Coal Ash Law Blog

March 31st, 2015

Coal ash upside? State, Duke seek beneficial uses. The “heated” attention being paid to Coal Ash in the Carolinas (and other, particularly southern, states where coal-fired power plants are still prevalent) has also brought renewed interest in the beneficial reuse of coal ash. Coal ash has some tremendously useful properties that make it ideal for… Read More


February 17th, 2015

Coal ash litigation was the topic to kick-off the most recent meeting of the International Association of Defense Counsel (IADC) in Marco Island, Florida. Several of us spoke and discussed the new EPA proposed regulations, developments in lawsuits recently and projection for the next few years of coal ash litigation and regulation. The EPA proposed… Read More


February 9th, 2015

From ash to eco-friendly solution for hazardous metals removal. The article linked above discusses the possible use of coal ash for removing hazardous materials from media such as radioactive wastewater. It is one of many possible beneficial reuses of coal ash that have seemed to increase as pressure builds on coal ash generators (mainly coal-fired… Read More


February 9th, 2015

The IADC Midyear meeting has a great lineup of programming. I am honored to be a part of the panel presentation discussing Coal Ash. The presentation is titled “Ashes to Ashes: The Regulation and Litigation over Coal Ash.” The panel will also include Gary Bigham with Exponent and Christopher Schraff with Porter Wright. This presentation… Read More


February 2nd, 2015

The 2015 Carolina Construction & Environmental Claims Conference will be held March 6, 2015 in Charlotte, NC. This year’s conference will focus on working together as a team to build a solid defense, including the inter-relationship of marketing, underwriting, claims, and risk management. I will be presenting speaking about the use of isotope analysis to… Read More


December 23rd, 2014

The USEPA has issued the long anticipated coal ash Final Rule.  The federal Court had ordered a deadline of December 19, 2014 for the coal ash disposal Rule. To get to this point, several entities sued the EPA over the coal ash regulations initially proposed in 2010 and delayed by inaction. The parties to the… Read More


June 27th, 2014

Archived or stored coal ash has become a topic of interest with the popular media due to unfortunate storage failures in recent years. I first spoke and wrote on archived coal ash in April 2011 at the National Association of Environmental Professionals annual meeting in Denver.  At the meeting, I said coal ash and the… Read More


May 28th, 2014

The U.S. Environmental Protection Agency executed an Administrative Order and Agreement with the local power company to perform a comprehensive assessment, determine the location of coal ash deposits and to remove coal ash in the Dan River. This agreement was prepared in consultation with the US Fish and Wildlife Service as a result of the… Read More


May 16th, 2014

Coal ash is the topic of the first bill filed in the North Carolina Senate on May 14, 2014 as the General Assembly opened for the short session. The bill is backed by the Governor and is expected to be taken up during the short session.  Reports are the Chair of the Senate Rules Committee… Read More


March 3rd, 2014

N.C. Department of Environment and Natural Resources (DENR) have issued notices of violation for coal ash recently spilled into the Dan River. There are two separate notices: one under the Stormwater regulations and one under the wastewater regulations.  Both of these notices are based upon violations of the NPDES permitting system. The stormwater notice of… Read More


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