A federal judge on Friday overruled a recommendation that a lawsuit against Duke Energy over coal ash contamination on Charlotte’s water source be dismissed, the Charlotte Observer reported Saturday.
The Catawba Riverkeeper Foundation sued Duke last June over contamination from the now-retired Riverbend power plant on Mountain Island Lake.
Such “citizen suits” are allowed under the federal Clean Water Act unless state authorities are taking enforcement actions on the same grounds.
A federal magistrate judge recommended the Riverkeeper lawsuit be dismissed. The N.C. Department of Environment and Natural Resources has also sued Duke over ash pollution from Riverbend and 13 other power plants in North Carolina.
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