Search Climate Insights Directory

The document presents a series of quotes from representatives of Earthjustice, the Montana Sierra Club, and local community groups opposing proposed legislative changes to coal leasing. The critics argue that the provisions would reduce royalty rates for the government, fast-track permits by removing public comment opportunities, and provide a 'giveaway' to the coal industry while exacerbating water pollution, air pollution, and public health risks, particularly in Montana.

This fact sheet by Earthjustice opposes Senate Bill S.1751, claiming it undermines federal oversight of coal ash disposal and poses significant risks to public health. The document argues that the bill is weaker than existing RCRA subtitle D regulations for household waste, fails to prevent catastrophic dam failures, and discourages the recycling of coal ash by allowing the indefinite operation of 676 ash ponds. It highlights the toxicity of coal ash—noting cancer risks 2,000 times the EPA's regulatory goal in some areas—and cites a Tufts University study suggesting a stronger EPA rule could have generated 28,000 jobs.

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.

South Carolina generates nearly 2.2 million tons of coal ash annually, utilizing 22 ponds across 9 plants and several landfills. Many of these sites lack liners and leachate collection systems, leading to documented groundwater and ecological contamination by substances such as arsenic and nickel. The document argues that state regulations are deficient in dam oversight and basic operating safeguards for ash disposal.

Texas ranks second in the US for coal ash generation, producing 12.2 million tons annually. The state's disposal infrastructure is characterized by a lack of groundwater monitoring and inadequate lining in most ponds and landfills. This has led to documented contamination of groundwater and reservoirs with selenium, arsenic, and molybdenum, as well as structural failures in dams. Texas regulations are described as among the worst in the nation due to broad exemptions for on-site disposal and beneficial reuse, such as mine-filling.

The document details the presence of 18 coal ash ponds across 8 plants in Tennessee, noting that 14 are rated as either 'high' or 'significant' hazards. It highlights widespread groundwater and surface water contamination linked to Tennessee Valley Authority (TVA) sites and the 2008 Kingston Coal Ash Spill, arguing that Tennessee's dam safety laws specifically exempt coal-ash dams, leading to inadequate oversight.

Virginia generates approximately 2.4 million tons of coal ash annually, ranking 18th in the U.S. The state's infrastructure includes 30 ponds at 11 plants, 13 of which are unlined and have an average age of 47 years, exceeding their 40-year projected lifespan. Eight ponds are classified as "significant hazard," with two rated in "poor" condition by the EPA, including sites at the Chesapeake Energy Center and Clinch River Power Plant. Contamination has led to two federal Superfund sites and significant ecological damage, such as a 1967 collapse at the Clinch River Plant that killed 217,000 fish. The document argues that Virginia's regulations are deficient, as they do not mandate composite liners, groundwater monitoring, or state inspections for all ash landfills and ponds.

West Virginia ranks 4th in the U.S. for coal ash generation, producing over 7.2 million tons annually. The state's disposal infrastructure is characterized by aging, often unlined ponds with significant safety hazards and documented water contamination. The document argues that West Virginia's regulatory framework is deficient, failing to require basic safeguards, regular state inspections, groundwater monitoring, or financial assurances for cleanup.

Wisconsin generates 1.4 million tons of coal ash annually and has the highest number of documented coal ash contamination sites in the U.S. While the state maintains a high recycling rate of at least 85% due to stringent disposal costs, many existing ponds are over 30 years old and lack liners or leachate collection systems. The document identifies 13 specific contaminated sites and highlights a 2011 bluff collapse at the Oak Creek Plant that released coal ash into Lake Michigan.

The document describes coal ash as a toxic industrial waste stream containing carcinogens and neurotoxins that contaminate air, soil, and water when improperly managed. It evaluates various disposal methods, identifying unlined surface impoundments as the most hazardous and encapsulated reuse in concrete or gypsum as the safest. The guide outlines specific technical standards for landfills and ponds—including impermeable liners, groundwater monitoring, and siting prohibitions—and argues for enforceable, site-specific permits and financial assurance to ensure long-term remediation.

This fact sheet by Earthjustice opposes H.J. Res. 42, which seeks to overturn EPA regulations adopted in August 2010 to reduce mercury, soot, and other toxics from over 100 cement plants. The document emphasizes the severe developmental risks mercury poses to unborn babies and children, noting that the EPA's protections could prevent 2,500 premature deaths annually. It specifically identifies GCC of America, Inc. in Tijeras, New Mexico, as a source of mercury pollution and lists numerous New Mexico water bodies under fish consumption advisories due to mercury contamination.

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 analyzes the 'new generation' of mega-regional trade agreements—TTIP, TPP, and TiSA—characterizing them as a corporate blueprint to shift decision-making power from governments to transnational corporations. It highlights how these agreements use 'invitation only' negotiations to sidestep the WTO and counteract the influence of China and BRICS nations. The author details specific threats to public health, food safety, and environmental protections, including the use of Investor-State Dispute Settlement (ISDS) mechanisms that allow corporations to sue states over public interest laws. The document concludes by calling for a transition toward a trade regime based on human rights, food sovereignty, and sustainable local economies.

The report documents a sophisticated ecosystem of climate disinformation in Canada, where denial and delayism are used to delegitimise scientific consensus and policy. It identifies regional vulnerabilities, particularly in Alberta, Saskatchewan, and Manitoba, and highlights how climate narratives are often blended with anti-feminist, anti-2SLGBTQIA+, and anti-immigrant tropes. The analysis details the roles of domestic media, influencers, and transnational linkages in amplifying claims that climate policy is an authoritarian tool of global elites.

Global Witness presents evidence suggesting that David Bernhardt, the nominee for US Interior Department Secretary, may have misled Congress during his 2017 confirmation as Deputy Secretary by denying involvement in lobbying activities for Access Industries. The organization highlights that Bernhardt was previously listed as a lobbyist for Access in multiple reports filed by his law firm, Brownstein Hyatt Farber Schreck (BHFS), but these records were amended to remove his name just days before his 2017 nomination and shortly after a $1 million payment from Access to the Trump Inaugural Committee became public. Global Witness contends that Bernhardt's specialized expertise in energy and natural resources makes it unlikely he was not involved in supporting the firm's work for Access. The document also calls for the Senate to pass the For the People Act (H.R.1) to improve lobbying disclosure and regulate inauguration payments.

Global Witness asserts that the influence of corporate money in US politics, exacerbated by the Citizens United decision, has led to climate inaction and the failure to implement the Cardin-Lugar anti-corruption provision. The organization argues that the Securities and Exchange Commission's (SEC) proposed rules are insufficient because they do not require project-level payment disclosure, which is essential for detecting corruption in the extractive industries, as evidenced by cases involving Shell, Eni, and Glencore.

The International Institute for Sustainable Development (IISD) provides policy solutions and research to integrate environmental and social priorities with economic development. In Canada, the institute focuses on freshwater management through the Experimental Lakes Area, the development of a green economy, and addressing the challenges of resource development in the Arctic. IISD also works with the extractives industry on social licence and water management, and collaborates with partners in the U.S. and Mexico to develop a coordinated North American energy strategy to improve energy security and sustainability.

The document examines the tension between the precautionary principle—which advocates for protective action despite scientific uncertainty—and WTO rules that often require risk assessments and the least trade-restrictive measures. It highlights divergent North American and European approaches to risk assessment and discusses how the principle interacts with GATT, the TBT Agreement, and the SPS Agreement. The text argues that the WTO's current framework is ill-equipped for scientific uncertainty and suggests potential guidelines for applying precaution, including proportionality, transparency, and regular review.

The IISD argues that trade liberalization and sustainable development are not inherently incompatible, but that the current 'monothematic' approach of the WTO excludes critical environmental and development concerns. The document calls for a shift in the international trade system to place development at the center, rebuild trust with developing nations, and integrate environmental and social equity into trade policy to avoid 'green protectionism' and ensure sustainable growth.

The joint submission by CIEL, IISD, and ClientEarth asserts that ISDS mechanisms create a 'regulatory chill' that hinders states from implementing climate and environmental policies. It highlights that while investment treaties have negligible effects on promoting foreign direct investment, they impose significant costs on states, particularly in the Global South, by allowing investors to challenge environmental regulations. The authors recommend the termination of old-generation treaties, the carving out of climate measures from ISDS scope, and a shift toward resolving disputes in domestic courts.