U.S. Power Company Accused Of Canadian Environmental Crimes
Citizen files action to reduce dangerous mercury emissions from DTE Energy
Sarnia, Ontario — On Wednesday, March 6, a Canadian citizen filed criminal charges against a U.S. power company for polluting the St. Clair River with mercury. Scott Edwards is Legal Director of Waterkeeper Alliance and an authority on mercury pollution. Edwards’s complaint alleges that DTE Energy Company’s coal-fired power plant on the banks of the St. Clair River violates the Canadian Fisheries Act.
DTE Energy, the parent company of Detroit Edison, operates the St. Clair/Belle River coal-fired power plant complex in Michigan. On average, the facility emits 2,000 pounds of mercury each year. A test of pollution control technology in 2004 reduced mercury emissions at the St. Clair plant by 94 percent. Yet, at the conclusion of the 30-day test, DTE Energy disengaged the mercury control technology and went back to emitting the mercury into the air.
More than half of DTE Energy’s mercury emissions land in Canada. When the mercury enters the St. Clair River, it spreads throughout the food chain, harmfully altering fish habitat and rendering fish unsafe for human consumption.
Edwards alleges DTE Energy’s mercury deposits are illegal under Canada’s Fisheries Act and launched a private prosecution. Private prosecutions allow any Canadian citizen to independently prosecute offences in the Canadian criminal courts. If convicted, DTE could face fines of up to $1 million a day. The complaint alleges two years of violations, for potential fines up to $730 million.
“DTE has acted with a blatant disregard for the health and welfare of Canadian citizens and Canadian law,” states Edwards. “They have chosen pollution over people. For minimal cost, DTE can provide safe energy while slashing its harmful mercury emissions. It is my hope this prosecution will result in significant reductions in DTE Energy’s mercury emissions and a cleaner and safer St. Clair River.”
Scott Edwards is aided in the action by two other members of Waterkeeper Alliance, Mark Mattson and Doug Chapman. Mattson is lead investigator and the Lake Ontario Waterkeeper. Doug Chapman is lead counsel and the Fraser Riverkeeper.
Detroit Edison’s electric generating station consists of three coal-fired power units. One of these was fitted with mercury removal technology for a U.S. EPA sponsored pilot study. That technology cut mercury emissions from that unit by up to 93 percent. Yet the company and EPA claim that the mercury reduction technology is not viable.