Fighting For Protections From Coal Ash

For decades, coal ash has polluted our waters and our communities. We will not let polluter profits triumph over public health.

Case Overview

Coal ash, the toxic remains of coal burning in power plants, is full of chemicals that cause cancer, developmental disorders and reproductive problems. It poisons our water and kills fish and wildlife. But despite the threat, both the U.S. Environmental Protection Agency and the White House have done little to protect the waters we drink from coal ash contamination.

After our long court battle to get the first-ever federal safeguards on coal ash dumps, these hard-won protections are now endangered. The Trump administration is now moving to pull back the protections outlined in a settlement Earthjustice won on behalf of ten public interest groups and the Moapa Band of Paiutes.

We fight in the courts for a long-term solution to this toxic menace: strong, enforceable federal rules protecting our water and our health from exposure to toxic coal ash pollution. And we act on behalf of dozens of clients and coalition partners to defeat legislative attempts to subvert federally enforceable safeguards of coal ash

We need strong safeguards that protect our health and our environment. Polluters don’t want to clean up their toxic mess and are pressuring the EPA and Congress to ignore this growing problem. But together, we can illuminate the coal ash problem and push decision-makers to protect the air we breathe and the water we drink.

The devastating coal ash spill in Kingston, TN, in December of 2008.
The devastating coal ash spill in Kingston, TN, in December of 2008. (Photo by Tennessee Valley Authority)

Case Updates

March 29, 2023 In the News: Grist

It’s not just oceans that are rising. Groundwater is, too.

Jenny Cassel, Attorney, Clean Energy Program, Earthjustice: “​​This is a very urgent issue, because the closure is required, the closure is happening. And in some places, it’s happening in ways that are not going to alleviate the problem.”

February 3, 2023 Document

Proposed Consent Decree Statewide Organizing for Community Empowerment et al., Plaintiffs, v. United States Environmental Protection Agency et al., Defendants. Civil Action No. 22-cv-2562

The EPA will consider closing a loophole that exempts over half a billion tons of toxic coal ash in landfills from federal oversight. The proposed consent decree would require that EPA either complete a review of 40 CFR 257.50(d) and determine that no revision is necessary, or sign a proposed rule to revise it on...