Challenging EPA's "Free Pass" for the Avenal Power Plant
Earthjustice is challenging a string of EPA actions that have exempted the proposed Avenal gas-fired power plant from key environmental safeguards.
Center for Biological DiversityGreenaction for Health and Environmental JusticeSierra Club
Paul Cort
Regional Office / Program
Case Overview
If built, the Avenal gas-fired power plant would rain down pollution on one of the most polluted and economically disadvantaged areas of California’s San Joaquin Valley—a region known for some of the highest levels of ozone and soot pollution in the nation. The nearby cities of Avenal, Huron and Kettleman City are predominantly low-income, communities of color that already suffer from health impacts related to air and other sources of pollution.
In 2011, the Environmental Protection Agency issued a permit for the project that illegally waived the need to comply with several key air pollution standards. Since then, Avenal has chosen not to begin construction of the project even though by law the permit expires after 18 months. In its latest move, executed without any public participation, EPA has now also waived the 18-month construction deadline, compounding the project’s failure to demonstrate that it will install state-of-the-art greenhouse gas controls and that it will not cause or contribute to the Valley’s ongoing air pollution problems.
Earthjustice is representing a coalition of environmental justice and conservation groups in lawsuits that challenge EPA’s decisions to issue and then extend Avenal’s federal air pollution permit.
Haze over California’s Central Valley, viewed from the International Space Station on January 17, 2014. (NASA Earth Observatory)
August 12, 2014 Press Release: Victory
Federal Court Strikes Down Illegal Permit for Avenal Power Plant in California
The 9th Circuit Court of Appeals today struck down an illegal permit that would have allowed Avenal Power to build a new gas-fired power plant in Avenal, Calif. In 2011, the U.S. Environmental Protection Agency (EPA) issued a permit for the project that illegally waived its need to comply with air quality safeguards. Had this…
August 12, 2014 Document
Court Decision: Federal Court Strikes Down Illegal Permit for Avenal Power Plant in California
The 9th Circuit Court of Appeals today struck down an illegal permit that would have allowed Avenal Power to build a new gas-fired power plant in Avenal, Calif. In 2011, the U.S. Environmental Protection Agency (EPA) issued a permit for the project that illegally waived its need to comply with air quality safeguards. Had this...
September 6, 2013 Press Release
Groups Challenge EPA “Free Pass” for Proposed California Power Plant
Clean air advocates go to court to defend San Joaquin Valley against Avenal facility’s pollution
Case page created on September 6, 2013.