ELR Citation: 51 ELR 20088
No(s). 5:17-292-DCR (E.D. Ky. May 17, 2021) (Reeves, J.)

A district court granted summary judgment for a utility company in a lawsuit concerning groundwater discharges from coal ash ponds at its power plant in Kentucky. Environmental groups argued that the discharges threatened immediate and substantial environmental harm to a nearby lake and streams, in violation of RCRA, and sought an injunction. The court found the groups presented limited admissible evidence that a risk of endangerment was present and that such evidence failed to distinguish between the effects of permissible and non-permissible discharges, and thus could not conclude that coal ash at the plant "present[ed] an imminent and substantial endangerment to health or the environment." It granted summary judgment for the utility.