None of the injuries alleged by a conservation group are fairly traceable to a power company’s plan to handle coal ash from its coal-fired electric generating facility in Alabama, the company argued.
For instance, past injury from 1991 to 2019 can’t be traced to the 2020 closure plan for the coal ash impoundment pond, Alabama Power Co. said in its brief filed with the US Court of Appeals for the Eleventh Circuit on Monday.
“Alabama Power does not concede that the Plant Barry CCR impoundment has harmed any person, fish, or animal or reached any property” beyond its ...
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