In a multibillion-dollar showdown regarding massive coal ash ponds north of Mobile, a lawyer for Alabama Power agreed that the utility’s plan to store coal ash next to the Mobile River is against the current law, but filing a new plan won’t fix anything. That surprised one of three judges reviewing the case.

Mobile Baykeeper, a local environmental advocacy group, sued Alabama Power in 2022 . It argues the power company’s plan to leave 22 million cubic yards of coal ash in an unlined pond and cover it with a turf cap violates federal standards.

The environmental group has consistently maintained the coal ash threatens the health of the local waterways and the only solution is to remove all of the coal ash from the pond , a plan that state officials estimate would cost billions .

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