Gadsden, AL — On July 12, 2025, the Southern Environmental Law Center (SELC), on behalf of Coosa Riverkeeper, filed a federal lawsuit against Alabama Power Company. The lawsuit addresses ongoing groundwater pollution from a coal ash storage site at the former Gadsden Steam Plant, alleging violations of national environmental regulations.
At issue is Alabama Power’s closure method for its coal ash lagoon, which involves capping the ash in place in an unlined pit near Neely Henry Lake and the Coosa River. According to SELC and Coosa Riverkeeper, this approach fails to comply with the Resource Conservation and Recovery Act (RCRA) and the Environmental Protection Agency’s Coal Combustion Residuals (CCR) Rule, which govern coal ash disposal.
Coal ash, a byproduct of coal-fired electricity generation, contains heavy metals such as arsenic, lead, mercury, and cadmium, all of which are linked to serious health risks. Alabama Power reported in October 2024 that arsenic levels at the site were forty times higher than the legal groundwater standard. Roughly 1.5 million tons of coal ash remain stored at the Gadsden site, with approximately 40% still in contact with groundwater.
The lawsuit contends that Alabama Power’s chosen closure method, which leaves the ash in an unlined and leaking pit, allows continued contamination of nearby groundwater and places surrounding communities at risk. Environmental advocates argue that the company’s groundwater monitoring is also inadequate, potentially underreporting the extent of the contamination.
“This type of waste must be stored safely and away from water sources,” said Barry Brock, director of SELC’s Alabama office. “Other utilities across the South are moving their coal ash to lined landfills or recycling it. Alabama Power should follow suit.”
Neely Henry Lake serves as an economic driver and recreation area for the region, with a reported economic impact of up to $570 million in 2017. The lake is also located less than a mile downstream from the Gadsden Water Works and Sewer Board’s intake station, which supplies drinking water to over 14,000 residents.
Coosa Riverkeeper Executive Director Justinn Overton called for action, stating, “Drinking water supply, booming ecotourism, and hard-working Alabamians are all threatened. It’s time for Alabama Power to do the right thing.”
Similar coal ash excavations are already underway or completed across states like North Carolina, South Carolina, Tennessee, and Virginia. The lawsuit seeks to compel Alabama Power to adopt similar measures by removing coal ash from the floodplain and storing it in dry, lined landfills.
Interactive data regarding groundwater contamination trends, well locations, and proximity to the Gadsden water intake can be found at: Coal Ash Map Viewer.
The case highlights growing scrutiny of legacy coal ash storage sites and their potential risks to both environmental and public health across the Southeast.
