Environmental Group Sues Hennepin County Over Toxic Ash From Trash-Burning Plant

An environmental group has filed a lawsuit against Hennepin County in Minnesota, saying the county has broken state law. The group, called the Minnesota Center for Environmental Advocacy (MCEA), claims the county has not shared a clear plan for dealing with toxic ash made by a trash-burning plant in downtown Minneapolis. The plant is called the Hennepin Energy Recovery Center, or HERC, and it is expected to close sometime in the coming years.

The MCEA says Minnesota state law requires counties to clearly explain how they plan to reduce the amount and danger of ash that comes from burning trash. According to the lawsuit, Hennepin County has not done this in its most recent waste management plan. The group says the plan does not even mention the danger, or toxicity, of the ash at all.

Hennepin County says it cannot comment on the lawsuit while it is still being decided in court. However, the county did share a letter it sent to the MCEA last month. In that letter, the county argued that its plan already follows state law and was approved by the Minnesota Pollution Control Agency. Because of this, the county said it does not plan to change its waste plan right now.

The county also said that extra materials attached to its plan explain how it works to reduce harmful substances before and after burning trash. These materials describe programs that remove dangerous chemicals from waste before it is burned. They also describe efforts to recover metal from the ash after burning, which reduces the amount of ash that needs to be thrown away.

The lawsuit says HERC produces about 80,000 tons of toxic ash every year. That ash contains harmful substances such as lead, mercury, arsenic, and PFAS chemicals, according to the MCEA. The group is asking a judge to order the county to create a clear and legal plan for handling all of that ash.

HERC has been running since 1989 and is a large source of energy for the city. The county says it produces enough electricity to power about 25,000 homes. Hennepin County plans to close the plant sometime between 2028 and 2040. Earlier this year, activists held a hunger strike to push for an earlier shutdown, saying the plant harms people who live nearby in Minneapolis' North Loop neighborhood.