Duke Energy Can't Ax Claim That Coal Ash Polluted Lake
Law360, New York (June 10, 2014, 6:48 PM EDT) -- A North Carolina federal judge on Monday largely denied Duke Energy Corp.’s bid to toss environmental groups’ suit accusing a subsidiary of fouling a lake and area groundwater with coal ash from a coal-fired power plant, finding that the lake is subject to the Clean Water Act but the groundwater is not.
U.S. District Judge Louise W. Flanagan dismissed the Sierra Club, Waterkeeper Alliance and Southern Environmental Law Center’s claims against Duke Energy Progress Inc. for pollution of the groundwater, but upheld the remaining claims alleging Duke is dumping untreated, polluted water from unlined coal ash storage pits at its L.V. Sutton...
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