Out of its total 4,971 MW of electric generating capacity in 2005 (0.47% of the U.S. total), Westar produced 59.5% from coal, 38.6% from natural gas, and 1.8% from oil. All of Westar's power plants are in Kansas.<ref name="EIA">[http://www.eia.doe.gov/cneaf/electricity/epa/epat2p2.html Existing Electric Generating Units in the United States, 2005], Energy Information Administration, accessed April 2008.</ref>
==Justice Department and EPA file clean air lawsuit against Westar==
On February 4, 2009, the U.S. Justice Department and the Environmental Protection Agency filed a clean air lawsuit against Westar, claiming the company updated a coal plant in Kansas without installing modern pollution controls. The suit alleges that Westar's 1,857 MW Jeffrey Energy Center has violated the Clean Air Act for over a decade.<ref name="reu">[http://uk.reuters.com/article/marketsNewsUS/idUKN0431945320090205 "U.S. files clean air lawsuit against Westar Energy,"] Reuters, February 5, 2009.</ref>
The lawsuit was filed in U.S. district court in Kansas City and cites Westar for violating the 'new source review' portion of the Clean Air Act. A spokesperson for the Justice Department declined to estimate how much Westar may face in fines. The largest fine in a new source review lawsuit was a $1.4 billion settlement with [[American Electric Power]].<ref name="reu"/>
In response to the suit, Westar issued a statement saying:<ref>[http://www.earthtimes.org/articles/show/westar-energy-responds-to-epaus-department-of-justice-lawsuit,705223.shtml "Westar Energy Responds to EPA/U.S. Department of Justice Lawsuit,"] Earth Times, February 4, 2009.</ref>
<blockquote>''We have known for more than six years, and have even publicly disclosed, that the Department of Justice at some point might file a lawsuit.''</blockquote>
<blockquote>''We are good environmental stewards, and that is why over the last several years, we have invested nearly $500 million to remove up to 90 percent of the very emissions that the EPA has targeted with its complaint. We also expect to invest more than $1 billion in additional equipment over the next five years. A graphic detailing our target emissions reductions appears with this statement.''</blockquote>
==Westar/DeLay scandal==