Court Allows Coal Ash Pollution Lawsuit to Proceed in Susquehanna River Case
Judge Neary lets suit alleging coal ash pollution in Susquehanna River proceed.
Why it matters: Environmental and energy legal counsel must closely watch this case, given its implications for regulatory enforcement and corporate responsibility concerning toxic waste.
- On Sept. 23, 2026, Judge Keli M. Neary denied a motion to dismiss the environmental suit against Talen Energy and Brunner Island LLC.
- The suit alleges coal ash from the Brunner Island power plant is leaching toxic chemicals into the Susquehanna River.
- Talen Energy's 2024 report revealed elevated arsenic, lithium, and aluminum levels in groundwater near Basin 5, just 500 feet from the river.
- The Brunner Island plant operates seven unlined coal ash basins, some decades old, near a river supplying 19 million gallons of freshwater per minute to Chesapeake Bay.
U.S. District Judge Keli M. Neary officially advanced the environmental lawsuit against Talen Energy and its subsidiary, Brunner Island LLC, on September 23, 2026. This decision allows the Center for Biological Diversity's lawsuit to move forward, addressing alleged ongoing contamination.
The lawsuit focuses on the Brunner Island Steam Electric Station in York County, Pennsylvania, where coal ash disposal practices allegedly cause toxic chemicals to leach into the Susquehanna River. According to a 2024 Talen Energy report, groundwater downstream from Basin 5 contains elevated levels of arsenic, lithium, and aluminum. Basin 5 lies approximately 500 feet from the river, which delivers about 19 million gallons of fresh water each minute to the Chesapeake Bay.
The plant's seven unlined coal ash basins, some existing for decades, are central to these concerns. Environmental groups emphasize the risk this poses to the river ecosystem and surrounding communities. "This is a positive step for the Susquehanna River and everyone in Pennsylvania," said Ragan Whitlock, an attorney at the Center for Biological Diversity.
Judge Neary noted that under current EPA regulations, Brunner Island should be conducting remedial measures it allegedly has not. These allegations give the plaintiffs sufficient standing to pursue the case in court.
Previously, in 2018, Brunner Island reached a settlement with the Sierra Club agreeing to cease coal burning between May and September and end all coal use by 2028. Nevertheless, the current suit highlights ongoing environmental and regulatory challenges that legal practitioners must monitor closely.
By the numbers:
- September 23, 2026 — Date Judge Neary denied dismissal, allowing the suit to proceed
- 500 feet — Distance from Basin 5 coal ash pond to Susquehanna River
- 19 million gallons per minute — Freshwater the Susquehanna River supplies to Chesapeake Bay