Supreme Court rejects bid to pause coal ash rule

By Miranda Willson | 12/12/2024 01:26 PM EST

The Biden administration rule nonetheless faces an uncertain future under Trump’s EPA.

The Supreme Court has declined to temporarily freeze a new rule from the Biden administration that requires the cleanup of coal waste dump sites across the nation.

Finalized in April, the rule targets coal ash stored near dormant power plants and in other locations that were previously exempt from federal cleanup requirements. The sites are at risk of leaching toxic metals into groundwater and the surrounding environment, EPA said.

A group of electric utilities, industry trade groups and Republican-led states have sued to overturn the rule. One utility — East Kentucky Power Cooperative — asked the Supreme Court for a stay, or pause, while the lawsuit was pending. But the high court denied it Wednesday with no explanation.

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East Kentucky Power Cooperative is disappointed with the court’s decision, said spokesperson Nick Comer. The new rule will require the not-for-profit cooperative to spend millions of dollars cleaning up sites that were deemed “clean-closed” years ago, he said.

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