Breaking: Federal Court Allows Coal Ash Litigation to Continue Against Duke Energy
Conservation groups represented by the Southern Environmental Law Center won a major victory Monday night when a federal court ruled that they may go forward with challenges to coal ash pollution contaminating an important public fishery near Wilmington, NC and drinking water supplies for a nearby community. The court rejected numerous arguments by Duke Energy seeking to dismiss the lawsuit brought by Cape Fear River Watch, Sierra Club and Waterkeeper Alliance.
“This ruling is a major step towards protecting people who depend on nearby drinking wells for clean water and on fish from Sutton Lake for their next meal,” said Frank Holleman, the senior attorney at the Southern Environmental Law Center who represented the groups in court. “The court said Sutton Lake belongs to North Carolinians and rejected Duke Energy’s attempt to avoid its responsibility for polluting groundwater and drinking water supplies and convert Sutton Lake into its wastewater dump.”
The state drew national press when it stepped in at the last minute to try to block the citizens groups’ Clean Water Act lawsuit by filing an enforcement action in state court. But the federal court rejected Duke’s argument in this case that the groups’ lawsuit was preempted, finding not only that the state is prosecuting different claims than the conservation groups but also that it would be “remiss” to bar the groups from proceeding given that “there have been allegations of possible improper influence” between Duke and the North Carolina Department of Environment and Natural Resources (DENR). The relationship between Duke Energy and DENR is under nationwide scrutiny and a federal criminal grand jury investigation in the wake of state efforts to block citizen enforcement of the Clean Water Act and the subsequent Dan River coal ash spill.
“Sutton Lake sits on the banks of the Cape Fear River and is an important part of our local economy, so DENR cannot give Duke Energy a blank check to treat this important public resource as a private wastewater treatment facility,” said Kemp Burdette, the Cape Fear Riverkeeper. “It’s long past time for Duke to remove the coal ash and start cleaning up the lake.”
DENR issued Duke a permit that purported to authorize the utility to dump untreated coal ash wastewater directly into Sutton Lake, but the Court held that Sutton Lake is a public waterway, not a private wastewater treatment facility. A study by a prominent biologist concluded that Duke's coal ash pollution was deforming and killing hundreds of thousands of fish in Sutton Lake each year.
“North Carolinians have the right to clean, safe drinking water, but Duke Energy’s toxic coal ash legacy is threatening that right, polluting Sutton Lake along with rivers and lakes across the state,” said Kelly Martin, senior campaign representative with the Sierra Club’s Beyond Coal campaign. “Duke Energy needs to clean up its coal ash pollution now and today’s court ruling moves us one step closer to the protections our communities and environment need.”
Duke’s groundwater pollution at Sutton is threatening the drinking water supply wells for the nearby Flemington community. Last year, after the conservation groups’ efforts brought public attention to the threat, Duke agreed to provide a new water supply to the community, but insisted on placing 17 square miles around Wilmington off limits for drinking water supplies in order to continue its coal ash pollution.
“Duke has got a pollution problem on its hands at Sutton that is indicative of similar contamination issues Duke has caused all around the state” said Donna Lisenby of Waterkeeper Alliance. “With longstanding, illegal pollution of the waters where we fish and drink, why wouldn’t Duke want to follow the South Carolina utilities into the twenty-first century and start cleaning up these problems by recycling and properly storing its coal ash?”
The federal court’s ruling allows the conservation groups to move forward with discovery of Duke’s documents and to question its executives under oath.
YOU ALSO MIGHT LIKE
- Israeli Oil Spill Is a 'Severe Ecological Disaster' - EcoWatch ›
- Endangered Sea Turtles Recovering After 'Cold Stunning' Event ... ›
EcoWatch Daily Newsletter
As the weather grows more severe, and its damages more expensive and fatal, current weather predictions fall short in providing reliable information on Earth's rapidly changing systems.
- Are New Extreme Global Warming Projections Correct? - EcoWatch ›
- Are We Really Past the Point of No Return on Climate? Scientists ... ›
By Brett Wilkins
Accusing California regulators of "reckless disregard" for public "health and safety," the environmental advocacy group Center for Biological Diversity on Wednesday sued the administration of Gov. Gavin Newsom for approving thousands of oil and gas drilling and fracking projects without the required environmental review.
- New Bill Seeks to Ban Fracking in California - EcoWatch ›
- Fracking Likely Triggered Earthquakes in California a Few Miles ... ›
- California Won't Buy From Automakers 'on the Wrong Side of History ... ›
- Chevron Has Spilled 800,000 Gallons of Crude Oil and Water Into a ... ›
By Kate Whiting
From Greta Thunberg to Sir David Attenborough, the headline-grabbing climate change activists and environmentalists of today are predominantly white. But like many areas of society, those whose voices are heard most often are not necessarily representative of the whole.
1. Wangari Maathai<p>In 2004, Professor Maathai made history as the <a href="https://www.nobelpeaceprize.org/Prize-winners/Prizewinner-documentation/Wangari-Maathai" target="_blank" rel="noopener noreferrer">first African woman to be awarded the Nobel Peace Prize</a> for her dedication to sustainable development, democracy and peace. She started the <a href="http://www.greenbeltmovement.org/" target="_blank" rel="noopener noreferrer">Green Belt Movement</a>, a community-based tree planting initiative that aims to reduce poverty and encourage conservation, in 1977. More than 51 million trees have been planted helping build climate resilience and empower communities, especially women and girls. Her environmental work is celebrated every year on <a href="http://www.greenbeltmovement.org/node/955" target="_blank" rel="noopener noreferrer">Wangari Maathai Day on 3 March</a>.</p>
2. Robert Bullard<p>Known as the 'father of environmental justice,' Dr Bullard has <a href="https://www.unep.org/championsofearth/laureates/2020/robert-bullard" target="_blank">campaigned against harmful waste</a> being dumped in predominantly Black neighborhoods in the southern states of the U.S. since the 1970s. His first book, Dumping in Dixie, highlighted the link between systemic racism and environmental oppression, showing how the descendants of slaves were exposed to higher-than-average levels of pollutants. In 1994, his work led to the signing of the <a href="https://www.nrdc.org/experts/albert-huang/20th-anniversary-president-clintons-executive-order-12898-environmental-justice" target="_blank">Executive Order on Environmental Justice</a>, which the <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/" target="_blank">Biden administration is building on</a>.<br></p>
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="7983f54726debdd824f97f9ad3bdbb87"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/T_VjSGk8s18?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
Pollution has a race problem. Elizabethwarren.com
3. John Francis<p>Helping the clean-up operation after an oil spill in San Francisco Bay in January 1971 inspired Francis to <a href="https://planetwalk.org/about-john/" target="_blank" rel="noopener noreferrer">stop taking motorized transport</a>. Instead, for 22 years, he walked everywhere. He also took a vow of silence that lasted 17 years, so he could listen to others. He has walked the width of the U.S. and sailed and walked through South America, earning the nickname "Planetwalker," and raising awareness of how interconnected people are with the environment.</p>
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="09b968e0e9964e31406954dcea45981d"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/vgQjL23_FoU?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
4. Dr. Warren Washington<p>A meteorology and climate pioneer, Dr. Washington was one of the first people to develop atmospheric computer models in the 1960s, which have helped scientists understand climate change. These models now also incorporate the oceans and sea ice, surface water and vegetation. In 2007, the <a href="https://www.cgd.ucar.edu/pcm/" target="_blank" rel="noopener noreferrer">Parallel Climate Model (PCM)</a> and <a href="https://www.cesm.ucar.edu/" target="_blank" rel="noopener noreferrer">Community Earth System Model (CESM)</a>, earned Dr. Washington and his colleagues the <a href="https://www.nobelprize.org/prizes/peace/2007/summary/" target="_blank" rel="noopener noreferrer">Nobel Peace Prize</a>, as part of the <a href="https://www.ipcc.ch/" target="_blank" rel="noopener noreferrer">Intergovernmental Panel on Climate Change</a>.</p>
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="09fbf6dc37f275f438a0d53ec0fe1874"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/bvJ4jTy2mTk?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
5. Angelou Ezeilo<p>Huge trees and hikes to pick berries during her childhood in upstate New York inspired Ezeilo to become an environmentalist and set up the <a href="https://gyfoundation.org/staff/Angelou-Ezeilo" target="_blank" rel="noopener noreferrer">Greening Youth Foundation</a>, to educate future generations about the importance of preservation. Through its schools program and Youth Conservation Corps, the social enterprise provides access to nature to disadvantaged children and young people in the U.S. and West Africa. In 2019, Ezeilo published her book <em>Engage, Connect, Protect: Empowering Diverse Youth as Environmental Leaders</em>, co-written by her Pulitzer Prize-winning brother Nick Chiles.</p>
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="ce4547d4e5c0b9ad2927f19fd75bf4ab"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/YojKMfUvJMs?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
- Youth Climate Activists Want a Role in Biden's White House ... ›
- As Protests Rage, Climate Activists Embrace Racial Justice ... ›
- The Power of Inclusive, Intergenerational Climate Activism - EcoWatch ›