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Coal Ash Storage and Disposal: Liability Issues for Utilities, Recent State Legislation

Coal Combustion Residuals Challenges for Utilities Under Federal and State Law

Recording of a 90-minute premium CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, August 20, 2019

Recorded event now available

or call 1-800-926-7926

This CLE course will provide energy counsel with an in-depth analysis of the legal and regulatory challenges of coal combustion residuals of utilities. The panel will discuss new EPA rule amendments and recently enacted state laws, potential risks and liability for coal ash storage and disposal, critical considerations for the reuse of sites and facilities, and best practices for managing claims stemming from storing and disposing of coal ash.


On July 17, 2018, the EPA released final rules amending regulations for the disposal of waste from coal combustion, effective Aug. 29, 2018. This is the first of a series of regulatory reforms announced by EPA to update the standards for new and existing coal combustion residual (CCR) landfills and surface impoundments initially promulgated in 2015.

Among other things, the rules set out requirements for existing CCR surface impoundments, which have subsequently been impacted by a judicial ruling in the D.C. Circuit Court of Appeals. EPA has been working on a responsive rulemaking to address whether, to what extent, and when CCR surface impoundments must be retrofitted or closed. In light of the federal developments, many states have enacted or are in the process of developing new rules and regulations on the storage and disposal of CCRs.

Increased claims and recent court decisions involving groundwater contamination and illnesses suffered by neighboring landowners as well as remediation workers demonstrate the litigation risk to utility owners. Counsel must fully grasp federal and state regulation of coal ash, the reach of the Clean Water Act, and potential exposure and liability.

Listen as our panel provides an in-depth analysis of new EPA rule amendments and recent state regulations, the legal challenges and liability of CCR storage and disposal, critical considerations for the remediation and reuse of facilities, and managing claims.



  1. Federal regulation of coal combustion residuals
  2. Impact of new EPA amendments and judicial opinions
  3. Recent state developments
  4. Coal ash storage and disposal liability and managing claims
  5. Considerations in the reuse of sites and facilities


The panel will review these and other key issues:

  • New EPA rule amendments regarding the regulation of coal combustion residuals
  • Managing the risks and liabilities stemming from coal ash storage and disposal
  • Recent state law developments in response to EPA rule amendments
  • Recent court decisions and managing coal ash claims and litigation
  • Remediation and key considerations in for the reuse of sites and facilities


Hanson, Andrew
Andrew C. Hanson

Perkins Coie

Mr. Hanson provides legal support for energy project acquisition, development and construction, including for natural...  |  Read More

Nasi, Michael
Michael J. Nasi

Jackson Walker

Mr. Nasi is a partner with Jackson Walker LLP where he practices environmental and energy law. He has been practicing...  |  Read More

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