This Clean Air Act lawsuit took 10 years to get to this initial decision, but here we are, with an order to shut down coal plants, to shut them down in September, 2009, and not wait until their planned retirement in 2012.

Here’s the decision:

US v Cinergy, US District Court, Southern District of Indiana

And here’s an article about it:

Duke Energy Ordered to Shut Indiana Coal-Fired Units (Update2)

By Andrew M. Harris

May 29 (Bloomberg) — Cinergy Corp., now part of Duke Energy Corp., was ordered by a U.S. judge to shut three units of an Indiana power plant for federal Clean Air Act violations incurred during renovations more than 17 years ago.

U.S. District Judge Larry J. McKinney in Indianapolis issued the directive today, ending the second phase of a 2008 trial at which a jury found Cinergy modified the coal-fired facilities without installing best-available pollution controls.

Citing increased sulfur dioxide emissions from the units, McKinney’s 58-page ruling ordered them shut no later than Sept. 30.
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