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coal ash

AES P.R., LP v. Trujillo-Panisse

ELR Case

The First Circuit struck down two Puerto Rican municipalities' ban of the disposal of coal ash at landfills within their borders. In 2015, Puerto Rico's Environmental Quality Board (EQB) approved a request from two landfills to receive...

Virginia Electric and Power Co. v. Bransen Energy, Inc.

ELR Case

The Fourth Circuit upheld over $22 million in damages that an energy company was ordered to pay to a Virginia utility because the coal supplied to a new power plant was of such poor quality it couldn't initially be used. When the plant...

Tennessee Clean Water Network v. Tennessee Valley Authority

ELR Case

A district court held that environmental groups may go forward with some, but not all, of their CWA claims against TVA concerning coal ash contamination stemming from a coal-fired power plant near Gallatin, Tennessee. The groups allege...

Utah: Hazardous Substances

ELR State Update Item

EPA’s Coal Ash Rule: Implications for Regulated Entities, Results for the Environment

ELR Article

The disposal of coal ash, a combustion byproduct from coal-fired power plants, came to national attention when, on December 22, 2008, the Tennessee Valley Authority Kingston power plant suffered one of the largest coal ash spills in...

Pennsylvania: Solid

ELR State Update Item

H.R. 1734, Bill Introduced

ELR Congressional Update

Appalachian Voices v. McCarthy

ELR Case

A district court rejected a proposed consent decree that would have required EPA to review and, where necessary, revise by December 19, 2014, certain regulations concerning coal ash under RCRA. The court determined that the proposed...

Appalachian Voices v. McCarthy

ELR Case

A district court ordered EPA to submit within 60 days a schedule on when it proposes to complete its review and revision of its RCRA Subtitle D coal ash regulations. In 1980, Congress amended RCRA by adding §3001(b)(3)(A)(ii), known as...