News & Analysis as of

Coal Ash

Stinson LLP

EPA and State Regulators Outline Region 7 Regulatory Priorities at Environmental Conferences

Stinson LLP on

Compliance with the PM2.5 Standard: EPA proposed lowering the PM 2.5 standard earlier this year. State agency representatives confirmed that areas in each Region 7 state could struggle to comply with the reduced standard,...more

Goldberg Segalla

Power Companies File Suit against EPA’s Enforcement of Coal Ash Rule

Goldberg Segalla on

In a world of solar power, green energy, and electric cars, it is sometimes surprising to consider how much of a political hot potato good ol’ fashioned coal remains. There are more than 300 coal-fired power plants still...more

Goldberg Segalla

Utilities Trying to Get EPA’s Hand Off Their Ash

Goldberg Segalla on

In a world of solar power, green energy, and electric cars, it is sometimes surprising to consider how much of a political hot potato good ol’ fashioned coal remains. There are more than 300 coal-fired power plants still...more

Goldberg Segalla

EPA Being Pushed Off the Fence on Coal Ash

Goldberg Segalla on

With names like “boiler slag” and “bottom ash,” it’s no wonder that anyone who has ever heard of coal ash, or the coal combustion residuals (CCRs) produced from burning coal, assumes they are the basest forms of pollution....more

Smith Gambrell Russell

Environmentalists Sue EPA Over Regulation of “Inactive” Coal Ash Landfills

Smith Gambrell Russell on

Several environmental organizations have sued the U.S. EPA in an attempt to force the agency to revise its coal ash rules to include inactive, coal ash landfills. Currently inactive, coal ash landfills are exempt from the...more

Pillsbury - Policyholder Pulse blog

EPA Announces Increased Efforts to Require Cleanup of Coal Ash – Insurance Should Be a Component of Companies’ Response

Early in 2021, we wrote about potential insurance implications that could arise from the then-new Biden Administration’s expected regulatory priorities. Among other things, we noted that heightened scrutiny on coal ash was...more

Troutman Pepper

EPA Announces Key CCR Policy Amid Alternative Closure Determinations

Troutman Pepper on

On January 11, the U.S. Environmental Protection Agency (EPA) issued a new interpretation of its coal combustion residual (CCR) regulations: CCR landfills or surface impoundments “cannot be closed with coal ash in contact...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Access to Wind/Windfarm: Maryland Appellate Court Addresses Dispute Between Adjacent Landowners

A Court of Appeals of Maryland (“Court”) addressed in an august 16th Opinion a dispute between a windfarm owner and neighboring coal cleaning operation. See Gestamp Wind North America, Inc., et al. v. Alliance Coal, LLC, et...more

(ACOEL) | American College of Environmental...

We’re Number Three!

Texas is now the third state with an approved CCR permit program. On June 28, 2021, the Environmental Protection Agency published the approval of the Texas Commission on Environmental Quality’s partial State Coal Combustion...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 30, August 2020

China's New Coal Projects Make Up 90% of Global Total for First Half of 2020: Study - "Global coal-fired generation capacity saw a net decline of 2.9 gigawatts from January to June, the first drop on record for a six-month...more

K&L Gates LLP

Strategic Insurance Considerations for Emerging Coal Ash Bodily Injury Claims

K&L Gates LLP on

Many utilities with historical coal-fired power plants are confronting increased regulatory scrutiny relating to the storage of coal combustion residuals (CCRs, also known as coal ash). Now, those utilities (and other...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2020 #3

Industry Expert Insights - We reached out to one of our Lex Mundi partners and a well-known expert in Australia in the energy and legal industries to get her thoughts on the current energy climate. Emma Covacevich is...more

Williams Mullen

Crystal-balling the Coal Ash Closure Regulations for the Electric Generation Sector

Williams Mullen on

On April 17, 2015, EPA issued the final coal combustion residuals (CCR) Rule (the 2015 CCR Rule), providing the first federal regulatory scheme for the disposal of CCR materials. The 2015 CCR Rule regulates only facilities in...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - February 2020 #4

Cancelled Teck Oil Sands Project Underscores Global Climate-Energy Policy Tension - "The Frontier project became the latest casualty in oil-producing countries with robust environmental movements agitating to cut...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Combustion Residuals/RCRA: Earthjustice Notice of Intent to Sue U.S. Environmental Protection Agency for Alleged Failure to...

Earthjustice on behalf of a number of environmental organizations sent a February 7th letter to United States Environmental Protection Agency (“EPA”) Administrator Andrew Wheeler styled...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Combustion Residuals: U.S. Environmental Protection Agency Approves Georgia Program

The United States Environmental Protection Agency (“EPA”) approved the Georgia Environmental Protection Division’s partial Coal Combustion Residuals (“CCR”) state permit program on January 10th. EPA approved the Georgia...more

Beveridge & Diamond PC

Complying with the CCR Rule: A Moving Target

Beveridge & Diamond PC on

The Coal Combustion Residuals (CCR) Rule, first issued in April 2015, regulates the disposal of coal ash in landfills and surface impoundments under Subtitle D of the Resource Conservation and Recovery Act. It provides...more

Brooks Pierce

The NC Business Court Deals With The Apex Doctrine (Again)

Brooks Pierce on

I know that you haven’t heard from me in a while. I’m sorry, and I feel guilty. ......I’m not ready to abdicate my position as the original NC Business Court blogger, so I’m back at it again. My reentry point is the...more

Williams Mullen

Environmental Notes - November 2019

Williams Mullen on

Some companies subjected to environmental enforcement or cleanup actions may believe others should take the blame or share in the costs. When environmental consultants have been involved, the finger can point in their...more

Williams Mullen

Why Coal Ash Regulation Should Be on Everyone’s Watch List

Williams Mullen on

Recently, the use of coal has been most highlighted in the power production industry, although coal has been used for generations in many industries.  For example, steel, paper, chemicals, and oil refining industries utilize...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Combustion Residuals/National Minimum Criteria: U.S. Environmental Protection Agency Proposed Revisions

The United States Environmental Protection Agency (“EPA”) issued a prepublication notice of proposed revisions to the National Minimum Criteria for Existing and New Coal Combustion Residuals (“CCR”) Landfills and Surface...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2019

Supreme Court Sides with Property Owners; Companies have No Right to Get Natural Gas Without Permission - "The Supreme Court said, 'A mineral owner or lessee has an implicit right to use the overlying surface to access...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does a Discharge to Groundwater Require an NPDES Permit? Arkansas Environmental Federation Water Conference Presentation...

I under took a presentation at the April 18th Arkansas Environmental Federation Water Conference (“Conference”) titled: Does a Discharge to Groundwater Require an NPDES Permit? (“Presentation”) The Presentation focused...more

Perkins Coie

Legal Landscape for Coal Ash Ponds Remains in Flux

Perkins Coie on

Federal environmental law governing coal ash ponds used by many regulated electric utilities remains uncertain after a flurry of recent activity at the Environmental Protection Agency and in the courts. This update addresses...more

K&L Gates LLP

Identifying and Preserving Coverage for Alleged Coal Ash Liability

K&L Gates LLP on

Many utilities and other companies that have generated power using coal have historically stored their coal combustion residuals (“CCRs”) in coal ash basins or impoundments....more

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