Environmental group files court brief challenging air permit for new fossil fuel plant

The Chesapeake Bay Foundation filed a court brief in support of challengers to the Virginia DEQ approval of an air permit for Dominion Energy’s proposed new fossil fuel power plant in Chesterfield County.

It’s good to see somebody in the environmental advocacy sector getting involved in a local matter in Virginia.

We can’t seem to get anybody in that sector interested in little ol’ Waynesboro.

Ahem.

At issue in Chesterfield County: a proposed 944-megawatt natural gas plant would be located in the footprint of the retired coal-fired Chesterfield Power Station, near the Dutch Gap conservation area south of Richmond.

The new plant could result in over 2 million tons of greenhouse gas emissions annually, contributing additional pollution to the Chesapeake Bay.

The proposed facility would emit pollutants including nitrogen oxides (NOx) and fine particulate matter (PM2.5).

There is no safe level of exposure to PM2.5, which is linked to premature death, asthma, cardiovascular disease and other serious health conditions.

DEQ announced its decision to grant the Prevention of Significant Deterioration Permit for Dominion’s $1.47 billion Chesterfield Energy Reliability Center in a letter dated Dec. 19.  

CBF submitted the brief in support of a challenge to DEQ’s issuance of the air permit filed by the Southern Environmental Law Center on behalf of the Chesterfield County branch of the NAACP, CASA Inc., Appalachian Voices, and Mothers Out Front.

CBF submitted the brief on July 2 in Richmond Circuit Court.

Chesapeake Bay Foundation Environmental Justice Staff Attorney Taylor Lilley issued the following statement on the legal matter:

“DEQ’s decision is a reversible error. It issued this permit without a reasonable legal justification and failed to comply with the Commonwealth’s environmental justice requirements.

“Dominion’s forecasts on potential effects to environmental justice communities are incomplete at best. It is unclear just how much this plant will harm frontline populations who typically bear the brunt of pollution.

“Scientific evidence shows there is no safe level of exposure to PM2.5, and Black communities often face the most severe negative effects from it. None of this critical nuance is reflected in the Department’s review of this permit.

“The court should remand this permit to DEQ for review consistent with the environmental justice laws and precedent in place. This move would begin to address the harms posed by this ill-conceived and unjustified project.”