A lengthy legal battle over the 21.7 million tons of coal ash in one of Alabama’s most ecologically sensitive areas will persist following an appeals court decision on Monday.
The U.S. 11th Circuit Court of Appeals ruled in favor of Mobile Baykeeper, an Alabama-based environmental group, allowing their lawsuit against Alabama Power to proceed. The lawsuit challenges Alabama Power’s plan to leave coal ash at the James M. Barry Electric Generating Plant, near Mobile, arguing it violates EPA coal ash rules due to groundwater saturation.
Mobile Baykeeper’s Cade Kistler expressed hope that the decision might lead Alabama Power to remove the coal ash rather than leaving it in impoundment ponds.
Alabama Power claims compliance with environmental laws, stating, “We will continue to follow any final court or agency decisions. Because litigation related to Plant Barry coal ash plans is ongoing, we are unable to comment further at this time.”
Coal ash, a byproduct of burning coal, contains harmful substances like arsenic, mercury, and lead, posing health risks. Historically, large plants like Barry disposed of coal ash in unlined ponds, often polluting local groundwater. The 2015 EPA rules require closing most of these ponds unless contamination is absent.
Despite opposition, Alabama Power plans to cap its ash ponds in place, including at Plant Barry, adjacent to the Mobile River and the biodiverse Mobile-Tensaw Delta, known as “America’s Amazon.”
Alabama Power faced a $1.25 million fine in 2018 and another $250,000 fine in 2019 for groundwater pollution violations. In 2023, the EPA issued a notice of potential violations over the coal ash at Plant Barry.
The EPA, under then-Administrator Michael Regan, maintained that coal ash in contact with groundwater cannot meet legal standards. Monday’s ruling indicated that courts should resolve this issue: “Federal courts can answer that question.”
Initially dismissed on procedural grounds, the Baykeeper lawsuit was remanded back to district court for trial by the appeals court, rejecting the dismissal arguments that Mobile Baykeeper lacked standing and that claims were not ripe due to evolving regulations.
Senior attorney Barry Brock of the Southern Environmental Law Center, representing Baykeeper, emphasized the importance of holding Alabama Power accountable, calling their plan at Plant Barry a danger to surrounding communities.
Alabama Power has announced plans to recycle more coal ash from Plant Barry, with an on-site recycling plant under construction, expected to start operations later this year. However, Kistler insists the company should commit to recycling or removing all ash, asserting that local communities oppose its presence.
Original Story at insideclimatenews.org