Government officials can order Alabama Power to break the law. That is the “surprising” theory one federal judge said the utility company’s attorneys are relying on in their bid to keep a challenge to its coal ash plan out of court.

The 11th Circuit Court of Appeals heard oral arguments last month in Atlanta over the dismissal of Mobile Baykeeper’s 2022 federal lawsuit targeting Alabama Power’s plan to cap 21 million tons of toxic coal ash in an unlined pond next to the Mobile-Tensaw River Delta.

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