Polluting Pennsylvania Power Plant Gets Sued

Polluting Pennsylvania Power Plant Gets Sued



October 2007

 Ralph Hysong lives 
about a mile from FirstEnergy's Bruce Mansfield coal-fired power plant in 
Beaver County, Pennsylvania, so close that he can see the plant's two 
stacks from his front window. 
Born and raised in the county where he has lived all his life, Hysong now 
has serious health problems - respiratory and cardiac disease, a blocked 
artery. His blood tests high in arsenic. His children and many other 
people in the community have a constant range of health problems from 
rashes to autoimmune diseases, some have continuous strep throat some 
childrens's hair is falling out. 
"I think we're sick because of the stuff that comes out of the stacks," he 
declared. 
Hysong is one of three Bruce Mansfield neighbors who have filed a lawsuit 
against FirstEnergy today, seeking an end to the air pollution. The 
neighbors are joined in their lawsuit by Citizens for Pennsylvania's 
Future, PennFuture, a statewide public interest membership organization 
that advances policies to protect and improve the state's environment and 
economy.

A leader in the community fighting to stop the pollution, Hysong is a 
member of PennFuture and of the Action Committee to Improve the 
Environment of Beaver County. 
Hysong is so worried about the pollution, he says, that in July, he helped 
to organize 136 residents to petition state legislators to do a community 
health assessment and epidemiological studies. "I did this for my family 
and neighbors," he said. 
"I urged my children to move away," said Hysong. "While I miss seeing my 
grandchildren frequently, I could not in good conscience have them live 
under this awful pollution. I was watching their health deteriorate before 
my eyes. Now, the kids just come for short visits, and we make them stay 
inside as much as possible." 
Today's lawsuit alleges that the plant has violated both the federal Clean 
Air Act and the Pennsylvania Air Pollution Control Act, and that neither 
the U.S. Environmental Protection Agency, EPA, nor the Pennsylvania 
Department of Environmental Protection, DEP, have begun or are prosecuting 
either a civil or a criminal action to require the plant to stop 
polluting. 
"The citizens of Beaver County have suffered under a cloud of black rain 
from this plant for too long," said Charles McPhedran, chair of 
PennFuture's law staff. "They aren't able to play outside with their 
children and grandchildren, swim in their swimming pools, or even grow 
vegetables and livestock, since the black soot from the plant makes all 
those activities risky. With no end in sight, we've had no choice but to 
go to court to make FirstEnergy clean up its act." 
PennFuture is representing itself and three of its members who live near 
the plant, Anna May Moore and Robert Jones as well as Hysong. 
"A parent worries about bumps and bruises when their kids play outside; 
Bruce Mansfield's neighbors also worry about whether their kids will get 
sick from breathing the air," said Stephanie Kodish, counsel with the 
Environmental Integrity Project and co-counsel on the FirstEnergy case. 
"This lawsuit demands that the coal plant better control its pollution to 
protect children's health." 
In May, PennFuture issued a 60 day notice of intent to sue FirstEnergy 
over the emissions from the Bruce Mansfield power plant. Since then, 
McPhedran says he met with representatives of FirstEnergy and explored 
"whether there was a type of pollution control that we would regard as 
adequate that they could install." He says no agreement was reached. 
Currently, the plant is required to monitor air quality just one hour per 
week. McPhedran says the lawsuit seeks an order for continuous opacity 
monitoring. Other power plants in Pennsylvania have such monitors, but the 
DEP has not insisted that they be installed at Bruce Mansfield. 
Records provided by FirstEnergy show that the Bruce Mansfield plant 
released harmful and illegal air pollution at least 257 times between 
November 22, 2002 and March 29, 2007, says McPhedran. 
The plaintiffs want FirstEnergy to deal with lower level continuing 
violations as well as ending the major releases, which can be 
catastrophic. 
On July 22, 2006, residents within a five mile radius of the plant were 
deluged with "black rain," which damaged homes, automobiles, crops, 
livestock and other vegetation and structures. 
After the 2006 episode, Penn State University officials warned residents 
not to sell, butcher or eat livestock that had been exposed to the black 
rain, and farmers were instructed to throw away any crops or honey that 
had been exposed. 
After that, FirstEnergy representatives purchased Hysong's garden for 
$600, he says, and he cut down all the fruit trees in his yard, lest his 
grandchildren become ill from eating the fruit. 
"The neighbors of this plant are fed up by the lack of action by 
FirstEnergy, and they are determined to put an end to the constant specter 
of air pollution," said McPhedran. "We will use all our legal options to 
put an end to this nightmare." 
A copy of the complaint filed today and the declarations of the 
plaintiffs, Hysong, Moore and Jones are posted on the PennFuture website, 
www.pennfuture.org. 

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