A federal appeals court Thursday questioned industry critics of the Biden administration’s efforts to crack down on coal waste, considering two related cases that could influence whether power plant owners can leave the toxic material in unlined pits.
The cases were brought by an industry coalition representing some of the nation’s largest and oldest coal-fired power plants. They challenged a proposed EPA decision in 2022 ordering the James M. Gavin Power Plant in Ohio to remove coal ash that was leeching into groundwater.
At least two of the three judges on the panel at the U.S. Court of Appeals for the District of Columbia Circuit appeared skeptical of some of the industry group’s claims, including their request that the court vacate the proposed decision and a press release EPA issued at the time.
The judges focused much of their questioning on how EPA determines whether groundwater has been contaminated with coal ash, as well as whether the agency’s 2022 order constituted a change in policy.
