Bloomberg Law
July 26, 2022, 3:40 PMUpdated: July 27, 2022, 1:10 PM

Challenge to EPA Approval of Oklahoma Coal Ash Plan Tossed (3)

Maya Earls
Maya Earls
Legal Reporter

The EPA can avoid a challenge to its approval of Oklahoma’s program related to the operation, management, and closure of coal ash disposal sites, the D.C. Circuit said Tuesday, reversing a lower court.

Waterkeeper Alliance, Lead Agency, and the Sierra Club argued the Environmental Protection Agency failed to meet certain public participation requirements when it approved the state’s program. The agency also improperly approved the program even though it allows “permits for life” that don’t need to keep up with federal coal-ash standards, according to the groups.

The groups wanted the US Court of Appeals for the D.C. Circuit to ...