Court Skeptical of Coal Industry’s Challenge to EPA’s Coal Ash Cleanup Order in Ohio Power Plant Case

A federal appeals court is considering two related cases challenging the Obama administration’s efforts to reduce coal waste. The cases were brought by an industry coalition representing some of the nation’s largest and oldest coal-fired power plants, challenging a proposed EPA decision in 2022 ordering the James M. Gavin Power Plant in Ohio to remove coal ash that was leeching into groundwater. The judges at the U.S. Court of Appeals for the District of Columbia Circuit appeared skeptical of the industry group’s claims, including a request for the court to vacate the proposed decision and a press release issued by the EPA.