Judge: Actually, NC DOES Have The Authority To Order Duke Energy To Remove Toxic Coal Ash
A North Carolina administrative law judge ruled Friday that the state Department of Environmental Quality had the proper legal authority to order Duke Energy to excavate each of its coal ash pits across the state. The decision by Judge Selina Malherbe to grant DEQ’s partial motion to dismiss will limit the scope of Duke’s appeal of the state’s lawsuit against the company as it moves forward, according to the DEQ.
“I am very pleased with the judge’s ruling. It confirms that DEQ has the authority to select the method of closure for coal ash impoundments,” DEQ Secretary Michael Regan said in a statement. “DEQ stands by its determination that the best way to protect public health, communities and the environment is to excavate coal ash impoundments across the state. ”
On April 1, the DEQ ordered Duke Energy Progress LLC to excavate all remaining coal ash impoundments in North Carolina, saying it had “determined excavation of all six sites is the only closure option that meets the requirements of Coal Ash Management Act to best protect public health.” There are nine coal ash basins on the six sites — Allen in Gaston County, Belews Creek in Stokes County, Cliffside/Rogers in Cleveland and Rutherford counties, Marshall in Catawba County, and Mayo and Roxboro in Person County.
Duke Energy appealed the order on April 26, saying it wants to protect customers from excessive cost and disruption, and that it has been safely closing coal ash basins according to state and federal law. The state wants Duke Energy to excavate all of its coal ash pits and to move the sludge to lined pits in other locations. Duke Energy wants to cap some of the pits in place.
EDIT
https://www.northcarolinahealthnews.org/2019/08/02/judge-sides-with-deq-on-duke-energy-coal-ash-removal/