What a Real Coal Ash Cleanup Looks Like
By Emilie Karrick Surrusco
The toxic mess left behind from burning coal is a growing, nationwide problem. But we're seeing that state governments can be convinced to do the right thing and clean it up. Recently, North Carolina joined its neighboring state to become a trendsetter in the proper disposal of coal ash waste.
Following on the heels of similar news in Virginia, the North Carolina Department of Environmental Quality (DEQ) on April 1 ordered Duke Energy to completely excavate and close all of its coal ash ponds in the state.
This is no less than "momentous news," according to Earthjustice attorney Lisa Evans, for a state that is the nation's ninth largest producer of coal ash — a toxic byproduct from burning coal. For states across the nation where federal regulations are forcing companies to submit closure and cleanup plans for coal ash contamination, North Carolina's plan provides an example of what safe closure looks like. For states that are formulating their own coal ash rules, like Illinois, the North Carolina plan is a blueprint.
"The state decided that protection of human health and the environment must be placed above the convenience of Duke Energy," Evans said. "It's a great moment when the state government has the courage to make the right decision for the people of North Carolina. This is truly a model for the nation."
Coal ash spilled by Hurricane Florence coats a turtle in North Carolina. (Riverkeepers cleaned and released the turtle.)
PETE HARRISON / EARTHJUSTICE
For decades, utilities have disposed of toxic coal ash dangerously, storing it in unlined pits that allow the coal ash to leak into groundwater and spill into nearby lakes, rivers and streams. The true implications of this improper disposal are only beginning to be understood. After federal coal ash regulations required utilities to publicly report groundwater monitoring data, Earthjustice and the Environmental Integrity Project released a report last month that analyzes groundwater monitoring data at 265 power plants across the country for the first time.
The report shows that groundwater near 91 percent of power plants with monitoring data contained unsafe levels of one or more of the pollutants in coal ash — including arsenic, a known carcinogen, and lithium, which is associated with neurological damage, among other pollutants. In many cases, the contamination is significant enough that coal plant operators must submit cleanup plans. In the next six months alone, we are expecting about 100 such plans.
"The modus operandi of this industry from 1900 to today is to dispose of its toxic waste as cheaply as possible. This has had disastrous consequences," said Evans. "The long-term remedy is to stop producing the dangerous waste, but short of that, if you have ash in groundwater, you have to excavate."
This report also listed the nation's most contaminated sites — including Duke Energy's Allen Steam Station in Belmont, North Carolina.
Duke Energy, which has 14 former power plant sites in North Carolina, has consistently tried to cover up the problem of coal ash contamination and dispose of its toxic stew improperly — its actions resulted in a $102 million fine and a guilty plea to nine criminal violations of the Clean Water Act stemming from activities at multiple North Carolina coal plants.
The Southern Environmental Law Center, along with tenacious activists across the state, have spent the past seven years fighting Duke Energy, resulting in victories that forced the nation's largest utility to clean up its mess at eight plant sites. Now, thanks to the state's order, Duke Energy is required to file a plan by Aug. 1 that explains how it will empty and close its six remaining plant sites in the state, which include 11 coal ash ponds.
"Public meetings were held at the six sites, and local communities came out in force. They were unanimous in demanding that Duke Energy remove the coal ash from unlined pits," said Frank Holleman, senior attorney at the Southern Environmental Law Center. "Duke has several weeks to decide if they are going to accept this decision, or instead if it's going to continue to litigate and lobby to put off dealing with its coal ash pollution."
While the state's order is a significant victory for the people of North Carolina, it's been a long time coming for activists and community leaders who have watched as beloved lakes and rivers have become increasingly polluted and drinking water wells became undrinkable.
In 2014, North Carolina experienced a grim wake-up call when 39,000 tons of coal ash spilled from Duke Energy's Dan River plant — sending 27 million gallons of sludge filled with toxic chemicals into a river that supplies drinking water to surrounding communities. Following that spill, the state legislature passed the Coal Ash Management Act (CAMA), which required the DEQ to evaluate coal ash disposal at each of Duke Energy's plant sites.
At the same time, hurricanes and increasingly heavy rains have caused coal ash pits across North Carolina and the southeastern U.S. to overflow. During Hurricane Florence, when 35 inches of rain fell over four days in North Carolina, coal ash from the Duke Energy plant in Goldsboro spilled into the Neuse River, and a coal ash lagoon at the L.V. Sutton Power Station in Wilmington was flooded.
"From climate change-fueled storms to industry spills, a perfect storm of disasters was enough to make a state like North Carolina do the right thing when communities demanded protection," said Evans.
Unfortunately, the Trump administration's U.S. Environmental Protection Agency (EPA) is intent on keeping that from happening at the national level. Turning a blind eye to the mounting evidence of contamination from coal ash dumps and the increasing intensity of storms that cause coal ash spills, the Trump EPA has moved to weaken the 2015 coal ash rule rather than strengthen it. Despite a court order from the DC Circuit Court to expand and strengthen the federal rule, EPA abides by its industry-friendly agenda to gut federal protections.
However, as North Carolina and Virginia have shown, state governments can be convinced to take action where the Trump administration won't.
In Illinois, progress is happening piecemeal, with hopes that the state will soon take comprehensive action. The Coal Ash Cleanup and Storage Act was recently introduced in the state legislature to address the fact that 22 of the state's 24 coal-fired power plants have contaminated groundwater with unsafe levels of one or more toxic pollutants. In addition, Earthjustice, on behalf of the Prairie Rivers Network, recently filed a lawsuit against Dynegy, a local utility that has been allowing toxic waste from its coal-ash pits to leach into groundwater and the Middle Fork of the Vermilion River, Illinois' only Wild and Scenic River.
"The public wants protection from coal ash and coal ash pollution," said Holleman. "The only place in the country where there is backward movement on this is in the Trump administration and the EPA. I have never encountered a person who wanted less protection from coal ash pollution and this includes in communities that voted overwhelmingly for Mr. Trump."
Despite EPA's lack of action, communities across the nation are stepping forward to demand that polluters clean up their toxic mess — state governments are starting to listen and pick up where the federal government left off.
New Report Reveals Severe #Groundwater Contamination at Illinois #CoalAsh Dumps https://t.co/kAM9ixJyRk @BeyondCoal @Coal_Ash— EcoWatch (@EcoWatch)1543788038.0
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EcoWatch Daily Newsletter
By Mark Hertsgaard
What follows are not candidate endorsements. Rather, this nonpartisan guide aims to inform voters' choices, help journalists decide what races to follow, and explore what the 2020 elections could portend for climate action in the United States in 2021 and beyond.
Will the White House Turn Green?<p>Whether the White House changes hands is the most important climate question of the 2020 elections. President Donald Trump rejects climate science, is withdrawing the United States from the Paris Agreement, and has accelerated fossil fuel development. His climate policy seems to be, as he tweeted in January when rejecting a U.S. Army Corps of Engineers proposal to protect New York City from storm surges, "Get your mops and buckets ready."</p><p>Joe Biden, who started the 2020 campaign with a climate position so weak that activists gave it an "F," called Trump a "climate arsonist" during California's recent wildfires. Biden backs a $2 trillion plan to create millions of jobs while slashing emissions—a Green New Deal in all but name. Equally striking, his running mate, California Senator Kamala Harris, has endorsed phasing out fossil fuel production—a politically explosive scientific imperative.</p><p>The race will be decided in a handful of battleground states, five of which already face grave climate dangers: Florida (hurricanes and sea-level rise), North Carolina (ditto), Texas (storms and drought), Michigan (floods), and Arizona (heat waves and drought). <a href="https://climatecommunication.yale.edu/visualizations-data/ycom-us/" target="_blank">Public concern is rising</a> in these states, but will that concern translate into votes?</p>
Will Democrats Flip the Senate, and by Enough to Pass a Green New Deal?<p>With Democrats all but certain to maintain their majority in the U.S. House of Representatives, the Senate will determine whether a potential Biden administration can actually deliver climate progress. Democrats need to pick up three seats to flip the Senate if Biden wins, four if he doesn't. But since aggressive climate policy is shunned by some Democrats, notably Joe Manchin of coal-dependent West Virginia, Democrats probably need to gain five or six Senate seats to pass a Green New Deal.</p><p>Environmentalists, including the League of Conservation Voters, are targeting six Republicans who polls suggest are vulnerable.</p><ul><li>Steve Daines of Montana, who denies climate science</li><li>Martha McSally of Arizona</li><li>Thom Tillis of North Carolina</li><li>Susan Collins of Maine</li><li>Joni Ernst of Iowa (bankrolled by Charles Koch)</li><li>John James of Michigan (also a Koch beneficiary)</li></ul><p>Republican Senators are even at risk in conservative Kansas and Alaska. In both states, the Democratic candidates are physicians—not a bad credential amid a pandemic—who support climate action. In Kansas, Barbara Bollier faces an incumbent funded by Charles Koch. In Alaska, Al Gross urges a transition away from oil, though his openness to limited drilling in the Arctic National Wildlife Preserve dims his appeal to green groups. He faces incumbent Republican Dan Sullivan, who receives an 8 percent lifetime voting record from the League of Conservation Voters.</p>
Will Local and State Races Advance Climate Progress?<h4>THE CLIMATE HAWKS</h4><p>Under Democratic and Republican leadership alike, Washington has long been a graveyard for strong climate action. But governors can boost or block renewable energy; the Vermont and New Hampshire races are worth watching. Attorneys general can sue fossil fuel companies for lying about climate change; climate hawks are running for the top law enforcement seats in Montana and North Carolina. State legislatures can accelerate or delay climate progress, as the new Democratic majorities in Virginia have shown. Here, races to watch include Pennsylvania, North Carolina, and Colorado.</p><h4>THE CLIMATE POLICY MAKERS</h4><p>Perhaps the most powerful, and most overlooked, climate policy makers are public utility commissions. They control whether pipelines and other energy infrastructure gets built; they regulate whether electric utilities expand solar and energy efficiency or stick with the carbon-heavy status quo. Regulatory capture and outright corruption are not uncommon.</p><p>A prime example is Arizona, where a former two-term commissioner known as the godfather of solar in the state is seeking a comeback. Bill Mundell argues that since Arizona law permits utilities to contribute to commissioners' electoral campaigns, the companies can buy their own regulators. Which may explain why super-sunny Arizona has so little installed solar capacity.</p><p>In South Dakota, Remi Bald Eagle, a Native American U.S. Army veteran, seeks a seat on the South Dakota Public Utilities Commission, which rules on the Standing Rock oil pipeline. And in what <em>HuffPost</em> called "the most important environmental race in the country," Democrat Chrysta Castaneda, who favors phasing out oil production, is running for the Texas Railroad Commission, which despite its name decides what oil, gas, and electric companies in America's leading petro-state can build.</p>
Will the Influencers Usher in a Green New Era?<h4>THE UNCOUNTED</h4><p>The story that goes largely under-reported in every U.S. election is how few Americans vote. In 2016, some 90 million, <a href="https://www.pewresearch.org/politics/2018/08/09/an-examination-of-the-2016-electorate-based-on-validated-voters/" target="_blank" rel="noopener noreferrer">roughly four out of every 10 eligible voters</a>, did not cast a ballot. Attorney Nathaniel Stinnett claims that 10 million of these nonvoters nevertheless identify as environmentalists: They support green policies, even donate to activist groups; they just don't vote. Stinnett's <a href="https://www.environmentalvoter.org/" target="_blank" rel="noopener noreferrer">Environmental Voter Project</a> works to awaken this sleeping giant.</p><h4>THE SUNRISE MOVEMENT</h4><p>Meanwhile, the young climate activists of the <a href="http://www.sunrisemovement.org/" target="_blank" rel="noopener noreferrer">Sunrise Movement</a> are already winning elections with an unabashedly Green New Deal message. More than any other group, Sunrise pushed the Green New Deal into the national political conversation, helping Representative Alexandria Ocasio-Cortez and Senator Ed Markey draft the eponymous congressional resolution. In 2020, Sunrise has helped Green New Deal champions defeat centrists in Democratic primaries, with Markey dealing Representative Joe Kennedy Jr. the first defeat a Kennedy has ever suffered in a Massachusetts election. But can Sunrise also be successful against Republicans in the general elections this fall?</p><h4>THE STARPOWER</h4><p>And an intriguing wild card: celebrity firepower, grassroots activism, and big-bucks marketing have converged behind a campaign to get Latina mothers to vote climate in 2020. Latinos have long been the U.S. demographic most concerned about climate change. Now, <a href="https://votelikeamadre.com/" target="_blank" rel="noopener noreferrer">Vote Like A Madre</a> aims to get 5 million Latina mothers in Florida, Texas, and Arizona to the polls. Jennifer Lopez, Salma Hayak, and Lin-Manuel Miranda are urging mothers to make a "pinky promise" to vote for their kids' climate future in November. Turning out even a quarter of those 5 million voters, though no easy task, could swing the results in three states Trump must win to remain president, which brings us back to the first category, "Will the White House Turn Green?"</p>
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By Tony Carnie
South Africa is home to around 1,300 of the world's roughly 7,100 remaining cheetahs. It's also the only country in the world with significant cheetah population growth, thanks largely to a nongovernmental conservation project that depends on careful and intensive human management of small, fenced-in cheetah populations. Because most of the reserves are privately funded and properly fenced, the animals benefit from higher levels of security than in the increasingly thinly funded state reserves.
Vincent van der Merwe at a cheetah translocation. Endangered Wildlife Trust
Under Pressure<p>Cheetah populations elsewhere in Southern Africa have not prospered over the past 50 years. In Zimbabwe, cheetah numbers have crashed from 1,500 in 1975, to just 170 today. Botswana's cheetah population has held steady at around 1,500 over the same period, but illegal capture for captive breeding and conflicts with farmers and the growing human population are increasing. In Namibia, there were an estimated 3,000 cheetah in in 1975; roughly 1,400 remain today.</p><p>In contrast, South Africa's cheetah numbers have grown from about 500 in 1975 to nearly 1,300 today. Van der Merwe, who is also a Ph.D. student at the University of Cape Town's Institute for Communities and Wildlife in Africa (iCWild), says he's confident that South Africa will soon overtake Namibia and Botswana, largely because the majority of South African cheetahs are protected and managed behind fences, whereas most of the animals in the neighboring countries remain more vulnerable on mainly unfenced lands.</p><p>Wildlife researchers Florian Weise and colleagues have reported that private stock owners in Namibia still trap cheetahs mainly for translocation, but there are few public or private reserves large enough to contain them. Weise says that conservation efforts need to focus on improving tolerance toward cheetahs in commercial livestock and game farming areas to reduce indiscriminate trapping.</p><p>Van der Merwe says fences can be both a blessing and a curse. While these barriers prevent cheetahs and other wild animals from migrating naturally to breed and feed, they also protect cheetahs from the growing tide of threats from humanity and agriculture.</p><p>To simulate natural dispersion patterns that guard against inbreeding, the trust helps landowners swap their animals with other cheetah reserves elsewhere in the country. The South African metapopulation project has been so successful in boosting numbers that the trust is having to look beyond national boundaries to secure new translocation areas in Malawi, Zambia and Mozambique.</p><p>Cheetah translocations have been going on in South Africa since the mid-1960s, when the first unsuccessful attempts were made to move scores of these animals from Namibia. These relocations were mostly unsuccessful.</p>
Charli de Vos uses a VHF antenna to locate cheetahs in Phinda Game Reserve. Tony Carnie for Mongabay
Swinging for the Fences<p>But other wildlife conservation leaders have a different perspective on cheetah conservation strategy.</p><p>Gus Mills, a senior carnivore researcher retired in 2006 from SANParks, the agency that manages South Africa's national parks, after a career of more than 30 years in Kalahari and Kruger national parks. He says the focus should be on quality of living spaces rather than the quantity of cheetahs.</p><p>Mills, who was the founder of the Endangered Wildlife Trust's Carnivore Conservation Group in 1995, and who also spent six years after retirement studying cheetahs in the Kalahari, says it's more important to properly protect and, where possible, expand the size of existing protected areas.</p><p>He also advocates a triage approach to cheetah conservation, in which scarce funds and resources are focused on protecting cheetahs in formally protected areas, rather than diluting scarce resources in an attempt to try and save every single remaining cheetah population.</p><p>"People have an obsession with numbers. But I believe that it is more important to protect large landscape and habitats properly," Mills said.</p><p>He suggests that cheetahs enclosed within small reserves live in artificial conditions: "It's almost like glorified farming."</p><p>"In the long run we have to focus on consolidating formally protected areas," he added. "Africa's human population will double by 2050, so cheetah populations in unfenced areas will become unsustainable if they are eating people's livestock."</p>
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