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2014 Coal Ash River - Photo By Waterkeeper Alliance Inc

Site of Duke Energy Coal Ash Spill
Photo b Waterkeeper Alliance

A federal grand jury and North Carolina regulators are investigating Duke Energy, the nation’s largst electric power holding company, as part of a widening criminal investigation initiated by a massive coal ash spill that coated 70 miles of the Dan River with toxic sludge back in February.

The Dan River spill was the third largest coal ash spill in the nation’s history – an estimated 39,000 tons of coal ash were released. Since the Dan River spill the company has been cited for eight more violations.

Controversy Continues

The North Carolina Department of Environment and Natural Resouces (DENR) says Duke Energy illegally pumped 61 million gallons of contaminated water over six months from two coal ash pits at its’ Cape Fear plant in Moncure, N.C., and into a tributary of the Cape Fear River

2014 Pumping from a Duke Energy Waste Pond to a Nearby Stream - Photo by Rick Dove, Waterkeeper Alliance

Pumping from a Duke Energy
Waste Pond to a Nearby Stream
Photo by Rick Dove, Waterkeeper Alliance

A couple of weeks ago Waterkeeper Alliance took aerial photographs showing that Duke Energy has been pumping coal ash into a tributary of the Cape Fear River, a local drinking souce. The state is now testing water in the river to check for contaminants. There are several towns and cities downstream of the most recent spill, but none of them have reported any problems with their drinking water so far.

Duke has unlined coal ash pits at 14 power plants in North Carolina, and all of these were cited last year for polluting groundwater.

Coal ash is a byproduct of burning coal and it is highly toxic to humans and wildlife. Coal ash contains arsenic, lead, mercury and more than a dozen other heavy metals. Studies from the EPA have found that people living within one mile of unlined coal ash ponds can have a 1 in 50 risk of cancer.

NC Pulls Deal with Duke

North Carolina regulators have withdrawn a coal ash violations settlement the would have allowed Duke Energy to resolve environmental violations by paying a $99,000 fine with no requirement to clean up its pollution.

2014-02-05 Signs of coal ash swirl in the water in the Dan River in Danville Va - Photo by Gerry Broome, AP)

On Feb, 5, 2014, signs of coal ash swirl in
the water inthe Dan River in Danville, VA.
Photo by Gerry Broome, AP

State regulators now say that they will partner with the U.S. Environmental Protection Agency (EPA) to pursue joint investigation and enforcement against Duke Energy for Clean Water Act violations related to the Dan River spill and new concerns about the illegal dumping of coal ash at another of the company’s facilities.

Duke Energy has a clear record of complete disregard for pollution and environmental laws. Unfortunately, Duke has so much clout in the North Carolina legislature that it will be difficult for regulators to punish Duke with penalties that match the crime.

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Duke Energy said on Monday afternoon that between 50,000 to 82,000 tons of coal ash and up to 27 million gallons of water were released from a pond at its retired coal fired power plant in Eden, NC, and spilled into the Dan River.

2014-02-04 Re-enforcing and patching the berm to the ash basin at the Duke Energy Dan River Steam Station in Eden, N.C.Joseph Rodriquez - News & Record

Re-enforcing and patching the berm to the ash basin at the Duke Energy Dan River Steam Station in Eden, N.C.
Photo by Joseph Rodriquez, News & Record

Duke said a 48-inch stormwater pipe beneath the unlined 27-acre ash pond broke Sunday afternoon, and tens of thousands of tons of coal ash and water drained into the pipe before spilling into the Dan River. Duke Energy says that the dam along the river remains secure and has not been affected.

Duke did not issue a press release to inform the public until Monday afternoon, more than 24 hours after the spill occurred.  Duke said it notified local emergency managers and the N.C. Department of Environment and Natural Resources on Sunday afternoon. Duke says the leak has been temporarily stopped and they are working on a permanent solution. Duke has 14 coal fired power plants in the state, seven of which have been retired.

The closest community downstream from the spill is Danville, VA, which takes its water from the Dan River only six miles from the pond. Officials are saying that water samples confirm that the water leaving the city’s treatment facility meets public health standards.

“All water leaving our treatment facility has met public health standards,” said Barry Dunkley, division director of water and wastewater treatment for Danville Utilities. “We do not anticipate any problems going forward in treating the water we draw from the Dan River.”

Coal ash, the toxic waste material left after coal is burned, contains arsenic, mercury, lead, and more than a dozen other heavy metals. Studies from the EPA have found that people living within one mile of unlined coal ash ponds can have a 1 in 50 risk of cancer.

This coal ash spill is the third-largest in U.S. history. In 2008, more than a billion gallons of coal ash slurry spilled at the Tennessee Valley Authority’s Kingston coal plant in Tennessee.

The Dan River coal ash spill is the latest in a string of industrial accidents that have jeopardized the environment and health of citizens downstream.

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With climate legislation held up in the Senate and the Copenhagen climate talks’ failure to produce a binding, international agreement, the Environmental Protection Agency (EPA) has emerged as the critical agency in regulating greenhouse gas emissions. Through application of the Clean Air Act, the EPA has the authority to curb climate change. Unfortunately, U.S. Senator Lisa Murkowski of Alaska and lobbyists for some of the biggest polluters in the country have other plans for the Clean Air Act.

Tomorrow, Senator Murkowski is planning to introduce an amendment that would halt the EPA’s implementation of the Clean Air Act and undermine one of our most important environmental laws.

We know that big energy likes the amendment, since they helped draft it. In the Washington Post, a lobbyist for energy giants like Southern Co. and Duke Energy, Jeff Holmsted, admitted to working with Murkowski’s staff on the exact language of the amendment.This is after Senator Murkowski received more than $124,500 from Holmsted’s clients.

Don’t let Big Energy write the law to pollute more! Tell your Senator to protect the Clean Air Act.

The Murkowski amendment seeks to reverse the EPA’s critical finding that greenhouse gas pollution endangers public health. The endangerment finding triggers the Clean Air Act and prompts the EPA to take the first step toward curbing climate change pollution.

Murkowski’s attempt to eviscerate our best existing tool for reducing greenhouse gas pollution not only threatens our ability to reduce the carbon in our atmosphere, but also serves as another shameful example of the role Big Polluters are playing in stalling climate change action.

Please act today to tell the Senate we need the Clean Air Act to curb global warming, and to oppose the attempts of Murkowski and Big Polluters to gut the Act.

Thank you for all you do!

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Check out the following statement from Common Cause railing on the energy industry for exerting undue influence over the House Committee on Energy and Commerce.  I can’t say I’m surprised to hear that energy interests gave an average$107,230 in campaign contributions to Energy and Commerce committee members, nearly twice as much than any other member of the House — but I can say that I’m disappointed.  When our leaders receive this kind of money from the very industries they’re supposed to regulate, you’ve got to wonder who they’re really working for.  Cheers to Common Cause for not pulling any punches.

On eve of climate debate, energy industry opens wallet

Statement of Bob Edgar, President of Common Cause, on energy industry influence on the House Committee on Energy and Commerce

As the House Committee on Energy and Commerce begins debate on a draft energy bill, an immediate and intense battle over whether this bill can pass in Congress is likely. Energy and climate change issues are high on the minds of the American people and were debated aggressively during the 2008 elections. The public demands action and deserves it.

The energy industry has already been active, though, and the American people similarly deserve to see how the industry – whose profits and future depend on decisions made in Congress, particularly the Energy and Commerce committee – has exerted tremendous influence over this debate already through targeted campaign contributions and massive lobbying expenditures.

A Common Cause analysis revealed that major energy interests contributed more than twice as much to Energy and Commerce committee members’ campaigns, on average, than to other members of Congress. Committee members received an average of $107,230 in campaign cash from the energy sector in the last election, while their non-committee counterparts collected an average of $46,539, a difference of over 130 percent.

The largest player in the energy sector, electric utilities like Southern Company and Duke Energy, had the most pronounced targeting of its campaign contributions. The average Energy and Commerce committee member received $49,495 from electric utility interests alone in the 2008 cycle, while a non-committee member received an average of $18,579, a difference of over 160 percent.

It’s an old adage that money follows power in Washington, but that refrain takes on new meaning – and potentially dangerous consequences – when the wealthy special interests are clearly poised to exert enormous influence over a decision as crucial as how to tackle energy independence, green jobs, and a warming planet. (more…)

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Good news from Bay City!  The preliminary hearing for White Stallion Energy Center was this morning, and the No Coal Coalition, Sierra Club, and Environmental Defense Fund ALL GOT STANDING.  That means that when the real contested case hearing happens, in six months or so, we’ll all be legal parties to the process.

Anyone looking for more information on White Stallion or interested in getting involved in this fight is encouraged to visit the No Coal Coalition’s website.  There you can find articles about the plant, sign up for e-mail updates, and get protest stickers and yard signs.  You should also, of course, check out Coal Block and join the community to get in contact with other organizers and activists.

happy-lil-old-ladyMaybe some day you can be as cool as this lady, who was among more than 40 people that just got arrested at a peaceful protest of Duke Energy over their coal policies. Nearly 300 people gathered near their headquarters in Charlotte, South Caroline this morning “to decry the expansion of Duke’s Cliffside coal-fired power plant in Rutherford County, its use of coal mined by flattening Appalachian mountains and its contributions to global warming.”

Definitely check out the slide show from this protest.  Inspiring stuff… anybody want to do it here?  Go link up on Coal Block Community.  Its like Facebook for anti-coal activists.

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