Appeals Court Revives Lawsuit Over Alabama Power Coal Ash Pit

Court Ruling on Coal Ash Disposal

The U.S. 11th Circuit Court of Appeals ruled Monday that a legal challenge against Alabama Power Co. regarding the management of a massive coal ash pit may proceed. The lawsuit was brought by Mobile Baykeeper, an Alabama-based environmental advocacy group.

The ruling revives a yearslong legal battle centered on approximately 21.7 million tons of coal ash located in one of Alabama's most ecologically sensitive areas. The dispute focuses on Alabama Power's plans for the closure of the coal ash pond, which is situated on the banks of the Mobile River.

Legal Standing and Ripeness

In its decision, the federal appeals panel determined that Mobile Baykeeper has the standing necessary to sue the energy company over the site. The court specifically addressed the issue of "ripeness," concluding that the core legal question is fit for judicial decision.

According to the court, the central legal issue is whether federal law permits an impoundment to be capped in place while coal ash remains in contact with groundwater. The panel stated that the question is "purely legal" and that delaying the review of the case would only serve to prolong uncertainty.

Environmental Concerns

Mobile Baykeeper's lawsuit challenges Alabama Power's plan to close the coal ash pit. The environmental group has raised concerns regarding toxic contamination resulting from the coal ash pit leaking into the Mobile River.