Two years ago, Prairie Rivers Network, represented by Earthjustice, filed a lawsuit against Dynegy/Vistra for their toxic coal ash seeping pollution into the Middle Fork. For a while, that lawsuit has been on hold while we waited for a decision from the US Supreme Court that would shape the direction of our Middle Fork lawsuit.
On April 23rd this year, the Supreme Court decided that discharges to navigable waters (like the Middle Fork) through groundwater are regulated under the Clean Water Act.
This is a major victory for the Clean Water Act, and it also means that our lawsuit will no longer be on hold. We’ve already taken steps to move the lawsuit forward again and force Dynegy to clean up its ash on the Middle Fork.
Andrew Rehn provides technical expertise in support of Prairie River’s coal pollution programs.
