Energy Companies Dodge Citizen Suit Over Ammonia Air Pollution

Two energy companies escaped claims that they polluted the air with ammonia, when a federal judge said that Clean Air Act citizen complaints are barred if a government entity is already prosecuting the alleged violations.

Citizens of Fairborn, Ohio, and Bath Township, Ohio, sued Renergy Inc. and Dovetail Energy LLC in April 2022. They claimed that the companies didn’t obtain the required permit for their digestate storage tank, which uses nonagricultural waste to produce electricity. The tank emits uncontrolled levels of ammonia which contaminate the municipalities’ air, the suit said.

Newman granted summary judgment to Renergy and Dovetail Energy on ...