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Catawba Riverkeeper Moves to Intervene in Case Involving Duke's Marshall and Allen Plants
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Catawba Riverkeeper Moves to Intervene in Case Involving Duke's Marshall and Allen Plants

The Southern Environmental Law Center, on behalf of the Catawba Riverkeeper, moved to intervene in the state enforcement action pending in Mecklenburg County Superior Court against Duke Energy’s illegal coal ash pollution at six different locations across North Carolina. The motion highlights the pollution of the Catawba River and drinking water reservoirs by Duke Energy’s coal ash stored on the banks of Lake Norman and Lake Wylie at Duke Energy’s Allen and Marshall Plants.

Catawba Riverkeeper Moves to Intervene in Case Involving Duke's Marshall and Allen Plants

Marshall Steam Station on Lake Norman

For Immediate Release: August 29, 2013

Contacts:

Sam Perkins, Catawba Riverkeeper Foundation, 704-651-5974 or sam@catawbariverkeeper.org

Rick Gaskins, Catawba Riverkeeper Foundation, 704-679-9494 or rick@catawbariverkeeper.org

Kathleen Sullivan, 919 967 1450 or ksullivan@selcnc.org

Frank Holleman, SELC, 864- 979-9431 or fholleman@selcnc.org

CONSERVATION GROUPS MOVE TO INTERVENE TO PROTECT LAKES NORMAN AND WYLIE FROM COAL ASH POLLUTION

CHAPEL HILL, N.C.— The Southern Environmental Law Center today moved to intervene in the state enforcement action pending in Mecklenburg County Superior Court against Duke Energy’s illegal coal ash pollution at six different locations across North Carolina. Filed on behalf of the Catawba Riverkeeper Foundation, the motion highlights the pollution of the Catawba River and drinking water reservoirs by Duke Energy’s coal ash stored on the banks of Lake Norman and Lake Wylie at Duke Energy’s Allen and Marshall Plants.

“The Catawba River and the region’s drinking water will be protected only if an independent citizen’s group is at the table to make sure that the state and Duke Energy take real action to clean up Duke Energy’s illegal coal ash pollution,” said Frank Holleman, senior attorney at the Southern Environmental Law Center.

Lake Wylie provides drinking water for the cities of Rock Hill, South Carolina, and Belmont, North Carolina. Lake Norman provides drinking water for Huntersville, eastern Lincoln County, Mooresville, Davidson, Cornelius, and the northern portion of Charlotte.

The Southern Environmental Law Center and the Catawba Riverkeeper caused the North Carolina Department of the Environment and Natural Resources to bring an earlier enforcement action against Duke Energy for its illegal pollution of Mountain Island Lake, also a drinking water reservoir near Charlotte. However, DENR and Duke entered into a proposed settlement that does not require Duke Energy to clean up its coal ash pollution, and almost 5000 citizens and organizations submitted comments opposed to the settlement.

“We want to make sure that DENR does not make the same mistake twice and propose a settlement opposed by the entire community that would let Duke Energy off the hook without cleaning up the messes it has made on banks of the region’s drinking water reservoirs,” said Sam Perkins, the Catawba Riverkeeper.

The coal ash lagoons at Allen have sprung leaks and are spilling contaminated water into Lake Norman. Coal ash storage at both the Allen and the Marshall plants has contaminated groundwater right next to the drinking water supplies with pollutants including Boron, Nickel, Manganese, Sulfate, Total Dissolved Solids, and Iron. Seeps at the Allen plant have been found to contain Barium, Boron, Zinc, and Manganese.

DENR filed the pending state enforcement action on August 16, 2013, without the participation of the conservation groups that had given DENR and Duke notice of the illegal pollution. Today’s intervention motion seeks to bring the Catawba Riverkeeper Foundation into the case as a party, like DENR and Duke Energy.

The North Carolina court previously ordered that the Catawba Riverkeeper Foundation will intervene as a matter of right in the pending suit dealing with Mountain Island Lake. Today’s intervention motion asks for the same action for Lake Norman and Lake Wylie.

 

To review the papers filed in connection with the motion to intervene, click on the following links:

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About the Southern Environmental Law Center

The Southern Environmental Law Center is a regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC's team of more than 60 legal and policy experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use.

WEB: www.SouthernEnvironment.org

TWITTER: http://www.twitter.com/selc_org

About the Catawba Riverkeeper Foundation

The Catawba Riverkeeper Foundation is a nonprofit organization with members in South and North Carolina that works to protect and restore the Catawba/Wateree River and its watershed.

WEB: www.catawbariverkeeper.org

TWITTER: http://www.twitter.com/CRFRiverkeeper

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May 18, 2016 DEQ RELEASES COAL ASH CLASSIFICATIONS, INITIALLY CALLS FOR CLEANUPS STATEWIDE
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Apr 18, 2016 Catawba Riverkeeper Submits Coal Ash Risk Classification Comments for Allen (Lake Wylie) and Marshall (Lake Norman)
DEQ risk classifications will determine whether or not sites have to be cleaned up
Mar 29, 2016 Catawba Riverkeeper Files Motion to Protect Mountain Island Lake from Duke Energy’s Coal Ash Pollution
Duke appeals Riverbend permit, Catawba Riverkeeper (represented by Southern Environmental Law Center) files to intervene, especially given that CRF is still a plaintiff in two active lawsuits regarding Riverbend
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