Duke Energy asks judge to throw out coal ash case

Charlotte, N.C. - Duke Energy (DUK) is asking a judge to dismiss a case filed by North Carolina regulators that would force the company to clean up nearly three dozen coal ash pits across the state.

The Department of Environment and Natural Resources filed a complaint against Duke Energy last year. Several citizens groups intervened in the case, saying the pits polluted groundwater.

But Duke filed a motion Monday to dismiss the case, and wants a judge to prevent citizens groups from participating.

The company had agreed to a consent order last year to study cleaning up ash pits at two plants, but that agreement was recently scrapped.

The motion comes nearly two months after a massive coal ash spill at Duke's plant in Eden, N.C., coated 70 miles of the Dan River in toxic sludge.