June, 02 2016, 04:15pm EDT

Environmental Protesters Fight Defamation Lawsuit Filed by Coal Ash Landfill
ACLU Makes Free Speech Case Defending Residents of Low-Income, Majority Black Alabama Town
MOBILE, AL
The American Civil Liberties Union today asked a federal court to dismiss a defamation lawsuit filed against four people who voiced opposition to a coal ash landfill in their small town.
The defendants, all residents of Uniontown, Alabama -- a poor, predominantly Black town with a median per capita income of around $8,000 -- are being sued for $30 million by Georgia-based Green Group Holdings because the residents are fighting the hazardous coal ash that the company keeps in a landfill in a residential area.
"This lawsuit involves speech at the very core of the First Amendment," said Lee Rowland, senior staff attorney with the ACLU's Speech, Privacy, and Technology Project. "No one should have to face a multimillion-dollar federal lawsuit just for engaging in heartfelt community advocacy. All Americans have a right to speak out against hazardous substances being dumped in their home towns, and the Constitution prevents companies from using lawsuits to silence their critics."
In 2009, Arrowhead Landfill in Uniontown became the new host for millions of cubic yards of coal ash after it spilled out of a landfill in Tennessee following a catastrophic dike failure. The coal ash in Tennessee contaminated land, rivers, reservoirs, and shore areas surrounding the landfill with arsenic and lead, leading the Environmental Protection Agency to conclude that there was a potential "imminent and substantial endangerment to the public health."
Residents of Uniontown organized in opposition to what they saw as a racial and environmental injustice, speaking out against the risk to their environment and health, as well as the location of the landfill, which is across the street from several homes and next to one of the town's historic Black cemeteries. Some 35 residents filed a complaint with the EPA's Office of Civil Rights under Title VI of the Civil Rights Act of 1964. The complaint alleges that the Alabama Department of Environmental Management violated their civil rights by allowing the Arrowhead Landfill to locate in their predominately Black neighborhood without adequate protections for the health of residents or the environment.
Some citizens also organized a concerned-citizens' group called the Black Belt Citizens Fighting for Health and Justice, which created a Facebook page that publishes concerns about risks to their environment and health. Green Group sued over the Facebook posts, which included statements such as "we should all have the right to clean air and clean water" and "It affected our everyday life."
The population of Uniontown is 91 percent Black, and 48 percent live below the poverty line. In addition to being the site of the Arrowhead Landfill -- the biggest municipal waste dump in the state -- is also the site of a sewage lagoon, catfish farms, and a large cheese processing plant.
The site of the Arrowhead Landfill was once a plantation where Uniontown residents' Black ancestors -- including both enslaved people and tenant farmers -- picked cotton, and some are buried in graves near the site. Some Black residents now say that they are unsure about the location and treatment of their ancestors' remains.
"State officials would never have allowed the landfill to be here if we were a rich, white neighborhood," said Esther Calhoun, one of the Uniontown residents Green Group is accusing of defamation. "They put it here because we're a poor, Black community and they thought we wouldn't fight back. But we are fighting back and we're not afraid to make our voices heard."
Before filing the defamation suit, a lawyer for Green Group provided the defendants with a list of demands in exchange for not filing the lawsuit. The "settlement proposal" -- which was sent before any lawsuit had been filed -- would have required a full apology from each defendant, full-day interviews about their community advocacy, forensic searches of each of our client's electronic devices, access to the group's future social media postings, and extensive details about Black Belt Citizens' membership, advocacy, and communications with other environmental groups. The proposal also would have required each of the defendants to withdraw as complainants in the federal civil rights complaint filed with the EPA.
"Not only have Black people been expected to endure this kind of systematic racial and environmental injustice throughout our nation's history, they are expected to bear it silently or be subjected to harsh consequences just for advocating for their health and community," said Dennis Parker, director of the ACLU's Racial Justice Program. "We want to ensure that our clients don't have to face that choice in Uniontown."
The defendants in the case are represented by lawyers from the ACLU's Speech, Privacy & Technology Project; the ACLU's Racial Justice Program; the ACLU of Alabama; Charles S. Sims of the law firm Proskauer Rose; and Alabama attorneys Bill Dawson and Matthew Swerdlin.
Today's motion to dismiss, the "settlement proposal" previously offered to the defendants, and other case documents are here:
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Unions Cheer After Judge Halts Trump Order on Federal Workers' Collective Bargaining Rights
"Today's court order is a victory for federal employees, their union rights, and the American people they serve," said the head of the National Treasury Employees Union.
Apr 25, 2025
Labor unions representing federal workers celebrated on Friday after a U.S. district judge blocked President Donald Trump's March executive order intended to strip the collective bargaining rights from hundreds of thousands of government employees.
The National Treasury Employees Union (NTEU) swiftly took action over what union national president Doreen Greenwald called "an attempt to silence the voices of our nation's public servants," filing a lawsuit in in U.S. District Court in the District of Columbia.
Judge Paul Friedman, an appointee of former President Bill Clinton, granted a preliminary injunction on Friday, blocking implementation of the executive order (EO), which aimed to restrict workers' rights under the guise of protecting national security.
CNNreported that during a Wednesday hearing, Friedman questioned "Trump's motive in issuing the order" and "the administration's contention that certain agencies have national security as their primary function, citing the National Institutes of Health, Federal Emergency Management Agency, and Department of Agriculture."
Also reporting on the hearing earlier this week, Politicodetailed:
Attorneys representing the NTEU mentioned that the Trump administration, after issuing the EO, immediately sued an NTEU-affiliate union in Kentucky and Texas—federal districts dominated by Republican appointees.
Shortly after Friedman's hearing Wednesday, U.S. District Judge Danny Reeves, who is hearing the government's case in Kentucky, denied a request from a local NTEU chapter to postpone oral arguments that are scheduled for Friday. Reeves is an appointee of President George W. Bush. A decision in those cases could affect the NTEU's lawsuit before Friedman.
Still, the NTEU welcomed Freidman's Friday decision to halt what it called an "anti-union, anti-federal employee executive order" while also preparing for the Trump administration to "quickly appeal."
"Today's court order is a victory for federal employees, their union rights, and the American people they serve," said Greenwald. "The preliminary injunction granted at NTEU's request means the collective bargaining rights of federal employees will remain intact and the administration's illegal agenda to sideline the voices of federal employees and dismantle unions is blocked."
"NTEU will continue to use every tool available to protect federal employees and the valuable services they provide from these hostile attacks on their jobs, their agencies, and their legally protected rights to organize," she pledged.
The American Federation of Government Employees (AFGE), the nation's largest federal workers union, also applauded Friday's news.
"AFGE congratulates our union siblings at NTEU on their important victory in the D.C. District Court today," said national president Everett Kelley. "This ruling is a major step toward restoring the collective bargaining rights that federal employees are guaranteed under the law."
Kelley added that "AFGE looks forward to arguing our own case against this unlawful executive order in federal court. We are confident that, together, these efforts will secure the full relief federal employees deserve—and send a clear message that no administration is above the law."
Keep ReadingShow Less
Sanders Says Trump Arrest of Wisconsin Judge Is About One Thing Only: 'Unchecked Power'
"Let's be clear. Trump's arrest of Judge Dugan in Milwaukee has nothing to do with immigration. It has everything to do with his moving this country toward authoritarianism."
Apr 25, 2025
U.S. Sen. Bernie Sanders led congressional progressives on Friday in condemning the Trump administration's arrest of a county judge in Wisconsin for allegedly helping an undocumented man evade capture by federal immigration agents.
FBI agents arrested 65-year-old Milwaukee County Circuit Judge Hannah Dugan, who faces felony charges of obstruction and concealing an individual, whom she is accused of giving refuge in her chambers as federal officers sought to arrest him.
In a statement accusing President Donald Trump of "illegally usurping congressional powers," Sanders (I-Vt.) said: "Let's be clear. Trump's arrest of Judge Dugan in Milwaukee has nothing to do with immigration. It has everything to do with his moving this country toward authoritarianism."
"Trump continues to demonstrate that he does not believe in the Constitution, the separation of powers, or the rule of law."
"He is suing media that he dislikes. He is attacking universities whose policies he disagrees with. He is intimidating major law firms who have opposed him," Sanders continued. "He is ignoring a 9-0 Supreme Court decision to bring Kilmar Abrego García back from El Salvador, where he was illegally sent. He is threatening to impeach judges who rule against him."
"Trump's latest attack on the judiciary and Judge Dugan is about one thing—unchecked power," the senator asserted. "He will attack and undermine any institution that stands in his way. Trump continues to demonstrate that he does not believe in the Constitution, the separation of powers, or the rule of law. He simply wants more and more power for himself."
"It is time for my colleagues in the Republican Party who believe in the Constitution to stand up to his growing authoritarianism," Sanders added.
Other progressive lawmakers also condemned Dugan's arrest, with Sen. Ed Markey (D-Mass.) calling this "a red alert moment" that we "all must rise against."
Rep. Mark Pocan (D-Wis.) said on the social media site X: "Judge Dugan's arrest is outrageous and a fear tactic to our independent judiciary. Trump has always thought he was above the law, but now he's enabling his goons to push that limit as far as it can go. His reckless deportations and flaunting of the Constitution will fail."
Rep. Summer Lee (D-Pa.)
said on social media that "arresting judges is the kind of crackdown you see in a police state."
"This is how dictators take power," Lee warned. "They manufacture crises, undermine our institutions, and erode our checks and balances. If they'll come for one, they'll come for all."
Rep. Jasmine Crockett (D-Texas) said that "Trump's playbook is simple: punish anyone who stands in his way."
"This ain't law and order—it's a rise of authoritarianism in real time," she added.
The FBI arrested a Wisconsin judge who stood up for due process for immigrants. This is unprecedented. All of us need to stand up and speak out against arresting judges in this country. We are living in dangerous times.
[image or embed]
— Rep. Ro Khanna ( @khanna.house.gov) April 25, 2025 at 11:07 AM
Accusing the Trump administration of a "shocking" willingness to "weaponize federal law enforcement," Rep. Gwen Moore (D-Wis.) contended that the FBI "coming into a community and arresting a judge is a serious matter" that would require a "high legal bar."
Moore added, "I am very alarmed at this increasingly lawless action of the Trump administration," including U.S. Immigration and Customs Enforcement (ICE), which has "been defying courts and acting with disregard for the Constitution."
Advocacy groups including Voces de la Frontera, Milwaukee Alliance Against Racist and Political Repression (MAARPR), and Milwaukee Turners led a Friday afternoon protest against Dugan's arrest outside the Milwaukee County Courthouse.
HAPPENING NOW: A HUGE crowd of protesters have gathered outside a Milwaukee courthouse to support Judge Hannah Dugan after her arrest earlier today
[image or embed]
— Marco Foster ( @marcofoster.bsky.social) April 25, 2025 at 1:46 PM
"To refer to this heinous attack as alarming would be an understatement," MAARPR said in a statement accusing FBI Director Kash Patel of "intentionally being public with his announcement and accusations" and "seeking to bypass Dugan's due process and label her as a criminal before she even has an opportunity to speak up."
"It's no coincidence that Patel and the FBI have acted this way when the agency has a long history of bypassing any due process," the group said. "They are seeking to send a clear message: Either you play along with Trump's agenda, or pay the consequences."
MAARPR continued:
During this period of racist and political repression, we must stand together to denounce today's actions by the FBI. What happened to Dugan is not new. The FBI and other agencies have been emboldened in recent months, snatching people off the streets, separating families, terrorizing communities, breaking doors down of pro-Palestine activists, and contributing to the unjust deportation of immigrants who don't have criminal records. What is new is that they have gone after a judge.
"The conditions we face are scary, but it will be the people united who can put an end to this terror by the FBI, ICE, and all other agencies committing such acts of injustice," the group added. "The people united will stand against Trump and his agenda."
Keep ReadingShow Less
GOP Wants $27 Billion for Trump's Golden Dome 'Fantasy' While Working to Gut Working-Class Safety Net
"$27 billion for a golden defense dome, yet Republicans want to cut Medicaid," wrote one observer. "Vote accordingly in 2026."
Apr 25, 2025
As Republicans in Congress push forward with a sweeping tax and spending plan that could be be paid for in part by deep cuts to Medicaid and to the Supplemental Nutrition Assistance Program, the GOP plans to add a defense package to that bill which will include "an initial $27 billion boost" for the Golden Dome desired by U.S. President Donald, according to Thursday reporting from Reuters.
Trump has said he wants an "Iron Dome for America"—something akin to Israel's Iron Dome anti-missile defense. In a speech earlier this year he referred to it as a "Golden Dome."
Experts who spoke to NPR recently said that building a Golden Dome would be more complicated than Israel's Iron Dome for multiple reasons. Dylan Spaulding, a senior scientist with the Union of Concerned Scientists, earlier this week called the Golden Dome idea a "complete fantasy."
According to Reuters, which cited "a document" and a congressional aide, the $27 billion would be a part of a $150 billion defense package Republicans plan to introduce. "It will be part of Trump's sweeping tax cuts bill, which will cut taxes by about $5 trillion and add approximately $5.7 trillion to the federal government's debt over the next decade," per the outlet. The measure, if passed, will also fund the construction of 14 warships and increase homeland security spending.
"The $27 billion investment in Golden Dome will fund the building of more missile interceptors and the purchase of Terminal High Altitude Area Defense (THAAD) antiballistic missile batteries, according to the congressional aide. THAAD is made by Lockheed Martin," the defense contractor, Reuters reported.
According to reporting from the outlet last week, billionaire "Elon Musk's SpaceX and two partners have emerged as front-runners to win a crucial part of the Golden Dome program that would track incoming missiles."
Bob Peterson, a senior research fellow for strategic deterrence at the right-wing think tank the Heritage Foundation, applauded the move. Peterson shared Reuters' reporting and wrote on Friday: "This is an important start to building Golden Dome. I sincerely hope this passes so that missile defense will protect all Americans from our adversaries."
Not everyone is enthusiastic about the spending.
One observer wrote on social media: "Golden Dome missile defense shield? WTF. $27 billion for a golden defense dome, yet Republicans want to cut Medicaid and Social Security. Vote accordingly in 2026."
"More than 180 companies are interested, but Musk's Space X just so happens to be the 'front-runner' for the contracts," wrote Rep. Greg Casar (D-Texas), reacting to earlier reporting from Reuters about Musk's potential involvement in the project. "Shut this corrupt deal down. No cuts to Medicaid and Social Security to pay for more Musk contracts."
Keep ReadingShow Less
Most Popular