US coal ash ponds, groundwater contamination and EPA delay
- Company or project American Coal Ash Association: Its survey reported a beneficial use rate of 72% in 2024. Concrete Products
- Government and regulators US Environmental Protection Agency: Its page states that a 12,400-ton threshold applies only to non-encapsulated fill that is not on a road, and that the definition was being reconsidered. US Environmental Protection Agency
- Communities and civil society Earthjustice and Environmental Integrity Project: 265 of 292 plants with coal ash ponds were contaminating groundwater. Earthjustice
A 2022 report found that 91% of US power plants with coal ash ponds were contaminating groundwater. In February 2026 the deadline for groundwater monitoring at such sites was reported extended to 2031.
Only 4% (11 plants) chose a cleanup plan that includes treatment (Earthjustice and Environmental Integrity Project report, November 2022).
Status As of February 2026: groundwater monitoring period extended to 2031; Duke Energy insurer case settled in 2021; no ruling on Puerto Rico ash found.
- Duke Energy — Earns a return on the cleanup cost passed to customers Utility Dive
- Duke Energy customers — Bore most of the $8–9 billion cleanup cost Utility Dive
- Groundwater at 265 of 292 plants; groundwater near Guayama, Puerto Rico — Contamination; arsenic more than twice the standard near Guayama Canary Media
What happened
A November 2022 report by the Environmental Integrity Project and Earthjustice found that 265 of 292 US power plants with coal ash ponds, 91%, were contaminating groundwater. Only 11 plants, 4%, had chosen a cleanup plan that included treatment.
In February 2026 Earthjustice reported that the Environmental Protection Agency had extended the groundwater monitoring period by 33 months, to 2031, ahead of a larger rollback of the coal ash rules.
The coal ash industry association reported that 72% of the 63.6 million short tons of coal ash produced in 2024 was put to beneficial use. An EPA page says its 12,400-ton threshold applies only to non-encapsulated fill that is not on a road, and that the definition was being reconsidered.
In Puerto Rico, Canary Media reported that ash from the AES plant was sold as fill around Guayama after the Dominican Republic refused it, that no record was kept of where it went, and that ash distributed in this way was exempt from the rule. The company's own groundwater measurements showed arsenic at more than twice the standard.
In North Carolina, Duke Energy's coal ash cleanup was put at $8–9 billion. Utility Dive reported that most of the cost fell to customers and that Duke continued to earn a return on it. A January 2021 settlement with the state attorney general included an additional $100 million penalty. Separately, Duke sued about 30 insurers in 2017 over its coal ash liability and received about $418 million in settlements by August 2021.
- 201729 March: Duke Energy sues about 30 insurers in North Carolina Business Court over coal ash liability
- 2021January: settlement between the North Carolina attorney general and Duke Energy; August: last of 14 insurer settlements
- 2022November: report finds 91% of plants with ash ponds contaminate groundwater
- 202463.6 million short tons of coal ash produced; industry survey reports 72% beneficially used (published 2025)
- 2026February: groundwater monitoring period extended by 33 months, to 2031
What was said
Where accounts differ
Each party's account, side by side, with its source. The record does not settle these points; it shows them.
Its survey reported a beneficial use rate of 72% in 2024.
Concrete ProductsIts page states that a 12,400-ton threshold applies only to non-encapsulated fill that is not on a road, and that the definition was being reconsidered.
US Environmental Protection Agency265 of 292 plants with coal ash ponds were contaminating groundwater.
EarthjusticeSued about 30 insurers in March 2017 under 57 general liability policies from the early 1970s to the mid-1980s, with a liability estimate of $5.1 billion.
North Carolina Department of JusticeSaid the damage "was caused intentionally, by or at Duke's direction", that "Duke continued to dispose of (coal ash) in unlined ash ponds long after it knew it had environmental problems", that there was no distinct pollution event ("occurrence"), and that Duke had made claims for the same ponds in the 1990s.
North Carolina Department of JusticeFound at summary judgment that the insurers had not proved intentional damage at the Mayo plant, and ruled that "all sums" allocation applies to TIG and Ranger.
North Carolina Department of JusticeHow it looked
Shown
- 72% of coal ash in the United States put to "beneficial use" in 2024American Coal Ash Association survey, as reported by Concrete Products · Concrete Products
Recorded
- 265 of 292 power plants with coal ash ponds contaminating groundwater (91%); 11 plants (4%) chose a cleanup plan with treatment (2022)
- Groundwater monitoring period extended by 33 months, to 2031 (February 2026)
- Ash sold as fill in Puerto Rico; no record kept; company measurements showed arsenic in groundwater at more than twice the standard
- Duke Energy cleanup plan of $8–9 billion; most of the cost passed to customers; Duke earns a return
Who gained
Reached nature or the ground
Gained elsewhere
Responses on record
- american-coal-ash-association (2025): Reported through its survey that 72% of coal ash produced in 2024 was beneficially used. · Concrete Products
In court and with insurers
Lawsuits and rulings
- 2017-03-29–2021-08Settled$418m USD million received in settlementsDuke Energy v. about 30 insurers (coal ash liability cover)North Carolina Business Court · Civil · Duke Energy → About 30 insurers
Duke sued over 57 general liability policies from the early 1970s to the mid-1980s. Liability was estimated at $5.1 billion, with more than $725 million spent by November 2016. There were 14 settlements with 23 insurers, the last in August 2021. Two foreign insurers defaulted. North Carolina Department of Justice
- 2021-01Settled$100m USD million additional penaltyNorth Carolina Attorney General settlement with Duke Energy on coal ash cleanupState of North Carolina · Regulatory · North Carolina Attorney General → Duke Energy
Utility Dive reported a cleanup plan of $8–9 billion, with write-offs of $485 million and $270 million and a further $100 million penalty. The consumer group NCLCV reported a saving of $1.1 billion for customers. Utility Dive
Insurers
- 2021Partly paid$418m USD million received in settlementsAbout 30 insurers → Duke EnergyStated reason: Insurers argued the damage was intentional, that there was no distinct occurrence, and that Duke had made claims on the same ponds in the 1990s.
14 settlements with 23 insurers, the last in August 2021. Two foreign insurers defaulted. North Carolina Department of Justice
What nature saw
Nature's report opens this page. Below: further outcomes measured on the ground.
What we don't know
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
- Disputed Is most US coal ash put to beneficial use?
Accounts
- Disputed Did Duke Energy's insurers owe cover for coal ash liability?
Record
- None on record Where the ash sold as fill around Guayama, Puerto Rico, went: no record was kept (Canary Media).
- None on record The EPA's definition of beneficial use was being reconsidered, according to the agency's own page.
Did the harm stop?
The sources reviewed do not say that groundwater contamination at the plants has stopped. In February 2026 the monitoring period was reported extended to 2031.
Who paid?
Utility Dive reported that most of Duke Energy's $8–9 billion cleanup cost fell to customers. A consumer group said the settlement saved customers $1.1 billion.
Sources
Government and regulators
- Frequent Questions about the Beneficial Use of Coal AshUS Environmental Protection Agency · 2015/2025
- Attorney General Josh Stein announces $215 million in savings for Duke Energy customersNorth Carolina Department of Justice ·
Press and investigations
- ACAA survey on coal ash production and use (via Concrete Products)Concrete Products · 2025
- Duke to profit from coal ash cleanup after settling with North Carolina AGUtility Dive · 2021-01
- Duke coal ash clean-up settlement shifts $1.1B in costs away from North Carolina customersUtility Dive · 2021-01-26
- Insurers were off the hook? Duke Energy knew coal ash riskIndianapolis Business Journal ·
- Duke Energy coal ash settlement (WBTV)WBTV · 2021-01-25
Communities and civil society
- Trump EPA Delays Cleanup of Hundreds of Coal Ash Dumps in Advance of Larger RollbackEarthjustice · 2026-02
- Duke Energy coal ash: total $8–9 billion; $1.1 billion saving for consumersNCLCV / WCCB · 2021-02
Connected cases
- Duke Energy coal ash cleanup cost recovery (North Carolina) United States · 2017–2021 Related matter
- Duke Energy (Company) — here: Utility; coal ash owner, claimant against insurers; there: Utility cleaning up coal ash; seeks cost recovery
- Duke Energy coal ash insurance dispute United States · 2017–2021 Related matter
- Duke Energy (Company) — here: Utility; coal ash owner, claimant against insurers; there: Policyholder and plaintiff; coal ash owner
- TVA Kingston coal ash spill insurance United States · 2008–2014 Related matter
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- US Environmental Protection Agency (Public authority) — here: Regulator; there: regulator that found a violation
- AES coal ash sold as road fill in Guayama, Puerto Rico; arsenic above standard United States · 2021
- US Environmental Protection Agency (Public authority) — here: Regulator; there: Federal regulator promising action
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