ABSTRACT: With the United States’ continued and growing dependence on the use of coal for energy production, it is vital that the country examines ways to eliminate coal wastes more efficiently. The courts have varying opinions on who should ultimately bear responsibility for environmental torts connected with carbon pollution. With greenhouse gases and global warming stealing the environmental spotlight, the equally hazardous nature of coal combustion waste disposal has taken a back door to national policy reform. This paper introduces the problems associated with the disposal of this hazardous by-product. By analyzing the status quo of environmental regulation, it becomes evident that the current provisions in the already existing Clean Water Act, Clean Air Act, and other statutes allow for the effective management of this waste. Additionally, with collaboration between state and federal governmental bodies, energy industry approval and cooperation with modified environmental regulations is possible. By offering industry incentives that are economically feasible, companies can actually work at eliminating coal related pollution, instead of off-setting it into other areas through the use of programs such as emission trading.