Appeals Court Reverses Gallatin Fossil Plant Coal Ash Cleanup Order - Articles

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Posted by: Jarod Word on Oct 1, 2018

A federal appellate panel last Monday overturned an order that would have required the Tennessee Valley Authority to unearth and remove a massive amount of coal ash at the Gallatin Fossil Plant, The Washington Post reports. In a 2-1 decision, the 6th U.S. Circuit Court of Appeals maintained that leaks from unlined coal ash pits through groundwater into the Cumberland River are a “major environmental problem” but the Clean Water Act isn’t the “proper legal tool of correction” to address it. A district judge in 2017 ordered the coal ash to be excavated and removed, citing Clean Water Act violations regarding pollutants leaking into the Cumberland River. You can read the opinion here.