Green Groups Hammer EPA Over Coal Ash Pit Rule

Law360 (October 16, 2020, 5:06 PM EDT) -- The U.S. Environmental Protection Agency on Friday said electric utilities may keep coal ash in unlined pits as long as they prove there's no "reasonable probability" of groundwater contamination, drawing swift condemnation from green groups.

The final rule is the latest in a series of EPA actions designed to comply with the D.C. Circuit's 2018 ruling in Utility Solid Waste Activities Group et al. v. EPA, which remanded to the agency parts of an Obama-era coal ash rule for, among other things, failing to require the closing of unlined surface pits.

Under the new rule, unlined coal ash pits must close...

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