Supreme Court’s decision on coal ash regulations in Kentucky sparks debate on environmental protection versus industry interests.
At a Glance
- Supreme Court upholds EPA’s authority to regulate coal ash pollution from Kentucky utility
- Decision reinforces ban on closing coal ash dumps in contact with groundwater
- Ruling seen as a victory for environmental groups and public health advocates
- Coal industry faces increased pressure to address toxic waste management
- EPA plans to expand regulations to cover older coal ash dumpsites
Supreme Court Bolsters EPA’s Regulatory Power
The Supreme Court has made a significant ruling in support of the Environmental Protection Agency’s (EPA) authority by refusing to halt regulations aimed at controlling coal ash pollution from a Kentucky electric utility. This decision comes as a surprise to many, given the court’s recent history of limiting the EPA’s power. Coal ash, a byproduct of burning coal for electricity generation, poses a serious threat to public health and the environment when it contaminates groundwater due to its toxic components.
The ruling underscores the judiciary’s recognition of the need for regulatory measures to prevent environmental damage and protect natural resources and public health from industrial pollutants. It particularly emphasizes the necessity of managing coal ash to prevent seepage into the water supply, a concern that has long been a focus of environmental activists and health experts.
Recently, SCOTUS allowed @EPA regulations limiting greenhouse gas emissions from coal-fired power plants to remain in place while our case proceeds. NCDOJ has been defending these regulations alongside the federal government and 21 other state AGs. https://t.co/xZZQcPLWKw
— NC Attorney General (@NCAGO) October 18, 2024
Recent Challenges to EPA Authority
This decision stands in contrast to a series of rulings over the past two years that have significantly reduced the EPA’s authority. The court’s conservative supermajority has issued several decisions weakening the power of various federal agencies, with the EPA being a particular target due to cases brought by conservative activists since 2022.
These activists argue that EPA regulations increase costs for industries such as electric utilities and home building. In a notable decision, the Supreme Court ended the Chevron doctrine, which had allowed courts to defer to government agencies on unclear laws. This change impacts the regulatory authority of federal agencies in areas including the environment, healthcare, workplace safety, telecommunications, and finance.
Coal Ash Regulations Upheld
The U.S. Court of Appeals in Washington, D.C. blocked the coal power industry’s attempt to avoid preventing coal ash from contaminating groundwater. The court affirmed that EPA regulations from 2015 prohibit closing coal ash dumps with ash sitting in groundwater. This ruling addresses two lawsuits, Electric Energy, Inc. et. al. v. EPA (I) and (II), which challenged this prohibition.
Coal ash dump sites across the U.S. are leaching toxic pollution into groundwater, affecting drinking water and nearby water bodies. The court’s decision reinforces the requirement for coal plants to eliminate any contact between ash and groundwater. This ruling is seen as a victory for environmental groups, including the Sierra Club and Earthjustice, who intervened in the lawsuit.
Implications for the Coal Industry
The EPA plans to expand the 2015 rule to cover older dumpsites, with some utilities already challenging this expansion. The ruling provides a directive to states with their own coal ash permitting programs to uphold the ban on closing ash dumps in groundwater. This decision was in response to industry lawsuits alleging that the EPA adopted a new policy banning closing ponds with coal ash in groundwater.
A 2022 report found that ash at 91% of coal plants contaminates groundwater above federal safety standards, with most not proposing any treatment. Coal ash is a major toxic industrial waste stream, containing hazardous pollutants linked to serious health issues. The plaintiffs in the cases include several power companies and the State of Texas, while environmental groups intervened in support of the EPA.
Balancing Environmental Protection and Industry Concerns
While this ruling represents a win for environmental protection, it also highlights the ongoing tension between regulatory efforts and industry interests. The coal industry and its supporters argue that increased regulations lead to higher costs and potential job losses. However, environmental advocates emphasize the long-term health and environmental benefits of proper coal ash management.
As the EPA moves forward with plans to expand regulations to older sites, the industry is likely to face increased pressure to address its toxic waste management practices. This Supreme Court decision may signal a shift in the judiciary’s approach to environmental regulations, potentially paving the way for more stringent enforcement of pollution control measures in the future.
