Judge Backs EPA Ash Permit Reviews But Partially Vacates State Program

摘要

A federal district judge has upheld EPA's process for reviewing states' coal ash permitting programs and rejected environmentalists' claims that the policy violates the Resource Conservation & Recovery Act (RCRA), but has also partially vacated the first state permitting rule that the agency approved under the process. While the April 15 decision in Waterkeeper Alliance, et al, v. Wheeler, et al, generally backs EPA's review process, it also finds that Oklahoma's permitting program violates a 2018 appellate ruling that certain aspects of the current RCRA ash-disposal standards are not stringent enough and remanding that portion of the program to EPA so it can address that deficiency. "The Court agrees with Waterkeeper that Oklahoma's permitting plan, as approved, contravenes the D.C. Circuit's holding in [Utility Solid Waste Activities Group (USWAG), et al, v. EPA, et al.], but also concludes that vacating the final approval of the Oklahoma coal residuals program outright is not necessary. ... To that end, the Court concludes that, in line with the D.C. Circuit's decision in USWAG, EPA's authorization will be partially vacated and remanded," reads the ruling by Judge John D. Bates of the U.S. District Court for the District of Columbia.