Appellate court upholds coal ash rules
Mar. 15—An Illinois Appellate Court upheld the state's coal ash rules in a ruling this week, delivering a blow to coal plant owners Midwest Generation LLC, Vistra Corp., and Ameren Energy, which have repeatedly challenged the rules in an attempt to weaken environmental protections, according to Prairie Rivers Network.
In its decision, the court rejected each challenge to the rules brought by owners of coal ash ponds around the state, including challenges to groundwater monitoring requirements, the scope of the rules, and closure mandates.
The ruling is a victory for communities threatened by coal ash and cold serve as a call to the Illinois EPA to require swift coal ash pond clean-up, according to Prairie Rivers Network.
Illinois' coal ash rules, adopted in 2021, aim to address the significant environmental and health hazards posed by coal ash waste. The rules task Illinois EPA with permitting coal ash ponds for operation and closure. The first permit applications were submitted to the Illinois EPA in October 2021, nearly two and half years ago. To date, no coal ash permits have been issued, leaving communities exposed to continuing coal ash pollution.
"We need to see more action at the Illinois EPA on coal ash," said Andrew Rehn, climate policy director at Prairie Rivers Network. "Two and half years is too long to wait. The court decision makes it clear that our coal ash rules are here to stay, so it is time for the Illinois EPA to make decisions on permits and open them to public input."
Coal ash, a byproduct of coal combustion, contains toxic substances that can leach into groundwater and surface water, posing grave risks to human health and ecosystems. A report analyzing groundwater data from coal ash ponds throughout Illinois found that nearly all the ponds were contaminating groundwater with pollutants at levels exceeding health-based standards.
Communities across Illinois are waiting for the state to enforce rules and hold companies accountable for their polluting coal ash ponds.
In Vermilion County, Illinois' only national scenic river, the Middle Fork, is threatened by three large coal ash ponds owned by Vistra subsidiary, Dynegy. A settlement with the state requires the company to remove the coal ash and store it in a new landfill built on-site. Despite this settlement, Illinois EPA has yet to approve the closure permit that would allow coal ash removal to begin.
"We are thrilled to see that the court rejected all challenges to the coal ash rules," said Jenny Cassel, senior attorney at Earthjustice. "The rules provide essential protections for Illinois' waters and communities, and it is critical that the Illinois EPA implement them without any further delay. Residents of Vermilion County, Peoria, Joliet, Waukegan and so many other communities have waited far too long for these dirty ponds to be cleaned up."
