Sierra Club v. Georgia Power Co.

Georgia Power Company (Georgia Power) (defendant) operated the Wansley steam-electric generating plant (Wansley plant) in Heard County, Georgia. The Wansley plant was one of the largest power plants in the country. In 2000, Georgia Power wished to construct new power-generation units at the Wansley plant that would increase nitrogen oxide (NOx) emissions. As required by the Clean Air Act (CAA), Georgia had adopted and obtained Environmental Protection Agency (EPA) approval for a state implementation plan (SIP) for attaining and maintaining national ambient air quality standards (NAAQS). NAAQS were maximum allowable levels of certain air pollutants, including NOx. Georgia’s SIP required that the owner or operator of any new or modified stationary source of NOx emissions obtain emissions offsets prior to operation. Emissions offsets were reductions in NOx emissions from other major stationary sources of NOx emissions in the area. To allow for the construction of a new or modified source, the owner or operator had to apply for an amendment to their Title V permit, which incorporated requirements under the CAA, including SIP requirements. Georgia’s Environmental Protection Division (EPD) amended Georgia Power’s Title V permit to allow for the proposed construction. The amended permit required Georgia power to obtain 457.9 tons of NOx emission offsets from its other emission sources for the 2002 ozone season. Georgia Power obtained amendments to its Bowen Plant Permit (Bowen Permit). The Bowen Plant reduced emissions below the 457.9-ton limit during the 2002 ozone season. The EPD gave Georgia Power corresponding credit for the Wansley Plant’s new NOx emissions for the 2002 ozone season. Sierra Club (plaintiff) filed a citizen suit challenging that Georgia Power’s offsets did not comply with the CAA. Georgia Power moved for summary judgment.