December, 19 2014, 02:15pm EDT

For Immediate Release
Contact:
Keith Rushing, Earthjustice Campaign Press Secretary, (202) 797-5236; (757) 897-2147
Tom Pelton, Director of Communications, Environmental Integrity Project, (202) 888-2703; (443) 510-2574
EPA's First-ever Coal Ash Rule Leaves Communities to Protect Themselves
Rule Leaves Critical Gaps in Protection from Toxic Coal Ash
WASHINGTON
The U.S. Environmental Protection Agency today issued long-delayed federal regulations for coal ash, but failed to fix major pollution problems from the disposal of coal ash waste, including contamination of rivers and drinking water supplies.
The Obama Administration's failure to issue strong ash disposal regulations means that environmental disasters like the Dan River coal ash spill in North Carolina in February, and the massive 2008 ash spill in Kingston, Tennessee, could happen again.
"Today's rule doesn't prevent more tragic spills like the ones we are still trying to clean up in North Carolina and Tennessee. And it won't stop the slower moving disaster that is unfolding for communities around the country, as leaky coal ash ponds and dumps poison water," said Earthjustice attorney Lisa Evans.
The new rule fails to phase out the dangerous practice of storing immense quantities of toxic waste in unlined "ponds" behind earthen dams that are often structurally unstable and prone to failure. EPA's approach effectively lets the utility industry police itself without federal or state oversight.
"While EPA's coal ash rule takes some long overdue steps to establish minimum national groundwater monitoring and cleanup standards, it relies too heavily on the industry to police itself, " said Eric Schaeffer, Executive Director of the Environmental Integrity Project. "The devil is in the details, and we will review the regulation closely for loopholes. But regardless of what the rule requires, companies like Duke Energy, First Energy, and TVA have already learned that spills and leaking ash ponds add up to billions of dollars in cleanup costs."
While the rule does require closure of some inactive ponds, like the one that failed on the Dan River in North Carolina, it only mandates closure of ponds that are located on the site of active facilities.
"This power industry has had half a century or more to clean up its act, but even in the face of huge spills and a terrible record of proven water contamination around the country, it is still dumping ash in huge unlined pits," said Evans. "These dumps aren't going away by themselves, and unfortunately under today's rule, EPA is putting the burden on citizens to get them safely closed."
The rule requires water quality monitoring and public disclosure of the results, which should help citizens to track damage from dumps and to go to court to force clean-ups. However, communities are understandably concerned that coal plant operators will not reliably identify, report and remedy water contamination and structural risks without independent oversight.
When she heard about the new regulations, Esther Calhoun, of Uniontown, Ala., who lives near a coal ash dump said: "It seems like the EPA doesn't give a damn about people. "
Calhoun lives near the Arrowhead landfill in Uniontown which received four million cubic yards of coal ash form the 2008 Kingston disaster.
"Our people have heart attacks and breathing problems. They're dealing with this big mountain of coal ash in their face. This is a civil rights issue just as much as an environmental and health one. "
Coal ash is the toxic waste formed from burning coal in power plants to make electricity. It is filled with some of the deadliest toxins known to man, including hazardous chemicals such as arsenic, lead, mercury, and hexavalent chromium. Coal ash--the second largest industrial waste stream in the United States--is linked to the four leading causes of death in the U.S.: heart disease, cancer, respiratory diseases and stroke.
Unsafe disposal of coal ash into the nation's more than 1,400 coal ash waste dumps has contaminated more than 200 rivers, lakes, streams and sources of underground drinking water in 37 states.Coal ash, when dumped in unlined lagoons and landfills, often poisons drinking water and kills fish and wildlife.
Earthjustice, and the groups that sued the EPA over its failure to regulate coal ash, are planning to keep up the fight for critical public health and environmental protection. "We had to go to court to force EPA to issue this first-ever coal ash rule, and unfortunately, we will be back in court to force coal plants to clean up their ash dumps and start disposing of their toxic waste safely," said Evans.
Coal ash regulations were proposed in 2010 following the largest toxic waste spill in U.S. history in Kingston, Tenn., when one billion gallons of coal ash sludge destroyed 300 acres and dozens of homes. But in response to pressure from the coal power industry, EPA delayed finalizing the proposed rule.
Eric Schaeffer, Executive Director of the Environmental Integrity Project, said: "EPA's coal ash rule is too little and too late. Too little because its standards are minimal, vague, and unenforceable. Too late, because damage from collapsing dikes and leaking ash dumps has accumulated in the absence of common sense rules designed to prevent those disasters."
In 2012, Earthjustice sued EPA in federal court on behalf of ten public interest groups and an Indian tribe to obtain a court-ordered deadline. The groups involved in the lawsuit include: the Moapa Band of Paiutes (NV),: Appalachian Voices (NC); Chesapeake Climate Action Network (MD); Environmental Integrity Project (D.C., PA); Kentuckians For The Commonwealth (KY); Montana Environmental Information Center (MT); Physicians for Social Responsibility (DC); Prairie Rivers Network (IL); Sierra Club (CA); Southern Alliance for Clean Energy (eight southeast states); and Western North Carolina Alliance (NC),
In 2013, a consent decree was lodged in federal court that set a deadline of December 19, 2014 for EPA's final rule.
Quotes from Partner Groups
Vickie Simmons, Moapa Band of Paiutes in Nevada
Email: simmonsvickie@ymail.com
Phone: 702-865-2910
"Our people have been harmed for decades by the toxic dust that blows from coal ash dumps at the Reid Gardner plant," says Vickie Simmons of the Moapa Band of Paiutes in Nevada. "We wanted a far stronger rule."
Amy Adams, North Carolina Campaign Coordinator, Appalachian Voices
Email: amy@appvoices.org
Phone: (252) 944-6459
"For the thousands of citizens whose groundwater is no longer safe for consumption due to leaching ponds or whose air is contaminated by fugitive dust, failing to regulate coal ash as hazardous is a slap in the face. We will continue to fight for cleanup of these toxic sites."
Traci Barkley, Water Resources Scientist, Prairie Rivers Network (she said use all or part of the quote)
Email: tbarkley@prairierivers.org
Phone: 217.344.2371
"While these rules put forward clean-up and safety standards to protect communities, the EPA is leaving oversight and enforcement almost entirely to the states.
Illinois has over 90 aging coal ash pits with coal ash pollutants found in the groundwater near every one. Communities rely on at-risk rivers and groundwater for drinking water, recreation, and business."
Barbara Gottlieb, Director for Environment & Health at Physicians for Social Responsibility
Email: bgottlieb@psr.org
Phone: (202) 587-5225
"It's high time that those communities get adequate protection from coal ash toxics like arsenic and chromium poisoning their water and their air," said Barbara Gottlieb, Director for Environment & Health at Physicians for Social Responsibility.
Mary Love, Kentuckians For The Commonwealth
Email: mbloveky@yahoo.com
Phone: 502-541-7434
"Hundreds of thousands of Kentuckians depend on the Ohio River for their drinking water. Of the 44 coal ash disposal sites nation-wide that the EPA has listed as high hazard, 19 of them sit on the Ohio River or one of its tributaries. As a result, Kentuckians are vulnerable to exposure to toxins from coal ash, especially since state officials do little to protect the public. Current Kentucky law regulates municipal garbage dumps more stringently than it regulates coal ash disposal sites. "--Mary Love, Kentuckians For The Commonwealth
Anne Hedges, Deputy Director of the Montana Environmental Information Center
Email: ahedges@meic.org
Phone: (406) 443-2520
"This rule comes far too late to protect the people who rely on groundwater in Colstrip, Montana. We can only hope that this rule will help get the toxins out of their water. Colstrip area ranchers told the state decades ago that the Colstrip ash ponds would leak but no one expected them to hemorrhage toxic water into ground and surface water for decades," said Anne Hedges, Deputy Director of the Montana Environmental Information Center.
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
800-584-6460LATEST NEWS
Trump Tariffs Bound for Supreme Court After Another Legal Loss
If the president's policies are struck down, the administration may have to repay billions of dollars in duties, which customs and trade experts warn "would be a logistical nightmare."
Aug 29, 2025
As working-class Americans endure the pain from US President Donald Trump's tariff war, the Republican signaled that he plans to keep fighting for the levies after a loss at the US Court of Appeals for the Federal Circuit.
Trump is the first president to impose tariffs by citing the International Emergency Economic Powers Act (IEEPA) of 1977. In a 7-4 ruling, the appellate court's majority found that most of his tariffs are illegal.
The court said that "tariffs are a core congressional power" and "we discern no clear congressional authorization by IEEPA for tariffs of the magnitude of the reciprocal tariffs and trafficking tariffs."
The decision affirms a May ruling from the US Court of International Trade, which also found that Trump exceeded his authority.
Friday's ruling is paused until October 14, to give the White House time to appeal to the nation's highest court. Trump suggested he would do so in a post on his Truth Social platform, writing:
ALL TARIFFS ARE STILL IN EFFECT! Today a Highly Partisan Appeals Court incorrectly said that our Tariffs should be removed, but they know the United States of America will win in the end. If these Tariffs ever went away, it would be a total disaster for the Country. It would make us financially weak, and we have to be strong. The U.S.A. will no longer tolerate enormous Trade Deficits and unfair Tariffs and Non Tariff Trade Barriers imposed by other Countries, friend or foe, that undermine our Manufacturers, Farmers, and everyone else. If allowed to stand, this Decision would literally destroy the United States of America. At the start of this Labor Day weekend, we should all remember that TARIFFS are the best tool to help our Workers, and support Companies that produce great MADE IN AMERICA products. For many years, Tariffs were allowed to be used against us by our uncaring and unwise Politicians. Now, with the help of the United States Supreme Court, we will use them to the benefit of our Nation, and Make America Rich, Strong, and Powerful Again! Thank you for your attention to this matter.
Politico noted that the Friday decision opens the door "for the administration to potentially have to repay billions worth of duties," and pointed to recent warnings from customs and trade experts "that repayments would be a logistical nightmare, and would likely trigger a wave of legal challenges from other businesses and industry groups seeking reimbursement."
Trump's latest legal loss on the tariff front follows various analyses and polling that show the harm his policies are causing. One Accountable.US report from this month highlights comments from grocery executives about passing costs on to consumers, and a recent survey found that 90% of Americans consider the price of groceries a source of stress.
Democrats on the Joint Economic Committee also released a related report earlier this month. As JEC Ranking Member Maggie Hassan (D-N.H.) said at the time, "While President Trump promised that he would expand our manufacturing sector, this report shows that, instead, the chaos and uncertainty created by his tariffs has placed a burden on American manufacturers that could weigh our country down for years to come."
Another mid-August analysis from the Century Foundation and Groundwork Collaborative details the surging cost of school supplies as American families prepared for the 2025-26 academic year. TCF senior fellow Rachel West said that "from his reckless tariffs to his budget law slashing food assistance and federal student loans, Trump's back-to-school message to America's families is crystal clear: Don't expect help, just expect less."
Keep ReadingShow Less
US 'Denying and Revoking' Visas of Palestinian Officials Ahead of UN General Assembly
The Palestinian presidency said the decision—which comes as more and more nations formally recognize Palestine's statehood—"stands in clear contradiction to international law and the UN Headquarters Agreement."
Aug 29, 2025
The Trump administration said Friday that Secretary of State Marco Rubio "is denying and revoking visas from members of the Palestine Liberation Organization and the Palestinian Authority" ahead of next month's United Nations General Assembly in New York.
The US State Department said Friday that "the Trump administration has been clear: It is in our national security interests to hold the PLO and PA accountable for not complying with their commitments, and for undermining the prospects for peace."
"Before the PLO and PA can be considered partners for peace, they must consistently repudiate terrorism—including the October 7 massacre—and end incitement to terrorism in education, as required by US law and as promised by the PLO," the statement continues.
No US administration in modern times has ever demanded that Israel repudiate its generations-long illegal occupation and settler colonization of Palestine, its ongoing genocide in Gaza, or any other violation of international law or human rights.
"The PA must also end its attempts to bypass negotiations through international lawfare campaigns, including appeals to the [International Criminal Court] and [International Court of Justice], and efforts to secure the unilateral recognition of a conjectural Palestinian state," the State Department added. "Both steps materially contributed to Hamas' refusal to release its hostages, and to the breakdown of the Gaza ceasefire talks."
The ICC last year issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity in Gaza, including murder and the forced starvation of Palestinians that is driving a famine that has killed at least hundreds of Palestinians and is starving hundreds of thousands more. The ICJ is currently weighing a genocide case against Israel filed by South Africa—not the PA.
As for ceasefire talks, Matthew Miller, who served as a State Department spokesperson during the Biden administration, recently admitted that Israel habitually torpedoed ceasefire agreements each time they were nearing a conclusion in what he called a sustained effort to "try and sabotage" a deal. Miller repeatedly stood at his podium and told reporters that Hamas was to blame for thwarting a truce.
Miller added that Netanyahu openly admitted to US officials that he wanted to continue the Gaza war for "decades."
It is not clear which Palestinian officials will have their visas denied or revoked. The office of Palestinian Authority President Mahmoud Abbas said in a statement responding to the US announcement that "this decision stands in clear contradiction to international law and the UN Headquarters Agreement—which effectively shields UN member-state officials from US immigration policies—particularly since the state of Palestine is an observer member of the United Nations."
This isn't the first time the US has blocked Palestinian officials from attending a General Assembly. In 1998, the Regan administration denied then-PLO Chair Yasser Arafat a visa and the General Assembly was convened in Geneva instead of New York. There have already been numerous calls to relocate this year's General Assembly to the Swiss city following the US move.
The US announcement comes as more and more countries formally recognize Palestinian statehood or move to do so amid Israel's genocidal assault, siege, and famine in Gaza, which, combined, have left more than 230,000 Palestinians dead, maimed, or missing and the strip in ruins.
Approximately 150 of the UN's 193 member states have officially recognized Palestine. Since October 2023, countries including Australia, Belgium, Canada, France, Malta, Portugal, Slovenia, the United Kingdom, Ireland, Norway, and Spain have either recognized Palestine or announced their intent to do so.
Keep ReadingShow Less
As Abbott Signs Texas Map Rigged for Trump, Missouri GOP Aims to Follow Suit
One critic said Texas Republicans' "reckless, partisan power grab will harm our democracy for years to come."
Aug 29, 2025
Democracy defenders on Friday blasted elected Texas Republicans, including Gov. Greg Abbott, after he signed a new congressional map gerrymandered for the GOP at the request of US President Donald Trump—and Missouri Gov. Mike Kehoe, for launching a copycat effort.
"Gov. Abbott would rather do Trump's dirty work than help the people of Texas," said Brett Edkins, managing director of policy and political affairs at the progressive advocacy group Stand Up America, in a statement.
"For months, he has ignored the real issues affecting Texans, including flood relief, and instead pandered to Trump's demand that he redraw Texas' political maps to rig the 2026 elections and silence communities of color," he continued. "Texas Republicans have started a nationwide redistricting arms race with no end in sight. Their reckless, partisan power grab will harm our democracy for years to come."
Abbott and state lawmakers have been open about aiming to help the GOP retain control of Congress during next year's midterm elections by passing their so-called "One Big Beautiful Map." The governor—who called two special legislative sessions to force through the bill—posted a video of himself signing it on social media and declared that "Texas will be more RED in Congress."
During the first legislative session, dozens of Democrats in the Texas House fled to blue states in a bid to block the map, but they ultimately returned to Austin. After GOP legislators passed the bill, the NAACP and the Lawyers Committee for Civil Rights Under Law filed a lawsuit over the map.
After the governor signed the bill on Friday, Texas Democratic Party Chair Kendall Scudder said in a statement that "with a stroke of the pen, Greg Abbott and the Republicans have effectively surrendered Texas to Washington, DC."
"They love to boast about how 'Texas Tough' they are, but when Donald Trump made one call, they bent over backwards to prioritize his politics over Texans. Honestly, it's pathetic," he said. "I am proud of the Texas Democrats in the House and Senate who chose to fight, whether by a constitutionally protected quorum break, questioning these mapmakers, trying to pass amendments, or even attempting to filibuster."
"This isn't over—we'll see these clowns in court," he pledged. "We aren't done fighting against these racially discriminatory maps, and fully expect the letter of the law to prevail over these sycophantic Republican politicians who think the rules don't apply to them."
The contested map makes five Texas districts for the US House of Representatives that are currently held by Democrats more favorable to Republicans.
While elected Democrats in states such as California have threatened to fight fire with fire and draw Republican congressional districts out of existence, GOP governors—under pressure from the president—have also moved to follow Texas' lead. For example, Missouri Gov. Mike Kehoe on Friday announced a special legislative session to pass his proposed "Missouri First Map."
Responding in a statement, Democratic National Committee (DNC) Chair Ken Martin said that "another Republican governor just caved to the demands of Donald Trump at the expense of Missouri families and American democracy. Time and time again, Missouri Gov. Mike Kehoe has undermined the voice of Missouri voters."
"Now he is attempting to dilute their power altogether by removing the ability of Missourians to stand up against this power grab," Martin continued. "Make no mistake: This all started because Trump and Republicans passed a historically unpopular budget bill that wrecks the working class to reward billionaires. Now, instead of facing the consequences of their votes, Republicans think they can just choose their voters—that's not how this works."
"As California has shown, Democrats are rising up to protect voters' sacred rights, and we're not pulling our punches," he added. "The DNC will stand with Democrats protecting the rights of all Americans as Donald Trump and spineless Republicans try to rig the game against the will of the people."
John Bisognano, president of the National Democratic Redistricting Committee, said that "over the past month, Missourians of all stripes, from proud union members to business leaders, have expressed their opposition to a mid-decade gerrymander, yet Missouri Republicans are choosing to take orders from Washington instead of their constituents."
"Republicans enacted the current congressional map in response to public pressure from Missouri voters," he said. "Their sudden reversal shows that their pursuit of a mid-decade gerrymander is nothing more than a power grab at the expense of the people. Heading into this special session, Missouri Republicans have a choice: They can listen to Missourians, who oppose a mid-decade gerrymander, or they can fold to Donald Trump's demands and face the same level of fierce resistance displayed in Texas."
Keep ReadingShow Less
Most Popular