11th Circuit Revives Alabama Coal Ash Pit Lawsuit
The 11th Circuit reinstated Mobile Baykeeper’s lawsuit challenging Alabama Power’s coal ash storage plan.
Why it matters: The ruling reopens a major environmental case over risks to groundwater and river delta ecosystems. It also highlights regulatory scrutiny on coal ash management amid tightening federal oversight.
- On May 18, 2026, the 11th Circuit revived Mobile Baykeeper’s suit vs. Alabama Power over unlined coal ash pits at Plant Barry.
- Over 21 million tons of coal ash remain on the Mobile River floodplain, threatening America’s Amazon.
- A University of Alabama study found Plant Barry's pollution rivals the 2008 Kingston spill.
- EPA denied Alabama’s coal ash disposal permit program in May 2024 for lacking federal-level protections.
The 11th Circuit Court of Appeals has revived a lawsuit that challenges Alabama Power’s plan to leave more than 21 million tons of coal ash in unlined pits at Plant Barry, located on the banks of the Mobile River in the United States (31.0104°N, 88.0104°W). The ash pit sits in the floodplain of the Mobile-Tensaw River Delta—an ecologically rich and sensitive region known as ‘America's Amazon.’
The suit, filed by Mobile Baykeeper, was previously dismissed in January 2024 by the U.S. District Court for the Southern District of Alabama on procedural grounds. The 11th Circuit’s May 18, 2026 decision recognized the group’s standing to pursue environmental claims, allowing the case to proceed.
Recent developments amplify the stakes. In May 2024, the EPA denied Alabama’s application to manage its own coal ash disposal program, concluding it was less protective than federal requirements. Meanwhile, a University of Alabama study found Plant Barry’s coal ash pollution is comparable to the 2008 Kingston spill, one of the nation’s worst coal ash disasters.
- “Today’s ruling gives the people of Coastal Alabama their day in court. This ruling and the community’s desire to see the coal ash removed are a turning point,” said Cade Kistler of Mobile Baykeeper.
- Barry Brock of the Southern Environmental Law Center added, “I am grateful the Court of Appeals saw past Alabama Power’s meritless arguments and delay tactics and is ordering this case to move forward.”
The case’s outcome could shape how utilities manage legacy coal ash and address environmental and regulatory concerns nationwide.
By the numbers:
- 21 million tons — Coal ash stored at Plant Barry pit
- 2024 — EPA denied Alabama’s coal ash permit program
- 2008 — Kingston coal ash spill, a benchmark for pollution impact