ELR Citation: 56 ELR 20069
No(s). 24-12682 (11th Cir. May 18, 2026)

The Eleventh Circuit reversed a district court's dismissal of a RCRA citizen suit concerning toxic leaching from a coal ash impoundment at a power plant near the Mobile River. An environmental group argued a closure plan implemented by the plant violated EPA regulations and that a lawful plan would ease or eliminate harms to its members, namely use and enjoyment of the river and neighboring waterways. The district court dismissed the suit, finding the group lacked standing and that its claims were not ripe for review. The appellate court disagreed, finding the group's complaint adequately alleged that the plant's coal ash pollution burdened members' use and enjoyment of local water, that the plant's closure plan did not meet EPA requirements, that a compliant plan would alleviate or mitigate those harms, and that federal courts could require such a plan. It reversed the district court's judgment and remanded for further proceedings.