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[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.

A bipartisan bill is coming up for a vote in the Tennessee state legislature tomorrow (Feb. 29) that would ban surface mining and mountaintop removal mining at altitudes above 2,000 feet in the state.

This legislation would ensure that the most scenic vistas are protected for residents and visitors instead of being razed.

Each time a new coal export terminal is proposed at a Pacific Northwest port, industry promises to take appropriate measures to protect the surrounding environment and community from the terminal’s inherent pollution. The harmful effects of coal dust blowing into communities from enormous coal piles and trains carrying coal in open boxcars while spewing coal dust will be mitigated, terminal investors tell the public.

While much has been made of the $535 million loan guarantee made to the failed Solyndra Corporation in 2009 to encourage alternative energy, you may have missed the court decision this week, halting expansion plans for a Kansas coal plant facing similar problems.

The ruling underscores how deadbeat coal plants can be even more costly for taxpayers.

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