Yadkin Riverkeeper Will Scott hopes a judge’s decision last week means his organization’s federal lawsuit against Duke Energy can finally proceed.

For the second time, a federal judge last week denied an attempt by Duke Energy to delay a lawsuit brought by Yadkin Riverkeeper. N.C. Middle District Court Judge Loretta Biggs in October denied motions by Duke to dismiss or delay the Yadkin Riverkeeper’s lawsuit. Last week, Biggs denied another request by Duke to delay the case.

“They were just trying to delay discovery, when we will be able to go and depose Duke Energy employees,” Scott said Tuesday about the decision.

The Yadkin Riverkeeper’s case questions whether Duke Energy has violated the federal Clean Water Act at Buck Steam Station. In its most recent request, Duke asked to delay the case while it appeals certain parts of prior judgements by Biggs — an interlocutory appeal — and to allow the Utility Water Act Group to make arguments for Duke Energy.

More specifically, Duke asked to appeal whether the Clean Water Act regulates liquid passing into groundwater that’s hydrologically connected to surface water. The company also asked to appeal whether releases from ash basins violate a portion of Duke Energy’s discharge permits at Buck Steam Station.

In her decision, Biggs said Duke’s request to appeal certain parts of the case would interrupt progress and prolong the case.

“Special care must be taken to avoid the risk that appeal may actually impede, rather than expedite, conclusion of the entire case, particularly when potential health risks have been alleged in this case,” Biggs wrote in her decision.

In a prepared statement about Biggs’ decision, Southern Environmental Law Center attorney Frank Holleman, representing the Yadkin Riverkeeper in court, characterizes Duke’s request as an attempt to “avoid facing the facts of its illegal and dangerous coal ash pollution” near Salisbury.

“With this ruling, Duke Energy will have to deal with its unlawful pollution and testify under oath,” Holleman said. “We hope that Duke Energy will stop delaying and litigating and instead clean up its coal ash to protect the citizens of Salisbury, their drinking water supplies and the Yadkin River.”

Biggs’ decision comes as state officials are in the midst of finalizing priority rankings for coal ash ponds across the state. Buck Steam Station, surrounded by the Dukeville community, is plagued by well water that’s been declared unsafe by the Department of Environmental Quality. Buck received a low-to-intermediate ranking by state officials. On March 22, residents can weigh in on the rating during a meeting at Catawba College’s Center for the Environment.

Scott said Biggs put it best when pointed out that the Department of Environmental Quality does not appear to be taking the steps of an entity that’s actively investigating Duke Energy.

“What we’ve seen is that (the Department of Environmental Quality) is siding with Duke at the state level,” Scott said.

Contact reporter Josh Bergeron at 704-797-4246.