Appellate Court Upholds Illinois Coal Ash Regulations

Coal ash contains hazardous contaminants that can threaten soil and water, leading Illinois to adopt statewide rules regulating coal ash ponds. On March 13, 2024, the Illinois Appellate Court for the Fourth District upheld those rules, finding the Pollution Control Board acted within its authority and reasonably justified the regulations.

Illinois Pollution Control Board Reconsiders Ruling on Groundwater Management Zones, Affirms Remainder of Order on Coal Ash Violations

In February 2020, the Illinois Pollution Control Board reconsidered its prior interim ruling in Sierra Club v. Midwest Generation, LLC, addressing the duration and function of Groundwater Management Zones (“GMZs”) under Illinois environmental regulations. Reversing its earlier interpretation, the Board held that GMZs do not automatically expire upon the completion of active remediation and instead remain in effect until the Agency receives documentation confirming both completion of corrective action and attainment of applicable groundwater standards. While the Board affirmed its prior finding that Midwest Generation was liable for groundwater contamination at its coal ash sites, the decision restored regulatory certainty for entities relying on GMZ