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

A high-stakes environmental legal battle is moving forward. On Monday, the Eleventh Circuit Court of Appeals cleared the path for a lawsuit filed by Mobile Baykeeper against Alabama Power, reversing a previous decision that had blocked the case from proceeding.

At the center of the dispute is a massive 21-million-ton coal ash pond located along the banks of the Mobile River. Mobile Baykeeper argues that the utility’s plan for closing the pond violates federal coal ash regulations, and the appeals court has now ruled that the environmental group has the necessary standing to bring the challenge to court.

A Turning Point in Court

The decision marks a significant shift after U.S. District Court Judge Kristi DuBose originally dismissed the case, ruling that the advocacy group lacked standing. The Eleventh Circuit panel disagreed, concluding the case is ripe for review rather than being a matter for the future.

"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."

Judge Britt Grant, writing for the panel, rejected the notion that illegal closure plans can only be challenged after they are fully implemented. Grant also characterized coal ash as "dangerous and dirty," noting it is "one of the largest industrial waste streams generated in the U.S."

Ongoing Tensions Over Cleanup

The case, which originally saw Mobile Baykeeper sue Alabama Power in 2022, now heads back to the U.S. District Court for the Southern District of Alabama. The litigation specifically targets the utility’s proposal to dewater the ash and install an earthen cap—a plan that leaves the material in an unlined pond.

While the Alabama Department of Environmental Management approved the plan, federal regulators have been more critical. In 2023, the EPA issued a notice of potential violation regarding the site.

Alabama Power, which supplies electricity to 1.5 million residents, maintains its actions are lawful. "Alabama Power continues to be in compliance with all applicable federal and state environmental laws and regulations," said spokesperson Alyson Tucker. "We will continue to follow any final court or agency decisions."

The Road Ahead

Mobile Baykeeper maintains that removing the ash from the pond is the only safe path forward, citing concerns over heavy metals like lead, arsenic, and cadmium leaching into water supplies. Utility officials have previously estimated that total excavation could cost $4 billion and span decades.

There is also a complex regulatory backdrop. Alabama Power reached an agreement with Eco Material Technologies in 2024 to recycle some of the ash for a new cement plant at the Barry site. However, the EPA has recently proposed changes to federal coal ash rules that could alter future cleanup requirements.

Despite the legal maneuvering, attorneys for Mobile Baykeeper suggest the current lawsuit remains on solid ground. For those following the broader debate, the EPA is accepting public comments on their proposed rule changes until June 12, with a virtual public hearing scheduled for next week.

For more details on the earlier judicial findings, read the 2025 ruling where a federal judge called Alabama Power’s coal ash plan unlawful. 205focus.com will continue to monitor the proceedings as the case returns to district court.