Federal Court Orders EPA to Move Forward on Coal Ash Regulations


Washington, D.C. – A federal judge agreed with environmental and public health groups that the Environmental Protection Agency needs to set federal regulations for the safe and proper disposal of toxic coal ash. A copy of the judge’s order can be found here: http://earthjustice.org/sites/default/files/files/RCRA_NOI_Order.pdf

The groups filed the lawsuit in April 2012 challenging the EPA’s lack of federal regulations for America’s second largest industrial waste stream.

The order of the U.S. District Court for the District of Columbia offered little details about the timing or substance of the EPA’s rulemaking but said it will issue a Memorandum Opinion within the next 30 days with more specifics. For now, the decision marks the first step towards federally enforceable safeguards, monitoring, and protections against coal ash. In its order, the court did deny one of the environmentalists claims regarding testing procedures for coal ash contamination, but more details are needed before the groups are fully able to understand the implications.

Coal ash has already contaminated more than 200 rivers, lakes, streams and aquifers with toxic pollutants like arsenic, lead, selenium and mercury. In 2008, a spill at the TVA Kingston Fossil Plant in Harriman, Tennessee, dumped one billion gallons of coal ash over 300 acres, destroying homes and poisoning rivers. That spill led to the EPA proposing in May 2010 the first federal regulations for coal ash disposal. The agency never finalized that rulemaking, leaving open the opportunity for the power generating industry and some members of Congress to push for legislation that would prevent the EPA from ever setting federal regulations.

The following statement is from the groups that filed the lawsuit: Appalachian Voices (NC); Chesapeake Climate Action Network (MD); Environmental Integrity Project (DC); Earthjustice (DC); French Broad Riverkeeper (NC); Kentuckians for the Commonwealth (KY); Moapa Band of Paiutes (NV); Montana Environmental Information Center (MT); Prairie Rivers Network (IL); Sierra Club (DC); and Southern Alliance for Clean Energy (eight southeast states):

“The impacts of coal ash pollution are being felt across the country. Our groups represent millions of Americans who want clean water, clean air and healthy living. We turned to the courts to force the EPA to set long overdue protections from this toxic menace. This decision marks the first step towards federally enforceable safeguards from coal ash. For decades, coal ash has been dumped into unlined and unmonitored pits, poisoning water supplies and the communities that rely on them. No one should have to live in fear of the coal ash dump in their backyard, and we hope the EPA will finally adopt regulations that protect all nearby communities.”

For information about coal ash in North Carolina, Maryland, Kentucky, Montana, Nevada, Illinois, Tennessee or other southern states, as well as the implications this decision will have locally, please contact the following representatives

Sandra Diaz, Appalachian Voices, (828) 262-1500; sandra@appvoices.org (North Carolina)
Diana Dascalu-Joffe, Chesapeake Climate Action Network, (703) 772-2472; Diana@chesapeakeclimate.org (Maryland)
Hartwell Carson, French Broad Riverkeeper, (828) 258-8737; hartwell@wnca.org (North Carolina)
Mary Love, Kentuckians for the Commonwealth, (502) 541-7434; mbloveky@yahoo.com (Kentucky)
William Anderson, Moapa Band of Paiutes (702) 865-2787; wanderson@mvdsl.com (Nevada)
Anne Hedges, Montana Environmental Information Center, (406) 443-2520; ahedges@meic.org (Montana)
Traci Barkley, Prairie Rivers Network, (217) 621-3013; tbarkley@prairierivers.org (Illinois)
Ulla Reeves, Southern Alliance for Clean Energy, (828) 713-7486; ulla@cleanenergy.org (Southeast)

For information about the lawsuit, federal legislation, or the status of the pending EPA regulation, please contact the following representatives:
Jennifer Duggan, Environmental Integrity Project (802) 225-6774; jduggan@environmentalintegrity.org
Jared Saylor, Earthjustice (202) 236-5855; jsaylor@earthjustice.org
Sean Sarah, Sierra Club (202) 548-4589; sean.sarah@sierraclub.org