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Are Toxic Coal Ash Ponds Confidential Business Information?

Industry thinks so, but Earthjustice disagrees

Almost one year ago, a dyke holding back the 40-acre coal ash pond at the Tennessee Valley Authority's Kingston Fossil Plant broke, releasing more than 500 million gallons of toxic coal ash. The sludge (six feet deep in some places) spread out over 400 acres, damaged 12 homes, and wrecked a train. It was the largest human-induced environmental disaster since Chernobyl.

For the last year, Earthjustice and our partners have worked to reveal the location and contents of toxic coal ash ponds around the United States. We have had some notable success.

But some companies like Duke Energy, Alabama Power, Georgia Power and First Energy asked the EPA to withhold the information, claiming it is "confidential business information." We filed a complaint late Tuesday in federal district court under the Freedom of Information Act to obtain the withheld information because we believe access to it is vital to the health and safety of those living near these potentially hazardous sites.

Toxic waste protected as a "trade secret?"

Now we've heard everything.