Environmental Groups Sue to Stop Discharge of Toxic Metals from Coal Ash

On July 23, Iowa environmental groups sued the Iowa Department of Natural Resources (DNR) for approving permits that allow hazardous disposal practices at the Ottumwa coal-ash landfill, which holds waste from the Ottumwa coal-burning power plant co-owned by Alliant Energy and MidAmerican Energy. Toxic discharge from the coal plant pollutes Iowa’s groundwater and waterways, posing a serious health risk to nearby communities, fish, and wildlife. The groups — Iowa Environmental Council (IEC), Environmental Law and Policy Center (ELPC), and Sierra Club — are asking the Court to order the DNR to require Alliant to stop the discharge of coal ash leachate. 

Coal ash is a byproduct of burning coal for energy. It contains toxic heavy metals, including arsenic, mercury, lead, and other toxins that can cause cancer, disease, and physical and neurological harm.

“Iowa has an enormous amount of coal ash across the state. In Ottumwa, Alliant has no plan to protect the public from dangerous heavy metals leaching into the groundwater from its coal ash landfill,” said Michael Schmidt, General Counsel at IEC. “Iowans are facing a cancer crisis and should not have to endure this ongoing risk.”

The challenge filed today is based on federal discharge limits adopted in 2024 for coal-ash landfills. The limits on coal ash apply to leachate, which is precipitation that flows through coal ash and picks up heavy metals. The limits require facilities to stop discharging leachate “as soon as possible,” but the permits issued by the DNR include no timeline for doing so.

“Iowa DNR must comply with the Clean Water Act and make Alliant stop this toxic pollution as soon as possible,” said Josh Mandelbaum, Senior Attorney at ELPC. “Alliant is shifting the costs of running its dirty, expensive coal plant onto Ottumwa drinking water customers, and that is wrong.”

The lawsuit also challenges the coal plant’s discharge of groundwater polluted with heavy metals. Under the Clean Water Act, a discharger must analyze treatment options to minimize degradation and must justify the degradation of water quality. The lawsuit alleges that the previous analysis failed to consider feasible treatment options and did not justify any degradation. While Alliant identified multiple treatment options, it only pursued treatment focused on removing iron, not other contaminants. Alliant is currently trucking the waste to the city wastewater treatment plant and has no public plans to build an adequate treatment system. 

“Coal-burning power plants and their waste pollute our air, rivers, and groundwater, and Iowans depend on the Iowa DNR to hold these polluters accountable,” said Kristin Henry, Managing Attorney at Sierra Club. “Until utility companies fully transition to cleaner, cheaper renewable energy sources, we will keep fighting to protect people from the harms of coal plants in Iowa.”

The environmental groups have raised concerns about the need to incorporate federal limits in the permits since 2024. In both 2024 and 2025, the groups hosted in-person meetings in Ottumwa for local residents to share their concerns with the DNR.