Oral arguments were held in federal court in the case of Mobile Baykeeper v. Alabama Power Company over coal ash.
The case was previously dismissed but is on appeal in the 11th Circuit of Appeals.
Nicholas Torrey, the attorney for Mobile Baykeeper, summarized the organization’s complaint against Alabama Power. The power company is closing its Plant Berry coal ash lagoon by capping it with a synthetic cover, leaving coal ash underneath. Concerns include leaching arsenic and other toxic metals and pollutants that could reach surrounding waters.
A state solid waste permit authorizes the capping, but Torrey claimed that it violates three federal closure standards.
“The rules require coal ash lagoons like Plant Berry to close and to do so by selecting a closure method that will either comply with the performance standards for cap in place, covering it with a synthetic cover,” Torrey explained. “And to do so and meet those standards, they have to separate the ash from water or they can remove the ash. By violating the cap in place standards and closing the ash in water, Alabama Power is causing pollution that's harming our members.”
The Baykeeper is asking the power company to comply with federal closure standards and to separate the ash from the water. They disagree with the district court’s decision to dismiss the case based on a lack of ripeness because, although the Environmental Protection Agency (EPA) is involved and has reportedly reached an agreement with the power company, violations are still occurring. Torrey said the settlement reached was related to other issues and not the closure.
Mobile Baykeeper’s William Strickland told 1819 News the hope is that the power company will enter into a legally binding agreement to recycle 100% of its coal ash.
Ed Haden, representing Alabama Power, stated that requiring the power company to file a lawful plan would not remedy the situation, as there is a distinction between having a plan and implementing it. He said implementing a plan requires many bureaucratic hurdles.
The full arguments can be heard online.
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