EPA, the White House, and electric utilities are stalled in a struggle over a proposed new rule on coal ash disposal. Although this rule is long overdue, EPA now stands on the cusp of bringing forward a landmark decision that could benefit aquatic resources in the USA for decades to come and also set an important regulatory leadership example for the international community to follow. However, multi-million dollar wildlife losses are continuing to pile up as things stall in Washington. In this commentary I use a newly reported example, Wildlife Damage Case 23, to further illustrate serious flaws in the National Pollutant Discharge Elimination System that EPA's new rule can address. Case 23 provides additional impetus for EPA and the White House to move swiftly and decisively to end surface impoundment disposal of coal ash and the associated toxic impacts to wildlife.
