05/18/2026
The fight over Plant Barry coal ash is headed back to court.
A federal appeals court ruled in favor of Mobile Baykeeper, overturning a lower court decision and sending this case back to federal district court.
That means the people of Coastal Alabama will have the chance to be heard.
For years, this community has made it clear that Alabama Power should not leave more than 21 million tons of toxic coal ash in an unlined pit on the banks of the Mobile River, where it remains in contact with groundwater upstream of the Mobile-Tensaw Delta and Mobile Bay.
More than 3,000 of you have already written letters calling on Alabama Power to remove and recycle the coal ash at Plant Barry. Grandmothers, anglers, neighbors, families, scientists, and advocates have kept showing up. The momentum around Sallie’s Ashes has carried Sallie Smith’s fight forward and reminded folks what this fight is really about: protecting the people of Coastal Alabama from toxics in our waters.
“Mobile Baykeeper has satisfied all three standing requirements, and its claims are ripe, too, despite Alabama Power’s spirited efforts to overcomplicate these questions.”
This ruling doesn’t solve the problem. But it is a big step forward.
Alabama Power still has a choice to make. They can keep fighting the people of Coastal Alabama in court, or they can commit, in writing, to excavate and recycle all coal ash at Plant Barry.
These waters are ours.
If you haven’t sent a letter yet, now’s the time. If you have, share this with somebody who cares about our waters and our way of life. https://mobilebaykeeper.org/programs/coal-ash/