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Lisa Evans, Earthjustice Senior Counsel, levans@earthjustice.org, 781.631.4119
WASHINGTON - Unlined pits filled with coal ash waste are leaking toxic substances - including arsenic - into groundwater near old coal-burning power plants in eight states, an Earthjustice review of 14 industry reports has found.
Coal ash - what's left after a power plant burns coal - is dumped into pits at approximately 1,400 sites around the country and poses threats to drinking water, neighborhoods, and air quality. The pits are unlined, so toxics can seep into groundwater.
"Hundreds more power plants will be making their required groundwater tests available online soon - and this is critical information that communities need to protect their drinking water from toxic pollution," said Earthjustice Senior Counsel Lisa Evans. "From just this initial survey of these reports, we can see that groundwater contamination from coal ash pits is a grave concern."
Under a 2015 U.S. Environmental Protection Agency coal ash rule, all U.S. electric generating utilities were required to analyze groundwater pollution at each of their operating coal ash dumps by January 31, 2018 and publish the results online by March 2nd.
To date, the largest electric utilities in the nation have not posted the results of their groundwater monitoring, including Duke Energy, First Energy, Ameren, NRG, AES and Dominion. By law, these reports are already completed, but all of the major utility companies are delaying public posting until the March 2 deadline.
Because most coal ash dumps are unlined and many have already been found to be leaking deadly chemicals, like arsenic, hexavalent chromium, lead and thallium (rat poison), these first-ever groundwater monitoring reports are critically important to the safety of the nation's drinking water. The EPA and environmental groups have already confirmed over 200 cases of water contamination from leaking coal ash sites.
A review of the reports that some of the country's smaller utilities have posted online reveals that a majority have groundwater contamination.
Out of the 14 power plants so far that posted test results and analyses, nine noted "statistically significant increases" of substances such as arsenic, antimony, molybdenum, lithium, boron, chlorides, pH and more in groundwater. Three additional plants confirmed findings of preliminary contamination, but have not completed testing and analysis. The data also reveal levels of arsenic and radium above drinking water standards in some groundwater wells.
The plants are located in eight states spanning from Florida to Alaska. Under the EPA's coal ash rule, power plants that find contamination will have to do more testing and come up with cleanup plans to protect groundwater.
"Coal ash is a silent, tasteless killer," Evans said. "But once the pollution is discovered, the EPA's coal ash rule requires protection and cleanup. That's why it is critical that this law stay in effect."
As soon as President Donald Trump took office, polluters petitioned the EPA to weaken the critical protections of the coal ash rule. EPA Administrator Scott Pruitt quickly complied by writing a new rule. It's unknown when the EPA will publish the new rule, but it is anticipated that the proposed rule will be published later this month.
"The groundwater testing reports we examined reveal that the EPA's coal ash rule is working as planned and will help protect aquifers near coal ash dumps from further pollution," Evans said. "Communities that rely on this water for drinking should sleep better knowing that the existing federal law requires full disclosure of the hazardous chemicals leaking from these toxic dumps."
The following ten plants have confirmed online that coal ash has contaminated groundwater:
1. Xcel Energy Sherburn County (Sherco) Generating Plant, Becker, MN
2. Golden Valley Electric Association, Healy Power Plant, Healy, AK
3. Gainesville Regional Utilities, Deerhaven Generating Station, Gainesville FL
4. Crisp County Power Commission, Crisp Power Plant, Warwick GA; Also this link
5. Muscatine Power and Water, Muscatine Power and Water, Muscatine, IA
6. Holland Board of Public Works, James DeYoung Power Plant, Holland, MI. Also this link
7. City of Fremont Utilities, Fremont Power Plant, Fremont, NE
8. Omaha Public Power District, North Omaha Station, Omaha, NE
9. Omaha Public Power District, Nebraska City Power Station, Nebraska City, NE
10. Transalta Centralia Power Plant, Centralia, WA
All utility coal ash websites are posted at this link.
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"This sends a chilling message that the U.S. is willing to overlook some abuses, signaling that people experiencing human rights violations may be left to fend for themselves," said one Amnesty campaigner.
After leaked drafts exposed the Trump administration's plans to downplay human rights abuses in some allied countries, including Israel, the U.S. Department of State released the final edition of an annual report on Tuesday, sparking fresh condemnation.
"Breaking with precedent, Secretary of State Marco Rubio did not provide a written introduction to the report nor did he make remarks about it," CNN reported. Still, Amanda Klasing, Amnesty International USA's national director of government relations and advocacy, called him out by name in a Tuesday statement.
"With the release of the U.S. State Department's human rights report, it is clear that the Trump administration has engaged in a very selective documentation of human rights abuses in certain countries," Klasing said. "In addition to eliminating entire sections for certain countries—for example discrimination against LGBTQ+ people—there are also arbitrary omissions within existing sections of the report based on the country."
Klasing explained that "we have criticized past reports when warranted, but have never seen reports quite like this. Never before have the reports gone this far in prioritizing an administration's political agenda over a consistent and truthful accounting of human rights violations around the world—softening criticism in some countries while ignoring violations in others. The State Department has said in relation to the reports less is more. However, for the victims and human rights defenders who rely on these reports to shine light on abuses and violations, less is just less."
"Secretary Rubio knows full well from his time in the Senate how vital these reports are in informing policy decisions and shaping diplomatic conversations, yet he has made the dangerous and short-sighted decision to put out a truncated version that doesn't tell the whole story of human rights violations," she continued. "This sends a chilling message that the U.S. is willing to overlook some abuses, signaling that people experiencing human rights violations may be left to fend for themselves."
"Failing to adequately report on human rights violations further damages the credibility of the U.S. on human rights issues," she added. "It's shameful that the Trump administration and Secretary Rubio are putting politics above human lives."
The overarching report—which includes over 100 individual country reports—covers 2024, the last full calendar year of the Biden administration. The appendix says that in March, the report was "streamlined for better utility and accessibility in the field and by partners, and to be more responsive to the underlying legislative mandate and aligned to the administration's executive orders."
As CNN detailed:
The latest report was stripped of many of the specific sections included in past reports, including reporting on alleged abuses based on sexual orientation, violence toward women, corruption in government, systemic racial or ethnic violence, or denial of a fair public trial. Some country reports, including for Afghanistan, do address human rights abuses against women.
"We were asked to edit down the human rights reports to the bare minimum of what was statutorily required," said Michael Honigstein, the former director of African Affairs at the State Department's Bureau of Human Rights, Democracy, and Labor. He and his office helped compile the initial reports.
Over the past week, since the draft country reports leaked to the press, the Trump administration has come under fire for its portrayals of El Salvador, Israel, and Russia.
The report on Israel—and the illegally occupied Palestinian territories, the Gaza Strip and the West Bank—is just nine pages. The brevity even drew the attention of Israeli media. The Times of Israel highlighted that it "is much shorter than last year's edition compiled under the Biden administration and contained no mention of the severe humanitarian crisis in Gaza."
Since the Hamas-led October 7, 2023 attack on Israel, Israeli forces have slaughtered over 60,000 Palestinians in Gaza, according to local officials—though experts warn the true toll is likely far higher. As Israel has restricted humanitarian aid in recent months, over 200 people have starved to death, including 103 children.
The U.S. report on Israel does not mention the genocide case that Israel faces at the International Court of Justice over the assault on Gaza, or the International Criminal Court arrest warrants issued for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity.
The section on war crimes and genocide only says that "terrorist organizations Hamas and Hezbollah continue to engage in the
indiscriminate targeting of Israeli civilians in violation of the law of armed conflict."
As the world mourns the killing of six more Palestinian media professionals in Gaza this week—which prompted calls for the United Nations Security Council to convene an emergency meeting—the report's section on press freedom is also short and makes no mention of the hundreds of journalists killed in Israel's annihilation of the strip:
The law generally provided for freedom of expression, including for members of the press and other media, and the government generally respected this right for most Israelis. NGOs and journalists reported authorities restricted press coverage and limited certain forms of expression, especially in the context of criticism against the war or sympathy for Palestinians in Gaza.
Noting that "the human rights reports have been among the U.S. government's most-read documents," DAWN senior adviser and 32-year State Department official Charles Blaha said the "significant omissions" in this year's report on Israel, Gaza, and the West Bank render it "functionally useless for Congress and the public as nothing more than a pro-Israel document."
Like Klasing at Amnesty, Sarah Leah Whitson, DAWN's executive director, specifically called out the U.S. secretary of state.
"Secretary Rubio has revamped the State Department reports for one principal purpose: to whitewash Israeli crimes, including its horrific genocide and starvation in Gaza. The report shockingly includes not a word about the overwhelming evidence of genocide, mass starvation, and the deliberate bombardment of civilians in Gaza," she said. "Rubio has defied the letter and intent of U.S. laws requiring the State Department to report truthfully and comprehensively about every country's human rights abuses, instead offering up anodyne cover for his murderous friends in Tel Aviv."
The Tuesday release came after a coalition of LGBTQ+ and human rights organizations on Monday filed a lawsuit against the U.S. State Department over its refusal to release the congressionally mandated report.
This article has been updated with comment from DAWN.
"We will not sit idly by while political leaders manipulate voting maps to entrench their power and subvert our democracy," said the head of Common Cause.
As Republicans try to rig congressional maps in several states and Democrats threaten retaliatory measures, a pro-democracy watchdog on Tuesday unveiled new fairness standards underscoring that "independent redistricting commissions remain the gold standard for ending partisan gerrymandering."
Common Cause will hold an online media briefing Wednesday at noon Eastern time "to walk reporters though the six pieces of criteria the organization will use to evaluate any proposed maps."
The Washington, D.C.-based advocacy group said that "it will closely evaluate, but not automatically condemn, countermeasures" to Republican gerrymandering efforts—especially mid-decade redistricting not based on decennial censuses.
Amid the gerrymandering wars, we just launched 6 fairness criteria to hold all actors to the same principled standard: people first—not parties. Read our criteria here: www.commoncause.org/resources/po...
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— Common Cause (@commoncause.org) August 12, 2025 at 12:01 PM
Common Cause's six fairness criteria for mid-decade redistricting are:
"We will not sit idly by while political leaders manipulate voting maps to entrench their power and subvert our democracy," Common Cause president and CEO Virginia Kase Solomón said in a statement. "But neither will we call for unilateral political disarmament in the face of authoritarian tactics that undermine fair representation."
"We have established a fairness criteria that we will use to evaluate all countermeasures so we can respond to the most urgent threats to fair representation while holding all actors to the same principled standard: people—not parties—first," she added.
Common Cause's fairness criteria come amid the ongoing standoff between Republicans trying to gerrymander Texas' congressional map and Democratic lawmakers who fled the state in a bid to stymie a vote on the measure. Texas state senators on Tuesday approved the proposed map despite a walkout by most of their Democratic colleagues.
Leaders of several Democrat-controlled states, most notably California, have threatened retaliatory redistricting.
"This moment is about more than responding to a single threat—it's about building the movement for lasting reform," Kase Solomón asserted. "This is not an isolated political tactic; it is part of a broader march toward authoritarianism, dismantling people-powered democracy, and stripping away the people's ability to have a political voice and say in how they are governed."
"Texas law is clear: A pregnant person cannot be arrested and prosecuted for getting an abortion. No one is above the law, including officials entrusted with enforcing it," said an ACLU attorney.
When officials in Starr County, Texas arrested Lizelle Gonzalez in 2022 and charged her with murder for having a medication abortion—despite state law clearly prohibiting the prosecution of women for abortion care—she spent three days in jail, away from her children, and the highly publicized arrest was "deeply traumatizing."
Now, said her lawyers at the ACLU in court filings on Tuesday, officials in the county sheriff's and district attorney's offices must be held accountable for knowingly subjecting Gonzalez to wrongful prosecution.
Starr County District Attorney Gocha Ramirez ultimately dismissed the charge against Gonzalez, said the ACLU, but the Texas bar's investigation into Ramirez—which found multiple instances of misconduct related to Gonzalez's homicide charge—resulted in only minor punishment. Ramirez had to pay a small fine of $1,250 and was given one year of probated suspension.
"Without real accountability, Starr County's district attorney—and any other law enforcement actor—will not be deterred from abusing their power to unlawfully target people because of their personal beliefs, rather than the law," said the ACLU.
The state bar found that Ramirez allowed Gonzalez's indictment to go forward despite the fact that her homicide charge was "known not to be supported by probable cause."
Ramirez had denied that he was briefed on the facts of the case before it was prosecuted by his office, but the state bar "determined he was consulted by a prosecutor in his office beforehand and permitted it to go forward."
"Without real accountability, Starr County's district attorney—and any other law enforcement actor—will not be deterred from abusing their power to unlawfully target people because of their personal beliefs, rather than the law."
Sarah Corning, an attorney at the ACLU of Texas, said the prosecutors and law enforcement officers "ignored Texas law when they wrongfully arrested Lizelle Gonzalez for ending her pregnancy."
"They shattered her life in South Texas, violated her rights, and abused the power they swore to uphold," said Corning. "Texas law is clear: A pregnant person cannot be arrested and prosecuted for getting an abortion. No one is above the law, including officials entrusted with enforcing it."
The district attorney's office sought to have the ACLU's case dismissed in July 2024, raising claims of legal immunity.
A court denied Ramirez's motion, and the ACLU's discovery process that followed revealed "a coordinated effort between the Starr County sheriff's office and district attorney's office to violate Ms. Gonzalez's rights."
The officials' "wanton disregard for the rule of law and erroneous belief of their own invincibility is a frightening deviation from the offices' purposes: to seek justice," said Cecilia Garza, a partner at the law firm Garza Martinez, who is joining the ACLU in representing Gonzalez. "I am proud to represent Ms. Gonzalez in her fight for justice and redemption, and our team will not allow these abuses to continue in Starr County or any other county in the state of Texas."
Gonzalez's fight for justice comes as a wrongful death case in Texas—filed by an "anti-abortion legal terrorist" on behalf of a man whose girlfriend use medication from another state to end her pregnancy—moves forward, potentially jeopardizing access to abortion pills across the country.