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Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
Alec Saslow, FitzGibbon Media: 720-319-4948, Alec@FitzGibbonmedia.com
Frank Holleman, SELC: 864-979-9431, fholleman@selcnc.org
Kemp Burdette, Cape Fear Riverkeeper: 910-762-5606, kemp@cfrw.us
Kelly Martin, Sierra Club: 828-251-1272, kelly.martin@sierraclub.org
Donna Lisenby, Waterkeeper Alliance: 704-277-6055, lisenby.donna@gmail.com
Duke Energy's coal ash pollution is killing over 900,000 fish and deforming thousands more each year in Sutton Lake near Wilmington, N.C., according to a new study conducted by Dr. Dennis Lemly, Research Associate Professor of Biology at Wake Forest University and a leading expert on selenium poisoning.
The powerful study shows that selenium pollution coming from coal ash waste pits at Duke Energy's Sutton power plant in to the lake triggers mutations and death of several fish species, even at low levels. Sutton Lake is a public fishery, a popular recreational fishing lake and is important to subsistence fishers living in the area. In response to the study findings, conservation advocates are calling on Duke Energy to take immediate steps to address the toxic pollution coming from coal ash pits at Sutton Lake.
"Selenium pollution from Duke's coal ash takes food off the table of North Carolinians who count on Sutton Lake to feed their families, and fish off fishermen's lines," said Frank Holleman, senior attorney for the Southern Environmental Law Center.
The study analyzed more than 1,400 fish from Sutton Lake and found several species of fish showing disturbing mutations of the heads, mouths, spines, and tails. Many fish die before reaching maturity. In addition, the study found the population of catchable bass has dropped by 50% since 2008, affecting the popular bass fishing economy at the lake.
The value of lost natural resources at Sutton Lake exceeds millions of dollars each year. The replacement cost of the lost fish is over $4.5 million per year, according to the study. If North Carolina replaced all fish killed by selenium pollution over the last 25 years, taxpayers would face a bill of more than $112 million. For subsistence and sport fishermen, the value of the lost fish exceeds $1.1 million per year and more than $28 million for a 25 year period.
Selenium builds up in living organisms over time, even a small amount in water can increase exponentially in fish and wildlife. For humans, high levels of selenium can be deadly, while lower levels cause nervous system problems, brittle hair and deformed nails. Long term exposure to selenium pollution in people can cause damage to the liver, the kidneys, and to the nervous and circulatory systems.
"Conservation advocates have uncovered shocking evidence of water pollution from Duke Energy's coal ash pits in Asheville, and now this new study shows how the same thing is happening in Wilmington. We know coal ash pollution harms people, wildlife, and our treasured natural places. Duke Energy needs to stop stalling and take responsibility for its ongoing violations," said Kelly Martin, with the Sierra Club's Beyond Coal Campaign.
The North Carolina Department of Environment and Natural Resources (DENR) and Duke Energy have known about the selenium contamination at Sutton Lake for years, but have not stopped pollution leaks. Earlier this year, the Southern Environmental Law Center sent the North Carolina Department of Natural Resources and Duke Energy notice of its intent to file suit to clean up coal ash pollution at Sutton. In response, DENR filed a state court enforcement action, and the state court has allowed the Southern Environmental Law Center to intervene in the action on behalf of Cape Fear Riverwatch, the Sierra Club, and Waterkeeper Alliance. The conservation groups have also filed suit in federal court to require cleanup of the coal ash pollution under the federal Clean Water Act.
Although Duke Energy plans to stop burning coal at the Sutton plant in 2014, the report shows that selenium contamination in the lake sediments will continue to harm fish for years to come.
"This study clearly shows that Duke Energy is poisoning one of our region's most important natural resources with coal ash pollution," said Kemp Burdette, the Cape Fear Riverkeeper. "The scale of damage from this pollution is huge. Duke Energy should clean up its coal ash pollution before more harm is done."
During the past decade, scientists and environmental activists nationwide have advocated for tighter selenium limits, emphasizing the impacts on fisheries and surrounding communities while industry groups have pushed back against regulations.
"Sutton Lake is clearly contaminated by toxic coal ash pollution, and is a harrowing symbol of what's happening to rivers and lakes across the U.S.," said Donna Lisenby, global coal campaign coordinator for Waterkeeper Alliance. "As long as coal ash is stored in unlined pits and discharged straight into our rivers, lakes and drinking water reservoirs without any limits, our natural resources and all of us are at risk."
The study was conducted at the request of the Southern Environmental Law Center, which represents Cape Fear River Watch, the Sierra Club, and Waterkeeper Alliance in legal actions to clean up the coal ash pollution at Sutton Lake.
"If we keep having these crises, one of them is going to get really ugly."
Experts are warning that the Trump administration's ongoing crackdown in Minnesota could quickly get out of hand and could even result in a second US civil war.
Claire Finkelstein, a professor at the University of Pennsylvania Carey Law School, wrote in a Wednesday column published by the Guardian that she and her colleagues at the Center for Ethics and the Rule of Law (CERL) conducted a tabletop exercise in October 2024 that simulated potential outcomes if a US president were to carry out law enforcement operations similar to the ones being conducted by the Trump administration with US Immigration and Customs Enforcement (ICE) officers in Minnesota.
"In that exercise, a president carried out a highly unpopular law-enforcement operation in Philadelphia and attempted to federalize the Pennsylvania’s National Guard," Finkelstein explained. "When the governor resisted and the guard remained loyal to the state, the president deployed active-duty troops, resulting in an armed conflict between state and federal forces."
Finkelstein noted that such a scenario is alarmingly close to what's currently going on in Minnesota, where Gov. Tim Walz has placed his state's National Guard on standby and President Donald Trump has threatened to invoke the Insurrection Act, which would give him broad powers to deploy the military on US soil.
The simulation also projected that the judiciary would be of little help to any state that found itself in the president's crosshairs.
"We concluded that in a fast-moving emergency of this magnitude, courts would probably be unable or unwilling to intervene in time, leaving state officials without meaningful judicial relief," Finkelstein explained. "State officials might file emergency motions to enjoin the use of federal troops, but judges would either fail to respond quickly enough or decline to rule on what they view as a 'political question,' leaving the conflict unresolved."
Steve Saideman, a political scientist at Carleton University in Ottawa, Canada, argued that the situation now is even more dire than the one Finkelstein and her colleagues imagined in their simulation.
In a post on Bluesky, Saideman argued that the US is "hours or days away from civil war."
"This might sound extreme," he acknowledged, "but if Walz has the Minnesota National Guard blocking ICE operations, the usual response of the federal government to governors using National Guard against feds is to call out the Army... What happens if the Army confronts Minnesota National Guard? We have no idea. But one real possibility is: bam."
Saideman added that, given the nonstop chaos of Trump's presidency, it's only a matter of time before it eventually boils over into real civil conflict.
"If we keep having these crises, one of them is going to get really ugly," he said. "Crises under Trump are street cars—there is always another one coming along. We have gotten lucky thus far, but if a citizen shoots at ICE or if the Minnesota National Guard tussles with ICE, things may escalate very quickly."
In a New York Times column published on Monday, Lydia Polgreen argued it was no longer a stretch to equate what is going on in Minnesota with a war being waged by the federal government against one of its own states.
"It might not yet be a civil war, but what the White House has called Operation Metro Surge is definitely not just—or even primarily—an immigration enforcement operation," wrote Polgreen. "It is an occupation designed to punish and terrorize anyone who dares defy this incursion and, by extension, Trump’s power to wield limitless force against any enemy he wishes."
"This week’s revelations are just the tip of the iceberg," said the executive director of Social Security Works. "We need to know exactly who has our data and what they are doing with it."
Advocates and Democratic members of Congress are calling for a criminal investigation after a court filing revealed that operatives at the Department of Government Efficiency—previously headed by Elon Musk—pilfered and leaked Social Security data through a non-secure private server.
Max Richtman, president and CEO of the National Committee to Preserve Social Security and Medicare, said Wednesday that his organization supports Reps. John Larson (D-Conn.) and Richard Neal (D-Mass.) in their call for "a full criminal investigation into DOGE leaks of private Social Security data to Elon Musk’s associates and immediate congressional action to safeguard Americans’ privacy."
"This reported malfeasance was enabled by a culture created by the Trump administration, Elon Musk, and DOGE soon after the president took office—a culture of recklessly interfering in the legitimate functions of the federal government with questionable intent and zero accountability," said Richtman, calling the data abuses part of a "relentless attack on the functioning of the Social Security Administration."
Richtman's statement came a day after the Trump administration acknowledged that DOGE operatives accessed and divulged highly sensitive Social Security data in ways that "were potentially outside of" SSA policy and in violation of a March 2025 court order. The Justice Department maintains that SSA doesn't know data was shared on the third-party server.
As the New York Times reported, the Trump DOJ also disclosed that "a political advocacy group contacted two members of the DOGE Social Security team, asking for an analysis of state voter rolls the advocacy group obtained."
"One of the DOGE employees signed an agreement with the advocacy group, which the Social Security Administration appeared to learn through a review of emails," the Times noted. "The Justice Department did not provide details about what came of the agreement and whether sensitive data was shared inappropriately."
In a joint statement responding to the revelations, Larson and Neal said that "we have been warning about privacy violations at Social Security and calling out Elon Musk’s ‘DOGE’ for months."
"DOGE signed an agreement to share Social Security data with an organization trying to undermine state election results, sent 1,000 Americans’ personal records directly to one of Elon Musk’s top consiglieres, and shared the confidential data of Americans on a private server," the Democratic lawmakers continued. "The 'DOGE' appointees engaged in this scheme—who were never brought before Congress for approval or even publicly identified—must be prosecuted to the fullest extent of the law for these abhorrent violations of the public trust."
Alex Lawson, executive director of Social Security Works, echoed that call on Wednesday, saying that "those who have committed illegal acts must be prosecuted."
Lawson also demanded that Congress launch "a long-overdue investigation into just what DOGE is doing with our earned benefits and our private data."
"Thanks to Donald Trump and the Supreme Court, Elon Musk’s DOGE minions have access to our private Social Security data. So does anyone they choose to share it with—and anyone who can hack the unsecured server they’ve stored it on," said Lawson. "This week’s revelations are just the tip of the iceberg. We need to know exactly who has our data and what they are doing with it."
"Does he want the Smith report to be locked up with the Epstein files?"
As his administration continues dragging its feet in releasing the Epstein files, President Donald Trump is pushing to keep another potentially damning set of Justice Department documents hidden from the public.
On Tuesday, Trump filed a 19-page motion requesting that the US District Court of the Southern District of Florida step in to prohibit the DOJ’s planned release of Volume II of the final report prepared by former Special Counsel Jack Smith next month. The volume relates to the president’s handling of classified documents after leaving office in 2021.
Trump was indicted by a grand jury for 37 felony counts following Smith's investigation, 31 of which involved violations of the Espionage Act, after transporting "scores of boxes" full of classified materials, including top-level military and intelligence secrets, to his home at Mar-a-Lago and showing them off to people without security clearances.
But Smith ultimately dropped the case in November 2024 after it became clear that Trump's reelection would shield him from legal liability.
It's strange for the President of the United States to be litigating in his personal capacity against the Justice Department he runs — but he's seeking an order barring "current, former and future" DOJ officials from releasing Jack Smith's second volume. storage.courtlistener.com/recap/gov.us...
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— Kyle Cheney (@kyledcheney.bsky.social) January 20, 2026 at 6:38 PM
On January 7, 2025, just days before Trump reassumed office, the DOJ released Volume I of Smith's report, which pertained to Trump's attempts to overturn his loss in the 2020 election by spreading false claims of widespread voter fraud, which culminated in the attack on the US Capitol building by a mob of his supporters on January 6, 2021.
Though Trump's indictment in that case was also dropped following his reelection, the report was released under DOJ rules requiring public disclosure of all investigative reports after cases conclude.
That report described Trump as having undertaken an “unprecedented criminal effort to overturn the legitimate results of the election in order to retain power,” a scheme in which he knowingly spread information casting doubt on the election result even after his own staff confirmed it to be false and he acknowledged his loss in private.
Unlike the election case, the classified documents case was dismissed in July 2024 by the Trump-appointed federal judge Aileen Cannon of the same district court, who ruled that Smith's appointment as special counsel was unlawful.
Cannon also issued an injunction blocking the release of the report to Congress, but only until February 24, 2026, so as not to prejudice the legal proceedings against Trump's co-defendants, former aide Walt Nauta and Mar-a-Lago employee Carlos De Oliveira, who were accused of helping him illegally stash documents and hide them from investigators.
Citing her previous ruling, Trump is now asking Cannon to permanently block the report, claiming that, because of her ruling against Smith, "all acts undertaken" by him, including the creation and release of the report, are "void."
Not only does he seek to prohibit the "current" DOJ from releasing it, but also "former and future" DOJ officials from ever releasing it, as it would result in the "public dissemination of sensitive grand jury materials, attorney-client privileged information, and other informationderived from protected discovery materials, raising significant statutory, due process, and privacy concerns for President Trump and his former co-defendants."
Trump's request to permanently spike the report immediately drew comparisons to the Epstein files, which remain almost entirely unreleased by the DOJ nearly a month after the deadline mandated by law, which was signed by Trump himself after being passed in November.
For over a year, efforts to halt the release of Smith's report have fueled concerns of a cover-up and raised questions about whether Cannon has any authority to issue rulings at all, since the case has been dismissed.
In a piece for MS NOW (then MSNBC) last year, after the first report was released, legal analyst Glenn Kirschner warned that if the second one were buried in perpetuity, it could allow Trump to escape legal consequences after his term is up.
"If there is no disclosure of Volume II to members of Congress, what might a Trump-led DOJ do to the evidence?" he asked. "Might it be destroyed in an attempt to make sure Trump is never held to account for the classified documents crimes? Recall that the documents case was dismissed without prejudice, which means the case could theoretically be refiled once Trump leaves office."
His colleague, former US Attorney Joyce Vance, noted the peculiarity of Cannon's assertion of authority in a case that had already been dismissed.
"The strangest thing about this entire proceeding is that Judge Cannon continues to issue orders when there is no case pending in front of her," she said. "That’s not how a court’s jurisdiction is supposed to work.”
After appearing at a closed-door deposition last month as part of an inquiry launched by Republicans, Smith is scheduled to testify publicly before the House Judiciary Committee on Thursday at 10 am ET.
Smith's lawyer, Lanny Breuer, told the Associated Press earlier this month that "Jack has been clear for months he is ready and willing to answer questions in a public hearing about his investigations into President Trump's alleged unlawful efforts to overturn the 2020 election and his mishandling of classified documents."