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Everyone has The Right To Breathe clean air. Watch a video featuring Earthjustice Attorney Jim Pew and two Pennsylvanians—Marti Blake and Martin Garrigan—who know firsthand what it means to live in the shadow of a coal plant's smokestack, breathing in daily lungfuls of toxic air for more than two decades.

Coal Ash Contaminates Our Lives. Coal ash is the hazardous waste that remains after coal is burned. Dumped into unlined ponds or mines, the toxins readily leach into drinking water supplies. Watch the video above and take action to support federally enforceable safeguards for coal ash disposal.

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unEARTHED is a forum for the voices and stories of the people behind Earthjustice's work. The views and opinions expressed in this blog do not necessarily represent the opinion or position of Earthjustice or its board, clients, or funders.

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View Lisa Evans's blog posts
27 April 2011, 1:29 PM
Coal ash rule: MIA or POW?

News that the EPA may delay the coal ash rule until the end of 2012 or even 2013 will come as a bitter disappointment to communities across the United States. Many had faith in Administrator Jackson’s promise that this Administration would finally issue effective controls on toxic ash disposal in 2010.

The regulation of coal ash is already 30 years overdue. In 1976, Congress was cognizant of the threat to health, environment and drinking water from toxic waste, and it mandated that EPA regulate the disposal of both solid and hazardous wastes. In the years that followed, EPA proceeded to regulate hundreds of dangerous waste streams. Nevertheless, powerful interests have kept the regulation of coal ash at bay. In doing so, however, the electric utility industry has created monsters they cannot control—as seen in the release of over a billion gallons of toxic sludge from just one of hundreds of impoundments hanging above communities across the nation.

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View Jared Saylor's blog posts
12 April 2011, 8:39 AM
Their message: delays on coal ash regulations are simply unacceptable!
Tennessee coal ash spill 2008. Photo courtesy United Mountain Defense.

Members of Congress are going to hear from coal ash activists this week. But it’s going to be more than just phone calls and emails; 45 citizens from nine states are flying to Washington D.C.  to tell their coal ash stories to elected representatives and administration officials.

It’s been nearly a year since the Environmental Protection Agency proposed the nation’s first federal standard for coal ash ponds and dumps. Their two-option plan would either regulate coal ash as a hazardous waste, ensuring strong protections and monitoring requirements, or regulate it as non-hazardous waste, leaving discretion up to the states and endangering the drinking water supplies for thousands of communities near these toxic dumps.

View Sam Edmondson's blog posts
08 April 2011, 3:09 PM
Affordable, effective technology exists to make our air safer to breathe

When the U.S. Environmental Protection Agency proposed last month to clean up the toxic air emissions of coal-fired power plants, it wasn't a surprise. The date actually had been set for about a year, thanks to a court-ordered deadline won by Earthjustice and other groups. And for years prior to that deadline, a back-and-forth legal battle raged between a coalition of environmental and public health organizations—with Earthjustice in a leading role—and the coal-fired power industry's lobbyists and political cronies.

In fact, the effort to clean up power plants' emissions of mercury, arsenic and other toxics could legally drink a beer if it were a person. The seed of that effort was planted by Congress 21 years ago in amendments to the Clean Air Act.

So, don't believe the protestations from some sectors of the power industry that they can't possibly comply with these important health protections in time. These health protections have been coming to town for many, many years and would've arrived much sooner had the intransigence of industry not delayed them time and again.

View Liz Judge's blog posts
08 April 2011, 1:22 PM
Tell Mr. Boehner and his House majority: "Hell No You Can't!"
House Speaker John Boehner

[Update: Amid hurried negotiations late Friday to avoid a government shutdown, House sources indicated that a possible deal has been reached to prevent weakening the government's regulation of mountaintop removal mining and climate change emissions. The uncertainty of this deal makes it all the more important for citizens to contact the White House and their congressional representatives to demand hands off of the Environmental Protection Agency.]

We've all seen the reports that say what is carrying our federal government quickly toward a total shutdown is not a difference over spending cuts but rather some costly ugly ideological demands by House leadership. First, we heard they were demanding blocks on clean air protections, and now we are hearing that a rider making mountaintop removal mining easier may be at the center of this political bargain.

If this is true, House leadership has managed to sink to an even lower level, by trying to use the innocent people, mountains and waters of Appalachia as their political bargaining chip -- just so the leadership can tell an extreme faction of the party that they secured a political "win."

Using this budget negotiations process as a way to help coal companies blow up mountains and dump their toxic waste into Appalachian streams and water supplies is an abomination. The White House and the Senate must not even consider sacrificing the people of Appalachia and their mountains and waterways for this political deal.

View Emily Greenlee's blog posts
05 April 2011, 3:17 PM
Coal ash dumps are mostly in low-income communities
Coal ash landfill in Tennessee

From South Carolina to Alabama and all across the country, coal ash—which can leach dangerous toxic chemicals like arsenic, lead, cadmium, mercury, and selenium into groundwater—is often stockpiled in low-income communities.

Coal ash presents risks of both catastrophic spills, like the 2008 TVA coal ash disaster, and more common dangers, like pollution of groundwater used for human consumption. Poor ash disposal practices can cause cancer, neurological damage and other ailments in people unfortunate enough to live near impoundments or unlined landfills.

Who are the unlucky Americans facing the threat of coal ash in their communities?

View Jared Saylor's blog posts
04 April 2011, 8:07 AM
ABC News tells how "Making Money Having Fun" destroyed Oklahoma town
Suella Hudson and her daughter (in picture) both died of cancer. Photo courtesy of Carlan Tapp.

Last week, coal ash coverage went national with a fine segment on ABC World News that told the story of residents in Bokoshe, OK, a small town with a very big coal ash problem. Only 450 folks live in Bokoshe, but as reporter Jim Sciutto discovered, many of them either have cancer or know someone who does.

One of the residents of Bokoshe  who was featured in the ABC story was kind enough to take a few moments to tell unEarthed about her experiences living near this toxic coal ash dump. As I wrote last week, the dump owner, a company called “Making Money Having Fun” is dumping nearly 80 truckloads of coal ash into an open pit every day. Bokoshe resident Susan Holmes—who lost both her sister and her mom to cancer—had this to say:

I applaud ABC News for taking the time to report our story here in Bokoshe. Small rural towns across the nation are considered inconsequential. We have become throwaway towns with throwaway people. The one comment made during our interviews that was not in the televised segment was that this is happening to small towns all over America, and our story is not unique. We were just blessed they chose us to interview.

At 81 years old, my mom insisted I contact ABC. I first wrote ABC over two years ago asking for an investigation. Did they come because of me? Probably not; it takes bigger and more important people to ask for them to get involved. I am just glad they listened. Those of us in Bokoshe are not stopping. We have a new pit that opened 5 miles west of town. For those that don’t know, my sister died of lung cancer in 2004 and my mom died of cancer New Year's Day this year. She knew before she died ABC News was coming. She just didn’t get to stay long enough to see it.

View Terry Winckler's blog posts
31 March 2011, 11:56 AM
Judge rules against fed's approach to Sunflower coal-fired power plant
Courtesy redgreenandblue.org

After four years of trying, Big Coal’s national ambitions have again bogged down at the Kansas state line. 

A federal judge this week agreed with Earthjustice that the federal government failed to consider  environmental impacts of the proposed Sunflower plant expansion. The government has a financial stake in the plant because of loan arrangements made with plant owners by the federal Rural Utilities Service. The ruling could force the government to conduct an environmental impact review process on the proposed plant.
 
This is great news for clean energy advocates, because – at least for the time being – the ruling takes Sunflower’s future out of the hands of state politicians and their industry pals, who used backroom tactics to approve this polluting and unneeded behemoth.

View Chris Jordan-Bloch's blog posts
29 March 2011, 2:06 PM
The Fisk Power Plant in Chicago is the focus of a local political battle
The Fisk Power Plant in Chicago : Photo by swanksalot/flickr

When combined, the Fisk and Crawford coal-fired power plants are the largest source of pollution in Chicago, and local residents have been fighting for years for stronger health controls from these plants.

Recently, activists with the Pilsen Environmental Rights and Reform Organization (PERRO)made a huge step forward when they convinced a local politician to support stronger regulations on the plant. After nine months of constant pressure from the group, Alderman Daniel Solis decided to switch from backing coal to supporting Chicago's new Clean Power Ordinance. The law would regulate particulate and carbon dioxide emissions from all coal-fired power plants operating in Chicago. WGN TV in Chicago interviewed activists, politicians and power plant officials to produce this report on how the Fisk Power station is affecting both reisdent's health and an upcoming election.

Our kudos to PERRO for their pressure on Alderman Solis. Keep up the great work in the fight for the Right to Breathe.

View Jessica Knoblauch's blog posts
25 March 2011, 9:39 AM
Lead gardens, oil-covered lies, hot flash chemicals
Nuclear power has come under scrutiny in recent weeks. Photo courtesy of redjar.

Nuclear power industry experiences public fallout
As the nuclear crisis in Japan worsens, concerns about nuclear power's safety are spreading, prompting news agencies to take a second look at the inherently risky technology. As the Christian Science Monitor recently reported, last year U.S. nuclear plants had at least 14 “near misses” that occurred with “alarming frequency” and jeopardized human safety. In addition, Mother Jones recently created an eye-opening chart that lists the location of nuclear plants across the country and their proximity to nearby cities using data from the Nuclear Regulatory Commission. Despite these concerns, many of the world's governments remain largely unphased, except Germany, which has stepped up to the plate by declaring its plans to stop using nuclear power. Sehr gut!

Senator Jeff Bingaman throws gas on oil-drilling lies, lights a match
While many politicians are busy peddling the false claim that the U.S. must drill more to bring down gas prices, last week Sen. Jeff Bingaman (D-N.M.) broke with the ranks by declaring that domestic policies like carbon and oil drilling regulations have little to no effect on the price at the pump, reports Grist. That's because oil prices are set on the global market, which is much more affected by things like, say, Middle East unrest. This indisputable fact has led Bingaman to the remarkably frank conclusion that to “ease the burden of high prices for U.S. consumers when oil prices are determined mostly outside our borders...[we need to] become less vulnerable by using less oil.”

View David Lawlor's blog posts
23 March 2011, 10:37 AM
Judge’s decision safeguards drinking water for Pennsylvanians
View of the Monogahela River in Pittsburgh. (Photo by Dave Gingrich)

After 40 years without effective pollution controls, a scrubbing system was recently installed at the Hatfield’s Ferry power plant in Masontown, Penn., limiting the amount of sulfur dioxide and other pollutants the plant pumps into the air. But the plant’s failure to install a scrubbing system for its discharged wastewater means that the dangerous pollutants that formerly fouled the air are now being dumped into the Monongahela River, a drinking water source for more than 350,000 people living south of Pittsburgh.

Earthjustice attorney Abigail Dillen, representing the Environmental Integrity Project and Citizens Coal Council, successfully fended off a legal challenge from plant owner Allegheny Energy, which sought allowance for its facility to continue polluting the river. The company claimed that it was acceptable to foul the river because the scrubber system at Hatfield’s Ferry should be considered an existing source of pollution rather than a “new discharger.” Chief Judge Thomas W. Renwand rejected the company’s argument this week, deciding in favor of our clients. The decision lays the foundation for requiring a wastewater scrubber system and limiting water pollution from the power plant.

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