We are holding corporations accountable for threatening drinking water supplies in Pennsylvania
The Susquehanna River is the longest river on the East Coast of the United States. Millions of Americans rely on it as a source for drinking water. Residents in York County, Penn., however, are justifiably concerned about the threat that toxic coal ash pollutants pose to the Susquehanna.
Corporate polluters jeopardize a vital water source
Brunner Island Steam Electric Station, located in York County, is owned and operated by Talen Energy Corporation, a for-profit power and energy infrastructure company. A 1,490-megawatt power plant, Brunner Island generates electricity by burning coal and natural gas. One of the wastes generated by this plant is coal ash, a toxic substance that can harm humans and wildlife alike.
At Brunner Island, coal ash was dumped in pits along the Susquehanna River, including in a nearly 100-acre impoundment called, “Ash Basin 5.” Because coal ash threatens the environment, the Environmental Protection Agency (EPA) issued a rule in 2015 requiring coal ash pits — like Ash Basin 5 — to be monitored, and if necessary, remediated if it was found to be polluting its surroundings.
Brunner Island was required to comply with the 2015 coal ash rule years ago, but it has not done so. As a result, none of the required monitoring or potential remediation under the 2015 rule has occurred at the site.
Corporate powers know that Ash Basin 5 and its coal ash pollution threatens the Susquehanna River
Records from Brunner Island show that Ash Basin 5 — which is 500 feet from the Susquehanna River — is saturated with groundwater and not in compliance with the 2015 coal ash rule. This explains why coal ash pollutants were found in groundwater monitoring wells around Ash Basin 5, threatening a vital source of drinking water and the millions of people it serves with toxic coal ash pollution.
The bottom line: to hold these polluters accountable
Public Justice and Steve Harvey of Steve Harvey Law represent the Center for Biological Diversity in an effort to hold these corporations accountable under federal law. This case seeks to enforce the 2015 coal ash rule enacted by the EPA at Brunner Island’s Ash Basin 5 site — which has avoided compliance with the rule and the Resource Conservation and Recovery Act for years — and protect the Susquehanna River from dangerous coal ash pollution.
What’s next?
Public Justice defeated Talen Energy and Brunner Island’s motion to dismiss in September 2026. The case now proceeds to discovery, and we will work diligently to hold Defendants accountable.