Ky. Waterways Alliance v. Kentucky Util. Co.
Court of Appeals for the Sixth Circuit
SUHRHEINRICH, J., delivered the opinion of the court in which GIBBONS, J., joined, and CLAY, J., joined in part. CLAY, J. (pp. 940-47), delivered a separate opinion concurring in part and dissenting in part.
1Opinion of the Court
SUHRHEINRICH, Circuit Judge.
Pollutants can find their way into bodies of water in a variety of ways. Sometimes they travel by air and settle into lakes, rivers, oceans, and the like. Sometimes pipes dump pollutants directly into those waters. In this case, we consider pollution that reaches surface waters by way of subsurface water, or groundwater.
Appellee-Defendant Kentucky Utilities Company ("KU") burns coal to produce energy. It then stores the leftover coal ash in two man-made ponds. The plaintiffs here, two environmental conservation groups, contend that the chemicals in the coal ash are…
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