Groups Sue EPA Over Toxic Coke Oven Emissions

Washington, D.C. —

A coalition of clean air and health advocates challenged the Environmental Protection Agency’s (EPA) recent move to delay air pollution compliance for coke oven plants, massive coal-burning facilities used for steelmaking that spew deadly chemicals into the air. Earthjustice and Environmental Integrity Project clients are calling for EPA to stop catering to polluters and instead ensure communities are protected from air pollution from these hazardous facilities.

In states including Alabama, Indiana, Ohio, and Pennsylvania, 11 coke oven facilities emit hazardous air pollutants like lead, mercury, and benzene, with EPA estimating that they emit nearly 2400 tons of toxic pollutants annually. According to EPA, coke oven emissions are among the most toxic of all air pollutants. One recent study showed that eliminating coke oven pollution cut the number of emergency room visits for cardiovascular incidents (e.g., heart attacks) in half.

“This is a slap in the face to communities neighboring these coke oven facilities,” said Tosh Sagar, senior attorney at Earthjustice. “They had to sue to get EPA to update the standards in the first place. And now, just when the standards were set to go into effect, Zeldin and his cronies are pulling the rug out from under them with this delay. From steel mills to coke ovens, it’s all part of the same playbook to let corporate polluters endanger people’s health.”

For nearly a decade, EPA failed to update its pollution laws for coke ovens, which allowed unlimited emissions of some pollutants. In 2024, EPA finally updated its existing safeguards, setting caps on previously unregulated pollutants and requiring plants to monitor and more quickly address problems like leaks.

However in July, EPA issued an interim final rule, delaying compliance until July 2027, which will continue to expose communities to their pollution and detrimental health impacts. The EPA published it without notice, depriving the public of any opportunity to object to the extension before it took effect. This comes on top of EPA’s delay of standards at steel mills, many of which are located in the same communities as coke ovens.

Quotes from our clients and partners

“This industry, which emits highly toxic, cancer-causing pollutants, is long overdue for more stringent oversight,” said Haley Lewis, attorney for the Environmental Integrity Project. “The communities that live and work near coke plants deserve much better from EPA. Especially where fenceline monitoring is affordable, and so easy that many communities have conducted it themselves, there is no excuse for EPA delaying this critical pollution monitoring from going into effect.”

“According to EPA’s own data, Lake County, Indiana has more toxic releases than 99% of all other counties across the country,” said Paula Brooks, environmental justice director at Hoosier Environmental Council. “The coke and steel plants there send tens of millions of pounds of toxins into the air above neighboring communities every year. It’s not a coincidence that the residents of these communities experience some of the highest rates of cancer, asthma, and other pollution-related illnesses in the nation. Does the administration not realize how delaying compliance with coke oven rules negatively impacts the public health of these communities?”

“It is undisputed that the 2024 regulations will protect fenceline communities from toxic, cancer-causing pollution from coke oven facilities,” said Abby Jones, vice presidents of legal and policy at PennFuture. “Not only would this save lives, but it would result in millions of dollars in saved in healthcare costs. We fought for years to get this strong regulation that would make a real difference to Pennsylvanian families. This delay is unjustified and we will hold EPA accountable to their duty of the protection of our environment.”

“Trump’s EPA bypassed the normal public input process when condemning communities near coke plants to additional years of being sickened by unnecessary toxic air pollution,” said Alex Bomstein, executive director of Clean Air Council. “This administration evidently does not want to hear from community members, including doctors and parents whose children will suffer.”

“Coke ovens are some of the dirtiest industrial facilities in the country, emitting massive amounts of some of the most toxic air pollutants known,” said Jane Williams, chair of the Sierra Club National Clean Air Team. “Excusing these pig-pen polluting facilities from the duty to take common sense, inexpensive measures to reduce their air pollution is irresponsible and damages public health.”