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Environmental group threatens suit against Cemex

Published February 27, 2007 at midnight

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Rocky Mountain Clean Air Action filed notice in federal court yesterday to sue Cemex Inc., alleging violations of the Clean Air Act at the cement plant near Lyons, the Boulder Daily Camera reported this morning.

Allowed by federal law to seek civil penalties against polluters, the Action group claims Cemex’s liabilities could exceed $500 million based on a limit of $32,500 for each day’s violation over the past five years.

According to the group, the Lyons plant has increased emissions of nitrogen oxides, sulfur dioxide and carbon monoxide over the years. The nitrogen oxide emissions, they say, increased from 277 tons in 1979 to 2,162 tons last year which contributes to smog, acid rain and climate change.

Cemex spokeswoman Susana Duarte told the newspaper the threat of legal action was a "shocking surprise" because the company just went through a rigorous scrutiny working with the state, and spent millions of dollars on equipment such as filters to reduce pollution.