Can Citizen Groups Compel Ash Pond Closure By Removal?

Law360, New York (April 7, 2017, 3:50 PM EDT) -- Closing a large ash pond is no easy task. Removing the coal combustion residuals (CCR) sounds like a simple answer, but when the pond holds millions of cubic yards of material, it's easier said than done.

The judge trying the Sierra Club's current CCR case against Virginia Electric and Power Co., doing business as Dominion Virginia Power[1] had occasion to consider the logistical details. How long would it take? How may trucks would be needed to haul all that ash away? Where would it all go? What are the risks? After the plaintiffs failed to provide specific answers about how the...

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