Judge orders pollution study at Duke plant

A federal judge in Asheville has ordered Duke Energy to fully analyze expected emissions of mercury and other toxic pollutants from its expanding Cliffside power plant.

In a victory for environmental groups that sued to stop the $2.4 billion project, Judge Lacy Thornburg told Duke to complete an analysis of "maximum achievable" pollution controls within 60 days.

Duke said it would comply with the decision but immediately appeal it.

Thornburg did not order a halt to construction.

"While such a drastic measure is justified by [Duke's] refusal to comply with the plain requirements of current law, the court concludes that defendant should be given the opportunity to comply ... after which injunctive relief may be granted, if necessary," Thornburg wrote.

"This is a very strong but measured ruling from the court that sends a clear message to Duke that they can't continue to dance around the law," said John Suttles of the Southern Environmental Law Center in Chapel Hill, which represented the environmental groups.

In July, the N.C. Division of Air Quality asked Duke to voluntarily conduct an analysis. In October, Duke said its total hazardous emissions would be below the threshold that triggers the analysis environmentalists sought.

Thornburg rejected that claim. "Duke is simply refusing to comply with controlling law," he wrote.