An environmental group may continue its legal challenge against Alabama Power Co. over toxic contamination from a coal ash pit leaking into the Mobile River, a federal appeals panel ruled Monday.
The US Court of Appeals for the Eleventh Circuit said Mobile Baykeeper’s lawsuit challenging the cleanup at the James M. Barry Electric Generating Plant “should not have been dismissed,” as plaintiffs must be allowed to sue over historic pollution and before a closure plan has been fully implemented.
“Mobile Baykeeper’s injury is fairly traceable to leaching that the allegedly noncompliant closure plan perpetuates, and past environmental degradation does ...
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