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The Progress Energy plant in Asheville, NC operates two of the nation's tallest high-hazard coal-ash ponds. “High-hazard” means that if either of the pond’s decades-old earthen dams were to break, loss of life would be likely. In Asheville, such a break would completely swamp the French Broad River and Interstate 26.

A remarkable thing happened during a Senate hearing today on the EPA's rule to limit toxic air pollution from coal-fired power plants. A critic of the agency's policy argued that reducing air pollution from coal-fired power plants—the nation's worst air polluters—is a bad idea because it will make it more expensive for asthmatics to run their air conditioners on hot days when poor air quality forces them inside.

[Updated 4.6.12]   A federal district court judge overruled the Environmental Protection Agency's veto of the proposed Spruce No. 1 Mine in West Virginia, a case in which Earthjustice and partners and clients in West Virginia were granted amicus curiae.

Across the country, communities near retiring coal plants are breathing collective sighs of relief. Closures, however, raise vexing questions about the millions of tons of toxic waste that may lie beneath the surface. Over decades, most plants have buried battleship-sized deposits of coal ash in landfills and lagoons near their plants. In the absence of federal mandates, utilities may leave behind a leaking legacy of deadly pollution, even after the belching stacks are long gone.

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