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coal ash waste

Tennessee Clean Water Network v. Tennessee Valley Authority

ELR Case

The Sixth Circuit held that seepage from a coal-fired power plant adjacent to the Cumberland River did not violate the CWA. Environmental groups argued that the plant violated the CWA by leaking pollutants without a permit from its...

Kentucky Waterways Alliance v. Kentucky Utilities Company

ELR Case

The Sixth Circuit held that seepage from a coal-fired power plant that reached a nearby lake violated RCRA, but not the CWA. Environmental groups argued that the chemicals being stored in coal ash ponds contaminated the surrounding...

Sierra Club v. Virginia Electric & Power Company

ELR Case

The Fourth Circuit held that seepage from a coal-fired power plant did not violate §301 of the CWA, which prohibits the unauthorized discharge of any pollutant into navigable waters. An environmental group argued that the plant's...

Utility Solid Waste Activities Group v. Environmental Protection Agency

ELR Case

The D.C. Circuit granted in part environmental groups' petition challenging EPA's 2015 rule governing the disposal of coal combustion residuals (CCRs) produced by electric utilities and independent power plants. The groups argued that...

Yadkin Riverkeeper, Inc. v. Duke Energy Carolinas, LLC

ELR Case

A district court denied motions to dismiss environmental groups' CWA citizen suit against an energy company for alleged NPDES permit violations at a retired coal-fired power plant. The groups alleged that the company unlawfully...

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...