Kutak Rock attorney Jad Davis, a partner in the Irvine and Los Angeles offices, recently authored the article “EPA Gets Dirty Regulating Coal Ash and Then Defers a Critical Issue” in Westlaw Journal Environmental on February 18, 2015.

The article details the United States Environmental Protection Agency’s (EPA) recent final rule, which designates coal combustion residuals (CCRs) as non-hazardous waste under RCRA and outlines the impacts this final rule will have on the environment and industries.

In the article, Davis describes CCRs and how they are the byproducts of coal combustion at electric utility and other power plants. He goes on to explain the history of the largest industrial spill in the United States by the Tennessee Valley Authority’s Kingston Fossil Plant that prompted the EPA to asses CCRs, or coal ash, regulation. The article states the benefit to listing CCRs as non-hazardous waste is the potential growth of businesses that have begun to recycle CCRs; however, CCRs have the potential to contaminate the air, soil and groundwater. The article later describes technical requirements, implementation and enforcement of the EPA’s decision.

Davis focuses his practice on environmental law. He advises clients on a wide range of regulatory compliance and environmental enforcement matters and represents clients in state and federal courts as well as before various state, regional and local agencies in lawsuits alleging an array of soils, water and air contamination.

To see the article, click the link below.