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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
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.
800-584-6460"We must end any form of political violence—and reject those who try to exploit it," one Democratic congresswoman asserted.
Senior Trump administration officials on Monday made fresh threats to crack down on a nonexistent left-wing "domestic terror movement" following last week's assassination of Charlie Kirk—a move that critics called an attempt to exploit the far-right firebrand's murder to advance an authoritarian agenda targeting nonviolent opposition.
Even as investigators work to determine the motive of Kirk's killer, members of Trump's inner circle and supporters have amplified an unfounded narrative of a coordinated leftist movement targeting conservatives.
According to The New York Times:
On Monday, two senior administration officials, who spoke anonymously to describe the internal planning, said that Cabinet secretaries and federal department heads were working to identify organizations that funded or supported violence against conservatives. The goal, they said, was to categorize left-wing activity that led to violence as domestic terrorism, an escalation that critics said could lay the groundwork for crushing anti-conservative dissent more broadly.
Appearing on the latest episode of "The Charlie Kirk Show" podcast—which was guest hosted by US Vice President JD Vance—White House Deputy Chief of Staff Stephen Miller said that "we are going to use every resource we have at the Department of Justice, Homeland Security, and throughout this government to identify, disrupt, dismantle, and destroy these networks and make America safe again for the American people."
"It will happen, and we will do it in Charlie’s name," Miller vowed.
Vance said during the podcast that he wanted to explore “all of the ways that we’re trying to figure out how to prevent this festering violence that you see on the far left from becoming even more and more mainstream."
“You have the crazies on the far left who are saying, ‘Oh, Stephen Miller and JD Vance, they’re going to go after constitutionally protected speech,'” the vice president said. “We’re going to go after the network that foments, facilitates, and engages in violence."
Vance, who like Trump and numerous supporters claim to champion free speech, also took aim at "people who are celebrating" Kirk's killing.
Another unnamed administration official told the Times Monday that government agencies would be investigating people, including those accused of vandalizing Tesla electric vehicles and dealerships and allegedly assaulting federal immigration agents, in an effort to implicate US leftists in political violence.
Vance and Miller's threats ignored right-wing violence—which statistically outpaces left-wing attacks—including the recent assassinations of Democratic Minnesota House Speaker Melissa Hortman and her husband Mark Hortman, who were murdered in June by a right-wing masked gunman disguised as a police officer.
Investigative reporter Jason Paladino reported last week that the US Department of Justice apparently removed an academic study previously published on the National Institute for Justice's online library showing that "since 1990, far-right extremists have committed far more ideologically motivated homicides than far-left or radical Islamist extremists, including 227 events that took more than 520 lives" versus "42 ideologically motivated attacks that took 78 lives" committed by "far-left extremists."
“Militant, nationalistic, white supremacist violent extremism has increased in the United States. In fact, the number of far-right attacks continues to outpace all other types of terrorism and domestic violent extremism.”The Trump DOJ scrubbed this study from their website.
[image or embed]
— Mehdi Hasan (@mehdirhasan.bsky.social) September 12, 2025 at 6:43 PM
Responding to Miller's remarks, New Republic staff writer Greg Sargent noted on social media that "Stephen Miller was directly involved in one of the largest acts of organized domestic political violence the United States has seen in modern times, the January 6 [2021] insurrection."
Congresswoman Diana DeGette (D-Colo.) weighed in Monday on Miller's attempt to exploit Kirk's murder, writing on the social media site Bluesky that "it's never acceptable to kill someone for their political beliefs. But the Trump [administration] exploiting the shooting of Charlie Kirk to follow their authoritarian instincts and crack down on the left is incredibly disturbing."
"We must end any form of political violence—and reject those who try to exploit it," she added.
Democratic California Gov. Gavin Newsom noted Monday on social media that Miller "has already publicly labeled the Democratic Party as a terrorist organization."
"This isn’t about crime and safety," Newsom added. "It’s about dismantling our democratic institutions. We cannot allow acts of political violence to be weaponized and used to threaten tens of millions of Americans."
The progressive Working Families Party (WFP) said Monday on social media that "JD Vance and Stephen Miller want to use the horrifying murder of Charlie Kirk to target and dismantle pro-democracy groups."
"Their comments call to mind some of the darkest periods in US history," WFP continued. "They're dividing people based on what box we ticked on our voter registration."
Vance and Miller "want to stoke fear and resentment to justify their un-American crackdowns on free speech, mass abductions of working people, and military takeovers of our cities," WFP added. "This isn't going to fly. We’ve survived crises like this before as a country, and we can choose to live in a place where our political freedoms are protected, where we settle disagreements with words not weapons, and where no one has to fear losing a loved one to gun violence."
"There is no legal justification for this military strike," said one Amnesty International campaigner. "The US must be held accountable."
President Donald Trump said Monday that the US carried out a fresh strike on what he said was a boat used by Venezuelan drug gangs, killing three people in what one human rights campaigner called another "extrajudicial execution."
"This morning, on my Orders, US Military Forces conducted a SECOND Kinetic Strike against positively identified, extraordinarily violent drug trafficking cartels and narcoterrorists in the [US Southern Command] area of responsibility," Trump said on his Truth Social network. "The Strike occurred while these confirmed narcoterrorists from Venezuela were in International Waters transporting illegal narcotics (A DEADLY WEAPON POISONING AMERICANS!) headed to the US."
"These extremely violent drug trafficking cartels POSE A THREAT to US National Security, Foreign Policy, and vital US Interests," the Republican president continued. "The Strike resulted in three male terrorists killed in action. No US Forces were harmed in this Strike."
"BE WARNED—IF YOU ARE TRANSPORTING DRUGS THAT CAN KILL AMERICANS, WE ARE HUNTING YOU!" Trump added. "The illicit activities by these cartels have wrought DEVASTATING CONSEQUENCES ON AMERICAN COMMUNITIES FOR DECADES, killing millions of American Citizens. NO LONGER. Thank you for your attention to this matter!!!"
US President Trump just announced that a second drug smuggling boat from Venezuela was hit by a US airstrike in the Caribbean, killing 3 people on board the boat.#Venezuela pic.twitter.com/dO34gYr9GZ
— CNW (@ConflictsW) September 15, 2025
Responding to arguments by legal experts and Venezuelan officials that the September 2 strike was illegal, Trump said Sunday that "what's illegal are the drugs that were on the boat... and the fact that 300 million people died last year from drugs."
Only 62 million people died in the entire world of all causes last year, making Trump's claim impossibly false.
Monday's attack followed the September 2 bombing of a vessel allegedly transporting cocaine off the Venezuelan coast, a strike that killed 11 people. Venezuelan officials say none of the 11 men were members of the Tren de Aragua gang, as claimed by Trump.
On his first day back in the White House, Trump signed an executive order designating drug cartels as foreign terrorist organizations. Last month, the president reportedly signed a secret order directing the Pentagon to use military force to combat drug cartels abroad, sparking fears of renewed US aggression in a region that has endured well over 100 US attacks, invasions, occupations, and other interventions since the issuance of the dubious Monroe Doctrine in 1823.
The Intercept's Nick Turse reported Monday that the Trump administration's recently rebranded Department of War "is thwarting congressional oversight" of the September 2 attack.
“I’m incredibly disturbed by this new reporting that the Trump administration launched multiple strikes on the boat off Venezuela,” Congresswoman Sara Jacobs (D-Calif.) said in response to Turse's reporting. “They didn’t even bother to seek congressional authorization, bragged about these killings—and teased more to come.”
Common Dreams reported last week that Congresswoman Ilhan Omar (D-Minn.) introduced a war powers resolution seeking to restrain Trump from conducting attacks in the Caribbean.
Also last week, Sen. Tim Kaine (D-Va.) led a letter signed by two dozen Democratic colleagues and Sen. Bernie Sanders (I-Vt.) asserting that the Trump administration offered "no legitimate justification" for the first boat strike.
It's not just congressional Democrats who have decried Trump's September 2 attack. Last week, Sen. Rand Paul (R-Ky.) said that "the recent drone attack on a small speedboat over 2,000 miles from our shore without identification of the occupants or the content of the boat is in no way part of a declared war, and defies our longstanding Coast Guard rules of engagement."
“What a despicable and thoughtless sentiment it is to glorify killing someone without a trial," Paul later added.
Paul also mirrored Democratic lawmakers' questioning of Trump's narrative that the boat bombed on September 2 was heading to the United States.
Echoing congressional critics, Daphne Eviatar, director of Amnesty International's Security With Human Rights program, said of Monday's attack, "Today, President Trump claimed his administration carried out another lethal strike against a boat in the Caribbean."
"This is an extrajudicial execution, which is murder," Eviatar added. "There is no legal justification for this military strike. The US must be held accountable."
"Cluster munitions are banned for a reason: Civilians, including children, account for the vast majority of casualties," said one rights advocate.
Human rights leaders on Monday called on the 112 countries that are party to a treaty banning cluster munitions to reinforce the ban and demand that other governments sign on to the agreement, as they released an annual report showing that the bombs only serve to cause civilian suffering—sometimes long after conflicts have ended.
The governance board of the International Campaign to Ban Landmines (ICBL) and the Cluster Munition Coalition (CMC) released the 16th annual Cluster Munition Monitor on Monday, compiling data on the impact of cluster munitions for 2024 and revealing that all reported cluster bomb casualties last year were civilians—and close to half, 42%, were children.
Cluster bombs are particularly dangerous to civilians because after being dropped from aircraft or fired by rockets or other weapon, they open in the air and send multiple submunitions over wide areas—often leaving unexploded bomblets that are sometimes mistaken by children for harmless toys, and can kill and injure people in populated areas for years or even decades after the initial bombing.
The report, which was released as officials prepare to convene in Geneva for the Cluster Munitions Conference, says at least 314 global casualties from cluster munitions were recorded in 202, with 193 civilians killed in attacks in Ukraine—plus 15 who were killed by unexploded munitions.
Since the Convention on Cluster Munitions was adopted in 2008, none of the 112 signatories have used cluster bombs—but countries that are not party to the convention, including Russia and Ukraine, used the munitions throughout 2024 and into this year, and the US has said it transferred cluster bombs to Ukraine at least seven times between July 2023-October 2024.
The report details recent uses of cluster bombs, the impact of which may not be known for years as civilians remain at risk from the unexploded bombs, including by Thailand—by its own apparent admission—in its border conflict with Cambodia and allegedly by Iran, which Israel claimed used cluster munitions in its attack in June. Cluster munitions have also reportedly been used in recent years in Myanmar—including at schools—and Syria.
"Governments should now act to reinforce the stigma against these indiscriminate weapons and condemn their continued use."
This year, the withdrawal of Lithuania from the Convention on Cluster Munitions—an unprecedented step—garnered condemnation from at least 47 countries. While it had never previously used or stockpiled cluster bombs, the country said it was necessary to have the option of using the munitions "to face increased regional security threats."
The casualties that continued throughout 2024 and into 2025 "demonstrate the need to clear more contaminated land and to provide more assistance to victims," said Human Rights Watch, a co-founder of CMC.
"The Convention on Cluster Munitions has over many years made significant progress in reducing the human suffering caused by cluster munitions," said Mark Hiznay, associate crisis, conflict, and arms director for HRW. "Governments should now act to reinforce the stigma against these indiscriminate weapons and condemn their continued use."
The report notes that funding cuts by donor states including the US, which under the second term of President Donald Trump has cut funding for landmine and cluster bomb clearance and aid, have left many affected countries struggling to provide services to survivors.
Children, the report notes, are often particularly in need of aid after suffering the effects of cluster munitions, as they are "more vulnerable to injury and frequently require repeated surgeries, regular prosthetic replacements as they grow, and long-term opportunities to access physical rehabilitation and psychological support."
"Without adequate care for children, complications can worsen, affecting their schooling, social interactions, mental health, and overall well-being," explained IBCL and CMC.
At the Cluster Munitions Conference taking place from September 16-19, said Anne Héry, advocacy director for the group Humanity and Inclusion, states must "reaffirm their commitment to this vital treaty."
"Cluster munitions are banned for a reason: Civilians, including children, account for the vast majority of casualties," said Héry. "Questioning the convention is unacceptable. States convening at the annual Cluster Munition Conference must reaffirm their strong attachment to the treaty and their condemnation of any use by any party."