Neighbors for Clean Air and the Northwest Environmental Defense Center have filed a notice of their intent to sue Intel for what the groups claim are company violations of the Clean Air Act.
At the crux of the suit is the Oregon Department of Environmental Quality’s approval of Intel’s $3 billion expansion in Hillsboro. The agency said last week it may have bypassed public notice and given incorrect approval to Intel for that project. But that stems from Intel’s failure to report its fluoride emissions for years.
In seeking a new air quality permit, the company admitted it has been emitting fluorides without reporting to the state. Had the DEQ known about the fluorides when it approved the expansion, called D1X, the company may have been required to get a permit and give public notice about the buildout. Instead, the company was given a DEQ letter of approval in December, 2010.
In the opinion of Portland-based Neighbors for Clean Air and Lewis & Clark Law School’s Northwest Environmental Defense Center, that’s a clear violation of the Clean Air Act.
“The fact of the matter is (Intel) has been violating the law for two years,” Neighbors for Clean Air attorney John Krallman said.
The groups have filed a 60-day notice of intent to bring suit, which alerts Intel and federal and state agencies. Violations of the Clean Air Act for polluters can run up to $37,500 per day.