EPA must set deadline for coal ash regulations

Paradise Fossil coal-fired power plant

A federal district court judge issued a memorandum opinion Tuesday stating the U.S. Environmental Protection Agency has 60 days to inform the court of when the agency plans to complete a review and revision of its regulations concerning coal ash. The memorandum was written in response to a lawsuit filed by multiple environmental and public health groups in the U.S. District Court for the District of Columbia.

U.S. District Judge Reggie Walton wrote in the memorandum that the court agreed with the plaintiffs that the EPA has a nondiscretionary duty to review and, if found necessary, revise its waste regulations under the Resource Conservation and Recovery Act every three years. Those regulations include solid waste regulations related to coal ash disposal.

Although Walton wrote the court “is sensitive to the EPA’s desire to conduct its review and revision of the regulations at issue in a responsible fashion” and believes the agency can give the best position to decide the time that might take, he stated the court “cannot permit the EPA to set its own schedule to the extent that the EPA’s non-discretionary duty is pursued in a manner dictated solely by the Agency’s discretion.”

After the EPA informs the court of when a review will be complete, the plaintiffs in the lawsuit may file a response to the agency’s proposal, according to the memorandum opinion.

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