The state of Wisconsin — and the University of Wisconsin in particular — could face litigation for violating the federal Clean Air Act.

The Sierra Club, an international environmental organization, held a teleconference and issued a statement Monday announcing its intent to sue the two parties.

According to Jennifer Feyerherm, coordinator for the Sierra Club's Wisconsin Clean Energy Campaign, coal power plants are the largest sources of soot and fine particulate matter in the air. The Sierra Club's case against the state of Wisconsin and the university focuses on UW's Charter Street Heating Plant and the state's Capitol Heat and Power plant, which both use coal to produce energy.

David Bender of Garvey McNeil & McGillivray, S.C., the law firm representing the Sierra Club, said the environmental organization discovered numerous modifications made to the boilers at the aforementioned coal power plants. Since the Charter and Capitol power plants did not receive permits to make those modifications, he added, the Sierra Club alleged that the plants violated the Clean Air Act.

Bruce Nilles, director of the Sierra Club's Midwest Clean Energy Campaign, said UW and the state need to "step up" to put Wisconsin on track for "cleaner air and a better future."

"We need to turn to cleaner fuels," Nilles said. "Coal is simply the dirtiest fuel we could use for heating or to generate electricity."

Bio-fuels and natural gases are alternatives energy sources, Nilles said, but he added that the most efficient option to consider is cogeneration.

"Any time you're going to burn something to heat a building, you should be creating electricity," Nilles said, explaining the cogeneration process. "Both the university and the state of Wisconsin need to look into cogeneration options first."

There is a cogeneration plant on the west side of the UW campus, which Nilles said cost about $200 million to build. That money, he added, came from both the state and Madison Gas & Electric.

"There's going to be costs involved in whatever we do," Nilles said. "These [coal plants] are dinosaurs … and can't continue business as usual."

Bender added that cost effectiveness is a more pertinent consideration than total cost. And he said cogeneration is "definitely" cost effective.

Matt Canter, spokesperson for Gov. Jim Doyle, said he could not comment specifically on violations of the Clean Air Act, but said the governor intends to make Wisconsin a leader in renewable energy use.

"In terms of energy efficiency, Gov. Doyle has made an unprecedented state investment in renewable energy and technology," Canter said.

He added that four UW System campuses will produce more energy than it consumes within the next five years. Canter referred to those four campuses as moving "off the grid."

Mike Dattner, treasurer for Collegians For a Constructive Tomorrow, a conservative environmental group at UW, said in an e-mail to The Badger Herald that most electricity is coal-powered because it is inexpensive and powerful.

However, Dattner added, CFACT supports the use of nuclear power.

"The big difference between CFACT and the Sierra Club — we have faith in technology and the market to provide cleaner energy," Dattner wrote. "The Sierra Club wants a judicial fiat to cause change."

–Carl Jaeger contributed to this report.