Coal Ash Contamination Lawsuit Lawsuit

“Comprehensive groundwater monitoring conducted under the EPA's CCR Rule and ordered by the North Carolina DEQ has documented that virtually every Duke Energy coal ash disposal site in North Carolina exhibits groundwater contamination exceeding safe drinking water standards. Monitoring wells installed around coal ash ponds at sites including Belews Creek, Marshall, Allen, Cliffside, Roxboro, Mayo, Asheville, and others have detected arsenic, hexavalent chromium, boron, selenium, cobalt, thallium, and other coal ash constituents at concentrations above EPA maximum contaminant levels and North Carolina 2L groundwater quality standards. At some sites, arsenic concentrations in monitoring wells exceed the EPA MCL of 10 parts per billion by factors of 5 to 20. Boron — a reliable tracer of coal ash contamination because it occurs in coal ash at concentrations far above natural background — has been detected at levels confirming that the contamination originates from the coal ash ponds rather than natural geological sources. Duke Energy's own compliance data, required to be posted publicly under the CCR Rule, confirms these exceedances.”

“The federal criminal investigation into the Dan River coal ash spill revealed that Duke Energy had been aware of deteriorating stormwater infrastructure running beneath its coal ash ponds but failed to repair or replace it. On February 2, 2014, a corrugated metal stormwater pipe running beneath the 27-acre ash basin at the retired Dan River Steam Station in Eden, North Carolina collapsed, creating a direct pathway for coal ash and contaminated water to flow into the Dan River. Over six days, approximately 39,000 tons of coal ash and 27 million gallons of contaminated water entered the river, depositing a layer of toxic ash across 70 miles of riverbed. EPA emergency response teams documented elevated levels of arsenic, selenium, and other heavy metals in river water and sediment. Duke Energy pled guilty to nine criminal counts of negligent discharge of pollutants in violation of the Clean Water Act — including not only the Dan River discharge but also illegal discharges at four other coal ash sites that were uncovered during the investigation. The plea agreement included $68.2 million in fines and restitution and $34 million in community service and environmental mitigation projects.”

“Multiple peer-reviewed studies and government risk assessments have established the link between coal ash contaminant exposure and elevated cancer risk. The EPA's own risk assessment for the CCR Rule modeled lifetime cancer risk from arsenic exposure via groundwater near unlined coal ash ponds and found risk levels exceeding 1 in 100 for nearby residents — far above the EPA's acceptable risk threshold of 1 in 10,000. Epidemiological studies of communities near coal ash sites in North Carolina, Tennessee, and other states have documented elevated rates of cancer, particularly bladder cancer, kidney cancer, and liver cancer, compared to state and national baseline rates. A 2018 study published in Environmental Health Perspectives found statistically significant associations between proximity to coal ash disposal sites and cancer incidence in surrounding communities after controlling for known confounders. The EPA's IRIS profiles for inorganic arsenic and hexavalent chromium — both confirmed or likely human carcinogens — provide the toxicological basis for connecting coal ash exposure to specific cancer types. North Carolina health assessments conducted after the Dan River spill and subsequent groundwater contamination discoveries have identified cancer clusters in communities adjacent to several Duke Energy coal ash sites, though state health authorities have cautioned that cluster investigations cannot alone establish causation.”