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CASE ENTRY

Kentucky Waterways Alliance v. Kentucky Utilities Company

Environmentalists: Toxic coal ash is leaking from ponds near a Kentucky power plant into groundwater and then into a nearby lake. Sixth Circuit: Not a Clean Water Act violation. But the Resource Conservation and Recovery Act, which regulates solid waste management, applies. The RCRA claim should not have been dismissed. Judge Clay, concurring in part, dissenting in part: The CWA applies, too.


Tags: 2018, Clean Water Act, Judge Clay, RCRA, Sixth Circuit

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