The Biden administration put out rules last year to help control toxic coal ash in old, unused ponds that hadn't had federal oversight before. But an analysis by the group Earthjustice shows some utilities and landowners might not be following the law.

For years, activists with Just Transition Northwest Indiana have urged the utility to remove the coal ash on the site — both its coal ash ponds and ash used to fill holes on the plant's property.

Fortunately, the Indiana Department of Environmental Management said it didn't receive any reports of damage to the state's coal ash ponds. But many of those ponds are in the floodplain, putting them at greater risk for spills.

Coal ash contains chemicals like arsenic, which can cause cancer and heart disease. It was used as construction fill in hundreds of properties in the Town of Pines.

Eleven groups signed on to a letter to Governor Eric Holcomb on Tuesday including Just Transition Northwest Indiana, Confront the Climate Crisis and League of Women Voters.

Some lawmakers and environmental groups worry this could prevent the Indiana Department of Environmental Management from doing what's best to handle toxic coal ash in the state.

The new law lets utilities recover extra costs from complying with federal rules without having to get pre-approval first as long as the IURC approves them after the fact.

Environmental groups worry an amendment to House Bill 1623 could prevent Indiana from doing what’s best to handle its coal ash — or at the very least, create confusion.

Unlike coal ash ponds, the ash is dry when its placed into these landfills. But the group Earthjustice said the ash can still get wet when it rains or the water table rises polluting groundwater and drinking water sources.

The groups say these landfills shouldnt have been exempt from stricter coal ash rules in 2015.