EPA Confirms Uncertainty Over Timing Of Final Coal Ash Rule

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Explore:  Coal Ash EPA

Previously, we referenced an article in Bloomberg BNA reporting on an interview with an EPA representative who indicated that the Agency could not provide a definitive timeline for promulgating final regulations on the management of coal ash generated by power plants. EPA has now more formally confirmed this uncertainty.  Recently, in announcing projected publication dates for a wide range of rules in various stages of development, EPA effectively acknowledged that there is no target date for the final rule. This is also reflected on EPA’s web page which tracks the history of the rule’s development.

Finally in consolidated litigation brought by various interest groups seeking to force the agency to issue a final rule (Appalachian Voices, et al v. EPA, D.C., DKT No. 1:12-cv-00523 RDW), the Agency recently acknowledged that it may be the end of the year before a final rule is announced.

For more information on environmental law topics, please contact one of the Burr & Forman team members for assistance. We are happy to answer any questions or concerns you may have.

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EPA

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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