"An electric utility didn't violate the Clean Water Act when arsenic linked to its Virginia power plant wound up in waterways, a federal court ruled today.
The 4th U.S. Circuit Court of Appeals reversed a lower court's finding that Dominion Virginia Power was on the hook for leaks from coal ash dumps at Chesapeake Energy Center, which closed in 2014.
A three-judge panel found that Dominion's coal ash landfill and settling ponds didn't qualify as a "point source" under the Clean Water Act because the arsenic flowed from sites through groundwater before reaching the Elizabeth River and Deep Creek."
Source: Greenwire, 09/13/2018
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