Coal Combustion Residuals

In April 2015, EPA issued a final rule governing the control and management of coal combustion residuals (CCR) in surface impoundments used to treat those residuals. As part of its rule, EPA required operators to submit initial closure plans for impoundments and post them on a publicly available website in November 2016. These initial closure plans must contain information related to the method of closure, and are subject to change as operators gather additional information. In June 2017, the Roanoke River Basin Association filed the first ever citizen suit under the CCR Rule.
Continue Reading District Court Dismisses First Ever CCR Rule Citizen Suit

Environmental groups are raising the stakes for power companies facing allegations of coal-ash liability. Power plants that burn coal to produce electricity also create byproducts in the process, known as “coal combustion residuals,” or CCRs. CCRs go by several names, but are commonly known as “coal ash.”

Historically, power companies have stored CCRs in settling ponds, also known as “coal-ash basins.” Coal-ash storage and disposal can lead to allegations of groundwater contamination and environmental contamination claims. Environmental groups have sought to require companies to pay for remediation of disposal sites and alleged groundwater contamination; address alleged natural resource damages; and conduct extensive monitoring and sampling of onsite and offsite sediments, groundwater, fish, and other wildlife.


Continue Reading Coal Ash Poses Slew of Coverage Issues

Over the past several years, the EPA and states have wrestled with the controversial question of how to manage ash and other residual materials produced by the combustion of coal in coal-fired power plants. The Water Infrastructure Improvements Act (“WIIN Act”), signed by President Obama on December 16, 2016, should help provide clarity to address this question by creating a state permitting program for managing coal ash based on site-specific conditions and potential risk to human health and the environment.
Continue Reading The WIIN Act: A Path to Risk-Based Management of Coal Ash