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Oklahoma Coal Ash Program Challenge Faces Dubious D.C. Circuit

Jan. 19, 2022, 5:09 PM

A panel of D.C. Circuit judges appeared unconvinced that they could solve the harm allegedly caused by the lack of public participation in the permitting process for Oklahoma’s coal ash program during oral arguments Wednesday.

Judge Robert L. Wilkins opened the questioning by asking Earthjustice attorney Jennifer Cassel what relief environmental groups seek in the case.

The groups want the court to toss the EPA’s approval of the state’s program and direct the agency to set minimum guidelines for public participation in coal ash programs, Cassel said. But if the approval was set aside, then federal standards from 2015 would ...

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