Court Upholds National Safeguard for Coal Ash: Nation’s No. 2 Toxic Pollution Threat

Toxic coal ash dust at the Making Money Having Fun Landfill in Bokoshe, OK. Washington, D.C. — The U.S. Court of Appeals for the D.C. Circuit issued a decision today holding that the first-ever federal safeguards set by the Obama administration for coal ash dumps do not sufficiently protect communities and the environment from pollution from that toxic waste. The court’s decision today sided with public interest groups by concluding that the Obama-era rule failed to adequately protect against pollution from unlined and inadequately lined ash pits, many of which are already leaking dangerous pollution into rivers and streams. The Court ordered the Environmental Protection Agency (EPA) to revise the rule to properly address the health and environmental threats from these dump sites. The Court also agreed with public interest groups that EPA did not go far enough in regulating coal ash dumps, holding that EPA improperly exempted coal ash ponds at closed coal-fired power plants from regulation. Rejecting industry challenges to the rule, the Court further held that EPA acted within its authority to regulate coal ash ponds no longer actively receiving waste and located at operating plants. “Today’s ruling is a victory for the people who are […]

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