Mobile group’s coal ash lawsuit against Alabama Power can move forward, court rules

A high-stakes legal battle over a massive coal ash pond near Mobile has been given new life. On Monday, a three-judge panel from the Eleventh Circuit Court of Appeals ruled that the environmental advocacy group Mobile Baykeeper has the necessary standing to sue Alabama Power, effectively reversing a previous decision that had dismissed the case.

The Case Moves Forward

The dispute centers on a 21-million-ton coal ash pond located on the banks of the Mobile River. Last year, U.S. District Court Judge Kristi DuBose had initially tossed the lawsuit, siding with Alabama Power’s argument that Mobile Baykeeper lacked the standing to bring the matter to court. The appellate panel’s reversal now clears the path for the case to return to the U.S. District Court for the Southern District of Alabama.

In her opinion, Judge Britt Grant noted that the case is ripe for review, rejecting the idea that challenges to closure plans must wait until those plans are fully implemented. Grant also cited the environmental stakes, stating, “Coal ash is dangerous and dirty—'one of the largest industrial waste streams generated in the U.S.'”

Differing Perspectives

For Mobile Baykeeper, the court’s decision is a victory for local residents. “Today’s ruling gives the people in coastal Alabama their day in court,” said Cade Kistler, official Baykeeper for Mobile Baykeeper. “This ruling and the community’s desire to see the coal ash removed are a turning point.” The group has long argued that the only way to protect the region's waterways and human health is to remove the ash from the pond entirely.

Alabama Power, which supplies electricity to 1.5 million residents, maintains that its operations are lawful. “Alabama Power continues to be in compliance with all applicable federal and state environmental laws and regulations,” spokesperson Alyson Tucker said Monday. “We will continue to follow any final court or agency decisions. Because litigation related to Plant Barry coal ash plans is ongoing, we are unable to comment further at this time.”

Regulatory Uncertainty

The controversy stems from Alabama Power’s plan to cap the unlined pond in place, an approach that has faced significant scrutiny. While the Alabama Department of Environmental Management approved the plan, the EPA issued a “notice of potential violation” in 2023, specifically questioning the closure strategy. Even as Alabama Power moves toward an agreement with Eco Material Technologies to recycle some of the ash into cement, industry experts estimate the full removal process could span 30 years and cost billions in closure costs.

New federal proposals under the current EPA may complicate the landscape further by allowing companies to seek “site-specific determinations” for cleanup. However, attorneys for Mobile Baykeeper told 205focus.com that the pending litigation is unlikely to be affected by these proposed rule changes. The public has until June 12 to provide feedback on the new standards, with a virtual public hearing scheduled for next week.

The legal fight began in 2022 when Mobile Baykeeper sued Alabama Power, challenging the utility's adherence to federal regulations regarding the disposal of coal ash—a byproduct of energy production containing heavy metals like lead, arsenic, and cadmium.