A federal judge says a lawsuit accusing Duke Energy coal ash pits of polluting a lake near Wilmington can move forward.
The Southern Environmental Law Center filed a lawsuit last year on behalf of environmental groups, saying the toxic waste was polluting Sutton Lake and violating the federal Clean Water Act.
Duke Energy sought to dismiss the case, saying the groups didn’t have a role because a state environmental agency already took enforcement action.
Federal Judge Louise Flanagan said he state’s enforcement action dealt with groundwater violations, but Sutton Lake is a public waterway and subject to the provisions of the federal law.
The ruling allows environmental groups to request internal Duke Energy documents.
Duke spokeswoman Erin Culbertson said the company will vigorously defend the litigation.
Was this article valuable?
Here are more articles you may enjoy.
New York State Has Budget Deal That Includes Auto Insurance Reforms: Gov. Hochul 
Uber and FedEx Get Green Light for Racketeering Suit Against Lawyers, Doctors 
Most Are Overcharged for Property Insurance, Vanderbilt Study Says 
Florida Surplus Lines’ HO Premiums Now Average About the Same as Admitted Market 
