Coal Ash Decision Archives

May 24, 2018

EPA and Coal Ash Pond Regulation: 2018 Update

On March 1, 2018, EPA proposed rules to amend several provisions of the Disposal of Coal Combustion Residuals from Electric Utilities final rule (the “CCR Rule”). EPA accepted written comments on this proposal through Regulations.gov under Docket ID No. EPA-HQ-OLEM-2017-0286 and held a hearing on the proposed rule on April 24, 2018. The comment period ended on April 30, 2018. As noted in EPA’s public hearing announcement, EPA estimates that the proposed rules would save the regulated community between $31 million and $100 million per year. Despite EPA’s proposed amendments, Bloomberg Environment recently reported that Duke Energy and the Tennessee… Read more

Apr 7, 2017

Coal Ash Decision Expands Clean Water Act to Include Groundwater Discharges

On March 23, the District Court for the Eastern District of Virginia held that Dominion Power’s discharge of pollutants via a groundwater pathway was in violation of the Federal Clean Water Act (CWA). Sierra Club had filed a citizen suit against Dominion, arguing that discharges from coal ash ponds and related facilities were discharging pollutants including arsenic via groundwater to the Elizabeth River. The decision is notable in that prior to the March 23 decision, very few courts had considered the issue of authority under the CWA to address discharges to groundwater. Generally, EPA and state agencies have not sought… Read more