Ohio River discharge lawsuit settled by LG&E and the Sierra Club

Published on September 30, 2016 by Alyssa Michaud

In accordance with a proposed consent decree filed by the U.S. District Court for the Western District of Kentucky at Louisville on Tuesday, Louisville Gas and Electric Company (LG&E) and the Sierra Club settled an active lawsuit concerning the handling of direct discharges from Mill Creek’s ash pond.

“We are pleased that we were able to reach an agreement with LG&E that will help protect water quality in the Ohio River and fund an effort to address other water quality issues in the Mill Creek watershed,” Judy Lyons, chair of the Sierra Club Cumberland Chapter, said. “Going forward, we will continue to encourage the company to focus on expansion of renewable sources of energy as it reduces its reliance on coal.”

In addition to resolving a dispute regarding the terms of its permit, LG&E has consented to eliminate the use of a disputed open discharge point by the end of the year, and to undertake water sampling in the coal ash impoundment, with results submitted to the Kentucky Division of Water.

“We had a vigorous disagreement over the meaning of certain permit language in this case, but are glad to have reached a resolution that brings this dispute to an end,” Victor A. Staffieri, chair, CEO and president of LG&E, said. “While we may not always agree with the Sierra Club, we take seriously our commitment to being a good environmental steward while providing low-cost, reliable energy to our customers.”