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coal ash

The devastating TVA Kingston coal ash spill of 2008.

It was standing room only, today, in a stately meeting room in the U.S. Capitol building as Senate staffers and a group of citizens gathered for a briefing about the hazards of toxic coal ash waste. Earthjustice and the Sierra Club organized the briefing in an effort to educate elected officials and their staff on the importance of keeping off the Senate floor any legislation that would prevent the EPA from regulating this toxic waste.

Google Earth satellite images of coal ash wastewater pollution from the Mill Creek Generating Station into the Ohio River.

When you think about pollution from coal-burning power plants, you probably picture smokestacks spewing out dirty air. What most people don’t realize is that coal plants are a huge water polluter—leaking more toxic pollution into America’s waters than any other U.S. industry.

We’ve filed two cases recently—one in Kentucky and one in Florida—to stop these toxic discharges into the Ohio River and the Apalachicola River.

President Clinton signs the Executive Order in the Oval Office (February 11, 1994).

In 1982, when I was a young lawyer in North Carolina, the state had to clean up miles of roadsides where toxic PCBs had been illegally dumped. The state decided to dispose of the toxic waste in a landfill which it proposed to place in a predominantly low-income African-American community in Warren County, far from where the clean-up was occurring. The decision sparked protests from the community, and activists from the broader civil rights world joined the fight.

The toxic coal ash turned the Dan River gray for 20 miles east of the North Carolina border.

Although the North Carolina Department of Natural Resources found Duke Energy in gross violation of the federal Clean Water Act, the state agency placed so little value on public health that they were willing to settle for a pittance—a penny per ton of toxic coal ash stored at Duke’s two illegally polluting plants. To rub ash into the wound, the agency didn’t even require Duke to stop the flow of arsenic, cadmium, chromium and other toxic metals from the millions of tons of coal ash at the plants, much less clean up the pollution.

The EPA doesn’t need yet another reason to require the safe closure of the nation’s 1,070 coal ash ponds. But the massive leak of 82,000 tons of toxic coal ash from Duke Energy’s Dan River Power Station this week should set off a siren to wake our sleeping regulators.

Moapa Band of Paiutes Tribal Chairman William Anderson holds a photo of the Reid Gardner Power Station.

Late yesterday, the Department of Justice on behalf of the EPA lodged a consent decree with the U.S. District Court for the District of Columbia that requires the EPA to publish a final rule addressing the disposal of coal ash by Dec. 19, 2014. The settlement came as a result of a lawsuit brought by 10 public interest groups and the Moapa Band of Paiutes against the EPA for its failure to review and revise its regulations pertaining to coal ash.

This piece was originally published in EarthShare’s blog, one of Earthjustice’s partner groups working toward connecting people and workplaces with effective ways to support critical environmental causes. This featured Q&A reveals the answers about our reliance on coal.

Q: Why is coal such a dangerous source of energy?

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