Judge Dismisses Groups’ Suit Over Energy Company’s Coal Ash Discharges

Mealey's (January 2, 2018, 12:18 PM EST) -- LEXINGTON, Ky. — A federal judge in Kentucky on Dec. 28 dismissed with prejudice a claim brought by two environmental groups contending that Kentucky Utilities Co. (KU) is violating the Clean Water Act by allowing storm water containing pollutants from its coal-ash settlement ponds to migrate into a navigable waterway, holding that the discharges are not subject to the act’s National Pollutant Discharge Elimination System (NPDES) permit requirements  (Kentucky Waterways Alliance, et al. v. Kentucky Utilities Co., No. 17-cv-292-DCR, E.D. Ky., 2017 U.S. Dist. LEXIS 212329)....