News & Analysis as of

Coal Ash Environmental Protection Agency (EPA) Coal Industry

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

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

(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

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

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

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

Stoel Rives - Environmental Law Blog

Sixth Circuit Limits Scope of CWA, Breaking with Fourth and Ninth Circuits

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

Holland & Knight LLP

Federal Electricity Policy Under the Trump Administration

Holland & Knight LLP on

The huge unknown about President-Elect Donald Trump's energy plans is in electric power. Whatever he decides, with a unified Republican Congress behind him, he has the ability to shape federal electric policy in the coming...more

Balch & Bingham LLP

Wait, How Many Trucks? Ash Pond Closure by Removal

Balch & Bingham LLP on

Utilities around the country have developed preliminary closure plans for surface impoundments storing coal ash, gypsum, and other coal combustion residuals (CCR). Some ash ponds are already in the process of closing. To...more

Burr & Forman

EPA's Coal Ash Rule Continues to Draw Criticism - From Both Sides

Burr & Forman on

The EPA’s publication of a coal ash rule on April 17, 2015, did little to resolve the debate about the proper management of the material. Members of Congress have continued to push for legislation which would change...more

Burr & Forman

New Coal Ash Regulations Causing Additional Controversy

Burr & Forman on

Last December, EPA announced its final rule regarding the management of coal combustion residuals (“CCR” a/k/a “coal ash”). This came several years after initial alternative proposals were offered for public comment, and the...more

Dickinson Wright

Part 201 Revisions – Streamlining the Pathways to Closure

Dickinson Wright on

On January 10, 2015, Governor Snyder signed SB 891 into law, enacting revisions to Part 201 of the Natural Resources and Environmental Protection Act ("Part 201), Michigan’s environmental remediation law. The revisions cover...more

Bergeson & Campbell, P.C.

EPA Issues RCRA Rule Regulating Coal Ash as Non-Hazardous Waste

The U.S. Environmental Protection Agency (EPA) on December 19, 2014, issued a much anticipated and certain to be controversial final rule under the Resource Conservation and Recovery Act (RCRA) on the RCRA regulatory status...more

Beveridge & Diamond PC

EPA Regulates Coal Combustion Residuals as Solid Waste and Retains Exclusions for Beneficial Use

Beveridge & Diamond PC on

Today EPA issued a final rule regulating coal combustion residuals (CCR) as solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA). This ends years of speculation regarding whether EPA might decide...more

Burr & Forman

Coal Ash Regulation Update

Burr & Forman on

The U.S. EPA’s efforts to develop a new regulatory path for coal ash (“Coal Combustion Residuals” or “CCR”) by regulating the material either as a hazardous waste or as a solid but non-hazardous waste, are nearing a...more

Burr & Forman

U.S. House Approves Coal Ash Bill

Burr & Forman on

Updating an ongoing issue related to options for new ash regulations, the U.S. House of Representatives passed the Coal Residuals Reuse and Management Act (H.R. 2218) on July 25, 2013. ...more

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