Appalachian Voices issued the following press release to news outlets in North Carolina. A similar version was released nationally by the eleven environmental and public health groups involved in this litigation.
Delayed Coal Ash Regulations Put Public Health at Risk
Groups head to court to force issuance of important national safeguards
Washington, D.C. – Environmental and public health groups announced their intent to sue the U.S. Environmental Protection Agency in federal court to force the release of long awaited public health safeguards against toxic coal ash. The EPA has delayed the first-ever federal protections for coal ash for nearly two years despite more evidence of leaking ponds, poisoned groundwater supplies and threats to public health.
“We have waited long enough for the EPA to act,” says Sandra Diaz, Appalachian Voices’ North Carolina Campaign Coordinator. “In North Carolina, we know for a fact that many coal ash ponds are contaminating groundwater, and we need the EPA to step up and provide strong guidelines to ensure public health and safety.”

This aerial photo of a coal-fired power plant in Asheville, N.C. is provided by the French Broad Riverkeeper.
Earthjustice, on behalf of Appalachian Voices (NC), Chesapeake Climate Action Network (MD), Environmental Integrity Project, French Broad Riverkeeper (NC), Kentuckians For The Commonwealth (KY), Montana Environmental Information center (MT), Physicians for Social Responsibility, Prairie Rivers Network (IL), Sierra Club and Southern Alliance for Clean Energy (TN), sent the EPA a notice of intent to sue the agency under the Resource Conservation and Recovery Act (RCRA). The law requires the EPA to ensure that safeguards are regularly updated to address threats posed by wastes. However, the EPA has never undertaken any action to ensure safeguards address the known threats posed by coal ash, a toxic mix of arsenic, lead, hexavalent chromium, mercury, selenium, cadmium and other dangerous pollutants that result from burning coal at coal-fired power plants.
More than 5.5 million tons of coal ash is created each year in North Carolina, the ninth highest in the country. There are 26 active ponds in the state, 12 of which have been rated “high-hazard” by the EPA, meaning that if the ponds were to break, it would probably cause a loss of human life. The state has not moved to create state-specific standards on coal ash, though utilities have been required to do additional groundwater monitoring
“As we witness a state legislature intent on weakening the ability of state agencies like the Department of Environment and Natural Resources to do its job, we need the EPA to move forward with strong federally-enforceable guidelines that will protect communities from the dangers of coal ash,” said Pricey Harrison, a state legislator who represents Guilford County.























