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SW: →Westar settles lawsuit filed by Justice Department and EPA: added section
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>
===Westar settles lawsuit filed by Justice Department and EPAClean Air Act Settlement===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. It was the first such suit under the Obama administration. The suit alleges alleged 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 cited Westar for violating the 'new source review' [[New Source Review]] (NSR) portion of the [[Clean Air Act]]. A spokesperson for the Justice Department declined to estimate how much Westar may would face in fines. The largest fine in a new source review NSR 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 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>
In its 2008 annual report Westar stated "A decision in favor of the DOJ and the EPA, or a settlement prior to such a decision, if reached, could require us to update or install emissions controls at Jeffrey Energy Center. Additionally, we might be required to update or install emissionscontrols at our other coal-fired plants, pay fines or penalties or take other remedial action. Our ultimate costs to resolve the NSR Investigation and the related DOJ lawsuit could be material. We believe that costs related to updating or installing emissions controls would qualify for recovery in the prices we are allowed to charge our customers. If, however, a penalty is assessed against us, the penalty could be material and may not be recovered in rates. We are not able to estimate the possible loss or range of loss at this time."<ref> Westar Energy, [http://phx.corporate-ir.net/External.File?item=UGFyZW50SUQ9MzMwODgyfENoaWxkSUQ9MzEyODEwfFR5cGU9MQ==&t=1 Westar Energy 2008 Annual Report"], Westar Energy, page 14.</ref>
On September 29, 2009, the [[Sierra Club]] announced it was planning to file a request in federal court to intervene in the lawsuit. Attorney Bob Eye said the group wanted to provide expertise and support in backing the claims made against Westar. He said the Sierra Club did not plan to raise new issues in the case.<ref>John Hanna, [http://www.google.com/hostednews/ap/article/ALeqM5hRMAs9BrI8kMazLxSfPO6_sQ5v6wD9B17FJO0 "Sierra Club wants to join lawsuit against Westar,"] Associated Press, September 29, 2009.</ref>
On January 25, 2010, [[Westar Energy]] agreed to spend $500 million to reduce sulfur dioxide pollution at its [[Jeffrey Energy Center]] in Kansas by installing [[scrubbers]] by the end of 2014. The company said it had opted to settle rather than to litigate.<ref>[http://online.wsj.com/article/BT-CO-20100125-708735.html?mod=WSJ_latestheadlines "Westar Settles Air Quality Suit For $3M, Plant Upgrade,"] ''Wall Street Journal'', January 25, 2010.</ref> The installation of scrubbers will reduce combined emissions of sulfur dioxide and nitrogen oxides by 78,600 tons each year. That figure is 85 percent lower than their 2007 emissions. Additionally, Westar will give up surplus sulfur dioxide allowance, which cannot be used again, permanently removing them from the environment. The company will also required to control for lower particular matter emissions. The EPA also reported that Westar will spend $6 million to mitigate the detrimental effects of the accused violations, including:
*Retrofitting diesel engines on vehicles owned by or operated for public entities in Kansas with emission control equipment.
