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Tag: Must

Judge Rules TVA Must Move Gallatin Coal Ash

August 5, 2017
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A federal judge on August 4 said the Tennessee Valley Authority (TVA) must dig up coal ash at one of its power plants and move it to a lined waste site. The order came in a suit filed by the Tennessee Scenic Rivers Association (TSRA) and the Tennessee Clean Water Network (TCWN), who said coal ash stored at the TVA’s Gallatin Fossil Plant has been polluting the nearby Cumberland River for decades in violation of the Clean Water Act.

U.S. District Judge Waverly Crenshaw in Nashville, Tenn., said that although there is little evidence thus far that seeping coal ash has polluted the river, uncertainty about future pollution and its possible danger will continue to create conflicts, and moving the ash is the best way to resolve an “untenable situation that has gone for far too long.” The Southern Environmental Law Center in 2014 announced its intention to represent the two environmental groups in the suit.

The case involves a coal ash pit at Gallatin that was closed in 1970, but where the coal ash ponds remain in use.…

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Germany Must Pay Nuclear Firms Compensation for 2011 Shutdown

December 6, 2016
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Germany’s highest court ruled on November 6 that energy firms E.ON, RWE, and Vattenfall have a right to seek compensation as a result of the 2011 decision to prematurely shut down the country’s nuclear fleet.

The Merkel government’s order in the wake of the Fukushima disaster, in which three Japanese reactors melted down as a result of damage from a 9.0 earthquake and tsunami, was deeply controversial and continues to reverberate across Germany’s energy landscape. Eight of the nation’s oldest 17 nuclear reactors were shut down immediately, with the others slated for retirement by 2022 (Figure).

GermanyE.ON’s Grohnde nuclear plant in Lower Saxony is one of the best-performing units in Germany’s fleet. It is slated to retire by 2022. Courtesy: Heinz-Josef Lücking/Wikimedia

Abrupt Turnaround

The German Constitutional Court said the order itself was legal, but because it impacted the companies’ property rights in their plants, the government was obligated to pay compensation. Part of the decision was based on agreements the government had reached with the firms a few months earlier to extend lifetimes for the reactors well beyond 2021.…

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