4 MAJOR GROUPS TO SUE MIRANT FOR POLLUTION VIOLATIONS

COAL ASH WASTE CONCERNS TRIGGER LEGAL ACTION IN PRINCE GEORGE’S COUNTY: 4 MAJOR GROUPS TO SUE MIRANT FOR POLLUTION VIOLATIONS

Investigation Reveals Toxic Pollution from Coal Ash Dump Near Wildlife Refuge

WASHINGTON, D.C. – November 19, 2009 – Due to serious concerns about toxic pollution discharged from an unlined coal ash waste dump in suburban Washington, D.C., four environmental groups – Defenders of Wildlife, Sierra Club, Chesapeake Climate Action Network, and Patuxent Riverkeeper – announced today that they intend to sue Mirant MD Ash Management, LLC and Mirant Mid-Atlantic, LLC Corporation for violations of the federal Clean Water Act at the Brandywine Coal Combustion Waste (CCW) Landfill in Prince George’s County, Maryland. The Environmental Integrity Project and the Environmental Law Clinic at the University of Maryland School of Law are acting as co-counsel for the four groups.

Jennifer Peterson, Attorney, Environmental Integrity Project, said: "The TVA spill dramatized the devastation that is caused when coal waste surface impoundments burst their banks. But slow motion toxic leaks and discharges from so-called ‘dry’ landfills also pose unacceptable risks to the environment and public health." The environmental groups claim Mirant is violating the Clean Water Act by failing to comply with the terms of its Clean Water Act permit and by illegally discharging toxic pollutants into Mataponi Creek and its tributaries from outfalls and through leaks in disposal cells. Mirant’s discharges enter Mataponi Creek, which flows through Merkle Wildlife Sanctuary, a unique wildlife refuge in the Patuxent River watershed. Mirant is the target of an enforcement action by Maryland for Clean Water Act violations at its Faulkner CCW Landfill due to groundwater contamination.

Jane F. Barrett, Director of the University of Maryland Environmental Law Clinic, stated that "the citizen suit provision of the Clean Water Act is a critical enforcement tool which, in cases like this one, can be used to supplement federal and state actions by holding polluters accountable and protecting our valuable natural resources."

Mirant has also failed to submit a required report that describes how the company will eliminate all toxic discharges at the Brandywine CCW Landfill. Mirant routinely discharges selenium above Maryland’s toxic water quality criteria for aquatic life.

Adam Kron, Staff Attorney for Defenders of Wildlife, said: "Selenium and other toxic coal combustion waste pollutants accumulate in animal tissues, threatening a wide range of wildlife from rockfish to ospreys to bald eagles, causing serious respiratory, metabolic, hormonal and physiological damage, or even death. Mirant must take full responsibility for its landfill in order to prevent such harms to Maryland’s waters and wildlife."

A March 2009 report from the U.S Environmental Protection Agency (EPA) established that disposal of CCW in unlined landfills and surface impoundments is hazardous to human health and poses unacceptably high risks of cancer and diseases of the heart, lung, liver, stomach, and other organs and can poison nearby aquatic ecosystems and wildlife with bioaccumulative poisons. This contamination can continue for more than 100 years after waste is dumped. "The Brandywine landfill is just one of hundreds of dangerous ash dumps threatening human health and polluting water all across the country," Mary Anne Hitt, Deputy Director of the Sierra Club’s Beyond Coal Campaign said. "While we’re doing our best to help clean up the worst offenders, EPA needs to set strong federal standards to safeguard communities everywhere."

"From cradle to grave, pollution from coal is impacting Maryland’s vulnerable landscape and sensitive areas. It’s time to send a clear message to Mirant that polluting our communities is not acceptable," says Diana Dascalu-Joffe, Staff Attorney for the Chesapeake Climate Action Network. Fred Tutman, Patuxent Riverkeeper, said: "Unsafe management of coal waste at the Brandywine landfill poses a threat to the long term health of our constituents, and also to the value of the river as a place for renewal, sustenance, research and investment."

The Brandywine CCW Landfill contains seven million cubic yards of CCW in multiple, unlined disposal cells. Only the most recent disposal cell, which began operation in 2007, has a liner. The Maryland Department of the Environment has documented cadmium, manganese, iron, aluminum, sulfates, and total dissolved solids many times over drinking water standards in groundwater beneath the site. According to EPA, unlined landfills and surface impoundments can leach toxic pollutants like selenium, lead, arsenic, and boron at levels that wreak havoc on aquatic ecosystems and wildlife. Toxic metals can also be embedded in the sediment at the bottom of rivers and lakes, where they can be very difficult to remove, and poison bottom-dwelling plants and fish.

A copy of the notice of intent letter, as well as related attachments, is available at http://www.environmentalintegrity.org.

ABOUT THE GROUPS

Defenders of Wildlife is dedicated to the protection of all native animals and plants in their natural communities. With more than one million members and activists, Defenders of Wildlife is a leading advocate for innovative solutions to safeguard our wildlife heritage for generations to come. For more information, visit www.defenders.org.

The Sierra Club members and supporters number more than 1.3 million. Inspired by nature, the Sierra Club and its members work together to protect communities and the planet. The Club is America’s oldest, largest and most influential grassroots environmental organization. For moreinformation, go to http://www.sierraclub.org on the Web.

The Chesapeake Climate Action Network (CCAN) is the first grassroots, nonprofit organization dedicated exclusively to fighting global warming in Maryland, Virginia, and Washington, D.C. Our mission is to educate and mobilize citizens of this region in a way that fosters a rapid societal switch away from fossil fuels and toward clean energy and energy-efficient products, thus joining similar efforts worldwide to halt the dangerous trend of global warming.

Patuxent Riverkeeper’s goals are to conserve, protect, and replenish Maryland’s longest and deepest intrastate waterway. Our tools include strategic advocacy, restoration and education to achieve long term sustainability for the ecosystem of the Patuxent River Basin and the people who rely on its future.

The Environmental Integrity Project (http://www.environmentalintegrity.org) is a nonpartisan, nonprofit organization established in March of 2002 by former EPA enforcement attorneys to advocate for effective enforcement of environmental laws. EIP has three goals:

1. to provide objective analyses of how the failure to enforce or implement environmental laws increases pollution and affects public health;
2. to hold federal and state agencies, as well as individual corporations, accountable for failing to enforce or comply with environmental laws; and
3. to help local communities obtain the protection of environmental laws.

The Environmental Law Clinic at the University of Maryland School of Law provides pro bono legal services to environmental organizations and other clients concerned about environmental problems in Maryland, as well as issues of national significance that affect the State’s environment. The Clinic’s practice includes advocacy in the areas of litigation, legislation, rulemaking, permitting, counseling, and negotiation.

CONTACT:

Ailis Aaron Wolf, (703) 276-3256 or aaaron@hastingsgroup.com

Jennifer Peterson, Environmental Integrity Project, (202) 263-4449

Adam Kron, Defenders of Wildlife, (202) 772-3224

Craig Segall, Sierra Club, (202) 548-4597

Diana Dascalu-Joffe, Chesapeake Climate Action Network, (703) 772-2472

Fred Tutman, Patuxent Riverkeeper, (301) 249-8200 Ext. 7

Jane F. Barrett, University of Maryland Environmental Law Clinic, (410) 706-8074