Duke Energy has asked a federal judge to throw out a lawsuit related to its coal ash pond in Salisbury. The utility is arguing that the issues will be resolved in a related lawsuit in state court.
Attorneys for Duke Energy asked the judge to dismiss or delay the lawsuit. The suit is aimed at forcing the company to stop its coal ash pond at the retired Buck Steam Station from polluting the Yadkin River and High Rock Lake. There are also concerns about contaminants in local well water.
The utility has said it is not clear whether the coal ash pond is the direct cause of contamination, noting that pollutants can occur naturally in the environment
According to the Winston-Salem Journal, the company says the underlying issues will likely be addressed in state court, or by the North Carolina Department of Environmental Resources.
The Yadkin Riverkeeper is arguing the lawsuit should be able to run its course because neither Duke Energy nor the state can be trusted to properly stop coal ash pollution without intervention. The Riverkeeper points to the 2014 Dan River coal ash spill as an example.
Lawyers for the Riverkeeper say that while Duke Energy stalls in court, the Buck coal ash pond continues to contaminate its surroundings.
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