October, 22 2018, 12:00am EDT
For Immediate Release
Contact:
Thom Cmar, Earthjustice, (212) 845-7376 x7387, tcmar@earthjustice.org
Maia Raposo, Waterkeeper Alliance, (212) 747-0622 x116, mraposo@waterkeeper.org
Tom Pelton, Environmental Integrity Project, (443) 510-2574, tpelton@environmentalintegrity.org
Andrew Rehn, Prairie Rivers Network, (217) 344-2371 x208, arehn@prairierivers.org
Michael Kelly, Clean Water Action, (202) 895-0420x103, mkelly@cleanwater.org
Brian Willis, Sierra Club, (202) 253-7486, Brian.Willis@sierraclub.org
Grace Olscamp, HEAL Utah, (801) 994-4784, grace@healutah.org
Tim Maloney, Hoosier Environmental Council, (317) 685-8800, ext. 1006, tmaloney@hecweb.org
Environmental Groups Challenge Trump Administration Coal Ash Rule Rollback in Court
In wake of recent court decision, EPA’s watering down of coal ash regulations on weak footing
WASHINGTON
Today, Environmental groups filed a petition for review in the U.S. Court of Appeals for the D.C. Circuit challenging an EPA rule designed to gut coal ash disposal regulations that provide environmental safeguards for communities living near toxic coal ash waste dumps.
In March of 2018, the EPA proposed the rollbacks in response to an industry petition to the Trump Administration. The rule was finalized in July, and modifies the Obama-era Coal Ash Rule from 2015. Under the Trump Administration changes, power plant owners have more time to clean up leaking coal ash disposal sites that have been shown to have contaminated groundwater. The new rule also allows state-run coal ash permit programs to include loopholes such as allowing states to waive groundwater monitoring requirements under certain circumstances.
A recent court decision casts serious doubt on the legality of these rollbacks. In August, the D.C. Circuit ruled in favor of environmental groups' lawsuit challenging that the original Obama-era rule was unlawfully weak in several key respects. In particular, the court struck down provisions of the 2015 Coal Ash Rule that exempted impoundments at closed coal plants and allowed coal ash impoundments that are unlined or only underlain by inadequate clay liners to continue to operate. The EPA must now draft rules to address more than 100 "legacy" coal ash ponds at retired coal plant sites. The EPA is also now required to address the closure of over 600 unlined or clay-lined coal ash ponds in response to the court's decision.
"The risk that legacy impoundments and insufficiently lined coal ash ponds pose is too great to let another hurricane season go by without addressing the problem," said Thomas Cmar, deputy managing attorney for the coal program at Earthjustice. "The dam breach at the Sutton Plant that spewed toxic coal ash into the Cape Fear River in the wake of flooding from Hurricane Florence should make it clear that there's no time to waste."
"Throughout the country, in the absence of adequate regulation by EPA, coal ash has been irresponsibly disposed of," said Larissa Liebmann, staff attorney at Waterkeeper Alliance. "This leaves communities and waterways vulnerable to long-term contamination, as well as spills like we saw in North Carolina with Hurricane Florence. EPA needs to stop catering to industry and start protecting the public."
"The Trump EPA is a rogue agency, out of step with both its mission and the law," said Environmental Integrity Project attorney Abel Russ. "The courts are telling EPA that the coal ash rule is not strong enough, and meanwhile EPA is trying to weaken the rule. It's absurd. The American people deserve better."
Andrew Rehn, water resources engineer for the Prairie Rivers Network said, "Illinois needs the US EPA to step up it's protections on coal ash, not back away from them. Illinois's only National Scenic River is constantly being polluted by seepage from a coal ash pit at a closed power plant, and it's not the only waterway in Illinois with coal ash sitting on the riverbank."
"It's clear the Trump administration doesn't value protecting human health, especially if corporate special interests could be slightly inconvenienced," said Jennifer Peters, National Water Programs Director for Clean Water Action. "This outrageous scheme would let coal plants put communities, families, and water at risk with impunity. It's time for EPA to listen to the courts and the public and strengthen, not weaken coal ash safeguards."
"It's clear that former coal lobbyist and current acting EPA Administrator Andrew Wheeler has an open door policy when it comes to the coal industry," said Mary Anne Hitt, Senior Director of the Sierra Club's Beyond Coal Campaign. "Coal ash is a dangerous, widespread problem, but instead of safeguarding the public from its devastating effects, Wheeler is once again ignoring the issue in order to placate his former clients. Without strong federal coal ash regulations, polluters will continue to dump their toxic coal ash waste in unlined pits that will continue failing, endangering drinking water and public safety. The courts have already agreed the risks posed by coal ash can no longer be ignored, and that's why we're fighting this most-recent Wheeler roll back."
"The efforts of the current administration to roll back environmental safeguards are a direct threat to public health and safety," Dr. Scott Williams, Executive Director of HEAL Utah said. "We can't sit by idly and allow these rules to be eliminated. If we do, our most vulnerable populations - our elders and our children - will suffer needlessly from our lack of action."
The petition was filed by Earthjustice, The Environmental Integrity Project, and Sierra Club, on behalf of Clean Water Action, Hoosier Environmental Council, Prairie Rivers Network, HEAL Utah, and Waterkeeper Alliance.
LATEST NEWS
At Least 95 Palestinians Killed in Israeli Attacks Including Massacres at Beach Café, Aid Points
"I saw body parts flying everywhere, and bodies cut and burned," said one eyewitness to a strike on the popular al-Baqa Café.
Jun 30, 2025
Israeli forces ramped up their genocidal assault on the Gaza Strip Monday, killing at least 95 Palestinians in attacks including massacres at a seaside café and a humanitarian aid distribution center and bombings of five school shelters housing displaced families and a hospital where refugees were sheltering in tents.
An Israeli strike targeted the al-Baqa Café in western Gaza City, one of the few operating businesses remaining after 633 days of Israel's obliteration of the coastal strip and a popular gathering place for journalists, university students, artists, and others seeking reliable internet service and a respite from nearly 21 months of near-relentless attacks.
Medical sources said at least 33 civilians were killed and nearly 50 others wounded in the massacre, including footballer Mustafa Abu Amira, photojournalist Ismail Abu Hatab—who survived an earlier Israeli airstrike and is reportedly the 227th journalists killed by Israel since October 2023—and prominent artist Frans Al-Salmi, whose final painting depicting a young Palestinian woman killed by Israeli forces resembles photographs of its slain creator posted on social media after her killing.
Warning: Photos shows image of death
Survivor Ali Abu Ateila toldThe Associated Press that the café was crowded with women and children at the time of the attack.
"Without a warning, all of a sudden, a warplane hit the place, shaking it like an earthquake," he said.
Another survivor of the massacre told Britain's Sky News: "All I see is blood... Unbelievable. People come here to take a break from what they see inside Gaza. They come westward to breathe."
Eyewitness Ahmed Al-Nayrab toldAgence France-Presse that a "huge explosion shook the area."
"I saw body parts flying everywhere, and bodies cut and burned," he said. "It was a scene that made your skin crawl."
Witnesses and officials said Israeli Defense Forces (IDF) troops opened fire on Palestinians seeking food and other humanitarian aid from a U.S.-backed Gaza Humanitarian Foundation distribution point in southern Gaza, killing 15 people amid near-daily massacres of aid-seekers.
"We were targeted by artillery," survivor Monzer Hisham Ismail told The Associated Press. Another survivor, Yousef Mahmoud Mokheimar, told the AP that Israeli troops "fired at us indiscriminately." Mokheimar was shot in the leg, another man who tried to rescue him was also shot.
IDF troops have killed nearly 600 Palestinian aid-seekers and wounded more than 4,000 others over the past month, with Israeli military officers and soldiers saying they were ordered to deliberately fire on civilians in search of food and other necessities amid Israel's weaponized starvation of Gaza.
Another 13 people were reportedly killed Monday when IDF warplanes bombed an aid warehouse in the Zeitoun quarter of southern Gaza City, according to al-Ahli Baptist Hospital officials cited by The Palestine Chronicle. IDF warplanes also reportedly bombed five schools housing displaced families, three of them in Zeitoun. Israeli forces also bombed the courtyard of al-Aqsa Hospital in Deir al-Balah in central Gaza, where thousands of forcibly displaced Palestinian families are sheltering in tents. It was reportedly the 12th time the hospital has been bombed since the start of the war.
The World Health Organization has documented more than 700 attacks on Gaza healthcare facilities since October 2023. Most of Gaza's hospitals are out of service due to Israeli attacks, some of which have been called genocidal by United Nations experts.
Israel's overall behavior in the war is the subject of an ongoing International Court of Justice genocide case, while Israeli Prime Minister Benjamin Netanyahu is wanted by the International Criminal Court for alleged war crimes and crimes against humanity in Gaza, including murder and using starvation as a weapon of war.
Since October 2023, Israeli forces have killed or wounded more than 204,000 Palestinians in Gaza, including over 14,000 people who are missing and presumed dead and buried under rubble, according to the Gaza Health Ministry, whose casualty figures have been found to be generally accurate and even a likely undercount by peer-reviewed studies.
The intensified IDF attacks follow Israel's issuance of new forced evacuation orders amid the ongoing Operation Gideon's Chariots, an ongoing offensive which aims to conquer and indefinitely occupy all of Gaza and ethnically cleanse much of its population, possibly to make way for Jewish recolonization as advocated by many right-wing Israelis.
Keep ReadingShow Less
'We Cannot Be Silent': Tlaib Leads 19 US Lawmakers Demanding Israel Stop Starving Gaza
"This current blockade is starving Palestinian civilians in violation of international law, and the militarization of food will not help."
Jun 30, 2025
As the death toll from Israel's forced starvation of Palestinians continues to rise amid the ongoing U.S.-backed genocidal assault and siege of the Gaza Strip, Rep. Rashida Tlaib on Monday led 18 congressional colleagues in a letter demanding that the Trump administration push for an immediate cease-fire, an end to the Israeli blockade, and a resumption of humanitarian aid into the embattled coastal enclave.
"We are outraged at the weaponization of humanitarian aid and escalating use of starvation as a weapon of war by the Israeli government against the Palestinian people in Gaza," Tlaib (D-Mich.)—the only Palestinian American member of Congress—and the other lawmakers wrote in their letter to U.S. Secretary of State Marco Rubio. "For over three months, Israeli authorities have blocked nearly all humanitarian aid from entering Gaza, fueling mass starvation and suffering among over 2 million people. This follows over 600 days of bombardment, destruction, and forced displacement, and nearly two decades of siege."
"According to experts, 100% of the population is now at risk of famine, and nearly half a million civilians, most of them children, are facing 'catastrophic' conditions of 'starvation, death, destitution, and extremely critical acute malnutrition levels,'" the legislators noted. "These actions are a direct violation of both U.S. and international humanitarian law, with devastating human consequences."
Gaza officials have reported that hundreds of Palestinians—including at least 66 children—have died in Gaza from malnutrition and lack of medicine since Israel ratcheted up its siege in early March. Earlier this month, the United Nations Children's Fund warned that childhood malnutrition was "rising at an alarming rate," with 5,119 children under the age of 5 treated for the life-threatening condition in May alone. Of those treated children, 636 were diagnosed with severe acute malnutrition, the most lethal form of the condition.
Meanwhile, nearly 600 Palestinians have been killed and more than 4,000 others have been injured as Israeli occupation forces carry out near-daily massacres of desperate people seeking food and other humanitarian aid at or near distribution sites run by the U.S.-backed Gaza Humanitarian Foundation (GHF). Israel Defense Forces officers and troops have said that they were ordered to shoot and shell aid-seeking Gazans, even when they posed no threat.
"This is not aid," the lawmakers' letter argues. "UNRWA Commissioner-General Philippe Lazzarini has warned that, under the GHF, 'aid distribution has become a death trap.' We cannot allow this to continue."
"We strongly oppose any efforts to dismantle the existing U.N.-led humanitarian coordination system in Gaza, which is ready to resume operations immediately once the blockade is lifted," the legislators wrote. "Replacing this system with the GHF further restricts lifesaving aid and undermines the work of long-standing, trusted humanitarian organizations. The result of this policy will be continued starvation and famine."
"We cannot be silent. This current blockade is starving Palestinian civilians in violation of international law, and the militarization of food will not help," the lawmakers added. "We demand an immediate end to the blockade, an immediate resumption of unfettered humanitarian aid entry into Gaza, the restoration of U.S. funding to UNRWA, and an immediate and lasting cease-fire. Any other path forward is a path toward greater hunger, famine, and death."
Since launching the retaliatory annihilation of Gaza in response to the Hamas-led October 7, 2023 attack on Israel, Israeli forces have killed at least 56,531 Palestinians and wounded more than 133,600 others, according to the Gaza Health Ministry, which also says over 14,000 people are missing and presumed dead and buried beneath rubble. Upward of 2 million Gazans have been forcibly displaced, often more than once.
On Sunday, U.S. President Donald Trump reiterated a call for a cease-fire deal that would secure the release of the remaining 22 living Israeli and other hostages held by Hamas.
In addition to Tlaib, the letter to Rubio was signed by Sen. Bernie Sanders (I-Vt.) and Democratic Reps. Greg Casar (Texas), Jesús "Chuy" García (Ill.), Al Green (Texas), Jonathan Jackson (Ill.), Pramila Jayapal (Wash.), Henry "Hank"Johnson (Ga.), Summer Lee (Pa.), Jim McGovern (Mass.), Alexandria Ocasio-Cortez (N.Y.), Ilhan Omar (Minn.), Chellie Pingree (Maine), Mark Pocan (Wisc.), Ayanna Pressley (Mass.), Delia Ramirez (Ill.), Paul Tonko (N.Y.), Nydia Velázquez (N.Y.), and Bonnie Watson Coleman (N.J.).
Keep ReadingShow Less
Biden National Security Adviser Among Those Crafting 'Project 2029' Policy Agenda for Democrats
"Jake Sullivan's been a critical decision-maker in every Democratic catastrophe of the last decade," said one observer. "Why is he still in the inner circle?"
Jun 30, 2025
Amid the latest battle over the direction the Democratic Party should move in, a number of strategists and political advisers from across the center-left's ideological spectrum are assembling a committee to determine the policy agenda they hope will be taken up by a Democratic successor to President Donald Trump.
Some of the names on the list of people crafting the agenda—named Project 2029, an echo of the far-right Project 2025 blueprint Trump is currently enacting—left progressives with deepened concerns that party insiders have "learnt nothing" and "forgotten nothing" from the president's electoral victories against centrist Democratic candidates over the past decade, as one economist said.
The project is being assembled by former Democratic speechwriter Andrei Cherny, now co-founder of the policy journal Democracy: A Journal of Ideas, and includes Jake Sullivan, a former national security adviser under the Biden administration; Jim Kessler, founder of the centrist think tank Third Way; and Neera Tanden, president of the Center for American Progress and longtime adviser to former Secretary of State Hillary Clinton.
Progressives on the advisory board for the project include economist Justin Wolfers and former Roosevelt Institute president Felicia Wong, but antitrust expert Hal Singer said any policy agenda aimed at securing a Democratic victory in the 2028 election "needs way more progressives."
As The New York Times noted in its reporting on Project 2029, the panel is being convened amid extensive infighting regarding how the Democratic Party can win back control of the White House and Congress.
After democratic socialist and state Assemblymember Zohran Mamdani's (D-36) surprise win against former New York Gov. Andrew Cuomo last week in New York City's mayoral primary election—following a campaign with a clear-eyed focus on making childcare, rent, public transit, and groceries more affordable—New York City has emerged as a battleground in the fight. Influential Democrats including House Minority Leader Hakeem Jeffries (D-N.Y.) and Sen. Kirsten Gillibrand (D-N.Y.) have so far refused to endorse him and attacked him for his unequivocal support for Palestinian rights.
Progressives have called on party leaders to back Mamdani, pointing to his popularity with young voters, and accept that his clear message about making life more affordable for working families resonated with Democratic constituents.
But speaking to the Times, Democratic pollster Celinda Lake exemplified how many of the party's strategists have insisted that candidates only need to package their messages to voters differently—not change the messages to match the political priorities of Mamdani and other popular progressives like Sen. Bernie Sanders (I-Vt.) and Rep. Alexandria Ocasio-Cortez (D-N.Y.).
"We didn't lack policies," Lake told the Times of recent national elections. "But we lacked a functioning narrative to communicate those policies."
Sanders and Ocasio-Cortez have drawn crowds of thousands in red districts this year at Sanders' Fighting Oligarchy rallies—another sign, progressives say, that voters are responding to politicians who focus on billionaires' outsized control over the U.S. political system and on economic justice.
Project 2029's inclusion of strategists like Kessler, who declared economic populism "a dead end for Democrats" in 2013, demonstrates "the whole problem [with Democratic leadership] in a nutshell," said Jonathan Cohn of Progressive Mass—as does Sullivan's seat on the advisory board.
As national security adviser to President Joe Biden, Sullivan played a key role in the administration's defense and funding of Israel's assault on Gaza, which international experts and human rights groups have said is a genocide.
"Jake Sullivan's been a critical decision-maker in every Democratic catastrophe of the last decade: Hillary Clinton's 2016 campaign, the withdrawal from Afghanistan, the Israel/Gaza War, and the 2024 Joe Biden campaign," said Nick Field of the Pennsylvania Capital-Star. "Why is he still in the inner circle?"
"Jake Sullivan is shaping domestic policy for the next Democratic administration," he added. "Who is happy with the Biden foreign policy legacy?"
Keep ReadingShow Less
Most Popular