BP sued in federal court

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BY CHRISTINE KRALY
ckraly@nwitimes.com | Wednesday, July 09, 2008 | (22 comment(s))

HAMMOND | Environmentalists are taking another swing at BP’s new Whiting plant air permit, this time by suing the company in federal court.

PDF: Read the suit

The Natural Resources Defense Council filed a suit Wednesday against BP in federal court in Hammond for violations of the Clean Air Act, according to the NRDC.

The group’s lawsuit focuses primarily on three new flares -- the large torch structures used to relieve pressure in the refinery – planned as part of the refinery’s $3.8 billion expansion.

The NRDC has alleged BP’s air permit does not properly account for any increased pollution from the flares, and has criticized the Indiana Department of Environmental Management for being too lax in BP’s permitting.

BP and IDEM have defended the permit as legal and protective of the environment. The U.S. Environmental Protection Agency recently upheld the IDEM-backed permit, allowing BP to continue building its expansion.

In a statement, NRDC senior attorney Ann Alexander said, “Flares are enormous sources of pollution. That pollution may be a little harder to count than some other types of pollution, but you still have to do it. It’s not an option for BP and IDEM to stick their heads in the sand and act like the problem does not exist.”

Alexander continued: “IDEM and BP did not learn their lesson after the public outcry over water pollution permits last summer. They had an opportunity to do things right this time, and they didn’t take it,” said Ann Alexander, a senior attorney at NRDC. “The permits simply do not protect the public and do not live up to the law. The failure of Indiana and BP to take the public interest and the law seriously has forced the issue and required that this case be brought before the federal courts.”

The NRDC is assisting other groups that have filed appeals of the air permit with the Indiana Office of Environmental Adjudication.

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VPG wrote on Jul 12, 2008 8:03 AM:

" You guys need a 12 step program to get off of OIL!!! "

face the facts wrote on Jul 9, 2008 8:11 PM:

" People in Whiting should be mad at BP remember the enviromentalist are the ones that put a stop to building new refineries in less inhabitad aeras.
Personly I hope BP sues NRDC when they win to recupe their losses insted of passing the cost onto us.
Remember there are more people driving every day it takes more gas than it did 40 years ago. "

marinauser wrote on Jul 9, 2008 4:55 PM:

" These are the same people that drive their cars to attend protests against building refineries or drilling for oil. The usual NIMBY that expects to always fill up their gas tank at the station but doesn't want to be bothered by the refineries that produce the gas. That, or they won't be happy until we all have to ride bicycles everywhere and ban cars entirely. "

JTV wrote on Jul 9, 2008 4:42 PM:

" This is the reason why gas prices are so darn high....I'm sick of these enviro nuts....Drill Baby Drill and leave our refineries alone!!!!! "

new generation wrote on Jul 9, 2008 4:30 PM:

" If you work for the oil industry its your 15 minutes of fame thats about up. Lets get smarter before its too late. "

Not a BP Guy wrote on Jul 9, 2008 4:25 PM:

" Build it bigger? I think not - shut the whole PLACE down and there will not be any pollution! The next target is eliminating all the cattle as they produce more methane than all the refineries put together. Plants convert co2 into o2 and eliminate greenhouse gasses so we should all be vegetarians. Remember, every time you pass gas you are polluting the atmosphere. "

BP gay... wrote on Jul 9, 2008 4:05 PM:

" You're "protecting" the environment by putting MORE pollutants into our waste stream??

I can tell that you live out of the little city by the lake - and far away from the pollution and the "blast zone". "

Read em Weep wrote on Jul 9, 2008 3:46 PM:

" In a letter to IDEM dated June 13, the chief of EPA Region 5 air permits section, says the agency reviewed the proposed Title V operating permit and compared it to issues it had raised concerning the draft construction permit, as well as to issues raised by the public.

"As a result, EPA concludes that IDEM has adequately addressed the issues raised in our March 21, 2008 letter," states Pamela Blakely in the letter. "We have no further comments on the proposed Title V operating permit." "

nd BP guy wrote on Jul 9, 2008 3:27 PM:

" I agree with the first BP guy. "

Whiting resident wrote on Jul 9, 2008 3:11 PM:

" BP guy -- I know that the workers at BP do their best to live within the letter of the law BUT do you live in Whiting? Do you live in its shadow and deal with their noise, air, water and whatever else pollution? There are a lot of second generation families raised in Whiting who will not live here because of BP but they still work there. OSHA guidelines are for workers who leave that environment (8 hours a day and then go home. Whiting people, especially school children, live in that environment 24/7. I am not saying who is right or wrong but think before you bash either side when, even working there, does not give you the whole story. "

sinnsage wrote on Jul 9, 2008 2:44 PM:

" This suit sounds like abuse of process and at best a nuisance suit, because Bp refuses to comply with NRDC. Who is the NRDC that anyone must listen to em? "

Sick and Tired wrote on Jul 9, 2008 2:40 PM:

" I am sick and tired of these environmental guys trying to shut this project down. I bet they all drive big SUV’s and complain about gas prices. "

Wet Hen wrote on Jul 9, 2008 2:35 PM:

" Making as much money as possible with no regard for their workers or their surroundings is BPs only reason to exist.
Wait till that sand oil comes in from Canada,then see how you will like slogging ankle deep in goo and stinking like crude. Believe me the smell does go away with one washing
This is not light sweet crude they are planning to bring in.
BP is not a good neighbor. "

Not Anti-Environment wrote on Jul 9, 2008 2:33 PM:

" I'm reminded of the parable of the talents, whereas one person returned exactly what was given with no attempt to improve the lot. Yes, we were given responsibility of the environment but also the privilege to use those resources to improve the lot. Expansion of the refineries will lessen the impact that accidents at refineries will have on our financial health and reliance on foreign powers as would opening the proven offshore oil fields to responsible US companies. I'm sure the technology is far improved from when oil was first discovered as is the environmental impact. "

RLG wrote on Jul 9, 2008 2:30 PM:

" I have a great Idea. Why don't we shut down BP altogether. That way the fish and birds will be safe and the air will be pristine. That is until we all have to stop driving our cars because of the fact that the 4th largest refinery in the country is no longer producing gas and we are paying $15. And when we stop driving our cars and go back to the horses, I hope Ann alexander likes the smell and I hope the fish like the runoff from all of the mess. When will people realize that their positions they take to "protect the environment" will actually in the long run do more harm to the overall environment. Not to mention the fact that all of the jobs that will be lost will have on the economic environment in this area.
WAKE UP PEOPLE!!!! "

BT Girl wrote on Jul 9, 2008 2:29 PM:

" Well "BP Guy" do you really think that BP cares about the health of NWI residents and the environment?! Everyone knows that its all about making or saving a buck and if it is at the expense of the environment or local residents health, so be it. People don't want the BP plant to close and people to loose jobs, just move in a new direction, like solar or water power and create different jobs with that. We will bake this planet before an oil company changes without being forced by the courts and legislation. "

BP guy wrote on Jul 9, 2008 2:28 PM:

" To Anne Alexander and the NRDC, this refinery is focused around safety for our employees, our enviroment, and our neighbors. Give it up already.... "

another BP guy wrote on Jul 9, 2008 2:16 PM:

" read things more carefully. the new flares that are going up are for emergencies only. and any use of them will get reported to IDEM. why cant people get stories straight before writing about them????? "

Yawn....... wrote on Jul 9, 2008 2:14 PM:

" Anyone with the money to pay a lawyer can sue anyone for anything. This means nothing... "

bo changles wrote on Jul 9, 2008 2:05 PM:

" this is one of the reasons gas is so HIGH. its the gore factor "

Gas Producer wrote on Jul 9, 2008 2:00 PM:

" Making Gasoline isn't a clean process....get over it. How many of the things you use every day comes from 0 enviromental impact products? None. "

BP guy wrote on Jul 9, 2008 1:48 PM:

" To Ann Alexander and the NRDC; you'd better come out with all guns blazing this time, because your 15 minutes of fame are about up. You can call me biased because I work for BP; nonetheless, my peers and I are proud of both the job we do and the steps we take, within our job scope, to protect the environment. "

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