Environmentalists file constitutional complaint over exemption for Chvaletice power plant in Czechia

Non-governmental organizations Hnutí Duha and Greenpeace, together with the legal expert group Frank Bold, have filed a constitutional complaint against an exemption from limits on mercury and nitrogen oxide emissions granted to the Chvaletice power plant by the authorities for 2019 to 2021. They consider it unconstitutional, for example, that the exemption was granted despite the plant receiving a negative assessment under the Ministry of the Environment’s methodology. They also disagree with the courts’ finding that releasing more than a tonne of toxic mercury would not constitute an activity that seriously pollutes the environment, the organizations said in a press release.

The Olomouc branch of the Regional Court in Ostrava annulled the exemption twice, but the Supreme Court overturned each decision. On the third occasion, the regional court upheld the exemption. After the Supreme Administrative Court rejected the environmental organizations’ appeal on a point of law, they have now filed a complaint with the Constitutional Court.

The regional court granted the Chvaletice power plant a transitional period until 17 August 2027, with less stringent emission limits of 190 micrograms per cubic metre for nitrogen oxides and 23 micrograms per cubic metre for mercury. During this period, the operator must submit regular reports on the fine-tuning and upgrading of emissions-reduction technologies and on the results achieved.

Originally, the plant’s integrated permit set a nitrogen oxide emission limit of 200 milligrams per cubic metre; the annual average concentration is now set at 175 milligrams per cubic metre. There was previously no emission limit for mercury; an annual average concentration of seven micrograms per cubic metre is now set. Under the integrated permit, the plant may also exceed the limits for nitrogen oxides and mercury during emergency situations caused by problems securing energy supplies in this year’s heating season. The limits are less stringent for the duration of an emergency, as also recommended by the Ministry of the Environment. During an emergency, the plant may emit an annual average concentration of 185 milligrams per cubic metre of nitrogen oxides; the limit for mercury is 21 micrograms per cubic metre.

The Chvaletice power plant is the country’s youngest lignite-fired power plant and has been in operation since 1979. Severní energetická (Sev.en) bought the plant from ČEZ in 2013 for 4.12 billion crowns. In 2022, it generated a record 4.9 terawatt-hours (TWh) of electricity. It has undergone a costly refurbishment in the past. To meet the required emission limits for mercury and nitrogen oxides, it would have to make further substantial investments. The exemption allows it to temporarily retain less stringent limits.