Specific Waste Issues

Coal Ash

Coal-fired electric generating stations and other large users of coal generate significant quantities of coal ash such as fly ash, bottom ash and boiler slag. Managing coal ash has always been a challenge, but never more so than today when concerns are being raised by neighbors, regulators and national public interest groups about the health and environmental impacts of coal ash. On the other hand, coal ash has the remarkable ability to be used in many applications, and the success of a beneficial re-use program depends on proper planning and notifications.

Schiff Hardin LLP has worked with clients for years in addressing coal ash issues and has developed a wide range of expertise to assist you in managing coal ash under federal, state and local regulatory programs, and successfully litigating when necessary. Moreover, because of the firm’s litigation and remediation experience involving coal ash, our attorneys understand the science associated with coal ash and the behavior of coal ash constituents in the environment. Schiff Hardin attorneys have worked closely and successfully with consultants to understand coal ash chemistry and morphology, as well as the fate and transport of coal ash constituents in the environment.

Regulatory Counseling and Permitting

Schiff Hardin regularly counsels electric utilities regarding various state and federal regulatory requirements applicable to the operation and closure of ash ponds and with respect to wastewater discharges from ash ponds. This work has included permitting for ash pond discharges, corrective action for groundwater impacts associated with ash ponds, and closure of ash ponds and landfills.

Beneficial Re-use

Schiff Hardin represents several electric utilities in the Midwest in connection with transactions for the use by third parties of coal ash. This work entails both contract drafting and analyses of various potential transactions under state beneficial use statutes, including fulfilling notice and other requirements of the statutes.