HARRISBURG, Pa.— The Center for Biological Diversity sued Talen Energy Corporation and Brunner Island, LLC today for failing to control toxic coal ash pollution risks from a storage impoundment at their mixed coal- and natural gas-fired power plant on the banks of the Susquehanna River in York Haven, Pennsylvania.

Today’s lawsuit charges that Brunner Island Steam Electric Station failed to comply with an Environmental Protection Agency regulation at its coal ash Basin 5 that requires groundwater monitoring and other protective measures to prevent pollution discharges and catastrophic failures of coal ash ponds.

“The coal industry should not be allowed to ignore these commonsense steps to protect our waters, wildlife and people from toxic waste,” said Ragan Whitlock, an attorney at the Center. “In the absence of meaningful state and federal enforcement, the Center is now picking up the ball to safeguard our environment.”

Brunner Island is a 1,490-megawatt power plant that generates and stores large amounts of coal-combustion residual wastes, including fly ash and bottom ash, in in-ground impoundments. These coal ash wastes — which are a toxic mixture left over after coal is burned — contain a host of heavy metals and contaminants, including cadmium, chromium, lead, radium and arsenic, that can pollute waterways and poison wildlife and people. Basin 5 holds 5.5 million cubic yards of these wastes, which is about 20% more than the interior volume of the Superdome in New Orleans.

According to the company’s public reports, in the first quarter of 2024 alone high levels of lithium, aluminum, arsenic, molybdenum and manganese were found in the groundwater in several monitoring wells downgradient from coal ash Basin 5.

Arsenic exposure can lead to nervous system damage, cardiovascular harm and a number of cancers in humans. It can also cause acute and chronic harm to the many aquatic species in the Susquehanna River basin.

“Brunner Island claims that Basin 5 is exempt from the EPA regulation because it doesn’t store coal-combustion residual wastes and liquids,” said Jim Hecker, senior attorney with Public Justice’s Environmental Enforcement Project. “But its own documents show that it does.”

Brunner Island’s documents indicate that coal ash Basin 5 is filled with toxic coal ash at depths of up to 40 feet, 15 feet of which are sitting below the groundwater line. The EPA has determined that groundwater is a liquid within the meaning of the regulation.

Today’s lawsuit charges that the Brunner Island facility has not conducted the inspection, groundwater monitoring or corrective action steps required by the EPA regulation for coal ash Basin 5. Specifically, it has not developed the required groundwater sampling and analysis program or evaluated groundwater monitoring data for statistically significant increases of pollutants over background levels.

As a result, it has also failed to disclose this information on a publicly available website, as is also required by the EPA regulation. These disclosures are required so that citizens can be aware of risks stemming from their use of the Susquehanna River for activities such as fishing or swimming.

Coal-fired, steam electric power plants are the largest industrial source of toxic water pollution in the United States.

The Center for Biological Diversity is represented by Public Justice’s Environmental Enforcement Project, Steve Harvey Law LLC, and in-house counsel.