Duke Energy proves that it is using the best technology to stop hazardous pollution.

The Southern Environmental Law Center claims that Duke violated the federal Clean Air Act by not using the maximum technology available to capture mercury and control other hazardous pollutants that will be discharged from the generator. The group wants construction at the Cliffside Steam Station, about 50 miles west of Charlotte, stopped until the case is resolved.

"Every day that Duke continues to build this plant, it flouts the law and exposes the public and its shareholders and ratepayers to unnecessary risk," said John Suttles, senior attorney for the environmental advocacy group.

The lawsuit was filed in U.S. District Court in Asheville on behalf of the Sierra Club, the Southern Alliance for Clean Energy, National Parks Conservation Association, Natural Resources Defense Council and Environmental Defense Fund. No hearing date has been set.

Duke Energy spokeswoman Marilyn Lineberger said the utility just received the lawsuit Wednesday and would not comment. The company has said it will fight attempts to stop the project.

The lawsuit is based in part on a recent federal appeals court ruling involving power plant emissions.

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