March 21, 2018 - A federal appeals court is set to hear arguments in a legal battle over the storage of more than 3 million tons of coal ash from a retired power plant in Virginia.

The case pits the Sierra Club against Dominion Energy, Virginia's largest electric utility.

A judge ruled last year that arsenic is flowing from a site in Chesapeake and is polluting surrounding waters.

U.S. District Judge John Gibney Jr. found that Dominion violated the U.S. Clean Water Act, but said the discharge does not pose a threat to human health or the environment.

Dominion is appealing the judge's finding of the violation. The Sierra Club is asking the court to order civil penalties against Dominion.

The 4th U.S. Circuit Court of Appeals will hear arguments Wednesday. 

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