When you have yet to clean up your mess, but still want to go outside and play:
A Duke Energy lawyer told a trio of judges on the state Court of Appeals the lawsuit filed by the state's environmental protection agency and joined by conservation groups should be dismissed. Coal ash, the residue left after decades of burning coal to generate power, can contain toxic materials like arsenic and mercury.
The company was in court in part because Superior Court Judge Paul Ridgeway has refused to dismiss the lawsuit. Ridgeway has indicated he would review the remediation plan the state Department of Environmental Quality approves, then decide independently whether the agency is requiring enough from Duke Energy to clean up the pollution, Long said.
It's no coincidence this legal gambit is taking place 13 days before Duke Energy's first substantial hearing on their massive rate hike request before the NC Utilities Commission. That case contains many "findings of fact" on Duke Energy's negligence in coal ash management, and if they can make that go away, it will strengthen their argument for a rate increase while severely weakening the opposition to it. And just to give a voice to those who will be adversely affected by this unreasonable action:
http://ift.tt/2sqI5da
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