On Wednesday, November 14, the federal lawsuit that Prairie Rivers Network and Earthjustice brought against Dynegy was dismissed by U.S. District Judge Colin S. Bruce in the Central District of Illinois. The court ruled that the federal Clean Water Act does not regulate pollution from artificial ponds like Dynegy’s coal ash pits to rivers like the Middle Fork where the pollution discharges through groundwater.
The court’s decision fails to protect the Middle Fork and the public. The fact remains that Dynegy continues to pollute the Middle Fork of the Vermilion River, Illinois’ only National Scenic River.
This decision also demonstrates the need for strong, statewide coal ash reform that ensures permanent protection of all Illinois waters from coal ash pollution, requires financial assurances from companies for their coal ash liabilities, and gives the public a say in how public resources are treated so that coal ash is not left in our water permanently. Illinois can and must protect communities and waters from this toxic waste.
This is just a small setback in a much larger fight to protect the Middle Fork. While we are disappointed in the decision, Prairie Rivers Network with its Earthjustice legal team will be evaluating our options for an appeal or other legal steps we might take to continue the fight to protect the Middle Fork. Prairie Rivers Network will remain steadfast in its fight to protect the Middle Fork and all rivers in Illinois that are threatened by toxic coal ash pollution.
