Companies that flout the Clean Water Act release chemicals such as arsenic, dioxin, mercury, or PFAS in our waterways, making it unsafe to eat the fish we catch.
PFAS stands for per-and polyfluoroalkyl substances, which contain a strong carbon-fluorine bond that allows them to accumulate over time in the environment and in the bodies of animals and people, posing health risks.
What we do to resolve this issue:
In a landmark development, the Environmental Protection Agency issued a proposed denial of Alabama’s coal ash program, written and overseen by the Alabama Department of Environmental Management (ADEM), finding that ADEM’s plan is not compliant with federal law.
If the EPA’s proposed denial becomes final, ADEM will not have the authority to operate a regulatory program under federal coal-ash rules. Alabama Power has consistently argued the ADEM permits they’ve received for closure of their coal ash pits indicate their disposal plans are safe, but a denial by the EPA would mean these permits do not meet federal coal-ash standards.
The marks the EPA’s first proposed denial of a state coal ash permit program.
In September 2022, the Southern Environmental Law Center, on behalf of Mobile Baykeeper, filed a lawsuit against Alabama Power in The U.S. District Court for the Southern District of Alabama challenging the closure of the Plant Barry coal ash pit.
The lawsuit, which is currently pending, argues that Alabama Power’s plan to cap in place more than 21 million tons of toxic coal ash along the banks of the Mobile River would “leach pollutants into public waters of the United States and of Alabama indefinitely,” and would be in violation of the Resource Conservation and Recovery Act, along with the federal coal-ash rules enacted in 2015. Under the federal regulations, surface impoundments cannot be closed if, once closure is complete, the coal ash continues to be saturated by groundwater.
In March 2023, the EPA issued a Notice of Potential Violation to Alabama Power for its storage of coal-ash at Plant Barry, stating that the power utility had “potentially violated” federal standards.
Across the Southeast, more than 250 million tons of hazardous coal ash are being excavated from unlined pits near waterways. The excavated ash is being recycled or safely disposed of in modern, lined landfills away from rivers. Alabama Power’s sister company Georgia Power is recycling and properly disposing of more than 65 million tons of ash. It is critical the state of Alabama implements similar safeguards.
With the support of engaged Alabamians and the EPA’s firm stance, Mobile Baykeeper remains hopeful Alabama will adopt a permitting program that prioritizes the protection of both citizens and ecosystems in Alabama.
In coastal Alabama, fishing is not just a pastime or a source of sustenance, it is a part of who we are. However, over many years, our waters and fish have been changed by pollution. In fact, 217 advisories recommend limiting fish consumption in various water bodies across Alabama!
The state’s fish consumption advisory program is at the heart of The SHOR Act, which was introduced with bipartisan support, and passed both the House and Senate in 2023 but failed to reach the governor’s desk. The SHOR Act would codify this program, requiring it to take place each year.
The bill, if signed into law, would also create a Blue Ribbon Fish Consumption Advisory Panel to meet annually to continue to improve the program for the health and safety of all Alabamians. Groups like Mobile Baykeeper, Coosa Riverkeeper, Alabama Rivers Alliance, Conservation Alabama and Waterkeepers Alabama feel that there are other areas in which this program could be improved, such as more frequent testing of the fish and expanding sampling for PFAS. PFAS stands for per-and polyfluoroalkyl substances, which contain a strong carbon-fluorine bond that allows them to accumulate over time in the environment and in the bodies of animals and people, posing health risks.
