Owens Corning Clean Air Act Violations

Northwest Environmental Defense Center, et al v. Owens Corning Corporation (D. Or.)

This is an action against Owens Corning Corporation seeking injunctive and declaratory relief and civil penalties for violations of the federal Clean Air Act. Owens Corning has proposed to build a polystyrene foam insulation board manufacturing plant in Gresham, Oregon, which will emit HCFC-142b, an ozone-depleting substance and significant greenhouse gas. The complaint alleges that Owens Corning began constructing the facility without a required construction permit, in violation of the Clean Air Act and Oregon’s State Implementation Plan. PEAC filed this action against Owens Corning in federal court on behalf of the Northwest Environmental Defense Center, the Oregon Center for Environmental Health and the Sierra Club. PEAC has also submitted comments on behalf of these organizations to the Oregon Department of Environmental Quality (DEQ) in response to Owens Corning’s permit applications, and to the U.S. Environmental Protection Agency (EPA) regarding EPA's proposed rule to ban HCFC-142b.

Posture:		Stipulated dismissal

Lead counsel:		Powers, LaPlante

Complaint (PDF)

Stipulated Injunction (PDF)

Answer to Complaint (PDF)

60-Day Notice of Intent to Sue Owens Corning (PDF)

Plaintiffs' First Amended Complaint (PDF)

Owens Corning's Motion to Dismiss (PDF)

Plaintiffs' Opposition to Motion to Dismiss (PDF)

Owens Corning's Reply in Support of Motion to Dismiss (PDF)

Owens Corning's Motion for Protective Order (PDF)

Plaintiffs' Opposition to Motion for Protective Order (PDF)

Owens Corning's Reply in Support of Motion for Protective Order (PDF)

Plaintiffs' Sur-Reply in Opposition to Motion for Protective Order (PDF)

Court's Opinion and Order Denying Owens Corning's Motion for Protective Order (PDF)

Court's Opinion Denying Owens Corning's Motion to Dismiss (PDF)

Opinion and Order (PDF))

Stipulated Order of Dismissal (PDF)

Air Quality Cases

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Owens Corning Update

On November 4, 2005, EPA announced its plan to ban the use of HCFC-142, the ozone-depleting substance involved in this case. Owens Corning is seeking an exemption through the rule's "grandfathering" provision. On behalf of the groups involved in the litigation, PEAC submitted comments to EPA in support of the ban and PEAC urged EPA not to exempt Owens Corning from the rule. Read PEAC's December 2005 (PDF) and January 2006 (PDF) comments to EPA.

In January 2005 (PDF) and again in September 2005 (PDF), PEAC presented comments to DEQ regarding the Proposed Air Quality Permit being sought by Owens Corning.

On August 10, 2005, PEAC sent a 60-Day Notice (PDF) letter to Stephanie Hallock, DEQ Director, informing her of the groups' intent to sue the agency for violations of the Clean Air Act and State Implementation Plan.

Read the press release:

Groups to Sue Oregon DEQ Over Owens Corning Permit Process (PDF)

The following day, DEQ held its final Public Permit Hearing concerning the permit.

Check out the press coverage:

Environmentalists say they'll sue over emissions permit (The Oregonian)

Plus, read a letter (PDF) from Portland Mayor Tom Potter to Govenor Ted Kulongoski concerning the proposed Owens Corning Gresham facility.

Visit NEDC's Owens Corning page for more information: