Clean Air Council and Partners Announce Intent To Sue Shell Over Violations

“What can we really do about it?” is a phrase often heard from community members concerned about pollution and its impact on their health and welfare.. It is an awful feeling full of despair that suggests little hope. In Beaver County, PA, Clean Air Council is working with residents who feel this way but are determined to make sure their concerns about the Shell plastics plant, a major source of air pollution in their community, are fully addressed.  

Clean Air Council’s attorneys, engineers, and organizers have watchdogged the Shell Polymer Plant, a newly built, petrochemical plant that spans 386 acres in Beaver County, for years. The Council’s work includes community organizing, providing residents with air monitoring equipment, and legal action. Yet, as the Plant came into full operation within the last few months, residents of the Pittsburgh region found out  that the Shell Plant emitted almost 12 months’ worth of volatile organic chemicals (a group of harmful air pollutants) in one month. 

The incident started in September 2022, and the Pennsylvania Department of Environmental Protection (DEP) sent a Notice of Violation letter to Shell in December. Ideally, DEP is the responsible agency that enforces Shell’s permits, and which sets out Shell’s air emissions limits. DEP sent Shell a Notice of Violation, but that is only a notice; DEP has not penalized the company to date. So without any government action at this point, the question again becomes “What can we really do about it?”

On February 2, 2023, the Council, along with its partner, Environmental Integrity Project (EIP), used  the federal Clean Air Act’s “citizen suit” provision and sent Shell a notice of intent to sue. The Clean Air Act allows “any person” to enforce compliance with air quality permits through civil lawsuits. However, this is only allowed if a government agency like DEP does not “diligently prosecute” any violations. 

With the violations at the Shell Plant only continuing and DEP remaining quiet on the legal front, the Council and EIP wasted little time in taking legal action against Shell. As part of the fact-finding process, the Council and EIP worked with several community organizations in the Beaver County area. These groups vigilantly monitor the activities at the Plant,  report  any incidents, and connect the Council and EIP with impacted residents. Resident  engagement is invaluable. 

It is fortunate that the Clean Air Act gives residents   the power to force companies to comply with the law. The recent reports, some from Shell itself, of significant amounts of emissions, prolonged flaring, and release of “visible emissions,” raises the question of whether Shell can properly manage the Plant at all. This is exactly why Clean Air Council is preparing to bring this  suit to compel environmental compliance and protect public health. So when asking “what can we really do about it?” there is in fact plenty that can be done to ensure Shell is held accountable to the law.