Court tosses coal ash enforcement challenge in win for EPA

By Miranda Willson | 06/28/2024 01:47 PM EDT

The ruling is a victory for federal efforts to curb pollution from the coal industry.

A drain pipe sticks out of a coal ash retention pond at Possum Point Power Station in Dumfries, Va.

A drain pipe sticks out of a coal ash retention pond at Possum Point Power Station in Dumfries, Va., on June 26, 2015. A federal court rejected a challenge to EPA's coal ash crackdown, Steve Helber/AP

The Biden administration did not violate the law when it began cracking down on coal ash in 2022 and requiring electric utilities to stop polluting groundwater, a court ruled Friday.

In a victory for EPA’s efforts to curb pollution from the coal industry, the U.S. Court of Appeals for the District of Columbia Circuit dismissed industry challenges to a series of enforcement actions on coal ash.

The byproduct of coal burned for fuel and other uses, coal ash contains carcinogens and heavy metals that are harmful to human health. EPA enacted a rule in 2015 establishing cleanup requirements for the material nationwide, mandating that utilities take steps to prevent coal ash from polluting air and water.

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Enforcement of the rule was scant prior to the Biden administration. But as utilities began to face deadlines for adhering to the regulation, some requested that EPA allow them more time to comply.

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