Millions of tons of toxic waste sit next to coal plants across America, sparking a legal debate over definitions of words. In 2015, the EPA introduced a rule mandating safe disposal of coal ash, a byproduct containing heavy metals like arsenic. Utility companies contested the rule’s language, arguing against its enforcement. The DC Circuit Court of Appeals eventually ruled in favor of the EPA, clarifying the language. However, enforcement was lax under the Trump administration, but has resumed under President Biden. Georgia Power faces legal challenges for violating the 2015 rule with its coal ash disposal plans in Georgia.
EPA finally takes on abandoned coal ash ponds — but it might be too late