Judge Allows Suit Against Talen Energy over River Pollution
A federal judge ruled that the Center for Biological Diversity has standing to sue Talen Energy over coal ash leaks near the Susquehanna River.
Key points
- A federal judge allowed the Center for Biological Diversity to sue Talen Energy over coal ash pollution.
- Talen Energy’s 2024 report found high levels of arsenic, lithium, and aluminum in groundwater from Basin 5.
- The unlined coal ash basin is located 500 feet from the Susquehanna River, posing risks to local ecosystems.
Harrisburg, Pa. — A federal judge on Wednesday permitted the Center for Biological Diversity to continue its lawsuit against Talen Energy. The suit alleges that the company’s Brunner Island plant is leaking toxic coal ash into the Susquehanna River.
The legal dispute began in April 2025. The Center claims the plant failed to dispose of waste properly. It argues that toxins have migrated 500 feet from the dumping site toward the river.
Court upholds legal standing for plaintiffs
U.S. District Judge Keli M. Neary rejected the defense arguments. Talen Energy and its subsidiary Brunner Island LLC had claimed the Center lacked standing. The judge found that the Center properly established an injury in fact.
The ruling notes that the injury is attributed to the station. It also shows a likelihood that the injury can be redressed. This decision allows the case to move forward in federal court.
Toxic metals found in nearby groundwater
Talen Energy’s 2024 report identified high levels of toxic metals. These included arsenic, lithium, and aluminum in groundwater. The source of this contamination is identified as Basin 5.
Basin 5 is one of seven unlined basins at the plant. The facility is 65 years old. It currently disposes of new ash in a lined landfill, but the old unlined basins remain a concern.
A 2016 study found that at least 15 feet of Basin 5 is saturated with groundwater. Documents indicate this saturation has continued since then. The Center argues this violates EPA rules for coal ash impoundments.
Proximity to river creates ecological risk
The contaminated basin sits approximately 500 feet from the Susquehanna River. This waterway provides about 19 million gallons of freshwater to the Chesapeake Bay every minute. This flow supports a major fishing hub.
The river also provides habitat for federally threatened species. Exposure to the alleged toxins can cause nervous system damage. It may also lead to cardiovascular disease and several types of cancer.
