Last week, a coalition of environmental and public health groups filed a lawsuit to compel the U.S. Environmental Protection Agency (EPA) to regulate the waste created when coal is burned (commonly known as coal ash). Coal ash is disposed of in almost every state, and areas near disposal sites can face increased risks of cancer and other diseases caused by drinking water contamination and exposure to toxins. The suit calls for EPA to set a deadline to adopt federal coal ash protections.

New calls for the regulation of coal ash began in 2008 after an embankment holding wet coal ash ruptured at the Tennessee Valley Authority's Kingston plant, releasing 5.4 million cubic yards of coal ash sludge that buried a community and severely contaminated a nearby river. Coal ash can contain arsenic, lead, chromium, and other heavy metals, all of which poison humans. Roughly five times more coal ash sludge engulfed the area around Kingston than oil spilled into the Gulf of Mexico during the BP oil spill disaster.

More than three years after the Kingston incident, and nearly two years after EPA proposed options for regulating coal ash, no final rules have been issued. Now, Congress is considering legislation that would limit federal oversight and authority over coal ash.

Earthjustice, on behalf of eleven groups, filed suit April 5 in U.S. District Court for the District of Columbia. The organizations are suing the agency under the Resource Conservation and Recovery Act (RCRA), which "requires the EPA to ensure that safeguards are regularly updated to address threats posed by wastes." Earthjustice attorney Lisa Evans stated, "It is well past time the EPA acts on promises made years ago to protect the nation from coal ash contamination and life-threatening coal ash ponds."

In 2010, EPA proposed two options for regulating coal ash:

• The first option would designate coal ash as a hazardous waste, requiring special handling, transportation, and disposal, and would closely monitor any potential reuse. This option would be far more protective of Americans' health and the environment.
• The second would regulate coal ash in a way used to control less toxic wastes like household garbage – an option that would limit EPA's responsibility and authority over coal ash management.

Both options would require that surface impoundments of coal ash have protective liners, mandate groundwater monitoring for landfills, and provide for corrective action where contamination is found (though the corrective action requirements are more extensive under the first option).

But Congress is now considering the Coal Residuals Reuse and Management Act (H.R. 2273). The bill passed the House Oct. 14 by a vote of 267-144 despite criticism from Democrats on the Energy and Commerce Committee. Its Senate companion bill, S. 1751, was introduced in October by Sens. John Hoeven (R-ND) and Kent Conrad (D-ND), after coal ash ponds in their state received "poor" inspection ratings. The bills would limit federal oversight and require the EPA to defer to states with respect to the regulation of coal ash. Most states do not have standards in place to protect against the dangers of uncontrolled coal ash, according to an August report from Earthjustice and the Appalachian Mountain Advocates.

Josh Galperin with the Southern Alliance for Clean Energy, one of the organizations bringing suit, said: "It has been over two years since EPA started the coal ash rulemaking process and over three years since the Kingston disaster and still we have no comprehensive safeguards. If you ignore the growing problem of coal ash contamination and the people at risk for future disasters you could chalk this up to bureaucratic delay. Looking at the big picture, however, and despite federal laws requiring frequent review, it has been 30 years since EPA last addressed ash contamination. The people who drink, fish, swim, boat, play or live around water cannot wait any longer."

The suit asks the court to require that EPA complete a review of the regulations applying to coal ash and issue necessary revisions as soon as possible. No court date has been set.

T­­oday, the Sena­­te will move forward with votes on transportation legislation that could affect Americans' health and the environment. Several amendments to the bill target two issues – the Keystone XL pipeline and the EPA 's lifesaving boiler rule, which limits hazardous air pollution from boilers and process heaters at industrial facilities.

UPDATE: This afternoon, Sen. Wyden's amendment on the Keystone pipeline was defeated 33-65. Sen. Hoeven's amendment on Keystone and Sen. Collins' boiler rule amendment both failed more narrowly, by votes of 56-42 and 52-46, respectively.

On Oct. 31, a landslide at the Wisconsin-based We Energies Oak Creek Power Plant sent piles of coal ash, along with dredging equipment and debris, into Lake Michigan. Thankfully, there were no injuries, but the incident is reminiscent of the disastrous 2008 coal ash spill in Kingston, TN – where a failed impoundment released 5.4 million cubic yards of coal ash that buried a community and severely contaminated a nearby river – and raises concerns about how to regulate the storage and disposal of coal ash.

Coal ash is a combustion byproduct that can contain arsenic, lead, chromium, and other heavy metals, all of which pose significant health threats to humans. Because the toxins in coal ash can leach from landfills and surface impoundments into rivers, lakes, and streams, there are dangers in handling coal ash, even if it is recycled for beneficial uses. According to the Milwaukee Journal Sentinel, We Energies reported coal ash had not been used as a fill material near the site in decades. But Cheryl Nenn, of Milwaukee Riverkeeper, said that the group wants "the environmental agencies and We Energies to study how much of that coal ash, if any, went into Lake Michigan because it does pose such a threat to human health and the environment." Investigators from Wisconsin’s Department of Natural Resources are examining potential contributing factors to the bluff collapse and subsequent mudslide, including an unlined storm water retention pond near the coal ash, water seepage from the pond into the coal ash, and construction activity, reported the Journal Sentinel.

Calls for greater federal regulation and oversight of coal ash followed the Tennessee disaster in 2008, but powerful industry opposition has obstructed efforts to impose greater oversight. And last month, a bill passed the House that would limit federal authority and require the EPA to defer the regulation of coal ash to states. Monday's coal ash spill in Wisconsin serves as a strong reminder of the potential dangers of coal ash and the need for consistent nationwide standards, especially given the poor safety ratings reported for coal ash impoundments in many states.

The U.S. Environmental Protection Agency (EPA) proposed two options for regulating coal ash in 2010. The first option would designate coal ash as a hazardous waste, requiring special handling, transportation, and disposal, and would closely monitor any potential reuse. The second would regulate coal ash in a way used to control less toxic wastes such as household garbage – an option that would limit EPA's responsibility and authority over coal ash management. Both regulatory options would require that surface impoundments of coal ash have protective liners, mandate groundwater monitoring for landfills, and provide for corrective action where contamination is found (though the corrective action requirements are more extensive under the first option). Already delayed, agency standards could be undermined by current legislative efforts.

The Coal Residuals Reuse and Management Act (H.R. 2273) passed in the House Oct. 14 by a vote of 267-144 and received votes of support from every Wisconsin representative. But the bill also incurred criticism from Democrats on the Energy and Commerce Committee and environmental groups. Earthjustice condemned the House for putting "the interests of corporate polluters ahead of the American public," and is urging citizens to take action against the Senate companion bill, S. 1751.

S. 1751 was introduced by Sens. John Hoeven (R-ND) and Kent Conrad (D-ND), despite the fact that coal ash ponds in their state recently received "poor" inspection ratings. EPA is releasing contractor reports assessing the structural integrity of impoundments containing coal ash at coal-fired power plants across the country. So far, a number of impoundments have been given both a "significant" potential hazard rating and a "poor" inspection report, including three in North Dakota.

All of this begs the question: How many spills, buried towns, and poisoned drinking water supplies will it take before Congress and the industry relent and allow the EPA to do its job to protect the American people from toxic coal ash?

In the Oct. 12 edition of The Watcher, we highlighted the multi-state listeriosis outbreak as an example of the high stakes of food safety regulation. Linked to cantaloupes from Colorado-based Jensen Farms, the deadliest foodborne disease outbreak in a decade has now killed 25 people. This week, the U.S. Food and Drug Administration (FDA) released a report from an investigation conducted in conjunction with the Centers for Disease Control and Prevention (CDC) that reveals some of the factors potentially contributing to the listeria contamination.

FDA’s "Environmental Assessment" included interviews with Jensen Farms management, on-site visits to the fields and facilities, and product sampling. The assessment concluded that facility design, equipment design, and post-harvest practices may have contributed to the growth and spread of the contamination. In addition, issues at the packing facility and cold storage were identified as the factors that most likely contributed to the contamination of the fresh cantaloupe. For example, the assessment found that the design of the facility allowed water to pool on the floor, that the "floor was constructed in a manner that was not easily cleanable," and that "the packing equipment was not easily cleaned and sanitized."

To prevent future contamination, FDA recommended that industry use good agricultural and management practices set out in the "Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables," produced by the FDA and the U.S. Department of Agriculture. The recommendations also emphasized that good practices should be used in packing facilities, as well as growing fields.

On Oct. 18, FDA sent Jensen Farms a warning letter listing violations found during the inspections and the locations within the facilities that tested positive for outbreak strains of listeria. The letter cautioned that FDA may take further action if Jensen Farms does "not promptly correct these violations," including seizing products or enjoining the company from continuing operations.

As investigations help shed light on the causes of contamination, regulators must be able to ensure that all food producers are consistently implementing the most protective safety and prevention practices available. The public should not have to worry that the next bite of cantaloupe, spinach, lettuce, hamburger, turkey, or other food could lead to severe illness or death from a foodborne illness.