Waterkeeper Files NOI in Coal Ash Case
Waterkeeper last week served the NOI below on Ameren Corp, which is an electric utility in Missouri. The NOI alleges that Ameren is discharging without a permit wastewater from coal ash ponds into the Mississippi River and other nearby waters via groundwater. This will be one of the first big new cases to test the Maui decision.
The EPA's Maui guidance was, I believe, the only CWA guidance to go final under the new guidance rules, making it harder to quickly wipe off the books. You can bet Ameren will rely on it in its defense. Meanwhile, EPA will be under pressure to rescind the guidance, and EPA HQ, I hear, is overloaded dealing with all of the new-administration issues. This will be one to keep an eye on.
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