Environmentalists Say State Ash Cleanup Plan Does Not Block RCRA Suit

摘要

Environmentalists are urging an appeals court to let them sue over leaks from a Kentucky coal ash site even though it is under a state-crafted "corrective action plan," arguing that because the state's plan is inadequate it should not block their Resource Conservation and Recovery Act (RCRA) suit or related Clean Water Act (CWA) claims.In their March 27 opening brief, environmental appellants in Kentucky Waterways Alliance (KWA), et al., v. Kentucky Utilities Co. (KU) say a district judge was wrong to dismiss their RCRA claims of an "imminent and substantial endangerment" (ISE) from leaks at KU's E.W. Brown power plant in Mercer County, KY. The judge said the plaintiffs lacked standing because the state had already approved a corrective action plan aimed at controlling pollution from the plant.