7th Circuit Sidesteps Ruling On Maui Factors In Illinois Coal Ash Case

The U.S. Court of Appeals for the 7th Circuit has upheld the dismissal of environmentalists’ litigation seeking more stringent regulation of Illinois coal ash ponds, but it has done so on new standing grounds that avoids the need to apply a landmark Supreme Court test on when pollutants that travel through groundwater require a permit. The 7th Circuit’s June 28 ruling in Prairie Rivers Network (PRN) v. Dynegy Midwest Generation is just the latest where federal judges have so...