6th Circuit Weighs Bar On RCRA Suits Over Ash Sites In State Cleanup Plans

摘要

A Kentucky utility is urging a federal appeals court to set a broad precedent barring environmentalists from using federal waste law to sue over leaking coal ash impoundments covered by state cleanup plans, while environmentalists counter that such a bar should only apply to plans that would "actually redress" their concerns about leaking.In recently filed briefs to the U.S. Court of Appeals for the 6th Circuit, both sides in Kentucky Waterways Alliance (KWA). et al., v. Kentucky Utilities Co. (KU) square off over whether KWA and its allies can sue over an alleged imminent and substantial endangerment (ISE) to the environment from KU's E.W. Brown power plant even after Kentucky crafted a remediation plan aimed at addressing leaks from the site.