Increased Regulation Coming For Coal Ash

The decision of the U.S. Court of Appeals for the District of Columbia Circuit on August 21 in Utility Solid Waste Activities Group (USWAG), et al v. EPA, No. 15-1219, likely will lead to more stringent regulation of coal ash disposal at both active and inactive power plants.  In a per curiam opinion, the D.C. Circuit agreed with challenges asserted by environmental plaintiffs that the Obama-era coal ash rule did not establish stringent enough controls on coal ash disposal and management.  The Court ruled that EPA's failure to require protective measures for coal ash disposal sites without composite liners, and its failure to regulate closed "legacy sites" of coal ash disposal were illegal under the Resource Conservation and Recovery Act (RCRA).