Judge backs DEQ's stance that Duke Energy dig up all coal ash pits

A state administrative law judge dismissed claims by Duke that the Department of Environmental Quality can't order the work that could cut the risk of toxic chemicals leaking into water supplies.

Duke wants to instead cover the storage pits at six power plants with a waterproof cap that stops rain from filtering chemicals through the unlined bottoms.

State orders Duke Energy to dig up all remaining coal ash ponds in NC

"I am very pleased with the judge’s ruling. It confirms that DEQ has the authority to select the method of closure for coal ash impoundments," DEQ Secretary Michael Regan said in a statement. "DEQ stands by its determination that the best way to protect public health, communities and the environment is to excavate coal ash impoundments across the state. We will continue to defend that decision as this appeal moves forward."

Duke's administrative appeal represents the first round of a legal fight that could continue for years.

"The state's decision on basin closure mandates the most extreme option for the lowest-risk basins, ignoring information that clearly shows capping the ash in place would continue to fully protect people and the environment," Duke said in a statement. "By contrast, excavation would drastically increase the cost to customers and create decades of disruption for communities – with no measurable benefit – compared to safely capping the ash in place."

Duke Energy settles with dozens of homeowners over Dan River coal ash spill

A rupture in a drainage pipe at a Duke plant near Eden dumped thousands of tons of coal ash into the Dan River in 2014, prompting lawmakers to order the Charlotte-based utility to close and clean up the unlined pits.