Mobile Baykeeper, Inc. v. Alabama Power Company
CourtCourt of Appeals for the Eleventh Circuit
Date FiledMay 18, 2026
Docket24-12682
StatusPublished
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Full Opinion
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FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-12682
____________________
MOBILE BAYKEEPER, INC.,
Plaintiff-Appellant,
versus
ALABAMA POWER COMPANY,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Southern District of Alabama
D.C. Docket No. 1:22-cv-00382-KD-B
____________________
Before ROSENBAUM, GRANT, and BRASHER, Circuit Judges.
GRANT, Circuit Judge:
In the early stages, a lot of environmental litigation looks
alike. One company or another is allegedly engaged in activity that
violates federal law and harms the environment. Local citizens
then assert that the unlawful activity burdens their use or
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2 Opinion of the Court 24-12682
enjoyment of natural resources, and sue the company to stop the
harm.
As with any other lawsuit, environmental plaintiffs must
satisfy the three traditional elements of standing: injury, causation,
and redressability. Usually, it is easy to see that they have pleaded
all three. Injury? The burden on their use or enjoyment. Check.
Causation? The company’s unlawful activity causes the burden.
Check. Redressability? Making the company comply with federal
law would eliminate the burden. Check.
The standing analysis in this case is no different. Mobile
Baykeeper’s members include local Alabamians who say their use
and enjoyment of the Mobile River and neighboring waterways
have been harmed by toxic leaching from a coal ash impoundment
at one of Alabama Power’s plants. The organization sued, alleging
that a closure plan Alabama Power is already implementing
violates EPA regulations, and that a lawful plan would ease or
eliminate the harms its members suffer.
Sounds like run-of-the-mill environmental litigation so far.
But after Alabama Power’s motion to dismiss, the district court
asked whether Mobile Baykeeper had standing to bring suit,
ordered supplemental briefing, and held a hearing. Ultimately the
district court dismissed the complaint, finding both that Mobile
Baykeeper lacked standing and that its claims were not ripe for
review. We disagree on both points.
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I.
We first describe the legal framework surrounding coal ash
removal, then turn to the factual and procedural background for
this appeal.
A.
Coal ash is dangerous and dirty—“one of the largest
industrial waste streams generated in the U.S.” Hazardous and
Solid Waste Management System; Disposal of Coal Combustion
Residuals from Electric Utilities (“Coal Ash Rule”), 80 Fed. Reg.
21302, 21303 (Apr. 17, 2015) (codified at 40 C.F.R. pts. 257, 261).
Formally known as “coal combustion residuals,” it consists of
byproducts from coal combustion at electric plants and includes
“fly ash, bottom ash, boiler slag, and flue gas desulfurization
materials.” Id.
Utilities store this hazardous waste in various ways,
including both landfills and “surface impoundments,” which are in-
ground storage facilities, usually covered. But over time it has
become clear that many of these facilities are leaking contaminants
into the groundwater. Id. at 21343. To address this problem, EPA
issued a rule in 2015 establishing “minimum national criteria” for
coal ash landfills, surface impoundments, and “all lateral
expansions” of coal ash units. Id. at 21304.
According to that Rule, all existing coal ash storage facilities
needed to close “in accordance with specified standards,” which
could happen two ways: (1) cap-in-place, leaving the coal ash
where it was and “installing a final cover system”; or (2) removal,
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removing the coal ash and decontaminating the old storage unit.
Id. at 21305; see 40 C.F.R. § 257.101. The Rule also provided specific
performance standards for these closure plans, which were due no
later than October 17, 2016. 40 C.F.R. § 257.102(b)(2)(i). For
example, cap-in-place plans must ensure that the closure will
control, minimize, or eliminate, “to the maximum extent feasible,”
infiltration of liquids into the coal ash and release of pollution into
the environment. Id. § 257.102(d)(1)(i). They must also preclude
“the probability of future impoundment of water, sediment, or
slurry,” with liquid wastes removed or solidified to eliminate free
liquids. Id. § 257.102(d)(1)(ii), (d)(2)(i). And the final cover system
must be “designed to minimize infiltration and erosion.” Id.
§ 257.102(d)(3). In other words, no liquids in—and no liquids out.
In 2016, the same year the Rule’s closure plans were due,
Congress passed a statute allowing states to establish their own
permitting programs for coal ash storage with EPA approval.
Water Infrastructure Improvements for the Nation Act, Pub. L.
No. 114-322, § 2301, 130 Stat. 1628, 1736 (2016) (codified at 42
U.S.C. § 6945(d)). These programs have to ensure that utilities
satisfy the Coal Ash Rule’s requirements. 42 U.S.C. § 6945(d)(1)(B).
Several states have since had plans approved: Georgia, North
Dakota, Oklahoma, Texas, and Wyoming. See 85 Fed. Reg. 1269
(Ga.); 90 Fed. Reg. 51168 (N.D.); 83 Fed. Reg. 30356 (Okla.); 86 Fed.
Reg. 33892 (Tex.); 91 Fed. Reg. 9459 (Wyo.). But not Alabama,
whose application was denied by EPA in 2024. See 89 Fed. Reg.
48774. It is not clear if or when the State will apply again, or
whether its program will be approved the next time around.
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B.
The James M. Barry Electric Generating Plant, operated by
Alabama Power, is one of the plants subject to the Coal Ash Rule. 1
Plant Barry stores over 21 million tons of coal ash in an unlined
impoundment that the complaint characterizes as built on top of a
tributary of the Mobile River and in the middle of wetlands
adjacent to the river. Alabama Power, for its part, describes the
impoundment as “on the banks of the Mobile River.”
In 2020, Alabama Power developed an amended cap-in-
place closure plan for the Plant Barry impoundment.
Implementation is well underway: by its own admission, the utility
company has already spent more than $250 million carrying out
the plan, and expects that the total cost will exceed $1 billion when
all is said and done.
Residents have long expressed concern about the
impoundment’s potential impact on natural resources. One local
organization, Mobile Baykeeper, is dedicated to protecting the
water resources of the Mobile Bay watershed. In September 2022,
the organization filed a citizen suit against Alabama Power,
challenging its closure plan for the Plant Barry impoundment. The
group contends that the Alabama Power plan violates EPA’s Coal
1 Because this case comes to us on a motion to dismiss, we accept the
complaint’s factual allegations as true and construe them in Mobile
Baykeeper’s favor. Otto Candies, LLC v. Citigroup Inc., 137 F.4th 1158, 1177
(11th Cir. 2025).
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Ash Rule because large quantities of coal ash will remain in contact
with groundwater even after the closure is complete.
Alabama Power moved to dismiss the complaint. The
utility did not dispute that coal ash remains in contact with water
under its closure plan, but argued that the plan was compliant with
the Coal Ash Rule anyway. It also contended that Mobile
Baykeeper was estopped from suing in federal court because its
claims had already been adjudicated and rejected by the state
agency that issued the permit for the plan. After Mobile Baykeeper
filed its response, Alabama Power’s reply brief argued—for the first
time—that the claims were not ripe. According to Alabama Power,
the crux of Mobile Baykeeper’s complaint was that the ultimate
closure of the Plant Barry impoundment would not meet the Coal
Ash Rule’s cap-in-place performance standards. And since the
closure would not be complete until 2031, Alabama Power said,
the plan’s compliance was not yet ripe for judicial review.
The motion to dismiss was referred to a magistrate judge,
who recommended denying it and concluding that Mobile
Baykeeper’s claims were ripe. But after considering the magistrate
judge’s Report and Recommendation, as well as Alabama Power’s
objections, the district court ordered supplemental briefing on a
different question—standing. The parties had not yet addressed
that issue, and after they did, the court held a hearing on both
standing and ripeness. A few weeks later, the court dismissed the
suit on both grounds.
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For standing, the court concluded that Mobile Baykeeper
had satisfied the first element (injury-in-fact), but not the other two
(causation and redressability). For causation, it explained that
because the toxic leaching from the Plant Barry impoundment has
been going on for decades, Alabama Power’s allegedly
noncompliant closure plan could not have caused Mobile
Baykeeper’s injury. As for redressability, the court said, because
any order to file a compliant closure plan would take years to
implement, and would not eliminate leaching in the meantime,
Mobile Baykeeper’s injury could not be redressed by a favorable
judicial decision.
The district court went on to conclude that Mobile
Baykeeper’s claims were not ripe, failing on both hardship and
fitness. First, the court saw no incremental harm in delaying
review until “a date closer to the project’s estimated 2031
completion date.” No guidance was offered on how the parties
would know when the right time had arrived. Second, the court
cited uncertainty about what form the closure plan would
ultimately assume, and took that to mean that the record was not
fit for judicial review.
Mobile Baykeeper filed a motion for reconsideration, which
the district court denied. Mobile Baykeeper now appeals from both
the dismissal of its complaint and the denial of its request for
reconsideration.
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II.
We review de novo the dismissal of a complaint for lack of
jurisdiction, including questions of both standing and ripeness.
Baughcum v. Jackson, 92 F.4th 1024, 1030 (11th Cir. 2024).
Even when considering the denial of a motion for
reconsideration, “we review the original disposition itself under
whatever standard of review we would normally use.” ECB USA,
Inc. v. Chubb Ins. Co. of N.J., 113 F.4th 1312, 1318 (11th Cir. 2024).
So here we need only review the underlying dismissal of Mobile
Baykeeper’s complaint “without regard to the denial of the motion
for reconsideration.” Id.
III.
Mobile Baykeeper has satisfied all three standing
requirements, and its claims are ripe, too—despite Alabama
Power’s spirited efforts to overcomplicate these questions.
We have no trouble rejecting the notion that an illegal
closure plan can only be challenged after that plan is fully
implemented. Same goes for the idea that failure to properly clean
up a longstanding environmental harm cannot be legally
challenged because the harm existed before the cleanup was
required. Equally unconvincing is the contention that a state
agency’s discordant view of federal law would tie the hands of the
federal courts.
These arguments, and several others that orbit them, cannot
obscure that Mobile Baykeeper’s complaint adequately alleges that
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Plant Barry’s coal ash pollution burdens members’ use and
enjoyment of local waters, that the plant’s closure plan does not
meet EPA’s requirements for such plans, that a compliant plan
would alleviate or mitigate those harms, and that federal courts can
require such a plan. This case should not have been dismissed.
A.
To establish standing, a plaintiff “must have suffered an
injury in fact, fairly traceable to the defendant, that the court can
redress with an order directed at the defendant.” Baughcum, 92
F.4th at 1031; see Lujan v. Defs. of Wildlife, 504 U.S. 555, 560–61
(1992). And an organization has standing to sue on behalf of its
members if one or more of them has standing in their own right
and it meets two other requirements not disputed here.2
Baughcum, 92 F.4th at 1031. Mobile Baykeeper’s complaint
plausibly alleges injuries to its members’ recreational and aesthetic
interests caused by toxic leaching from the Plant Barry
impoundment, and it asks the district court to declare the Plant
Barry coal ash “closure” plan unlawful, as well as provide
appropriate injunctive relief. That should have been enough for
standing at the pleading stage: an injury (recreational and aesthetic
harm) caused by Alabama Power (leaching coal ash toxins from its
2 To establish associational standing, an organization must also show (1) that
the lawsuit seeks to protect interests germane to the organization’s purpose,
and (2) that the claim can be resolved and the requested relief granted without
individual members’ participation. Baughcum, 92 F.4th at 1031. Alabama
Power does not dispute that Mobile Baykeeper meets these requirements.
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allegedly noncompliant closure) and redressable by the courts
(who could enjoin the noncompliant plan and require a compliant
one). Even so, the district court dismissed for lack of standing,
citing deficiencies in both causation and redressability. We
disagree.
The district court concluded that Mobile Baykeeper’s
allegations of injury-in-fact were plausible, and this element is not
contested on appeal. That’s no surprise. An individual “may show
injury-in-fact by attesting that he uses, or would use more
frequently, an area affected by the alleged violations and that his
aesthetic or recreational interests in the area have been harmed.”
Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Eng’rs, 781 F.3d
1271, 1280 (11th Cir. 2015) (quotation omitted). And
environmental organizations have shown standing when they
identified even “one specific member” who used a watershed less
often because of pollution. S. River Watershed All., Inc. v. DeKalb
County, 69 F.4th 809, 820 (11th Cir. 2023).
Still, we describe the alleged injuries here because they
provide helpful context for the other parts of the standing inquiry.
Mobile Baykeeper’s complaint and the accompanying declarations
from its members sufficiently allege that Alabama Power’s
noncompliant closure has injured them. For example, three
members who own property downstream from Plant Barry and
have a history of fishing in the area declare that they will not fish
around the plant—or eat fish that were caught there—because they
are concerned about toxic leaching from the coal ash
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impoundment. And one adds that he will not let his grandchildren
swim in that part of the river because of his concerns about coal
ash contaminants. That is enough to show injury. If the Plant
Barry impoundment is not closed as required under federal
regulations, then Mobile Baykeeper and its members will be
“directly confronted with the risks” that the Coal Ash Rule sought
to minimize. Parker v. Scrap Metal Processors, Inc., 386 F.3d 993, 1003
(11th Cir. 2004) (quotation omitted).
The second element of standing can be referred to as either
causation or traceability, and requires plaintiffs to allege that their
injuries are caused by the conduct they challenge. Wilding v. DNC
Servs. Corp., 941 F.3d 1116, 1125 (11th Cir. 2019). This is “not an
exacting standard.” Walters v. Fast AC, LLC, 60 F.4th 642, 650 (11th
Cir. 2023). Traceability “demands less than a showing of proximate
cause and is satisfied when a defendant indirectly causes a plaintiff’s
injury.” Pincus v. Am. Traffic Sols., Inc., 986 F.3d 1305, 1310 n.7 (11th
Cir. 2021) (alteration adopted and quotations omitted).
Sometimes, “even harms that flow indirectly from the action in
question can be said to be ‘fairly traceable’ to that action.” Focus on
the Fam. v. Pinellas Suncoast Transit Auth., 344 F.3d 1263, 1273 (11th
Cir. 2003).
Mobile Baykeeper’s complaint easily satisfies that standard,
too. The parties agree that federal law requires Alabama Power to
close the Plant Barry coal ash impoundment. And to do so, it must
meet the performance standards in EPA’s regulations, standards
designed to prevent the kind of toxic leaching Mobile Baykeeper’s
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members say is causing their injuries. 40 C.F.R. §§ 257.101,
257.102; see Coal Ash Rule, 80 Fed. Reg. at 21304. A compliant plan
for Alabama Power would prevent the leaching, and thus the
injuries, Mobile Baykeeper says—but the current plan flouts the
regulations, allows the leaching, and harms its members. At this
stage of the case, we must assume that Mobile Baykeeper is correct,
and traceability doesn’t get much more straightforward than that.
Alabama Power’s surprising objection is that Mobile
Baykeeper’s own allegations show that Plant Barry has been
poisoning the Mobile River for decades, so its members’ injuries
cannot be traced to a 2020 closure plan that won’t be completed
until at least 2031. The argument that Plant Barry’s coal ash
impoundment has been contaminating local waters since long
before the closure plan was in place is—to say the least—not the
most obvious defense to a request for a safe closure. Mobile
Baykeeper’s injury is fairly traceable to leaching that the allegedly
noncompliant closure plan perpetuates, and past environmental
degradation does not vitiate Mobile Baykeeper’s current standing.
If the rule were otherwise, no environmental plaintiff would ever
have standing to sue over a failure to comply with any pollution
remediation plan. As it is, the organization has shown causation.
Now to redressability, the requirements for which are
similarly “modest.” Bennett v. Spear, 520 U.S. 154, 171 (1997).
Indeed, redressability is often just the flip side of causation: “If a
defendant’s action causes an injury, enjoining the action or
awarding damages for the action will typically redress that injury.”
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Diamond Alt. Energy, LLC v. EPA, 606 U.S. 100, 111 (2025) (quotation
omitted). To evaluate, “we usually ask whether a court decision
can either eliminate the harm or compensate for it.” Ctr. for a
Sustainable Coast v. U.S. Army Corps of Eng’rs, 100 F.4th 1349, 1356
(11th Cir. 2024) (quotation omitted).
Alabama Power argues that Mobile Baykeeper has not
shown redressability because there are just too many unknowns.
Even if the noncompliant plan is causing injury, the utility insists,
the courts have no way to help because of the trail of contingencies
between harm and relief. After all, the company says, the existing
closure plan won’t be fully implemented for many years, and a new
closure plan could not be implemented without a new permit from
the Alabama Department of Environmental Management.
One might wonder why it would matter that a new plan
requires a new permit, but the utility offers an answer. Alabama
regulators, it says, may interpret federal law differently than the
federal courts, and thus refuse to approve a new plan—even if
federal law requires one. Remarkable. State law cannot immunize
a party’s violation of federal law. U.S. Const. art. VI, cl. 2. But we
see no reason to think that Alabama’s environmental agency would
attempt to make Alabama Power do so. Nor do we see any reason
to assume that the benefit of that move would flow to Alabama
Power. 3
3 And if Alabama Power was intending to argue a more narrow point, that
state regulators may wish to attach additional requirements to a future permit
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Keep in mind that EPA has rejected Alabama’s permitting
program as noncompliant with federal law. See 89 Fed. Reg. 48774.
Even so, Alabama Power goes on to argue that the state agency
could still successfully challenge EPA’s denial of its permitting
program. How? And why would that two-years-later appeal
succeed? Alabama Power does not say.
Yet another possibility, according to the utility, is that EPA
could change its current approach to enforcing the Coal Ash Rule,
adapting its approach to allow closure plans that leave coal ash in
contact with groundwater, so long as those plans include certain
other (unspecified) engineering modifications. Well, anything
could happen. But until it does, this is the rule on the books. And
federal courts cannot refuse to decide cases based on bare
speculation that a current rule might, someday, be changed.
Meanwhile, Alabama Power adds, it is already in
negotiations with EPA over potential Plant Barry coal ash
violations the agency identified in 2023. Among the many
concerns outlined, EPA suggested that the closure plan does not
“describe any adequate engineering measures” to ensure
compliance with the Coal Ash Rule. Under the current plan, the
agency said, the impoundment “will continue releasing [coal ash]
contaminants indefinitely.” And because the plan does not address
the fact that “groundwater will continue to flow into and out of the
unit in perpetuity,” EPA contended that it does not seem to comply
that did not conflict with federal law, that would pose no hazard to
redressability.
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with the requirement that free liquids be eliminated. See 40 C.F.R.
§ 257.102(d)(2)(i).
But EPA’s concerns, according to Alabama Power, are not
so much evidence of an unlawful closure plan as they are an
opportunity—a chance for Plant Barry to adjust its plan in ways
that might address Mobile Baykeeper’s toxic-leaching concerns
without the need for litigation. That is quite an argument. We can
see why Mobile Baykeeper is not satisfied by the idea that Alabama
Power may one day agree with EPA that its closure plan is unlawful
and change it. The law does not require a plaintiff to sit on
legitimate claims while the defendant considers changing its mind.
In truth, none of these arguments have anything to do—at
all—with whether Mobile Baykeeper has pleaded redressability. A
compliant plan would have to meet EPA’s performance standards
for cap-in-place closure. And such a plan, according to EPA
regulations, would eliminate free liquids, preclude the probability
of future impoundment of liquids and solids, and eliminate—to the
maximum extent feasible—further infiltration of liquids into the
coal ash and the release of pollution into the environment. See 40
C.F.R. § 257.102(d). Mobile Baykeeper alleges that no such plan
exists today because Alabama Power’s current plan leaves at least
one million tons of coal ash saturated in water. Given that,
implementation of a compliant plan would provide at least partial
relief for Mobile Baykeeper’s injuries.
And partial is enough. The prospect of complete relief is not
required for standing: it is enough if the alleged injury “would be
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reduced to some extent if petitioners received the relief they seek.”
Massachusetts v. EPA, 549 U.S. 497, 526 (2007). Indeed, we have
found redressability in similar cases at the motion-to-dismiss stage
when plaintiffs adequately demonstrated that water quality “would
likely be improved” by an injunction requiring the defendant to
take steps to stop discharging pollution. S. River Watershed, 69
F.4th at 820.
Nor is it a problem that complete relief could be a long time
coming—immediacy is not required. The idea that “relief must be
immediate to satisfy constitutional standing finds no support in our
precedent.” Shalom Pentecostal Church v. Acting Sec’y U.S. Dep’t of
Homeland Sec., 783 F.3d 156, 162 (3d Cir. 2015); see Lujan, 504 U.S.
at 561. Redressability depends on whether relief can be had, not
whether it can be had the moment a court hands down its order.
For the purposes of standing, “the fact that the effectiveness of a
remedy might be delayed” while the remedy is being implemented
is “essentially irrelevant.” Massachusetts, 549 U.S. at 525. What’s
more, in contexts like this one—which invariably will feature a
lengthy delay between a court’s judgment and a party’s relief—an
immediacy requirement for redressability would shut the door on
whole categories of claims our courts have long adjudicated. See
Shalom Pentecostal, 783 F.3d at 162; cf. Made in the USA Found. v.
United States, 242 F.3d 1300, 1311 (11th Cir. 2001). Indeed,
“redressability in circumstances like these is ordinarily seen as so
obvious that we have dispatched with it in just a few sentences.”
Ctr. for a Sustainable Coast, 100 F.4th at 1357. Because Mobile
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Baykeeper has adequately alleged that a compliant closure plan
would likely diminish its injuries, its claims are redressable.
* * *
The sum of it is that the complaint properly alleges standing.
If “certainty about future administrative outcomes was needed to
show standing, citizen-suit provisions would be a dead letter.” Id.
(quotation omitted). It’s true that relief for Mobile Baykeeper’s
members’ recreational and aesthetic injuries may depend on
various administrative actions that would follow Alabama Power’s
submission of a compliant plan. As the utility puts it, “there are
many moving parts in this matter.” Fair enough. But focusing on
them overcomplicates something simple: Mobile Baykeeper has
satisfied the Article III standing requirements, effectively pleading
injury, causation, and redressability.
B.
We next evaluate ripeness—an efficient inquiry because
many of the arguments here overlap with those Alabama Power
pressed for standing.
The point of the ripeness doctrine is to keep courts from
deciding cases prematurely, engaging in speculation, or wasting
resources on merely potential or abstract disputes. See Beaulieu v.
City of Alabaster, 454 F.3d 1219, 1227 (11th Cir. 2006); Maron v. Chief
Fin. Off. of Fla., 136 F.4th 1322, 1332 (11th Cir. 2025). Put
differently, we ask whether the claim is mature and defined enough
“to permit effective decision-making by the court.” Baughcum, 92
F.4th at 1036 (quotation omitted). The test has two formal prongs:
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“(1) the fitness of the issues for judicial decision, and (2) the
hardship to the parties of withholding court consideration.” Maron,
136 F.4th at 1332 (quotations omitted).
As we have explained, “a claim is not ripe if it rests upon
contingent future events that may not occur as anticipated, or
indeed may not occur at all.” Id. (quotation omitted). Attempting
to apply that logic, Alabama Power argues that because “we do not
know what the closure plan will look like a few years from now,
the record is unfit for a determination of whether the plan violates”
the Coal Ash Rule. Yet however much contingent future events
may impact the ultimate implementation of the closure plan,
Mobile Baykeeper’s claim does not rest on those events; it rests on
the plan that Alabama Power is implementing now.
First, the straightforward issue at the heart of this case is
whether federal law allows for an impoundment to be capped in
place with coal ash still in contact with groundwater. Federal
courts can answer that question. And because it is “purely legal,”
“we do not fear that a decision will be tantamount to entangling
ourselves in abstract disagreements over administrative policies.”
Ala. Power Co. v. U.S. Dep’t of Energy, 307 F.3d 1300, 1310 (11th Cir.
2002) (alteration adopted and quotations omitted).
Second, the hardship prong favors Mobile Baykeeper, too.
Alabama Power has no legitimate interest in violating federal law.
In fact, if it needs to adjust its closure plan, it may even benefit from
being ordered into compliance sooner rather than later—by its
own telling, the company will spend over $1 billion to finalize its
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current plan. Mobile Baykeeper’s members, in contrast, are
suffering injury now. While it may be true that it will take years
for any relief ordered by the court to redress those injuries, any
delay in deciding whether relief is due only pushes it further into
the future.
Against this conclusion, Alabama Power recycles several of
its arguments against standing: Mobile Baykeeper has no present
injury, any possible relief is too far off, and the ultimate closure is
subject to too many future contingencies. For the reasons we have
already given, not one of these objections holds water. And Mobile
Baykeeper does not ask the courts to “entangl[e] ourselves in
abstract disagreements over administrative policies.” Id.
(alteration adopted and quotation omitted). Instead, it asks us to
enforce existing federal administrative policies. Time will tell
which party’s stance on the regulation is correct, but for now, the
complaint outlines a run-of-the-mill regulatory challenge that is
ripe for decision.
* * *
A “federal court’s obligation to hear and decide cases within
its jurisdiction is virtually unflagging.” Lexmark Int’l, Inc. v. Static
Control Components, Inc., 572 U.S. 118, 126 (2014) (quotations
omitted). Here, Mobile Baykeeper’s complaint alleges real,
concrete injuries traceable to Alabama Power’s closure plan,
injuries that could be redressed by the requested relief. The
complaint presents a true Article III case or controversy. The
USCA11 Case: 24-12682 Document: 51-1 Date Filed: 05/18/2026 Page: 20 of 20
20 Opinion of the Court 24-12682
district court thus had subject-matter jurisdiction to adjudicate the
dispute and erred in granting Alabama Power’s motion to dismiss.
We REVERSE the district court’s judgment and REMAND
for proceedings consistent with this opinion.