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The document criticizes a proposed EPA rule that would allow coal ash ponds to remain open until 2038, arguing that this delay prolongs the leakage of toxins into groundwater and increases the risk of catastrophic dam failures, disproportionately affecting low-income communities and communities of color.

Coal-fired power plants are identified as the largest source of toxic water pollution in the United States, discharging billions of pounds of heavy metals into waterways annually. A review of 386 plants reveals that nearly 70% of those discharging coal ash and scrubber wastewater have no effluent limits on key toxins like arsenic and mercury, often operating under expired permits. The report highlights severe ecological damage, including massive fish kills in North Carolina and groundwater contamination in Missouri and Illinois, and notes that these plants are frequently located in marginalized communities. While the EPA proposed updated standards, the report argues that political interference from the Office of Management and Budget (OMB) weakened these options. It advocates for 'Option 5,' a zero-discharge standard utilizing dry ash handling and vapor compression evaporation, asserting that such controls are cost-effective and would significantly reduce pollution.

Colorado generates over 1.7 million tons of coal ash annually from 14 coal-fired power plants. The state's regulatory framework is criticized for exempting on-site landfills and ponds from groundwater monitoring and not requiring composite liners or leachate collection systems. This lack of oversight, combined with the age of 40 existing ponds—31 of which are over 30 years old—increases the risk of groundwater contamination, particularly from arsenic, affecting residents relying on private wells. Additionally, the document notes that non-white individuals and people living below the poverty line are over-represented in zip codes hosting these plants.

The document details the prevalence of coal ash ponds in Minnesota, highlighting that nine are rated as 'significant hazard' and many lack modern liners due to their age. It argues that Minnesota's regulations are insufficient, failing to require comprehensive groundwater monitoring, composite liners for new sites, or financial assurances for cleanup. Evidence of environmental damage is cited, including groundwater contamination at the Sherburne County Generating Plant and Boswell Energy Center, and a note that low-income individuals are over-represented by 43% in zip codes hosting coal-fired power plants.

The document contends that S.2446 protects utility companies rather than the public by eliminating federal standards for drinking water protection, prohibiting the siting of coal ash dumps in floodplains, and delaying the closure of structurally unsound impoundments. It asserts that the bill removes critical EPA oversight and financial assurance requirements, potentially shifting the cost of toxic spills to taxpayers. The text highlights that coal ash contains harmful chemicals like arsenic and mercury, and that nearly 70% of coal ash lagoons affect low-income and minority communities.

The report documents widespread groundwater and surface water contamination in Virginia caused by coal ash ponds and landfills, highlighting critical failures in state regulatory oversight. It identifies specific high-risk 'significant hazard' dams and contaminated sites across the Commonwealth, noting that 76% of these facilities are located in low-income communities or communities of color. The authors argue that current Virginia regulations are inadequate—failing to mandate liners or consistent groundwater monitoring—and urge the state to adopt the more stringent 2014 EPA coal ash rule while opposing H.R. 1734, a federal bill that would weaken those protections.

The report details the environmental and public health impacts of waste incinerators in New Jersey, specifically highlighting how these facilities are located in low-income communities of color. It provides data on air pollution emissions and permit violations, criticizes the use of renewable energy subsidies for incineration, and proposes a policy framework to phase out incinerators in favor of zero-waste strategies.

The document argues that adopting the ACT rule is essential for New York to meet its climate goals under the Climate Leadership and Community Protection Act (CLCPA) and to address severe public health disparities caused by diesel emissions. It highlights that medium- and heavy-duty vehicles (MHDVs) are a primary source of greenhouse gases and toxic air pollutants, particularly in communities of color. The authors assert that zero-emission MHDVs are technically viable and cost-effective, projecting that the rule would add over 228,000 zero-emission vehicles by 2050 and generate $1.9 billion in net societal benefits. The statement recommends strengthening the rule by limiting early crediting to one year and lowering the fleet reporting threshold to five vehicles to better identify pollution hot spots and address labor misclassification.

The document highlights how the lack of specific zoning definitions for last-mile warehouses in New York City allows developers to build facilities "as-of-right" in manufacturing and C8 districts without public input or environmental review. This has led to a concentration of warehouses in low-income, predominantly Black and Hispanic/Latinx neighborhoods, exacerbating air pollution from diesel trucks and increasing asthma rates. The Last Mile Coalition proposes a city-wide text amendment to require special permits, ensure setbacks from sensitive sites like schools and public housing, and mandate mitigation measures such as the use of electric vehicles or waterways.

A coalition of 73 organizations argues that California's 2022 Draft Scoping Plan fails to accelerate climate targets or increase the pace of action beyond existing commitments. The group proposes a comprehensive set of revisions, including phasing out oil extraction by 2035 and refining by 2045, banning new gas-fired power generation immediately, and achieving a zero-carbon electric sector by 2035. They also call for a 30% reduction in vehicle miles traveled by 2035, a phase-out of new gas appliance sales by 2030, and the limitation of carbon capture and storage (CCS) and carbon dioxide removal (CDR) to only the most essential, hard-to-decarbonize sectors.

The document argues that New York's Draft Scoping Plan (DSP) relies too heavily on industry-biased accounting and voluntary measures. It recommends prioritizing forest preservation over harvesting, eliminating forest-based carbon offsets, implementing mandatory methane regulations for large concentrated animal feeding operations (CAFOs), and adopting specific statewide targets for soil health practices.

The report details how coal ash, particularly fly ash, contains toxic metals and radioactive materials that pose severe health risks when inhaled as fugitive dust. It highlights the lack of federal regulations for dust control at landfills and ponds, noting that state-level requirements are often inadequate. The document provides case studies of impacted communities, including the Moapa River Indian Reservation and Uniontown, Alabama, and calls for a transition to renewable energy and the establishment of enforceable federal standards to mitigate these hazards.

The document evaluates the FDEP's proposed revisions to water quality criteria for 81 harmful chemical substances. It argues that the FDEP's reliance on Monte Carlo simulations is premature and flawed, leading to criteria that are substantially less protective than U.S. EPA recommendations. The author highlights failures to protect sensitive populations, including children and subsistence fishers, and criticizes the proposed compliance monitoring plan as inadequate.

The report details the environmental and public health impacts of waste incinerators in New Jersey, highlighting their disproportionate location in overburdened communities of color and low-income areas. It documents significant air permit violations and the receipt of millions in clean energy subsidies despite high emissions. The authors propose a shift toward a zero-waste hierarchy—emphasizing redesign, reduction, reuse, recycling, and composting—and recommend that New Jersey ban new incinerators and decommission existing ones by 2030.

The report details a long history of toxic pollution and regulatory non-compliance at the Quemetco secondary lead smelter in the City of Industry, California. It documents extensive lead, arsenic, and hexavalent chromium contamination in the air, soil, and water, affecting predominantly low-income and minority communities. The author argues that Quemetco has exploited a flawed regulatory system to avoid accountability and recommends that California regulators deny its permit renewals and expansion requests, ultimately shutting down the facility in favor of cleaner energy storage alternatives like lithium-ion batteries.

The fact sheet contends that S.3512 is a threat to public health and safety because it lacks firm deadlines for state permit programs, fails to mandate engineering standards for coal ash ponds, and strips the EPA of its authority to regulate the nation's second largest industrial waste. The author asserts that the bill ignores the 2008 Kingston disaster and discourages recycling by permitting the continued use of water-based ash ponds. Furthermore, the document highlights a lack of public participation guarantees and the potential for utilities to withhold groundwater monitoring data as 'Confidential Business Information'.

The report argues that the Safe Drinking Water Act (SDWA) has transitioned from an 'outstanding' to an 'outdated' framework due to 1996 amendments that slowed the regulation of new contaminants and a chronic lack of federal infrastructure funding. It highlights critical failures in monitoring and sampling protocols, which allow water systems to use infrequent or misleading tests, and criticizes the lack of transparency in Consumer Confidence Reports. The document emphasizes that low-income, Black, and Indigenous communities disproportionately suffer from these weaknesses. A case study of the Red Hill Bulk Fuel Storage Facility in O‘ahu illustrates how the SDWA failed to detect and report jet fuel and PFAS contamination. Earthjustice calls for a modernized SDWA with streamlined chemical regulation, advanced monitoring technology, and at least $20 billion in annual federal funding.

The report documents a systemic 'environment of fear' in South Africa's mining regions, where activists facing environmental and social harms from mining are targeted with physical violence, death threats, and legal harassment. It highlights the failure of the South African government to protect these defenders and the role of municipalities in imposing extra-legal restrictions on peaceful assembly. The document also details the use of SLAPP suits and social media attacks by mining companies to silence opposition, while noting the severe environmental and health costs of mining, including water pollution and respiratory diseases.

EESI identifies systemic barriers, structural racism, and economic inequality as inextricably linked to environmental and energy issues. The organization has adopted a board resolution establishing justice, equity, diversity, and inclusion as core values to guide its technical assistance, policy work, and communications.

The report provides a comprehensive list of public laws from 2017 to 2022 that address climate adaptation, focusing heavily on national security, disaster relief, and infrastructure resilience. Key legislative trends include the integration of climate risk into Department of Defense (DoD) planning, the expansion of pre-disaster mitigation funding through the Disaster Recovery Reform Act and the Infrastructure Investment and Jobs Act, and targeted conservation efforts for forests, wetlands, and the Arctic. The document details specific mandates for flood mapping, sea-level rise projections for military installations, and the creation of specialized funds for community resilience and drought management.