Panel: EPA Disposal Rule ‘Arbitrary’ Given Potential Groundwater Contamination

Mealey's (August 23, 2018, 12:20 PM EDT) -- WASHINGTON, D.C. — A panel of the District of Columbia Circuit U.S. Court of Appeals on Aug. 21 ruled that the Environmental Protection Agency’s rule regulating the disposal of coal residuals was “arbitrary and capricious” in that it failed to require the closure of unlined surface impoundments that can contaminate groundwater.  The panel also ruled that, contrary to arguments made by industry groups, the EPA has statutory authority to regulate inactive impoundments (Utility Solid Waste Activities Group, et al. v. Environmental Protection Agency, No. 15-1219, D.C. Cir.; 2018 U.S. App. LEXIS 23547)....