The Landscape of Administrative Law is Changing, but the Harmful Environmental Effects of Coal Combustion Residuals are Not

Note By: Zachary Mathis

In this Note, Zachary Mathis examines the legal and constitutional conflicts surrounding the Environmental Protection Agency's legacy coal combustion residuals rule. Mathis details how toxic heavy metals in unlined coal ash impoundments leach into groundwater and disproportionately harm low-income communities and communities of color. He evaluates potential legal challenges under the arbitrary and capricious standard and the non-delegation doctrine, demonstrating that the EPA took a hard look at leachate hazards and exercised necessary statutory authority. He analyzes the post-Chevron landscape under Loper Bright v. Raimondo, arguing that the Resource Conservation and Recovery Act's text and purpose support the regulation of legacy impoundments. Ultimately, he defends the EPA's authority and urges industry compliance to help solve the severe environmental and public health hazards facing vulnerable communities.