Constellation Power Source Generation, a subsidiary of Constellation Energy Group, deposited millions of tons of fly ash — a byproduct of burning coal — from two of its Anne Arundel County power plants into two Gambrills quarries from 1995 until last year. In September 2007, Constellation paid a $1 million fine as part of a consent decree with the Maryland Department of the Environment, which had previously approved the program. In their November 2007 lawsuit, the representative plaintiffs alleged Constellation Power Source Generation should have known the ash contained toxic elements such as arsenic, lead and mercury and that it would leach into the groundwater through the quarries’ porous floor. They alleged Constellation had “actively engaged in a campaign of deception to mislead” the plaintiffs as to the health threat.
Note: We thought Wayne Curry was handling this case.