Final EPA Rule Softening Limits On Unlined Coal Ash Sites Tees Up Suit

October 16, 2020
EPA has finalized its rule allowing coal ash disposal sites that lack “composite” liners to keep operating if they can show there is “no reasonable probability” that the facilities will contaminate groundwater, teeing up a legal fight with environmentalists who say the rule violates both waste law and a 2018 appellate court decision. The Oct. 16 rule , framed as “Part B” of EPA’s policy on “A Holistic Approach To Closure” for ash sites, enacts with minor changes the agency’s...

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