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Sierra Club Seeks Coal Ash Cleanup in North Carolina

Case Updates:

March 25, 2013

On March 25, North Caroline regulators filed a complaint against Duke Energy Corp. over contamination from coal ash ponds near Asheville.

The North Carolina Division of Water Quality's request follows a January notice of intent to sue by Sierra Club and other environmental groups.

In their filing in Wake County Superior Court, regulators faulted Duke subsidiary Progress Energy Inc. of dumping chemicals including thallium, boron and selenium, among other pollutants. They also say inspectors saw unpermitted seeps from the ash ponds that flow into the French Broad River.

October 12, 2012

On October 12, the Sierra Club and Waterkeeper Alliance filed a lawsuit challenging pollution from coal ash disposal at more than a dozen power plants in North Carolina. The lawsuit charges that the coal plant owners have been allowing their old coal ash ponds to pollute groundwater. Coal ash is made up of silica, iron, calcium and aluminum and can contain arsenic and heavy metals such as cadmium, lead, mercury and selenium. Pollutants, including thallium and selenium, have leaked from the unlined coal ash wet impoundments and the North Carolina Division of Water Quality has confirmed evidence of elevated contaminant levels near the sites.

Represented by the Southern Environmental Law Center, the Club and Waterkeeper are asking the North Carolina Environmental Management Commission to force Duke Energy and Progress Energy to clean up any illegal leaks from the coal ash dumps.

The lawsuit comes as U.S. EPA and Congress separately considers regulation for coal ash dumps.

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