Coal ash pollution case to be heard by federal appeals court

Coal ash pollution case to be heard by federal appeals court
Coal ash is one of the by-products of burning coal, seen at Dominion's Chesterfield Power Station

RICHMOND, Va. (AP) - A legal battle over the storage of more than 3 million tons of coal ash in Virginia is headed to a federal appeals court.

The case pits the Sierra Club against the state's largest electric utility.

A federal judge ruled last year that arsenic is flowing from a site where Dominion Energy stores coal ash and is polluting surrounding waters. The judge said Dominion violated the U.S. Clean Water Act, but also said the discharge doesn't pose a threat to human health or the environment.

The 4th U.S. Circuit Court of Appeals will hear arguments Wednesday.

Dominion is appealing Gibney's finding that the company violated the law.

The Sierra Club is asking the court to impose civil penalties and to direct the lower court to order a specific compliance plan.

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