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

Description

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.