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Tag: Rules

Judge Rules TVA Must Move Gallatin Coal Ash

August 5, 2017
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| Industry News

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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Court Orders EPA to Evaluate Coal Industry Job Losses Related to Air Pollution Rules

October 19, 2016
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A federal court has ordered the Environmental Protection Agency (EPA) to file a plan and schedule to evaluate the consequences of its air pollution rules on jobs, finding for a giant coal company that is suing the agency for an alleged “war on coal” waged over the past five years.

In an October 17 summary judgment, U.S. District Judge John Preston Bailey for the U.S. District Court for the Northern District of West Virginia ordered the agency to file the plan and schedule within 14 days.

The EPA must fully comply with a provision in the Clean Air Act (Section 321[a]) adopted by Congress in 1977 that requires the agency to continually evaluate job losses, which may stem from air pollution rules, said Bailey. Moreover, if the EPA refused to conduct the required evaluation, it would constitute an “abuse of discretion,” owing to the importance, widespread effects, and the claims of the coal industry, he said.

Irreparable Harm

The case stems from a lawsuit filed in March 2011 by troubled coal giant Murray Energy Corp.…

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EU Parliament Approves New Cybersecurity Rules

July 11, 2016
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The European Union (EU) parliament on July 6 approved the first community-wide rules designed to bolster cybersecurity throughout the EU.

According to the official statement, the new law “lays down security and reporting obligations for ‘operators of essential services’ in sectors such as energy, transport, health, banking and drinking water supply. EU member states will have to identify entities in these fields using specific criteria, e.g. whether the service is critical for society and the economy and whether an incident would have significant disruptive effects on the provision of that service.”

In addition, some “digital service providers” such as search engines and online marketplaces will be required to take measures to secure their infrastructure and report significant cybersecurity incidents to national authorities.

Community-Wide Cybersecurity Action Necessary, EU Notes

“Cybersecurity incidents very often have a cross-border element and therefore concern more than one EU member state. Fragmentary cybersecurity protection makes us all vulnerable and poses a big security risk for Europe as a whole.…

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