The latest news from Mobile Alabama and the surrounding area on AL.com
The James M. Barry Electric Generating Plant in Bucks, Ala., about 25 miles north of Mobile, on the banks of the Mobile River.Alabama Power’s plan to leave 21 million tons of coal ash waste in an unlined impoundment on the Mobile River took another hit last week, as a federal judge recommended that a lawsuit against the company be allowed to move forward.challenging Alabama Power’s plan to close the 597-acre coal ash pond at the James M. Barry Electric Generating Plant in Mobile County.
Bivins found that the ADEM permit was not sufficient to meet federal coal ash rules, and that Baykeeper “has alleged concrete, ongoing harm,” and that the environmental group had asserted “plausible claims for relief against Alabama Power.” Alabama Power told AL.com that as a matter of practice, it does not comment on pending litigation and did not say whether the company planned to object to the judge’s recommendations.The lawsuit moving forward would be another blow for Alabama Power’s plans to cover coal ash in place at Plant Barry and other locations around Alabama., is the leftover material when power plants burn coal for electricity.
Alabama Power got approval from the Alabama Department of Environmental Management in 2021 to use the cover in place method of closing the ash pond at Plant Barry under a state-level permitting program that had not been approved by the U.S. Environmental Protection Agency., arguing that it does not meet the requirements of the federal coal ash rules.
“Indeed, the straightforward issue at the heart of this controversy is whether, under the CCR Rule, a CCR impoundment can be capped in place with CCR in contact with groundwater,” Bivins said in the 38-page recommendation.
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