Coal Ash Law Blog

February 28th, 2014

The parties have entered into a consent order to set a deadline of December 19, 2014 for USEPA to set coal ash regulations. This action is pending in the United States District Court for the District of Columbia before Judge Reggie B. Walton. The EPA has agreed coal ash should be regulated under Subtitle D of… Read More


November 20th, 2013

I noticed an article on the front pages of the local newspaper (yes, these are still printed) about the largest state owned electric utility in my home state settling major lawsuits involving coal ash and pond storage of coal ash.  See the article here.  These ponds contain an estimated 11 million tons of coal combustion… Read More


October 28th, 2013

The Clean Air Act was the subject of a recent U. S. Supreme Court ruling regarding emissions from electric power plants in North Carolina.  The Court will review USEPA proposed regulation of “stationary sources” of emissions.  This review will at least in part address whether the scope of the Clean Air Act and its use… Read More


September 24th, 2013

Carbon pollution was the centerpiece of new regulations released by USEPA on September 20, 2013.  Some think the regulations will stifle or eliminate new coal burning plants, thereby ending the increased generation of coal ash and other coal combustion products.  The EPA news release, click here, addresses the effort as a milestone in the plan… Read More


August 12th, 2013

Use of fly ash and the compressive strength of alkali activated fly ash (coal ash) is the subject of standards under consideration by ASTM. These standards are under consideration by the Cement Committee.  The committee members hope the standard will help the market place accept the recycling efforts to avoid landfill storage of coal ash. … Read More


July 17th, 2013

Coal ash in impoundments at the Asheville and Riverbend power plants would be tied to potential clean-up steps depending on the risk involved according to a proposed settlement of a suit in North Carolina state court.  The impoundments are on the French Broad River and Mountain Island Lake.  If approved, the settlement order will require… Read More


July 15th, 2013

In an effort to limit discharged materials into the waterways of the United States, the EPA has proposed sweeping regulations which you can find here.  You would not know it from reading the title or the summary, but these regulations are squarely aimed at coal ash and fly ash handling and disposal.  Water discharges from… Read More


June 28th, 2013

Local residents in western Pennsylvania filed suit in federal court recently complaining about a fly ash waste storage landfill.  The landfill was initially an unpermitted coal mining waste disposal site but became managed about 15 years ago and was to be covered with a layer of hardened type material made for coal ash or fly… Read More


June 25th, 2013

There is increased interest in the coal ash bill working its way through Congress now that it has passed from the Committee phase to the full House.  Folks from each side are stepping up the pace of debate. Here is what the recycling folks have to say: The bill currently moving through the U.S. House… Read More


June 12th, 2013

The U.S. House has a new coal ash bill which has been modified from the one passed by the House last session.  This new bill, H.R. 2218 (track it here) addresses several areas of safety and recycling.   The overall scheme is for a state administered program to implement changes in the handling of coal ash… Read More


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