Also claiming unlined pits were once considered a "feature" and not recklessly negligent:
Duke Energy blasted its opponents in a final regulatory filing Friday, saying they leaned on "simplistic crutches," false analysis and a Pollyanna hindsight to argue against the company's bid to raise electricity rates enough to cover clean up costs at the company's coal ash ponds.
The company complied with existing laws and industry standards when it left wet ash in unlined pits for decades, they said. At one point "the lack of a liner was considered a feature, rather than a flaw" because soil would filter out contaminants, the company said. Impact on groundwater wasn't initially a concern "because the ash basins were built more than a decade before the adoption of any federal or state regulation related to groundwater corrective action," attorneys argued.
Here's a quick primer for those who may not be aware how environmental statutes and regulations come into being: There is (or has been) usually a period of 10-20 years where contamination is discovered, investigated, then viciously fought-over in civil court, before the demands for government regulation grow to the point some rule or law is put into place to stop it. And during that pre-regulation phase, you can be damned sure attorneys for companies like Duke Energy were well aware of what was going on, and what needed to be done to improve those impoundments. Luckily for us, Josh Stein isn't drinking their arsenic-tainted Kool-Aid, and his legal opposition is definitely not pro-forma: