Federal District Court Holds That Wind Blown Coal Dust Into Waterway Does Not Violate Clean Water Act

Published May 29, 2013

In recent weeks, several environmental groups have indicated their intention to sue a national rail carrier, mining companies, and utilities for alleged Clean Water Act violations.  The groups’ notice of intent to sue indicates they intend to allege unpermitted deposition of coal dust and coal chunks into federally-protected waterways in the State of Washington.

In a recent decision with potential significance for that litigation, the United States District Court for Alaska granted summary judgment for a coal loading facility and railroad on two of three claims made by plaintiff environmental groups.  For more information, contact Brad Doll at doll@tmw-law.com.

  • To read Brad Doll’s analysis, click here.
  • To read the Alaska Community Action on Toxics, et al. v. Aurora Energy Services, LLC Order, click here.