Today, the Administrative Law Judge presiding over the Duke Energy appeal of the Department of Environmental Quality’s (DEQ) coal ash closure decisions issued a significant ruling in favor of DEQ. The ALJ affirmed that DEQ had proper legal authority to elect the closure option for each coal ash impoundment. The ALJ’s decision to grant DEQ’s partial motion to dismiss will limit the scope of the appeal as it moves forward.
“I am very pleased with the judge’s ruling. It confirms that DEQ has the authority to select the method of closure for coal ash impoundments,” said DEQ Secretary Michael Regan. “DEQ stands by its determination that the best way to protect public health, communities and the environment is to excavate coal ash impoundments across the state. We will continue to defend that decision as this appeal moves forward.”
Full text of the order is available here https://files.nc.gov/ncdeq/Coal%20Ash/2019-08-02-Order-Granting-Partial-MTD.pdf