Christine Ho, christine.ho@sierraclub.org
Washington, D.C. – Today, the D.C. Circuit Court of Appeals ruled to allow the Environment Protection Agency (EPA)’s legacy coal ash safeguards to remain in effect while considering challenges from utilities and other industry groups seeking to avoid responsibility for coal waste.
In April, the EPA finalized a landmark legacy coal ash rule that closed a loophole and required—for the first time in history—coal-burning power plants to extend their clean up efforts to inactive ponds and landfills. At the time of the announcement, at least 320 coal plants were taking advantage of this loophole and leaving behind dangerous toxins in its communities.
Coal ash contains multiple hazardous pollutants, metals, carcinogens, and neurotoxins, which are linked to health conditions like cancer, heart and thyroid disease, reproductive failure, and can inflict permanent brain damage on children. Utilities often dispose of coal ash by dumping it in unlined ponds, landfills, and mines where toxic pollution such as mercury, lead, and arsenic can leak into groundwater.
Following the announcement of this new standard, big polluters and Republican-controlled states quickly took legal action against the EPA, seeking to evade responsibility for its coal-burning practices and the environmental consequences of its actions.
Today, a panel of three judges on the D.C. Circuit Court of Appeals unanimously denied the stay request.
In response, Sierra Club Chief Energy Officer Holly Bender released the following statement:
“Not too long ago, communities across the country celebrated the EPA’s historic decision to hold big polluters accountable for the environmental and public health impact that their coal-burning practices caused. By closing a crucial loophole, the Biden-Harris administration took a step toward justice for those affected by coal ash.
“However, bad actors in the coal industry continued to shirk responsibility and refuse to lie in the bed they made.
“Today’s decision by the D.C. Circuit Court of Appeals is a reaffirmation that the coal industry must take full responsibility for the devastations it has caused, and we will continue to push it to do right by the affected communities.”
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.