YORK COUNTY, Pa. — Owners of the Brunner Island Steam Electric Station could potentially end up in court after a nonprofit environmental group announced its intentions to sue the York Haven power plant.
The Center for Biological Diversity is accusing Talen Energy Corporation and Brunner Island, LLC of failing to monitor pollution risks on its property.
Under a 2015 Environmental Protection Agency rule, the power plant is required to monitor the groundwater and prevent pollution discharges from its coal ash ponds. Ragan Whitlock, a staff attorney for the Center for Biological Diversity, believes the power plant has not complied with this rule.
“According to their own reports in the first quarter of 2024 alone, high levels of contamination from several pollutants, including lithium, aluminum and arsenic, were found in the groundwater," said Whitlock. “They are aware of the problem and have not taken any steps to remediate it.”
The nonprofit says it is worried about Ash Basin 5, which is filled with 40 feet of coal ash. Of that, about 15 feet sits below the groundwater level. Whitlock added that any discharge from the plant could impact people and wildlife living along the Susquehanna River.
“Arsenic exposure, for example, can lead to nervous system damage in humans," said Whitlock. "It can lead to cardiovascular harm and a number of cancers. It can also cause acute and chronic harm to a number of aquatic species.”
Under the notice of intent, Talen Energy and Brunner Island, LLC will have 60 days to respond to the announcement. Environmentalists hope the company will agree to clean up the coal ash ponds before they go to trial.
“We hope Brunner takes advantage of that," Whitlock said. "We hope that remedial action starts immediately.”
A spokesperson from Talen Energy released the following statement about the pending lawsuit:
"As a matter of practice, we do not comment on active litigation. The allegations are under review, and we will respond within the 60-day timeframe."