Judicial Watch: Court Confirms Citizens Can Sue Duke Over Coal Ash Pollution

Last week, a federal District Court in North Carolina ruled community groups with members near Duke Energy’s Belews Lake facility can move forward with their coal ash lawsuit against Duke.

The court rejected Duke’s claim that the groups had not alleged facts sufficient to show a violation of pollution control laws. It also rejected their claim that state enforcement actions against Duke shielded the company from private citizen actions.

This is the latest court finding that confirms citizens’ right to protect themselves in court from pollution that has escaped effective public regulatory action. The Southern Environmental Law Center (SELC) is representing citizen groups, including the NAACP, in the case.

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