The Continuing Impact of Coal Ash - Energy Law Insights
April has proven a busy month for environmental issues when it comes to the regulatory arena. Below are just a few of the notable developments:...more
The Environmental Protection Agency announced on March 29, 2023 new proposed wastewater discharge standards to reduce discharges of toxic metals and other pollutants from coal-fired power plants. Steam electric power plants...more
West Virginia’s Water and Land Rights EPA Case in U.S. Supreme Court - "West Virginia Attorney General Patrick Morrisey, who led a 26-state coalition in filing a brief in the case, said the High Court heard arguments in a...more
The Insanity is Over: ‘Navigable’ Now Means ‘Navigable’ Again - "The Trump administration has now announced that the intentionally ambiguous and easily abused Waters of the United States Rule has been replaced by the new,...more
On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated...more
In three recent decisions, the U.S. Courts of Appeal for the Fourth Circuit and Sixth Circuit have signaled the courts’ refusal to allow environmental plaintiffs to use the federal Clean Water Act to address coal ash...more
As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more
Department of Interior Rescinds OSM Enforcement Policies - On October 12, 2017, the Department of the Interior ("DOI") withdrew two prior Office of Surface Mining ("OSM") policies affecting mining operations. DOI rescinded...more