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Monday, January 10, 2022

RSN: FOCUS: Manchin's Coal Corruption Is So Much Worse Than You Knew

 

 

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10 January 22

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Sen. Joe Manchin of West Virginia. (photo: J. Scott Applewhite/AP)
FOCUS: Manchin's Coal Corruption Is So Much Worse Than You Knew
Jeff Goodell, Rolling Stone
Goodell writes: "The senator from West Virginia is bought and paid for by Big Coal. With his help the dying industry is pulling one final heist - and the entire planet may pay the price."

The senator from West Virginia is bought and paid for by Big Coal. With his help the dying industry is pulling one final heist — and the entire planet may pay the price

One of the hardest things to grasp about the climate crisis is the connectedness of all things. One recent drizzly afternoon, I drove from Charleston, West Virginia, to the John Amos coal-fired power plant on the banks of the Kanawha River, near the town of Nitro. In the rain, the plant looked like one of the dark satanic mills that poet William Blake wrote about, with three enormous cooling towers that steamed like giant witches’ cauldrons. Across the river from the plant, mobile homes cluttered the bank of the Kanawha, streaked black with pollution that rained down on them 24/7.

I had visited the plant 20 years ago, on my first reporting trip to West Virginia. Back then, the plant seemed like an indomitable monument to the power of Big Coal. The facility, owned by Ohio-based utility giant American Electric Power, is capable of generating 3,000 megawatts of electricity, enough to power 2 million homes. It is also one of the biggest carbon polluters on the planet, emitting 13 million tons of CO2 each year, which is equal to the annual emissions of about 3 million cars.

When I look at John Amos today, I see fire and rising seas, disease and hunger. I see a rusting industrial contraption that takes CO2 captured by trees 300 million years ago and rereleases it into the sky, bringing the heat of the past to our future. Coal plants are one of the primary reasons why shopping malls were burning in Colorado this winter and reservoirs in the West are dry. They are why Antarctica is cracking up, threatening the future of virtually every low-lying city in the world, from Boston to Bangkok. They are why infectious-disease patterns are changing in Nepal and crops are failing in Kenya and roads are washing out in Appalachia.

At this point in human evolution, burning coal for power is one of the stupidest things humans do. Coal plants are engines of destruction, not progress. Thanks to the rapid evolution of clean energy, there are many better, cheaper, cleaner ways to power our lives. The only reason anyone still burns coal today is because of the enormous political power and inertia that the industry has acquired since the 19th century. In America, that power and inertia is embodied in the cruel and cartoonish character of West Virginia Sen. Joe Manchin, who, paradoxically, may have more control over the trajectory of the climate crisis than any other person on the planet right now. Kidus Girma, a 26-year-old Sunrise Movement activist who helped organize protests against Manchin this past fall, calls him “the final villain.”

Manchin’s influence comes from the fact that in an evenly divided Senate, he is the swing vote that can make or break legislation. He presents himself as a pragmatic man from a hardscrabble state who is always trying to do the right thing. He values good manners and civility, and sometimes seems to be channeling the folksy charm of another famous West Virginian, test pilot Chuck Yeager, who was immortalized in The Right Stuff.

The truth is, Manchin is best understood as a grifter from the ancestral home of King Coal. He is a man with coal dust in his veins who has used his political skills to enrich himself, not the people of his state. He drives an Italian-made Maserati, lives on a houseboat on the Potomac River when he is in D.C., pals around with corporate CEOs, and has a net worth of as much as $12 million. More to the point, his wealth has been accumulated through controversial coal-related businesses in his home state, including using his political muscle to keep open the dirtiest coal plant in West Virginia, which paid him nearly $5 million over the past decade in fees for coal handling, as well as costing West Virginia electricity consumers tens of millions of dollars in higher electricity rates (more about the details of this in a moment). Virginia Canter, who was ethics counsel to Presidents Obama and Clinton, unabashedly calls Manchin’s business operations “a grift.” To Canter, Manchin’s corruption is even more offensive than Donald Trump’s. “With Trump, the corruption was discretionary — you could choose to pay thousands of dollars to host an event at Mar-a-Lago or not,” Canter tells me. In contrast, Manchin is effectively taking money right out of the pockets of West Virginians when they pay their electric bills. They have no say in it. “It’s one of the most egregious conflicts of interest I’ve ever seen.”

Manchin’s grift is emblematic of generations of political leadership in West Virginia. I’m always struck by the difference between coal country and the rest of the state. Unmined places like New River Gorge (now a national park) hint at the spectacular beauty of West Virginia before the coal barons arrived; up in Morgantown, you see a thriving city that is not entirely built with money from mining and burning black rocks. But much of the state is a landscape of corporate exploitation, a place that has been pillaged by outsiders who have sucked out its gas and mined its coal and built mansions in Newport, Rhode Island, and the Hamptons, but left little behind beyond black lung and broken labor unions. The people I have met in coal country in my many visits over the years are tougher than the blade of a bulldozer, smart, self-reliant, deeply connected to the natural world. But the poverty and quiet distress is heartbreaking. If fossil fuels brought prosperity to a place, West Virginians would be dancing on gold-paved streets. Instead, West Virginia is the second-poorest state by median income, and near the bottom of virtually every social indicator of well-being, from obesity to opioid addiction to education. The few well-paying coal jobs that are left are disappearing fast. In 1950, there were 120,000 coal workers in the state; today there are only around 13,000 workers, less than two percent of the state’s workforce.

Despite the relentless hardship, Manchin figured out a way to do pretty well for himself. “Joe Manchin will absolutely throw humanity under the coal train without blinking an eye,” says Maria Gunnoe, director of the Mother Jones Community Foundation and a longtime West Virginia activist. “My friends and I have a joke about his kind: They’d mine their momma’s grave for a buck.”

So it was no surprise to Gunnoe that during an appearance on Fox News a week before Christmas, Manchin knifed President Biden’s first-term agenda by announcing that he could not support the $1.8 trillion Build Back Better Act: “I have tried everything I know to do” to support this, he told Fox host Bret Baier. Never mind that the bill includes billions of dollars in programs that would help West Virginians struggling with poverty and hardship, or that without the tax breaks and other clean-energy measures in the bill, Biden’s goal of cutting U.S. greenhouse-gas emissions in half from 2005 levels would be all but impossible to achieve. And without U.S. leadership on climate, the chances that the nations of the world will reduce emissions fast enough to hold warming at 1.5 C, which is the threshold for dangerous climate change, is virtually zero. “If Build Back Better goes down,” says John Podesta, a Democratic powerbroker and former special adviser to President Obama who has been deeply involved in international climate negotiations, “then we are completely fucked.”

All this could change overnight. “I think that the climate thing is one that we probably can come to agreement much easier than anything else,” Manchin said a few weeks after his appearance on Fox. Perhaps Manchin’s takedown of BBB was a negotiating ploy, and deals will be cut and a pared-down version of the bill will be passed. Or perhaps, as a recent report in The Washington Post suggested, he’s decided to walk away from negotiations with the White House. However it plays out, the idea that the fate of the Earth’s climate has wound up in the hands of a Maserati-driving senator from coal country is a plot twist that belongs in a Hollywood disaster movie, not here in the real world where millions of people suffer as a consequence.

“Humanity should have phased out coal yesterday,” climate scientist Peter Kalmus tells me. “Burning fossil fuels is what’s driving the crazy heat waves, flooding, and ecosystem deaths we’re now experiencing, and which are rapidly intensifying. And coal is the worst of the worst in terms of carbon-emissions intensity.”

But coal was not phased out yesterday. Globally, 40 percent of electricity comes from burning coal, creating 30 percent of global carbon emissions. The biggest coal burner is China, which consumes more coal than the rest of the world combined. Here in the U.S., coal is gradually being displaced by cheap natural gas, wind, and solar. But there are still 179 active coal plants in the U.S., generating 20 percent of U.S. electricity. Virtually the entire states of West Virginia and Wyoming are powered by coal.

In the long run, coal is roadkill to technological progress. The problem is that it isn’t dying fast enough. “No scenario for stabilizing warming below truly dangerous levels allows for substantial additional extraction and burning of coal,” says Penn State climate scientist Michael Mann, author of The New Climate War. “Even the conservative International Energy Agency has said that there can be no new fossil-fuel infrastructure (especially coal) if we are to keep warming under 1.5 C/3 F, a level beyond which we commit to some of the worst impacts of climate change.”

There are lots of reasons why coal has proved to be so hard to get rid of. Part of it has to do with the sheer scale of coal-industry infrastructure — the mines, the railroads, the power plants. Part of it has to do with the cultural bias that real men burn rocks for power. Part of it has to do with dark money and political influence. And part of it has to do with us, the energy consumers who don’t know where our power comes from and don’t really care.

But now the endgame of coal has begun in earnest. You could feel that at the COP26 climate summit in Glasgow last fall. “Sometimes, the coal industry isn’t just the elephant in the room,” commented Wolfgang Blau, co-founder of the Oxford Climate Journalism Network, “but the actual room itself.” Overnight, 23 countries made commitments for the first time to phase out coal power. In addition, 25 countries and public-finance institutions pledged to end overseas public funding for fossil fuels by the end of 2022, and major international banks said they would stop financing new coal power by the end of 2021. Still, the agreement nearly fell apart in a last-minute dispute when a pledge to “phase out” coal was diluted to “phase down.” More than 40 countries signed the pledge, but the U.S., perhaps fearful of offending Manchin, was not one of them.

Even with the endgame underway, the power of coal is reasserting itself in the U.S. Something like a fossil-fuel confederacy is taking shape, devoted to maintaining our addiction to fossil fuels. Politicians in West Virginia and Texas and Wyoming are aligning with lobbying groups like the Koch-backed American Legislative Exchange Council (ALEC) to keep coal alive, no matter the cost to their economy, their constituents, or the climate. Just as red-state politicians are trying to rig democracy by commandeering local election boards and oversight committees, coal boosters are taking over public-service committees that regulate utilities to help slow transition to clean energy. Republican state legislatures are cutting taxes on fossil-fuel extraction, stoking false fears about blackouts, and pushing studies that exaggerate the positive economic impact of fossil fuels. As climate journalist Brian Kahn tweeted, “Republican state legislatures are trying to create a world where it’s illegal to do anything but say nice things about fossil fuels and give the industry all your money.” In West Virginia, Attorney General Patrick Morrisey is leading a fight to the Supreme Court to undercut the EPA’s authority to regulate carbon emissions. ALEC is pushing treasurers and state financiers in 15 states to fight back against “woke capitalism” — banks and financial institutions that focus on clean energy and refuse to do business with fossil-fuel companies.

There is no future for coal in America. It is a new Lost Cause. But that won’t stop Manchin and the fossil-fuel confederacy from spreading the big lie that life as we know it today depends on burning black rocks for power.

Manchin grew up in Farmington, West Virginia, a small town about two and a half hours northeast of Charleston, West Virginia. Manchin’s grandfather first worked in the mines, eventually owning a grocery store. His father expanded the business to a furniture store. The family was always deeply entwined in West Virginia politics: His father and his grandfather both served as Farmington’s mayor. His uncle was a member of the West Virginia House of Delegates, serving stints as West Virginia’s secretary of state and state treasurer in the years between. Like his uncle, Manchin worked his way up through state politics. In 2005, he was elected to a five-year term as governor, then won a special election for U.S. Senate in 2010, and was reelected in 2012 and 2018. Today, he effectively lords over the West Virginia Democratic Party like a mob boss, demanding fealty. “He controls everything,” says Paula Jean Swearengin, a coal-country activist and daughter of a coal miner who ran against Manchin in the 2018 West Virginia Democratic primary.

How much of West Virginia’s troubles is Manchin responsible for? “West Virginia has always been a classic natural-resources-dependent economy,” says John Kilwein, chair of the political-science department at West Virginia University. “When coal was down, we were down. When coal was up, we were up. It was boom, bust, boom, bust. I don’t know that you can lay that on Manchin’s doorstep.” But what you can lay on Manchin’s doorstep, Kilwein says, is the failure to plan for a post-coal economy. Tragically, despair and addiction have often filled the gap: Over the past decade or so, West Virginia became the capital of the opioid crisis. To cite just one example: Between 2006 and 2014, 81 million opioid pills were shipped to pharmacies in one small West Virginia city. Between April 2020 and April 2021, overdose deaths in the U.S. topped 100,000 for the first time, with some of the largest increases in West Virginia, where more than 1,600 people died. “Joe Manchin is deeply responsible for this,” says Swearengin. She points to Manchin’s ties with the pharmaceutical industry, including the fact that Mylan Inc. — which manufactured opiates, as well as other drugs — where Manchin’s daughter was CEO from 2012 to 2020, was one of the largest campaign contributors to Manchin, donating around $211,000 through PACs and employees since 2009. “Joe Manchin doesn’t need to be in Congress,” Swearengin says. “He needs to be in jail.”

Manchin’s personal wealth is directly linked to a small coal-fired power plant about 10 miles outside Farmington, in a place called Grant Town. The Grant Town Power Plant, which went online in 1993, sits in a holler littered with rusty double-wides and muddy ATVs. The plant itself doesn’t look like much more than a flimsy steel warehouse with a smokestack. As far as power plants go, it’s an old clunker in a world of Teslas. It generates 80 megawatts of electricity, about enough to power 40,000 homes. It’s operated by a privately held company called American Bituminous Power Partners (AmBit), which sells the electricity under contract to Mon Power, a West Virginia utility that’s a subsidiary of Ohio-based FirstEnergy, one of the largest electric companies in the United States.

Perversely, the Grant Town plant is a byproduct of clean-energy legislation. The Public Utilities Regulatory Policy Act (PURPA), passed in 1978 in response to the energy crisis of 1973, was meant to break the monopoly of utilities over electric-power generation and encourage independent power producers to build smaller, more innovative power plants fueled by hydroelectric power, solar, and natural gas. In 1992, PURPA was reformed to include waste coal — basically piles of dirt and coal waste excavated from nearby mines — as an “alternative” fuel. The Grant Town plant, which burns waste coal, or “gob” as it’s called, took advantage of that rule change. Although burning gob can help clean up abandoned mine sites, it also transfers pollutants from the land into the air, which is why, on a pollutants-per-kilowatt-hours basis, Grant Town is the dirtiest coal plant in West Virginia.

Manchin doesn’t own the power plant or the gob. Instead, his firm, Enersystems, simply brokers the transaction between the owners of the gob (usually abandoned mine sites) and AmBit.

Enersystems is a mysterious company. Manchin co-founded it in 1988, then put it into a so-called blind trust when he was elected governor. It is now operated by his son, Joe Manchin IV, and has virtually no online presence and is largely unknown outside a small circle of people in West Virginia. Its registered address is in the Manchin Professional Building plaza in Fairmont, where it is located two suites down from the Manchin Law Group, a firm founded by Joe’s cousin Timothy Manchin. (Enersystems didn’t respond to multiple requests for comment.)

Manchin has a long history of using his political muscle to boost the company, and the coal industry in general. In 1994, he was state chair of ALEC and a national director of the Koch-backed pro-fossil-fuel group that has been one of the central forces spreading climate disinformation. As governor, Manchin recast the state’s Department of Environmental Protection from enforcement toward what he called “compliance assistance,” which accelerated the growth of mountaintop-removal mining and loosened safety regulations in underground mines. Just in case Manchin’s pro-coal views weren’t clear enough, during a 2010 Senate campaign ad, he literally aimed a rifle at President Obama’s cap-and-trade legislation and shot a bullet through it.

As governor, Manchin had control over appointments to the all-powerful West Virginia Public Service Commission (PSC), which in turn gave him influence over the committee’s decisions to set utility rates and approve contracts. According to reporting first published by The Intercept, in 2006, Manchin, according to an unnamed source, instructed his then-chief of staff, Larry Puccio, to meet with Mon Power lobbyists so that they would petition the PSC to increase the Grant Town plant’s rate from $27.25 to $34.25 per megawatt hour, pocketing an additional $4.5 million per year from customers. Not surprisingly, the PSC agreed. It even agreed to extend the contract from 2028 until 2036. According to one study by a consumer-rights group, Mon Power customers have seen their rates increase by 30 percent since 2008.

That deal is still in effect today. Nevertheless, even after the rate hikes, PSC records show that the Grant Town plant has lost $117 million over the past five years. But somehow, Enersystems has figured out a way to suck cash out of the money loser. Since 2010, the fees from transactions on this one coal plant have earned Manchin $5 million, including nearly $500,000 in 2020 alone.

It’s difficult to overstate how fucked up this is. If the PSC were working in the best interests of West Virginians, it would have demanded that the money-losing Grant Town plant be shut down years ago. Instead, West Virginians have been paying millions of dollars each year in higher electricity costs in order to keep running a dirty, inefficient power plant that is sickening and killing people with dirty air, but paying the Manchin family handsomely.

And who knows how deep this cesspool of corruption really goes. Exhibit A: FirstEnergy, the parent company of Mon Power, was recently enmeshed in an epic scandal in which it paid $60 million in bribes in a complex scheme to pass a state bailout of nuclear plants in Ohio. The criminal enterprise was led by then-Ohio House Speaker Larry Householder, who was removed from office last year and now faces federal racketeering charges. FirstEnergy agreed to pay $230 million to resolve charges against the company. U.S. Attorney David M. DeVillers described the operation as “likely the largest bribery, money-laundering scheme ever perpetrated against the people of the state of Ohio.”

When Manchin is pressed about the fact that he makes a half-million dollars a year from a company that brokers waste coal, he lashes out. “I have been in a blind trust for 20 years. I have no idea what they’re doing,” he snapped at a reporter who grilled him about it last September. “You got a problem?” (Despite numerous emails and phone calls, Manchin’s office refused to make the senator available and declined to comment for this story.)

In fact, Manchin’s blind trust covers only a fraction of his earnings from Enersystems. “He must take us for idiots,” says Canter. According to Canter, Manchin’s business dealing may not break the letter of the law, but it is still highly unethical. The fact that most of his profits from Enersystems is reportable income, disclosed on his financial statement, means “there is nothing blind about this,” Canter says. Manchin has even signed a sworn statement saying he is aware of his Enersystems earnings, which is pretty strong evidence that he is not blind to them. Canter calls Manchin’s whole scheme “the definition of a conflict of interest.”

Once you understand how the Manchin family business works, you understand why the senator drives a Maserati (“Hollywood could not cast a better vehicle for this guy to be driving,” says Kidus Girma). And you can also understand why he knifed the Build Back Better bill, which has a variety of provisions that would accelerate the demise of coal. Central among them was the Clean Electricity Performance Program, which was basically the most important piece of climate legislation to come before Congress in more than a decade. The provision offered a carrot-and-stick approach to cutting carbon pollution, providing federal payments to utilities that increase their share of clean energy by four percent each year, while imposing federal fees on those that do not.

For Manchin, the entire Build Back Better debate has been a moment of extraordinary political leverage. “Manchin could say, ‘Give me roads, bridges, broadband, and I will give you my vote.’ And Biden would do it,” Faiz Shakir, a political adviser to Sen. Bernie Sanders, told me. “Manchin could lower prescription-drug costs for West Virginians. He could expand health and dental insurance.” Kilwein contrasts Manchin with legendary West Virginia senator Robert Byrd, who was famous for bringing home the pork. “If Byrd were in this catbird seat,” says Kilwein, “he’d be bringing a lot back to the state, a lot more than Manchin’s going to bring. West Virginia would be paved in gold to get Build Back Better through.”

With the clean-electricity standard, Manchin kept everyone on edge until a few weeks before the Glasgow climate summit, in which Biden and his team hoped to prove to the world that the U.S. was serious about climate action. If Manchin had signaled support for the clean-electricity standard, it would have given the U.S. tremendous momentum. Instead, Manchin announced in a closed-door meeting with Energy Secretary Jennifer Granholm and White House aides just two weeks before the conference began that he couldn’t support the clean-electricity standard. His explanation: Why should the government pay utilities to do what they are doing anyway?

And with that, any meaningful chance for the U.S. to assert itself in climate negotiations in Glasgow died. Many staffers and climate hawks who had been working on the bill felt betrayed by Manchin’s negotiating tactics. “It was a sad moment,” says Leah Stokes, an expert on energy policy who advised Senate Democrats. “We had all worked extremely hard on this. It would not have gone as far as it had with the White House and the Senate leadership if Manchin had not indicated he was open to it. It was not just a bunch of hippies out on a ledge smoking too much. A lot of the utilities were behind the bill, and Manchin had been engaged in good-faith negotiations with us for months. Or at least we thought they were good-faith negotiations. But in the end, he was not as interested in listening to the utilities as he was in listening to the fossil-fuel industry.”

Manchin’s public rationale that power companies are already transitioning away from fossil fuels as rapidly as possible is blatantly false: Ninety percent of the electricity generated in West Virginia still comes from coal. Perhaps his decision was shaped by the good ol’ boys he hangs out with. He’s had a long romance with climate-denying coal barons and the CEOs of companies like American Electric Power and ExxonMobil (in a much-publicized Zoom meeting secretly recorded by climate activists posing as recruiters looking to hire lobbyists, a senior Exxon-Mobil lobbyist claimed that he talked to Manchin’s office every week, calling the senator “a kingmaker”), all of whom have billions of dollars invested in fossil-fuel infrastructure that is rapidly losing value. Manchin is currently by far the biggest recipient in Congress of cash from the oil-and-gas industry, pulling in more than $570,000 this year, nearly four times as much as the next highest senator. Manchin, who is up for reelection in 2024, also profited from right-wing donors who appreciated him mucking up Biden’s agenda. During the first nine months of 2021, he raked in $3.3 million in campaign donations — 14 times more than his haul through the same period the previous year. Not surprisingly, being the roadblock to climate action is a lucrative position.

Forget clean-energy jobs, or the devastation West Virginians will suffer from floods due to increasingly intense storms. One recent study found that more than half the state’s critical infrastructure — including fire, police, and power stations — is at risk. In McDowell County, in the heart of West Virginia’s southern coal fields, 60 percent of homes are vulnerable to structural damage from flooding. Who cares? For Manchin, the decision to oppose the clean-electricity standard probably wasn’t a tough decision at all. After all, coal made Joe Manchin. Why would he want to kill it?

Big coal plants like John Amos in West Virginia are dinosaurs from another age. The good news is, there will never be another conventional coal plant like it built in America again. Forget the climate: In sheer economic terms, the price of renewables is far cheaper than coal, even in places like West Virginia. The bad news: Big old coal plants are surrounded by a phalanx of politicians, regulators, and engineers who believe civilized life depends on keeping these old coal burners running.

Now, due to ever-escalating maintenance and capital costs, they are bankrupting West Virginians. One fall day last year, I talked with Sandra Blankenship, a former critical-care nurse who runs a bed-and-breakfast in McDowell County, the county with the highest poverty of West Virginia. “My electric bill from AEP is $1,000 this month,” she told me. “It’s going to put me out of business.” Her 26-year-old daughter Kierstein Lester and her husband live a few miles away in a 1920s home with four young kids. They both work part time at an ATV shop, making $10 an hour. Their electric bill runs $500 a month. “Sometimes we pay more for electricity than food,” Lester says. “Everybody does,” adds Blankenship. The mother and daughter both supported Trump in 2016 and 2020. But now, due to skyrocketing electric bills, Blankenship says, “I’m gonna campaign as hard as I can to make sure Joe Manchin is not reelected.”

Plants like John Amos are also ground zero for the climate crisis. In a world that took climate action seriously, they would be shut down tomorrow. If the U.S. has any hope of meeting Biden’s goal of a zero-carbon grid by 2035, there are two basic options for how to deal with a big old coal burner like John Amos.

The first is to keep the plant running by adding on an expensive new device that captures the CO2 from the exhaust stack, compresses it, and buries it underground. Carbon capture and storage (CCS) is technically doable and is already used at about 20 different industrial facilities around the world, from steel making to natural-gas processing. Coal-country politicians love to tout the promise of CCS as a magical technology to keep coal alive. “Innovation, not elimination,” Manchin often says.

But that’s just a cute slogan. CCS for coal plants is wildly expensive — the technology to capture and bury the CO2 can cost almost as much as the plant itself. Despite the fact that the power industry has been touting CCS for more than 20 years, there is precisely one coal-fired power plant in the world right now that actually captures and buries CO2. And it injects the compressed CO2 into old oil fields to push more oil out of the ground, making any climate benefit dubious. As Saul Griffith, an Australian American inventor and engineer, and MacArthur “genius” grant winner, recently put it: “Carbon capture and storage is a fraught fantasy of the fossil-fuel industry trying to extend the period of its relevance. We should be enormously skeptical, and as a populace demand far more transparency around any government plans to engage in such boondoggles.”

In many ways, CCS is just another grift, a way for power companies to harvest billions of dollars in federal funding and perpetuate the big lie that coal has a future in a world that takes the climate crisis seriously. But indulging in this fantasy may be the cost of accelerating the transition to clean energy. In an effort to win Manchin’s support, the Build Back Better bill includes a provision that would give utilities billions in dollars in tax breaks for each ton of carbon that is captured and stored. And the billions may not be entirely wasted. John Thompson, a CCS expert at the environmental organization Clean Air Task Force, makes the case that just because CCS is expensive, it doesn’t mean it’s not worth investing in. For one thing, it could reduce carbon pollution from recently built coal plants that are unlikely to be retired any time soon. “What are you going to do with all those coal plants in China?” asks Thompson. “If we can pioneer the technology here, the Chinese are very good at commercializing it.”

The second option is to accelerate the retirement of big old coal plants like John Amos. “They are going to get shut down sooner or later,” says Justin Guay, director for global climate strategy at the Sunrise Project. “We just need to figure out a way to grease the skids to make it happen faster.” One recent study found that local wind and solar could replace 80 percent of the U.S. coal fleet, giving immediate savings to customers, as well as saving lives by cutting air pollution and saving the climate by dramatically reducing carbon pollution. In Guay’s view, what we need is essentially a cash-for-clunkers program, where financial deals are structured to pay coal-plant owners to take their plants offline ASAP.

“For five percent of what we paid for Covid, we could have bought out every coal plant in the world,” Guay argues. “Money is not the issue.”

But coal plants do not just generate power. They also generate jobs and community purpose and identity. And that can’t be replaced with a simple cash buyout, Guay says. “What would a just transition look like for West Virginia? How do you replace the good pay and union jobs that will be lost as we shut down the coal industry?” Guay argues that for all the talk about the Green New Deal, there has been no real thinking about how to actually manage the transition away from coal. Build Back Better targets $300 million to rebuild coal communities, but much more is needed.

“What’s necessary now to bring about change in places like West Virginia is that we have that frank conversation about the endgame on a national level,” says Guay. “We still have this abstract conversation about decarbonization and emissions, and it’s explicitly, purposefully devoid of words like coal or oil or gas, because our national leaders want markets to do the dirty work, and they really don’t want to get their hands dirty with some of the legacy politics in places like West Virginia. We need to start by saying that these coal plants have to come offline now. And once you start doing that, you can start talking about the hard stuff.”

The other big hurdle to shutting down coal plants is the explicitly fossil-fuel-friendly character of regulators. In West Virginia, they don’t even try to hide the pro-fossil-fuel bias: One of the three members of the Public Service Commission is Bill Raney, the former head of the West Virginia Coal Association, and well-known as one of the most powerful pro-coal lobbyists in the U.S. “The job of the PSC is to make sure that customers are getting the lowest power rates they can from electric-power utilities,” says James Van Nostrand, director of the Center for Energy and Sustainable Development at the West Virginia University College of Law. “But in West Virginia, the PSC basically sees it as their job to protect the coal industry at any cost.”

One you-gotta-be-fucking-kidding-me example: In 2021, as the result of expert testimony from the Sierra Club, the West Virginia PSC considered whether the three big West Virginia coal plants, including John Amos, should be shut down as planned in 2028 or keep them running until 2040. The Sierra Club basically argued that it was long since time to shut down the plants — they are expensive, inefficient, and highly polluting. It was because of West Virginia’s dependence on outdated coal plants that power prices in West Virginia had risen five times faster than the national average over the past decade, according to Van Nostrand. The Sierra Club cited economic models that projected that keeping the plants running could cost West Virginia rate payers as much as $1.8 billion in additional costs.

So what did the PSC do? They not only greenlighted $400 million in investments to keep the old coal plants running until 2040, but, according to Van Nostrand, they also basically directed the utility to spend whatever it takes to keep them running, even if clean energy is cheaper. “I’ve worked on utility regulation for over 40 years,” says Van Nostrand. “West Virginia is the worst. They don’t care about rate payers. They only care about keeping coal alive.”

Few people understand the high cost of coal better than Keena Mullins. She is a 36-year-old solar entrepreneur with four kids, who works in an unadorned office about a few miles from the John Amos plant. She grew up in Dickenson County, Virginia, on the Kentucky state line. Her great-grandfather was killed in a coal-mining accident. Her grandfather, also a miner, died of black lung disease. Her father, who worked in coal mines when he was young, later became hooked on opiates, and was murdered during a dispute over a handful of Percocets when Mullins was just 24 years old. As a teen, she rode dirt bikes and ATVs in old strip mines. Coal was everywhere around her — and it still is. She breathes the pollution from the John Amos plant every time she steps outside her office.

For Mullins, growing up in coal country just made her tougher, smarter, and more determined to fight for a better life. After high school, she won a scholarship to Berea College in Kentucky. She was interested in biology and, specifically, in climate science. But she dropped out of Berea in her senior year after her brother was hospitalized while intervening in a domestic-violence incident. Mullins ended up back in Virginia, pregnant with her first child, and working as a waitress at Applebee’s. Sometime circa 2015, she heard a report on NPR about the beginning of the solar industry in Appalachia. It seemed obvious to her that coal was going to die and solar was the future. She moved to West Virginia and worked for Solar Holler, a pioneering solar company, where she learned the basics of the business. In 2019, she co-founded her own solar company, Revolt Energy, betting her career that after decades of dominance by King Coal, the energy transition in West Virginia had begun. In 2020, Revolt, which focuses on residential, industrial, and commercial-scale solar, did $1.3 million worth of work. Mullins thought she had caught the wave.

But thanks largely to Manchin and his decision to gut the Build Back Better Act, she is now worried she will have to lay off employees. “I’m not even sure the company will survive,” Mullins tells me, sitting in her spare office, with a few pictures of her kids.

Part of the trouble for solar in rough and mountainous West Virginia is the lack of flat land. But a larger part of the trouble is that the coal industry runs the state, and the fundamental belief of everyone in the coal business, according to Van Nostrand, “is that the power business in West Virginia is a zero-sum game. If you build renewable power, it takes away from coal. If you pass energy-efficiency rules, it takes away from coal. So we don’t have any renewable power, and we don’t have any energy-efficiency rules.” West Virginia has the dubious distinction of being one of the first states to pass a renewable-energy standard — and then roll it back a few years later.

On the day we spoke, Mullins had just come back from a meeting in Kentucky to pitch Revolt Energy to a solar developer backed by global investors who is exploring investments in West Virginia. Mullins explains that she is worried that clean-energy development, when it inevitably comes to West Virginia, will be driven by outsiders rather than homegrown companies. Instead of training workers in West Virginia, these big solar developers often bring in contractors from out of state (or, sometimes, out of the country) to build their projects. “We’ve been working for so long to change the way Appalachia gets its power and to build solar for us, by us, right here in our communities,” Mullins tells me. “And it’s really disappointing to know that out-of-state interests and global developers will be able to come in and be able to generate maximum economic gain from solar developments. We’ve been through the rise and decline of coal, the rise and decline of gas. Now we’re going to get screwed again, on solar.”

To Mullins, this is one of the invisible legacies of King Coal: It built a patriarchal economy and political culture, where rich outsiders come to Appalachia, extract what they want, suck out all the profits, and leave the people of West Virginia with nothing. It has created a culture of dependency and resentment, one that is exactly the opposite of the culture of entrepreneurship that drives Silicon Valley and other centers of 21st-century innovation. Since 2016, West Virginia has attracted less venture capital than any other state. And it’s a big reason why West Virginia has about as many people as Philadelphia, but only 25 percent of the GDP of Philadelphia.

“Joe Manchin is always talking about jobs, jobs, jobs,” Mullins says. “I’ve invited him here to see what we are doing many times. But he won’t come. Why is that? He’s always hanging out with CEOs, but has no time for people like me.”

Beckley, a small city in the heart of West Virginia’s southern coal fields, is an old company town, where for decades men (and they were almost all men) worked to haul hundreds of millions of tons of coal out of the ground. The coal miners helped build America, but it was brutal work — if a coal-gas explosion didn’t kill them, black lung would. The work put dinner on the table and pride in their hearts, but not much else. In Beckley today, there is a lot of chamber-of-commerce hype about the promise of tourism — the toll booths on Interstate 64 leading into the city are plastered with images of men fly-fishing in pristine mountain creeks — but the hard truth is people are leaving West Virginia faster than any other state in the nation. For many West Virginians, the state’s like a drunk relative they just can’t handle being around anymore.

But hope emerges in unexpected places. At the Dish diner, five miles down the road in Daniels, I had lunch with Joe Bevil, who manages land for the Beaver Coal Co. He’s in charge of a huge tract, some 50,000 acres in West Virginia. I had called Bevil because I read in the local paper that Beaver Coal had just leased land to a solar company, and I wondered if this was the beginning of a change.

Bevil is a rough-hewn guy who worked most of his life as a mining engineer for West Virginia coal companies. Now, as general manager for Beaver Coal, he has one simple job: maximizing income from all of the property the company owns. “We have a mixture of timber, gas, and coal development, real estate, and soon, we hope, solar,” Bevil explains. The company recently agreed to lease 225 acres to a solar developer.

Right now, the company’s income from solar doesn’t compare with the income from coal. Most of the coal that is mined on the company’s land is metallurgical coal, used to make steel, which was selling for $200 a ton in recent years, a very good price that Bevil was clearly happy about. The mines on Beaver Coal’s land produce about 1 million tons a year, and they get a six percent cut. That means some $10 million a year in revenue from coal.

In contrast, the lease for the 225-acre solar plant will comprise only about two percent of Beaver Coal’s annual revenue. “It’s no comparison,” Bevil says.

But then he says something else: “The coal is going to be gone some day,” he tells me. “We know that. And we have to start planning for that.”

Bevil is no tree-hugger. He grew up in a hardcore Democratic family outside Pittsburgh, but then drifted to the right in recent years. He voted for Trump twice. He’s not convinced the climate crisis is real (at one point, he suggests to me that microwaves from cellphones might be heating up the planet). But he says that if the climate crisis is real, he thinks it’s China’s job to solve it, since they are the biggest polluters on the planet.

Bevil looks around him and he knows what is happening. He knows that coal will soon be a fuel of the past, and that West Virginia politicians have misled the people of the state for years about this. Bevil knows that despite blips in the market, coal is never coming back to its former glory, and he knows that dependency on coal is hurting the state. He tells me about a Fortune 500 company that had considered locating in Beckley, then pulled out because West Virginia’s coal-fired power didn’t fit with their corporate sustainability goals. “If building a solar farm on our land helps accelerate the transition, that is a good thing, as far as I am concerned,” he tells me.

What made me feel hopeful talking to Bevil is his pragmatism. He has spent a lifetime in the mines, doing a job that helped keep America’s lights on, but he has no sentimental attachment to it. He’d be happy to cover all 50,000 acres of Beaver Coal’s land with solar if the economics were right. And in Bevil, you can see how a rural coalition that could reinvent the West Virginia economy might emerge — if only there were some enlightened political leadership.

“The tragedy of West Virginia is that no politician has stepped up and said, ‘Listen, this is the future,’ ” says political adviser Shakir. “ ‘You guys are proud, hardworking people, but this isn’t going to last forever. And I’ve got to find something that’s going to give you that same mission and purpose that you long for.’ That’s what Joe Manchin should be doing, instead of talking about the virtues of coal.”

Both Goldman Sachs and the United Mine Workers of America — two voices from opposite ends of the economic universe — apparently agree. After Manchin told Fox he couldn’t vote for the Build Back Better bill, Goldman Sachs cut next year’s growth forecast; UMWA President Cecil Roberts put out a statement urging Manchin “to revisit his opposition to [Build Back Better].” Roberts specifically pointed to provisions in the bill that extend an expiring fee mandated of coal companies to compensate miners suffering from black lung disease, encourage businesses to build manufacturing facilities for miners who have lost their jobs, and penalize companies that deny workers the right to unionize.

But Manchin’s record is one that has always valued corporate profits over human lives. “If you think about what we’ve been through this year with fires, floods, droughts, hurricanes, and then take that to a global scale, and then accelerate that and increase the human pain that will be caused if we can’t get on track [with carbon-pollution reductions] — it’s just so enormous,” says John Podesta. “But Trump got 69 percent of the vote in West Virginia, right? So demolishing the politics for Democrats and killing [Build Back Better] legislation probably doesn’t hurt Manchin back home. In my interactions with him over the years, I would like to think that he’s somebody who does care about people, and that maybe that would overcome some of this resistance. Rather than being nostalgic for the past, he has a chance to provide a pathway for good jobs and a cleaner and better future. But there’s a lot of skepticism about whether he’ll ever see that.”

Whatever Manchin’s political future may be, one thing is for sure: For West Virginians, the pain is only going to get worse. As other states benefit from the jobs and economic progress that come from the inevitable transition to clean energy, West Virginia risks being left even further behind. “West Virginia politicians can only deny reality for so long,” says Rep. Sean Casten of Illinois, who helped manage the energy transition in coal-heavy regions of southern Illinois. “One way or another, the coal plants will shut down and the industry will shut down and the economy will be decimated. That is exactly the wrong way to solve this problem. The right way to deal with it is to have the courage to tell West Virginians what the future really looks like and begin to prepare for it. But that is not what any of them are doing.”

After talking with Bevil, I drove through the broken streets of Beckley, past the abandoned beauty shops with vines growing over them, past billboards for divorce lawyers and ammo shops, past the markers commemorating dead coal miners near the courthouse, and onto the interstate toward Charleston. On the way, I detoured on a back road to Danville, a small town in Boone County, to visit the skeleton of the Hobet 21 mine, where I had first witnessed the explosions and destruction of mountaintop-removal mining 20 years earlier. At the time, Hobet 21 was one of the largest mines in West Virginia, covering 12,000 acres. It was run by Arch Coal, one of the biggest mining companies in the U.S. Since then, Arch Coal has gone bankrupt, reemerging as Arch Resources and shedding workers and benefits along the way. The mine closed down in 2015, leaving behind a blown-up mountain, streams polluted with toxic heavy metals, and workers without any preparation for life beyond coal. It’s the story of West Virginia in a nutshell.

I found the road to the mine, but it was closed with a chain-link fence. I drove around to some back roads, and was able to bushwhack up onto a ridge and get a view of the pit. Rock and coal in the ancient mountains were exposed like layers in a wedding cake. Some scrubby locust trees grew in the “reclaimed” areas, where Arch’s mining engineers had piled up dirt to make it look vaguely like a hill. A small lake at the bottom of the pit glowed toxic blue. Twenty years ago, I had stood near this spot and listened to one of those engineers tell me that blowing up mountains was a good thing because it provided more flat land for commercial development. He suggested there would be a shopping mall up here one day, maybe a factory. Hundreds of people would be employed here, he told me. It was a lie then, and it is a lie now. There are 6 million acres of abandoned mine sites in the U.S. Solar panels have popped up on a few, and not far from where I stood, a 35-acre lavender farm employs a handful of former coal miners. Hopeful as those projects may be, they are just lipstick on the coal-country cadaver that Manchin pretends is still alive. Like the disemboweled mountain itself, Manchin is a scar from a time when blasting the Earth to mine coal to burn for energy that cooked the climate was a profitable thing to do. As I stood there on the ridgetop, it occurred to me that if future historians want to tell the story of how humans turned our home into a hell zone of fire, drought, and rising seas, this would be as good of a place as any to begin.


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Sunday, December 19, 2021

RSN: Bess Levin | Trump Goes Full Anti-Semite, Unloads on American Jews in Wildly Bigoted Rant

 


 

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Donald Trump. (photo: Andrew Harrer/Bloomberg/Getty Images)
Bess Levin | Trump Goes Full Anti-Semite, Unloads on American Jews in Wildly Bigoted Rant
Bess Levin, Vanity Fair
Levin writes: "The former president hit on nearly every anti-Jewish trope in the book, including the one about Jews supposedly controlling the media."

In February 2017, asked what the government planned to do about the uptick in threats to Jewish centers and the rise in anti-Semitism since his electionDonald Trump responded, “I am the least anti-Semitic person that you’ve ever seen in your entire life.” That claim, like the one he would make a few months later about being “the least racist person there is anywhere in the world,” obviously was and remains not true at all. How do we know? Let’s examine the evidence!

Prior to being elected, Trump suggested to a room full of Jewish people that they “control” politicians through money. He tweeted an image of Hillary Clinton’s face atop a pile of cash next to the Star of David and the phrase, “Most Corrupt Candidate Ever!” And he capped off his campaign by releasing an ad featuring the faces of powerful Jewish people with an ominous voiceover about them comprising a “global power structure” that has “robbed our working class” and “stripped our country of its wealth.”

Later, upon moving into the White House, and just six months after his claim of being the least anti-Semitic person in the universe, he refused to condemn a group whose ranks included neo-Nazis. In August 2019, in an attempt to win over (???) Jewish voters, he declared “they don’t even know what they’re doing or saying anymore.” Speaking at the Israeli American Council in Hollywood, Florida, that December, he “dipp[ed] into a deep well of anti-Semitic tropes,” suggesting, among other things, that Jews only care about money.

And if you thought leaving the White House or, say, this season of cheer, would have dampened his enthusiasm for anti-Semitic remarks, do we have a fun surprise for you!

In clips aired on the Unholy podcast, the former president—who may or may not make another run for office in 2024—went on a lengthy rant about how American Jews supposedly aren’t loyal enough to Israel, invoking a longtime anti-Semitic trope about Jewish people and allegiances to another countries. Speaking to journalist Barak Ravid, who appeared on the podcast, Trump said: “There’s people in this country that are Jewish that no longer love Israel. I’ll tell you the Evangelical Christians love Israel more than the Jews in this country. It used to be that Israel had absolute power over Congress and today I think it’s the exact opposite, and I think [Barack] Obama and [Joe] Biden did that. And yet in the election, they still get a lot of votes from Jewish people…which tells you that the Jewish people, and I’ve said this for a long time. The Jewish people in the United States either don’t like Israel or don’t care about Israel. I mean, you look at The New York TimesThe New York Times hates Israel, hates them, and they’re Jewish people that run The New York Times, I mean the Sulzberger family.”

Yes, it’s a real Mad Libs of anti-Jewish commentary from a guy whose allies like to remind people he has Jewish grandchildren, which, in fact, doesn’t mean one can’t be anti-Semitic. There’s the overarching charge that American Jews vote against their own interests when they vote for politicians who supposedly don’t support Israel, the subtext being that American Jews should care more about what happens in Israel than in the U.S. There’s the line about Evangelical Christians loving Israel “more than the Jews” in this country, which fails to include the uncomfortable fact that some Evangelical Christians “love” Israel because they believe it will be the site of the Rapture, wherein Jews who have not converted to Christianity will go to hell. And then, of course, there’s the classic anti-Semitic trope about Jews controlling the media, in this case, The New York Times. (Naturally, Trump does not mention that fact that the patriarch of the Sulzberger family and former Times company chairman, Arthur Ochs Sulzberger Jr., was “raised in his mother’s Episcopalian faith and later stopped practicing religion. He and his [then] wife, Gail Gregg, were married by a Presbyterian minister.” But perhaps he’s just going by Nuremberg laws.)

Anyway, happy belated Hanukkah to you!


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COVID Is Canceling Christmas - AgainA child waiting to sit on Santa's lap. (photo: Mark Makela/Reuters)

COVID Is Canceling Christmas - Again
Barbie Latza Nadeau, The Daily Beast
Nadeau writes: "For the second straight year, Christmas is looking like a horrible holiday season with lockdowns, cancellations and packed emergency rooms again spreading over Europe and foreshadowing what is heading to the United States."

There will be no New Year’s Ever fireworks in Paris, no Sinterklaas in the Netherlands and no travel from the U.K. How COVID has once again fucked up Christmas.


For the second straight year, Christmas is looking like a horrible holiday season with lockdowns, cancellations and packed emergency rooms again spreading over Europe and foreshadowing what is heading to the United States.

The Netherlands will be locked down until at least the first week of January after a surge in Omicron cases that started with doomed flights from southern Africa less than a month ago has now overwhelmed the health care system. “I stand here tonight in a somber mood. And a lot of people watching will feel that way too,” Prime Minister Mark Rutte said Saturday evening announcing the cancellation of Christmas fun. “To sum it up in one sentence, the Netherlands will go back into lockdown from tomorrow.”

In Italy, which kicked off the pandemic outside China in early 2020, cases are doubling every three or four days. Delta is still the dominant variant, meaning hospitalizations and deaths are almost certain. New Year’s Eve concerts have been cancelled, travel has been discouraged and soon even the vaccinated will have to provide a negative COVID test to see a movie or attend a sporting event.

The U.K. has been struggling to keep up with cases, which are nearing 95,000 a day, with many saying almost everyone in London will have COVID before winter is over. There hospitalizations have started to worry health care providers, yet the government promises they won’t lock down before Christmas. London mayor Sadiq Khan declared the latest wave a “major incident” which is a label often reserved for terror attacks and other lethal threats to the city.

France has seen cases surge, prompting the government to cancel the famous fireworks over the Eiffel Tower in Paris to kick off the new year. They have also banned any but essential travel from the U.K., stranding thousands of people hoping to join family on continental Europe. France will soon convert its health pass to a vaccine pass, meaning a COVID test alone won’t open any doors.

Germany, which was the epicenter of the Delta variant outbreak all fall, is starting to see more Omicron cases. They, too have shut out the Brits, complicating the holidays for an untold number.

Denmark is closing theaters, cinemas, stadiums, amusement parks and museums and bringing back a curfew and limitations to the number of people who can sit together in restaurants. Ireland is closing pubs at 8 pm and limiting capacity to all public events.

The list goes on. Last year was a holiday season like no other with the world grinding to a halt to stop the spread of what was then the second wave of the pandemic. The promise of vaccines gave 2021 hope, but the year is ending with another grim holiday season and a sense of dread about what 2022 will bring.

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Bipartisanship at Whose Expense? Sen. Raphael Warnock Calls to End Filibuster, Pass Voting Rights ActsSenator Raphael Warnock. (photo: Michael M. Santiago/Getty Images)

Bipartisanship at Whose Expense? Sen. Raphael Warnock Calls to End Filibuster, Pass Voting Rights Acts
Democracy Now!
Excerpt: "I said to my Democratic colleagues over the last several days, number one, unfortunately, the vast majority of our Republican friends have made it clear that they have no intention of trying to work with us to address voter suppression or to protect voting rights."

Democratic Senator Raphael Warnock of Georgia implored conservative members of his party to stop obstructing voting rights legislation in a powerful speech on the floor of the Senate Tuesday. While Warnock did not name Senators Joe Manchin and Kyrsten Sinema, the two have come out against doing away with the filibuster in order to allow Democrats to pass the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act. Warnock said there was no chance of Republicans joining the effort to safeguard democracy and that only a change to the filibuster could secure passage of the bills. “Who is being asked to foot the bill for this bipartisanship? And is liberty itself the cost?” Warnock said.

AMY GOODMAN: This is Democracy Now! I’m Amy Goodman, as we end today’s show with Democratic Senator Raphael Warnock’s powerful speech from the floor of the Senate Tuesday as he called on the conservative members of the Democratic Party to stop obstructing voting rights legislation. He didn’t name Senators Joe Manchin and Sinema, who have come out against doing away with the filibuster in order to allow Democrats to pass the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act.

SEN. RAPHAEL WARNOCK: “Conniving methods that were getting in the way of the free exercise of the constitutional right to vote,” his rallying cry that day, in 1957, was “Give us the ballot.” So, Madam President, in light of the conniving methods of voter suppression we have seen enacted into law since the January 6th attack on the Capitol, I come to the floor today to share with the people of Georgia and the American people the message that I shared with my colleagues over the weekend and earlier today during our caucus meeting.

I said to my Democratic colleagues over the last several days, number one, unfortunately, the vast majority of our Republican friends have made it clear that they have no intention of trying to work with us to address voter suppression or to protect voting rights. They have embodied by their actions the sentiments of conservative strategist Paul Weyrich, who dared say in 1981, quote, “I don’t want everybody to vote.” That’s what he said. “Elections are not won by a majority of people. They never have been from the beginning of our country, and they are not now. As a matter of fact,” he went on to say, “our leverage in the elections, quite candidly, goes up as the voting populace goes down.”

Second thing I said to my Democratic colleagues today is that while we cannot let our Republican friends off the hook for not being equitable governing partners, if we are serious about protecting the right to vote that’s under assault right now, here is the truth: It will fall to Democrats to do it. And if Democrats alone must raise the debt ceiling, then Democrats alone must raise and repair the ceiling of our democracy. How do we in good conscience justify doing one and not the other?

Some of my Democratic colleagues are saying, “Well, what about — what about bipartisanship? Isn’t that important?” I say, of course it is. But here’s the thing we must remember: Slavery was bipartisan. Jim Crow segregation was bipartisan. The refusal of women’s suffrage was bipartisan. The denial of the basic dignity of members of the LGBTQ community has long been bipartisan. The three-fifths compromise was the creation of a putative national unity at the expense of Black people’s basic humanity. So, when colleagues in this chamber talk to me about bipartisanship, which I believe in, I just have to ask: At whose expense? Who is being asked to foot the bill for this bipartisanship? And is liberty itself the cost? I submit that that’s a price too high and a bridge too far.

And so I struggled this weekend. I talked to folk I believe in. Among them, I spoke with Reverend Ambassador Andrew Young, who was with Dr. King until the very end, about this vote. I talked to Ambassador Young, and I asked him, “What do you think?” And he said, “I try not to worry, but I’m worried about our country.” And then this 89-year-old battle-worn soldier in the nonviolent army of the Lord drew silent on the phone. And then he said to me, “Tell your colleagues that among your constituents are people who literally laid their lives on the line for the basic right to vote. They lost friends. They lost so much.”

And so, this is a real moral quandary for me, and it makes it difficult for me to cast this vote today. But after many conversations, with colleagues, with Georgians, with experts who know the economy, with voting rights advocates and civil rights leaders, I will indeed vote today with anguish. I will vote to raise the debt ceiling. I’m voting yes because I’m thinking about the kids in the Kayton Homes housing projects where I grew up in Savannah, Georgia. I’m thinking about the hardworking families pushing to recover from the pressures of this pandemic, those who are on the margins and those who are least resilient, for whom a collapse of the economy would be catastrophic. And ironically, many of these are the same people who are also being targeted by the voter suppression efforts I mentioned earlier. I’m thinking of them and the people of Georgia as I cast my vote today to raise the debt ceiling.

But I’m also thinking about what we need to do to keep our democracy and our economy strong today and for the next generation. Once we handle the debt ceiling, the Senate needs to make voting rights the very next issue we take up. We must do voting rights, and we must deal with this issue now.

So let me be clear: I’m so proud of what we did with the bipartisan infrastructure bill and the major economic investments we’re putting finishing touches on that will close the Medicaid coverage gap and deliver historic relief to Georgia farmers and expand broadband access and so much more. But, Madam President —

AMY GOODMAN: That’s Democratic Georgia Senator Raphael Warnock’s excerpt of a powerful speech from the floor of the Senate Tuesday as he called on conservative members of his own party to stop obstructing voting rights legislation. Reverend Warnock is also pastor of the Ebenezer Baptist Church in Atlanta, which was the spiritual home of Dr. Martin Luther King and his father.

And that does it for our show. Democracy Now! is produced with Renée Feltz, Mike Burke, Deena Guzder, Messiah Rhodes, Nermeen Shaikh, María Taracena, Tami Woronoff, Charina Nadura, Sam Alcoff, Tey-Marie Astudillo, John Hamilton, Robby Karran, Hany Massoud and Mary Conlon. Our general manager is Julie Crosby. Special thanks to Becca Staley, Paul Powell, Mike Di Filippo, Miguel Nogueira, Hugh Gran, Denis Moynihan, David Prude and Dennis McCormick. You can go to democracynow.org for all of our shows, and also check us out on Instagram, on Facebook, on Twitter. I’m Amy Goodman. Remember, wearing a mask is an act of love.


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'Stop the Steal' Founder Spilled to Jan 6 Committee About Contact With Republican LawmakersFlags supporting Donald Trump and one that reads 'Stop the Steal' are displayed during a protest rally, Jan. 4, 2021, near Olympia, Wash. (photo: AP)

'Stop the Steal' Founder Spilled to Jan 6 Committee About Contact With Republican Lawmakers
Peter Wade, Rolling Stone
Wade writes: "Reps. Mo Brooks (R-Ala.), Paul Gosar (R-Ariz.), and Andy Biggs (R-Ariz.) all interacted with Ali Alexander, the founder of the pro-Trump 'Stop the Steal' movement, in the lead up to Jan. 6, Alexander's attorney said in a suit filed late Friday."

Ali Alexander interacted with Reps. Mo Brooks (R-Ala.), Paul Gosar (R-Ariz.), and Andy Biggs (R-Ariz.) ahead of the riot at the Capitol

Reps. Mo Brooks (R-Ala.), Paul Gosar (R-Ariz.), and Andy Biggs (R-Ariz.) all interacted with Ali Alexander, the founder of the pro-Trump “Stop the Steal” movement, in the lead up to Jan. 6, Alexander’s attorney said in a suit filed late Friday.

Alexander shared this information with the House select committee investigating Jan. 6, his attorney wrote in the filing, which was reported by Politico. According to the suit, Alexander told the committee he participated in “a few phone conversations” with Gosar and spoke with Biggs in person “and never by phone, to the best of his recollection.” Alexander additionally said he texted with Brooks. Alexander’s attorney said in the filing that the text has been turned over to the committee. Alexander also spoke on the phone to Brooks’ staff “about a ‘Dear Colleague’ letter and how his activists could be helpful” in objecting to the election certification.

Alexander has previously bragged about his interactions with Brooks, Gosar, and Biggs. “I was the person who came up with the Jan. 6 idea with Congressman Gosar, Congressman Mo Brooks, and Congressman Andy Biggs,” Alexander said in a since-deleted video. “We four schemed up putting maximum pressure on Congress while they were voting, so that [representatives] who we couldn’t lobby, we could change the hearts and minds of Republicans who were in that body hearing our loud war from outside.”

On Jan. 6, the suit says, Alexander spoke with Kimberly Guilfoyle, a former Fox News anchor and current girlfriend of Donald Trump Jr. who has bragged about raising money for the Stop the Steal rally that morphed into the Capitol attack. The suit described the exchange as a “short and pleasant call” during which Guilfoyle “thanked Alexander for being a leader on voting rights and creating the ‘Stop the Steal’ movement.” They additionally discussed “the ongoing Georgia election and the GOP primaries that would take place in 2022,” per the suit. Alexander has shared details from the call with the committee, according to the suit.

Alexander filed the suit in order to stop the House Jan. 6 committee from obtaining his phone records from Verizon. Contained in those records, the suit contended, are Alexander’s interactions with people who would be protected by privilege.

“The Select Committee’s Subpoena will yield data that will be used to populate a massive database of the personal friends and political associates of not just Plaintiffs, but everyone who has had any connection with the belief in election integrity, government skepticism, other political associations or vendors who worked with Plaintiff,” the suit alleges. “By analyzing data patterns in phone numbers, call session times, text messages, and geolocation data, investigators can build a permanent nationwide model of intimate political associations and networks within the conservative movement.”

None of the lawmakers named by Alexander have been called to testify before the committee. Responding to Rolling Stone report that protest organizers said Republican lawmakers and White House staff participated in “dozens” of planning meetings for the event, Brooks denied his involvement but said that he’d be “proud” if he staff had helped. Brooks also spoke at the “Stop the Steal” rally. Clad in body armor, he encouraged the crowd to “start taking down names and kicking ass.” Gosar’s chief of staff told The New York Times earlier this month that Alexander was “a solid organizer” but denied helping plan the rally, telling the paper Gosar’s office only promoted the Jan. 6 rally but did not help plan it. Biggs has also denied that he helped organize the rally.


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Why Wall Street's Top Cop Thinks It's Time to Get ToughGary Gensler. (photo: Jose Luis Magaua/Reuters)

Why Wall Street's Top Cop Thinks It's Time to Get Tough
David Gura, NPR
Gura writes: Under his leadership, the agency has launched a number of high-profile investigations, including one into a planned SPAC deal involving former President Trump's social media venture. And Gensler is making his way through a long agenda."

In his new job as Wall Street's top cop, Gary Gensler often thinks about one of his grandfather's favorite aphorisms.

"Ellis Tilles would say, 'Figures don't lie, but liars sure can figure," Gensler told NPR in a recent interview, noting that his grandfather immigrated to the U.S. from Lithuania at age 17.

The chairman of the U.S. Securities and Exchange Commission first heard that adage when he was a kid, growing up in Baltimore.

And although he didn't know his grandfather well, that saying has become a kind of guiding principle as he vows to bring a tougher and more muscular approach to supervision at a critical time for markets.

During the pandemic, millions of amateur investors have started trading stocks for the first time, thanks to apps like Robinhood.

They have banded together on the social network Reddit to push up the price of "meme stocks," including GameStop. And they have embraced cryptocurrencies and trendy investments like SPACs, which have become a popular way for private companies to bypass traditional initial public offerings.

That worries Gensler, who says these amateur investors may not be adequately protected.

"The basic bargain or tenet of our capital markets is that investors should get full and fair information," Gensler said. "And two, that they are protected against fraud and manipulation."

Under his leadership, the agency has launched a number of high-profile investigations, including one into a planned SPAC deal involving former President Trump's social media venture.

And Gensler is making his way through a long agenda. On Wednesday, the S.E.C. unveiled several proposals, including potential restrictions on how executives can trade on their own companies' stocks and a push for enhanced disclosures about corporate buybacks.

There's a lot more to come, much of it tied to forcing Wall Street to divulge more information or to enhance protections for average investors.

The sheer scope of SEC's agenda has stunned some longtime Wall Street observers.

"I'm staggered, as someone who has been watching the S.E.C. for half a century now, that the agenda is so robust, and there is so much energy behind it," says James Cox, who teaches corporate and securities law at Duke University.

"I'm thinking that, not only does Gary Gensler work seven days a week, but I think he works 26 hours a day," he says.

'My name is Gary Gensler'

Gensler brings years of experience as a regulator to his current role.

Unlike many of his predecessors, Gensler is not a lawyer by training. After starting his career at Goldman Sachs, where he rose through the ranks to become a partner, Gensler worked in the Treasury Department and then, as the chairman of another regulator, the Commodity Futures Trading Commission.

He ran that agency at another pivotal time, in the wake of the 2008 Global Financial Crisis. Gensler spent most of his time at the C.F.T.C. implementing new rules and regulations required by the sprawling Dodd-Frank law that brought tougher restrictions on Wall Street's activities.

Gensler is credited with reining in the so-called over-the-counter derivatives market, which is valued at hundreds of trillions of dollars. These kinds of contracts, traded by dealers not on exchanges, contributed to the meltdown in 2008.

And Gensler has kept his pulse on markets and finance through his life.

In 2018, Gensler joined the MIT Sloan School of Management, where he taught a course called "Blockchain and Money," about the technology that underpins Bitcoin and other cryptocurrencies.

"My name is Gary Gensler," he said when introducing himself to his students during his first lecture. "I've spent a lifetime around the world of finance and money and public policy."

Tougher rules coming for cryptocurrencies

Of all the items on Gensler's docket, the planned regulatory approach to cryptocurrencies perhaps tends to attract the most interest.

Gensler's class on Blockchain has become popular with the crypto curious who want to learn more about how digital currencies work.

But it also defines how Gensler approaches the job.

Cryptocurrencies have exploded in popularity since the pandemic began last year and today, tens of millions of investors are buying all kinds of virtual money, including ones such as Dogecoin that started off as jokes.

"Markets—and technology—are always changing," Gensler told members of the Senate Banking Committee during his nomination hearing. "Our rules have to change along with them."

In the NPR interview, Gensler said crypto investors deserve "some protection similar to what you've come to expect on the New York Exchange or Nasdaq or other trading venues."

Gensler has asked his staff to look into how the S.E.C. could regulate digital currencies and the exchanges on which they are traded. In speeches and congressional testimony, he has argued many cryptocurrencies are effectively securities, and therefore, they come under the agency's authority.

Wall Street fears overreach

Gensler's aggressive approach to regulation has some investors worried the U.S. could fall behind its competitors, or that new rules could stifle innovation.

This is a challenge all regulators face, according to Edmund Shing, the chief investment officer at BNP Paribas Wealth Management.

"Protecting consumers is generally a good thing, and regulations that are put in place to protect consumers are never a bad thing," he argues. "The question is whether governments then overreach themselves."

Gensler has heard this concern before, and when asked how he strikes the right balance, Gensler invokes every regulator's favorite cliché.

"It's sort of like that Goldilocks point," he says. "That the porridge is not too hot, and not too cold."

And as he tries to get that recipe just right with new rules, Gensler says he'll continue to keep his grandfather's aphorism top of mind.

"I just want to take every day to see what we can do for the American public — for young investors, for working families, for retirees along the way" he told NPR. "And then, hopefully, make the markets a little better for regular folks."

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Sunday Song: Bob Dylan | Murder Most FoulPulitzer Prize winning poet, songwriter and musician Bob Dylan's lament to to the 1963 assassination of U.S. President John F. Kennedy. (photo: Bob Dylan/YouTube)

Sunday Song: Bob Dylan | Murder Most Foul
Bob Dylan, YouTube
Dylan writes: "Twas a dark day in Dallas, November '63. A day that will live on in infamy."

Twas a dark day in Dallas, November ’63
A day that will live on in infamy
President Kennedy was a-ridin’ high
Good day to be livin’ and a good day to die
Being led to the slaughter like a sacrificial lamb
He said, “Wait a minute, boys, you know who I am?”
“Of course we do. We know who you are.”
Then they blew off his head while he was still in the car
Shot down like a dog in broad daylight
Was a matter of timing and the timing was right
You got unpaid debts; we’ve come to collect
We’re gonna kill you with hatred; without any respect
We’ll mock you and shock you and we’ll put it in your face
We’ve already got someone here to take your place

The day they blew out the brains of the king
Thousands were watching; no one saw a thing
It happened so quickly, so quick, by surprise
Right there in front of everyone’s eyes
Greatest magic trick ever under the sun
Perfectly executed, skillfully done
Wolfman, oh wolfman, oh wolfman howl
Rub-a-dub-dub, it’s a murder most foul

Hush, little children. You’ll understand
The Beatles are comin’; they’re gonna hold your hand
Slide down the banister, go get your coat
Ferry ‘cross the Mersey and go for the throat
There’s three bums comin’ all dressed in rags
Pick up the pieces and lower the flags
I’m going to Woodstock; it’s the Aquarian Age
Then I’ll go to Altamont and sit near the stage
Put your head out the window; let the good times roll
There’s a party going on behind the Grassy Knoll

Stack up the bricks, pour the cement
Don’t say Dallas don’t love you, Mr. President
Put your foot in the tank and step on the gas
Try to make it to the triple underpass
Blackface singer, whiteface clown
Better not show your faces after the sun goes down
Up in the red light district, they’ve got cop on the beat
Living in a nightmare on Elm Street

When you’re down in Deep Ellum, put your money in your shoe
Don’t ask what your country can do for you
Cash on the ballot, money to burn
Dealey Plaza, make left-hand turn
I’m going down to the crossroads; gonna flag a ride
The place where faith, hope, and charity died
Shoot him while he runs, boy. Shoot him while you can
See if you can shoot the invisible man
Goodbye, Charlie. Goodbye, Uncle Sam
Frankly, Miss Scarlett, I don’t give a damn

What is the truth, and where did it go?
Ask Oswald and Ruby; they oughta know
“Shut your mouth,” said the wise old owl
Business is business, and it’s a murder most foul

Tommy, can you hear me? I’m the Acid Queen
I’m riding in a long, black limousine
Riding in the backseat next to my wife
Heading straight on in to the afterlife
I’m leaning to the left; got my head in her lap
Hold on, I’ve been led into some kind of a trap
Where we ask no quarter, and no quarter do we give
We’re right down the street from the street where you live
They mutilated his body, and they took out his brain
What more could they do? They piled on the pain
But his soul’s not there where it was supposed to be at
For the last fifty years they’ve been searchin’ for that

Freedom, oh freedom. Freedom cover me
I hate to tell you, mister, but only dead men are free
Send me some lovin’; tell me no lies
Throw the gun in the gutter and walk on by
Wake up, little Susie; let’s go for a drive
Cross the Trinity River; let’s keep hope alive
Turn the radio on; don’t touch the dials
Parkland hospital, only six more miles

You got me dizzy, Miss Lizzy. You filled me with lead
That magic bullet of yours has gone to my head
I’m just a patsy like Patsy Cline
Never shot anyone from in front or behind
I’ve blood in my eye, got blood in my ear
I’m never gonna make it to the new frontier
Zapruder’s film I seen night before
Seen it 33 times, maybe more
It’s vile and deceitful. It’s cruel and it’s mean
Ugliest thing that you ever have seen
They killed him once and they killed him twice
Killed him like a human sacrifice

The day that they killed him, someone said to me, “Son
The age of the Antichrist has only begun.”
Air Force One coming in through the gate
Johnson sworn in at 2:38
Let me know when you decide to thrown in the towel
It is what it is, and it’s murder most foul

What’s new, pussycat? What’d I say?
I said the soul of a nation been torn away
And it’s beginning to go into a slow decay
And that it’s 36 hours past Judgment Day

Wolfman Jack, speaking in tongues
He’s going on and on at the top of his lungs
Play me a song, Mr. Wolfman Jack
Play it for me in my long Cadillac
Play me that ‘Only the Good Die Young’
Take me to the place Tom Dooley was hung
Play St. James Infirmary and the Court of King James
If you want to remember, you better write down the names
Play Etta James, too. Play ‘I’d Rather Go Blind’
Play it for the man with the telepathic mind
Play John Lee Hooker. Play ‘Scratch My Back’.
Play it for that strip club owner named Jack
Guitar Slim going down slow
Play it for me and for Marilyn Monroe

Play ‘Please Don’t Let Me Be Misunderstood’
Play it for the First Lady, she ain’t feeling any good
Play Don Henley, play Glenn Frey
Take it to the limit and let it go by
Play it for Karl Wirsum, too
Looking far, far away at Down Gallow Avenue
Play tragedy, play “Twilight Time”
Take me back to Tulsa to the scene of the crime
Play another one and “Another One Bites the Dust”
Play “The Old Rugged Cross” and “In God We Trust”
Ride the pink horse down the long, lonesome road
Stand there and wait for his head to explode
Play “Mystery Train” for Mr. Mystery
The man who fell down dead like a rootless tree
Play it for the Reverend; play it for the Pastor
Play it for the dog that got no master
Play Oscar Peterson. Play Stan Getz
Play “Blue Sky”; play Dickey Betts
Play Art Pepper, Thelonious Monk
Charlie Parker and all that junk
All that junk and “All That Jazz”
Play something for the Birdman of Alcatraz
Play Buster Keaton, play Harold Lloyd
Play Bugsy Siegel, play Pretty Boy Floyd
Play the numbers, play the odds
Play “Cry Me A River” for the Lord of the gods
Play number 9, play number 6
Play it for Lindsey and Stevie Nicks
Play Nat King Cole, play “Nature Boy”
Play “Down In The Boondocks” for Terry Malloy
Play “It Happened One Night” and “One Night of Sin”
There’s 12 Million souls that are listening in
Play “Merchant of Venice”, play “Merchants of Death”
Play “Stella by Starlight” for Lady Macbeth

Don’t worry, Mr. President. Help’s on the way
Your brothers are coming; there’ll be hell to pay
Brothers? What brothers? What’s this about hell?
Tell them, “We’re waiting. Keep coming.” We’ll get them as well

Love Field is where his plane touched down
But it never did get back up off the ground
Was a hard act to follow, second to none
They killed him on the altar of the rising sun
Play “Misty” for me and “That Old Devil Moon”
Play “Anything Goes” and “Memphis in June”
Play “Lonely At the Top” and “Lonely Are the Brave”
Play it for Houdini spinning around his grave
Play Jelly Roll Morton, play “Lucille”
Play “Deep In a Dream”, and play “Driving Wheel”
Play “Moonlight Sonata” in F-sharp
And “A Key to the Highway” for the king on the harp
Play “Marching Through Georgia” and “Dumbarton’s Drums”
Play darkness and death will come when it comes
Play “Love Me Or Leave Me” by the great Bud Powell
Play “The Blood-stained Banner”, play “Murder Most Foul”


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Coal Powered the Industrial Revolution. It Left Behind an 'Absolutely Massive' Environmental CatastropheTracy Neece drives at the strip mined property of the Neece family in Floyd County, Kentucky on July 15, 2021. (photo: Alton Strupp /The Courier Journal)


Coal Powered the Industrial Revolution. It Left Behind an 'Absolutely Massive' Environmental Catastrophe
James Bruggers, Inside Climate News
Bruggers writes: "Scenes from the end of coal: A blasted mountaintop in Kentucky, an underground inferno in Pennsylvania, slowly dying maples in New Hampshire and a toxic pile of waste in Florida."

Scenes from the end of coal: A blasted mountaintop in Kentucky, an underground inferno in Pennsylvania, slowly dying maples in New Hampshire and a toxic pile of waste in Florida.

Along the winding, two lane road that leads to Tracy Neece’s mountain, there’s no hint of the huge scars in the hills beyond the oaks and the pines.

Green forests cover steep slopes on each side of the road, which turns from blacktop to dusty gravel. Modest homes are nestled into the bottomlands along a creek with gardens that grow corn and zucchini under a hot summer sun.

The first sign of the devastation above is a glimpse of a treeless mesa, a landform more appropriate in the West.

As Neece navigates his Ford F-150 pickup truck past an abandoned security booth, he drives into a barren expanse. The forest is gone, replaced by grasses. The tops and sides of entire mountains have been blasted away by dynamite.

Neece stops at about 1,000 feet above the hollow to look at what is left of his mountain, where a coal mining company walked away and left sheer cliffs, exposed and dangerous, after miners gouged the black bituminous coal out of the mountainside with huge earth moving machines.

Neece bought the mountain in 2013 as an investment in coal, just before the bottom fell out of the Eastern Kentucky coal industry in 2015. His tenant left behind nearly two miles of unstable rock-faced cliffs that Neece estimates are as high as 250 feet tall.

By law, mining companies are supposed to ameliorate the damage they cause, a process known as contemporaneous reclamation. Slopes are supposed to be stabilized and returned to their approximate original contour; rainfall needs to be managed; grasses or trees must be planted.

None of that happened.

Now, Neece said, the property is both unsafe and basically worthless, because he isn’t sure if or when, or even how, it will ever be reclaimed.

“They never did nothing,” Neece said angrily of the now-bankrupt coal companies that sheared off the sides of his mountain. “You can’t use it for nothing.”

His experience is emblematic of coal’s accelerating demise in the United States and the environmental devastation its use has left behind. One environmental scientist, Emily Bernhardt of Duke University, said the damage would last “millennia.” A law professor in West Virginia, Pat McGinley, said there are coal areas in his state where “everything is contaminated, environments are wrecked and there’s no responsibility or no consequences.”

In Pennsylvania, underground mine fires burn and iron-laden, acidic water pours into rivers from abandoned mine shafts. In New Hampshire, the iconic sugar maple is threatened by soil damage lingering from coal-induced acid rain. In Florida, a young mother obsesses over air and water pollution from a vast pile of coal ash stored by her local utility. And in Kentucky, the multi-billion dollar cost of reclaiming abandoned mines like Neece’s far exceeds the amount of surety bonds left behind by an increasing number of bankrupt coal companies.

Across Appalachia, mountaintop removal and other forms of surface mining have scarred an area of more than 2,300 square miles in Kentucky, West Virginia, Virginia and Tennessee. Nationwide, over a million acres of land used by still operating, idle or abandoned mines need to be cleaned up and reclaimed—a job President Biden’s new $1.2 trillion infrastructure bill can only begin to address.

“The size of this problem is absolutely massive,” said Eric Dixon, a researcher who has studied abandoned mine lands nationally.

Coal is the dirtiest fossil fuel and has contributed more to global warming than either oil or gas. By one estimate, 46 percent of all man-made greenhouse gases spewed into the atmosphere since 1750 have come from coal, raising seas that threaten major cities and supercharging hurricanes.

The world has responded. The amount of U.S. electricity generated from coal dropped from 50 percent to 20 percent since 2005, though it’s projected to tick back up to 23 percent this year. The European Union is moving even more quickly away from coal. And at the United Nations climate talks last month in Glasgow, 40 nations said they would phase out the use of coal.

China and India, which burn two-thirds of the world’s coal, refused to make that pledge, as did the United States and Australia, a major coal exporter. And while Chinese President Xi Jinping said in September that China would stop building coal plants overseas, the nation continues to build coal plants domestically and still gets most of its electricity from coal. In fact, China’s greenhouse gas emissions from coal alone exceed the total emissions of the United States.

U.N. Secretary General António Guterres has said that ”accelerating the global phaseout of coal is the single most important step” toward meeting the Paris Agreement’s goal of keeping global warming to 1.5 degrees Celsius.

As this focus on coal has intensified, an international coalition of environmentalists and lawyers has begun a global campaign to make systemic, long-lasting environmental devastation like coal extraction an international crime called “ecocide” before the International Criminal Court, alongside genocide, crimes against humanity, war crimes and crimes of aggression.

The campaign’s future is uncertain. And even if ecocide were to become an international crime five or six years from now, it would have no legal bearing in the United States. The U.S. is not among the court’s 123 member nations, and coal mining has been expressly permitted, and promoted, by the U.S. government since its inception.

But those behind the campaign and many U.S. environmentalists say “ecocide” and the broad concept of crimes against nature provide a new and important moral framework for viewing widespread environmental damage as an affront to humanity at large.

The definition put forth by a panel of lawyers and legal scholars, convened by the Stop Ecocide Foundation earlier this year, evokes the devastation caused by coal mining. “Widespread” environmental harm, the lawyers wrote, “means damage which extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings.”

“Long-term” harm, they said, “means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time.”

Bernhardt, an ecosystem ecologist and biogeochemist who has been studying Appalachian strip mines and working to understand the long-term impacts of coal for nearly two decades, said blowing the tops off mountains fundamentally alters the planet.

“We have actually changed the slope distribution of an entire ecoregion,” she said. “So it’s a different shape than it was before. Water moves through it differently” and when it does, it picks up pollutants that could seep out “for decades if not centuries.

“There are coal mines from the Roman Empire,” she said, “that are still emitting acid pollution.”

In Kentucky, Part of a Mountain Removed

The land in eastern Kentucky that Tracy Neece leased for mining was first purchased by his grandfather in the 1930s. It’s surrounded by other strip mines.

Neece said his decision to lease his mountain seemed like a good idea at the time. He is not opposed to strip mining if it’s done within the law and with proper reclamation, and he says he had every expectation that the regulations would be followed.

Mining, he said, has “fed many families and provided a lot of jobs,” and surface mining can make more land accessible for hunting and other uses. On his property, he said, he wanted “to create some flat ground for house sites. Or you could run cattle on it.”

West Virginia Sen. Joe Manchin, a Democrat with family ties to the coal industry who is among coal mining’s staunchest defenders, frequently echoes a familiar refrain.

“American coal miners are the backbone of our great nation,” Manchin said at a National Press Club appearance in April. “For generations, our coal miners have mined the coal that forged the steel that developed the tanks and ships, and the industries we know that ensure our country is the strongest in the world.”

Manchin has also almost single-handedly blocked much of President Biden’s climate agenda in Congress this year, in an effort to give coal a life-line in a carbon-constrained world by pressing for costly and unproven carbon capture technologies.

But West Virginia, Kentucky, Pennsylvania and all the other coal states have paid a high health and environmental price for the nation’s economic growth, and the costs are still piling up.

In hindsight, Neece said he wishes he had never signed a lease with James River Coal, and that Revelation, the bankrupt Blackjewel company that left the property in its current condition, had never taken over the James River lease after James River went bankrupt.

As it is, trespassers on all terrain vehicles could now unknowingly drive off the top, Neece fears. Rocks could fall on homes down below. Rain could cause landslides.

“They knew what they were doing,” Neece said of Revelation. “They just wanted to make a million dollars, you know, take everything they could and go. They had no intention of putting it back.”

He said he also feels let down by Kentucky state mining regulators, who allowed the mining to occur without contemporaneous reclamation.

Records show that the state issued multiple notices of violations between 2016 and 2019 for mining regulations, including not reclaiming 10,000 feet of highwall left behind the miners. The company was also cited for failing to maintain proper drainage to control sediment runoff and properly manage waste rock, called mine spoils, that had been blasted from the hillside.

“It is clear from what I have seen, looking at the enforcement records that go back to 2016, there was a huge problem on this permit,” said Mary Varson Cromer, deputy director of the Appalachian Citizens Law Center in nearby Whitesburg, Kentucky.

From 2016 to the company’s bankruptcy in 2019, the state did “very little” to enforce its regulations beyond issuing violation notices, she said.

Kentucky Energy and Environment Cabinet spokesman John Mura said in a written statement that the state was working to resolve the problems at the mine, which it considers “a high reclamation priority.”

In Kentucky, the state funds reclamation of bankrupt mines like the one on Neece’s property through bonds purchased by mining companies, or a shared risk bond pool funded by fees on the industry if the mining company bonds fall short. But the worst may now be happening.

Overall, Kentucky’s reclamation liability ranges from $1.9 to $2.4 billion compared to companies’ bonds of about $888 million, according to a July report by Appalachian Voices, an environmental group. A similar state of affairs exists in other coal states.

On Neece’s property alone, the state estimated the cost of reclamation of more than 300 acres to be $10 million, according to records filed in bankruptcy court. The state only required about $1.7 million in reclamation bonds.

“I think we all know, we are in a position here where we are upside down and we got probably more problems than we got money,” Commissioner Charles “Rusty” Justice said at a March meeting of the state’s Kentucky Reclamation Guaranty Fund Commission.

In Pennsylvania, Coal Mining’s Long Run

A similar state of underfunded despair exists in northeast Pennsylvania’s Wyoming Valley, about 125 miles northwest of New York City, where coal mining fueled the industrial revolution in Boston, New York and Philadelphia.

The big mines have been gone for decades. But the industry left behind massive problems. Among them:

A 55-acre pile of toxic coal waste in Swoyersville. Millions of gallons of iron-laden, acidic water pouring out of the Old Forge Borehole near Scranton. A 15-acre underground mine fire near Olyphant that’s burned longer than many kids in town have been alive. And across the region, the ever-present risk of the collapsing underground mine timbers and the deadly surface cave-ins they can cause.

Congress passed the Surface Mining Control and Reclamation Act in 1977 to address many of these problems. It established federal regulations for surface mining, required mine reclamation and set forth bonding requirements to make sure reclamation occurs if companies go bankrupt. It also established the Abandoned Mine Land fund to address environmental damage from mines abandoned before 1977.

Since then, some 978,000 acres and $7.9 billion worth of damage from mines left behind before 1977 have been cleaned up nationally, according to an April report from the Ohio River Valley Institute. But another 850,000 acres of abandoned mine lands remain, and cleaning them up will cost another $18.3 billion to $24.4 billion—more than twice the official estimate from the federal government. Those costs are likely to grow to as much as $33.6 billion by 2050.

The vast majority of mines abandoned before 1977 are in Alabama, Kentucky, Ohio, Pennsylvania, Tennessee, Virginia and West Virginia.

Pennsylvania has already spent $1.26 billion in grant funds since 1980 to reclaim thousands of abandoned coal mines, including eliminating more than 270 miles of dangerous “high walls” left behind by surface mining, according to state officials.

But Pennsylvania also tops the seven states with an estimated $8.5 billion in unmet reclamation needs, according to the Ohio River Valley Institute’s analysis of the federal government’s abandoned mine land inventory. West Virginia has $5 billion in needs; Kentucky, $1.2 billion.

Whether or when these problems can be addressed largely depends on Congress. The main source of funding to address pre-1977 abandoned mine lands is a fund supported by fees for coal mining.

The bipartisan infrastructure bill signed by President Biden in November reauthorized the mine fund, even while reducing the assessment on coal mining companies. It also directed $11 billion to assist in reclamation projects over the next 15 years—enough to take a bite out of the problem, but not solve it.

Still, Pennsylvania is now looking to get an extra $250 million a year—an “unprecedented” amount, compared to the $56 million a year it has been getting for the last five years, said Brian Bradley, director of the Bureau of Abandoned Mine Reclamation in Pennsylvania’s Department of Environmental Protection.

Swoyersville

In Swoyersville, an historic mining community of about 5,000 just north of Wilkes-Barre, a massive pile of coal waste stands as tall as a 17-story building, surrounded on three sides by homes.

The dusty black material, enough to fill 26,000 rail cars, is left over from decades of coal mining by residents on the west side of the Susquehanna River.

Winds send ash into nearby backyards. Rain falling on the pile pollutes local waterways and groundwater. Trespassers on all terrain vehicles risk injuries. The pile is also a fire hazard.

There’s a plan to eliminate the pile in 10 to 20 years, but it depends on securing long-term financing from the abandoned mine fund or subsidies from the U.S. treasury.

The borough’s two-term mayor, Christopher Concert, said the pile is just not that big of a deal to many of his constituents. He recalls visiting relatives in Swoyersville in the winter as a child, 40 years ago, and sliding down the pile’s snow-covered banks.

That said, Concert called the coal mining waste, known locally as culm, “disgusting.”

“We need it hauled away,” he said. “I am praying that our state representatives, our congressmen, our senators, make more money available to make sure that that gets done.”

The Old Forge Borehole

The Old Forge Borehole is half an hour’s drive north from Swoyersville. The U.S. Army Corps of Engineers drilled the hole, 42-inches-wide and 170-feet-deep, in 1961, so that water threatening people’s basements could drain out of abandoned underground mines.

For more than 60 years now, from an outlet near Scranton, there’s been an uncontrolled release of polluted mine water into the Lackawanna River just upstream from where it flows into the Susquehanna River.

At this one location, anyway, acid levels have finally declined to near normal, state officials said on a recent visit, but the outlet is still dumping thousands of pounds of iron into the river daily.

In dry weather, the mine water is traffic-cone orange and, along with water from another mine outlet nearby, discolors the Lackawanna and Susquehanna rivers for three miles. The river bottom and shoreline rocks along its path are blanketed in a coating of iron, wrecking habitat for fish and other aquatic life.

Officials are talking with private business interests to see whether there could be a commercial market for the iron, or even the potential for hydropower generation, said Bernie McGurl, executive director of the Lackawanna River Corridor Association.

Otherwise, he said, it could take 1,000 or even 2,000 years for nature to clean up the mine water. Being an entrepreneur in the Wyoming Valley, he said, “means making money off the destruction left by coal.”

Olyphant

A half hour north, near the town of Olyphant, a 15-acre fire in an underground coal mine vents a rotten egg smell through crevices and pipes. It has been burning for 17 years.

After spending more than $25 million containing the fire, state officials think they can extinguish the inferno by next year. It’s one of more than three dozen mine fires the state had identified, as of last year. Nationally, at least 7,000 acres of mine fires are burning, with an estimated cost of more than $1 billion to remediate.

This one, called the Dolph Mine Fire, started with burning trash on top of a culm pile, like the one in Swoyersville. The fire fell through to the mine below, and has been burning ever since.

By 2008, the U.S. Office of Surface Mining and Reclamation had dug a 3,400-foot-long, 150-foot-deep trench to isolate the fire. Now, on a 75-acre footprint, contractors have constructed ponds and are filling them with water.

Their plan is to use surface mining techniques, including blasting and digging, to extinguish the fire by dousing it with water and foam. When exposed to the open air, it could burn up to 1,400 degrees. Their completion date: January 2023.

It’s tricky work, Bradley said. The contractor will be drilling into the culm pile and rock that overlays the old mine, putting explosives in holes to break up the rock and get down to the burning coal. The closer they get to the areas that have been burning, the hotter the rock will be and the more dangerous the work will be for the contractor.

“So one challenge is always just dealing with explosives in holes that are already hot,” he said. They meet that challenge by cooling the rock before blasting.

The fire that started at the Dolph Mine is just the sort of worst-case situation that worries Henry Zielinski, vice president of generation and reclamation for the Northampton Generating Co., the parent company that is overseeing reclamation at the Swoyersville coal waste pile.

“There is the potential that if this did catch on fire that you are not putting it out,” Zielinski said. “Maybe you are going to isolate it and let it burn.”

Long term questions about the viability of the cleanup—which depends on more government funding and burning the coal waste to produce electricity in marginally competitive plants—remain among skeptical residents.

“They said it would take 20 years to clean up,” said Bill Smith, who lives a couple of blocks away from the pile and was outside on a sunny fall day, fixing his clothes line. While he said he is not bothered by the pile “because it’s always been here,” he also expects it to be around for a lot longer. “Guess what, it will take more than 20 years,” he said.

In New Hampshire, Acid Rain and Recovery

Charles Driscoll hikes up a leaf-strewn path in the Hubbard Brook Experimental Forest in Woodstock, New Hampshire, where the recovery could take a century, or more. It’s a chilly, sunny October morning, with loon calls reverberating from nearby Mirror Lake.

Nearly all the sugar maple leaves have fallen to the ground, along with many from beech trees, creating a golden mat with splashes of red that feels soft underfoot. Driscoll runs Syracuse University’s Center for Environmental Systems Engineering and is a co-author of hundreds of scientific papers, many of them based at Hubbard Brook, one of the most studied forests in the world.

Hubbard Brook is where the pioneering ecologist Gene Likens in the 1960s co-discovered acid rain in North America and later, in 1974, co-identified fossil fuel combustion as its cause. It was also here where Likens, Driscoll and others revealed how acid rain from burning coal had stripped away soil nutrients that are vital to the region’s most iconic tree species—the sugar maple—with its brilliant yellow, orange and red leaves in the fall and syrup production in the spring.

When coal and other fossil fuels are burned, the emissions include sulfur dioxide and nitrogen oxides and can reach the ground as wet or dry depositions. They mix with water, oxygen and other chemicals to form sulfuric and nitric acid, and they can alter rain, fog or hail. They can also land as particles and acidify water and soil that way.

Acid rain was a key target of the Clean Air Act Amendments of 1990, signed by President George H.W. Bush. The law dramatically lowered emissions of sulfur dioxide from coal burning power plants that had done so much damage to lakes and forests in the Eastern United States. Other provisions required pollution controls for nitrogen oxides.

Acid levels in rain and lakes have come down and fish populations that had been wiped out in some lakes have started to return. Curbing acid rain is considered a major bipartisan environmental accomplishment.

“Sulfur deposition has decreased about 80 percent and acid rain has decreased about 80 percent,” Likens said in a Zoom interview. “So it is much, much improved, and that is a big success story.”

But both Driscoll and Likens say that damaged soils and their lingering effects on sugar maples have a long journey to recovery, and may not make it. These soils are the product of thousands of years of weathering. Recovery, Likens says, could take “decades, maybe centuries.”

Driscoll turns off the forest path and heads deeper into the woods, side-stepping fallen tree trunks and coming to a small opening where a cut in a hillside exposed a few feet of soil.

He scrapes at the soil, leaving a fresh cut, then kneels down to take a closer look and to poke at it with his finger.

“In areas like the Adirondacks or like Hubbard Brook, the soils are derived from minerals that are very difficult to break down and they have very slow weathering rates,” Driscoll explained.

The soils are naturally acidic. “And so we think either based on historical measurements or based on model calculations, that acid rain has leached out a significant fraction, primarily calcium, but also magnesium. And so trees that need large amounts of those materials are challenged.”

Like sugar maples, he says. The problem isn’t only at Hubbard Brook but on landscapes with similar soils in other areas of the Northeast and as far away as Germany and China.

The damage to the maple forest and individual trees is significant.

The phenomenon is often referred to as sugar maple syndrome. Particularly with older, big sugar maples, one branch or a couple branches will turn color early in the fall before the rest of the tree does. Then some of the upper branches will die back.

Over “maybe four or five, or six years, then the upper part of the tree dies back, and then ultimately, the tree will succumb,” Likens said.

It’s not only the older trees that are affected. Young seedlings cannot get established, which has prevented sugar maples from reproducing.

One of the reasons these scientists are so confident about their conclusions is from an experiment they conducted in part of the Hubbard Brook forest in the late 1990s, following up on a 1996 paper published in the journal Science, on the long-term effects of acid rain on a forest ecosystem.

Standing near a weir that was collecting and discharging water from a stream, with sensors to detect the flow and water chemistry, Driscoll explained what came next.

“We got funding from the National Science Foundation, and so the plan was to add back the calcium that was lost from historical acid rain, and see how the ecosystem recovers. And so we did it. It was applied by helicopter.”

In all, some 40 tons of slow-release calcium pellets were dropped over a 29-acre watershed in October 1999, and the experiment has been running ever since. Results were soon obvious. The ferns and other plants growing on the ground became greener, a change first noticed by the late Yale University forest ecology professor Tom Siccama.

“I thought he was crazy,” Driscoll recalled, but a check of the plants’ internal chemistry revealed higher chlorophyll content, he said.

The observations have continued.

“We saw that the seedlings for sugar maple, which were not really very prominent throughout the forest, were very prominent here,” in the watershed that had received the calcium,” Driscoll said. “So immediately, we saw a generation of sugar maple, which had been shut down for years, just spring back like magic.

He added, “And the canopy trees, within a short period of time, they completely responded to it—their growth greatly improved.”

But that’s only on a small research plot.

It would be too costly and impractical and probably politically unacceptable to spread calcium from helicopters over large swaths of the Eastern United States in areas where acid rain damaged the soils.

Climate change is another stressor for sugar maples, one that researchers across the region are watching closely. A 2018 report from the U.S. Forest Service, on New England and Northern New York forest vulnerabilities, found that the quality of sugar maple habitat is projected to decline under a higher-end greenhouse gas scenario.

But it’s those soil deficiencies of calcium from acid rain, due in large part to burning coal, that could deliver the knock-out punch to sugar maples in forests like this one, with its poorer quality soils.

“I think it’s going to occur over decades,” Driscoll said of the sugar maple decline. “You have these large canopy trees, they’re functioning, but they’re just not functioning very well. And regeneration has completely stopped.

“So there’s no small maples to replace the canopy maples when they die out,” he said. “And the sugar maples are being displaced by American beech in the forest.”

Eventually, as the climate continues to warm, oak trees may take over, leaving this particular forest but a memory.

In Florida, Coal Ash and Scrubber Sludge

Tucked among scattered pine and cypress trees in Orlando, Florida, a 175-foot-tall mountain of coal ash looms as a stark, physical representation of this booming region’s reliance on fossil fuels.

It sits beside two towering coal plants, their looming cylinder-shaped cooling towers sending curls of steam into the clouds from the most conspicuous part of the Orlando Utilities Commission’s (OUC) sprawling east Orlando, energy-generating complex known as Stanton Energy Center.

Piper Vargas is especially aware of the landfill. Vargas fears dust particles carried by the wind from the landfill six miles to the tidy blue lakeside home she shares with her husband Oscar and two sons Max, 8, and Diego, 5.

She worries about what inhaling toxic particles might do to her family, especially her sons, and how it might affect groundwater, a vital freshwater resource in the area.

Coal ash and other combustion wastes are what remains after coal is burned for electricity, and it contains toxic contaminants like mercury, cadmium and arsenic that can pollute the air and groundwater and are associated with cancer and other health ailments.

Vargas’ fears escalated into panic attacks, and she and her husband considered moving from their beloved neighborhood, where the family enjoys working in their vegetable garden in the backyard and engaging in outdoor sports like soccer and tennis.

“My mind starts to go to those places like, ‘Why do we still live here?,'” says Vargas, 38, a full-time mom who began homeschooling her kids just before the pandemic. “They’re not cleaning that up. Or they’re still burning (coal) right now. They still have years left of burning it.”

And, she wonders, what exactly happens to all that coal ash, and “what they do with that toxic waste,” she says.

Over the last century, as the U.S. increasingly relied on coal to power its economy, hundreds of power plants produced billions of tons of ash and other combustion wastes, including scrubber sludge.

The more air pollution utilities were required to scrub from their smokestack emissions to comply with clean-air rules, the more coal burning wastes they made. As the controls kept pollutants out of the air, some became part of the ash, making it more toxic, including contaminants like mercury, cadmium and arsenic, associated with cancer and various other serious health effects.

All that coal burning waste had to go somewhere.

Utilities dumped it into watery, unlined pits called coal-ash ponds, piled it office-tower-high in landfills, sent it to public works departments to spread on icy winter roads, used it as a dirt alternative at construction sites for embankment or structural fill and disposed of it at old coal mines.

For 28 years, OUC dumped much of its coal burning waste into its main landfill, covering about 90 acres.

That dumping stopped on Aug. 28, 2015, just 52 days before the first national regulations on the management of coal burning wastes went into effect. The maneuver exempted the landfill from the U.S. Environmental Protection Agency’s rules for environmental monitoring and, if contamination were to be found, from a requirement to take corrective actions.

Those rules now only apply only to a new, active cell next to the landfill that the utility uses and any future cells it fills with ash.

Regardless, said OUC spokesman Tim Trudell, the utility recognizes its responsibility with coal.

“We will continue to monitor that site for as long as it takes,” he said.

OUC’s situation is not unique, according to environmental watchdogs. They say OUC’s actions took advantage of a widely used loophole that was written into EPA’s Coal Combustion Residuals Rule, passed in 2015 near the end of the Obama administration, after decades of battles among environmentalists, industry and the EPA during Democratic and Republican administrations.

EPA, by exempting many ash disposal sites that had ceased receiving coal burning waste by the time the rule went into effect that year, may have exempted as much as half of all of such waste ever generated in the United States, from Florida to Alaska, environmental groups estimate.

“We are in danger of leaving half the ash unremediated,” said Lisa Evans, a senior attorney specializing in hazardous waste law at Earthjustice, a national environmental law organization. “It’s not being monitored and therefore it’s not triggering corrective action requirements of the rule. So you’re going to have this poisonous legacy, which could last permanently at many, many sites.”

EPA’s 2015 coal ash regulations were spurred by major disasters. One was near Knoxville on Dec. 22, 2008, when a levee that was holding a mountain of sodden ash suddenly broke loose from the Tennessee Valley Authority’s Kingston power plant. Some 300 acres were smothered. The ash spilled into two rivers. Three homes were destroyed, dozens more were damaged. In the years since, hundreds of cleanup workers fell ill and many have died.

Then in 2014, tens of thousands of tons of coal ash spilled from a Duke Energy power plant into the Dan River at Eden, North Carolina, affecting 70 miles of the watershed downstream.

For decades, EPA had exempted coal ash from its ‘‘hazardous waste’’ definition, a result of a 1980 amendment added by the late U.S. Rep. Tom Bevill (D-Ala.), to the nation’s main law for regulating hazardous and solid waste. Bevill was a 15-term congressman known as the “King of Pork” for his ability to return federal dollars to his home state. He was also known for delivering for the fossil fuel industry.

In his Congressional testimony at the time, Bevill said the intent of his amendment was to curb pending EPA rules on fossil fuel wastes in order to protect the coal and electric utility industries from “unnecessary burdens” and high costs, and to “encourage coal as a primary source of domestic energy.” Fossil fuel wastes, he argued to his Congressional colleagues, were not a “substantial hazard” to human health or the environment.

Thirty-five years later, despite having found dozens of examples across the country where coal ash had, or was likely to have, contaminated groundwater, polluted lakes or caused fish deformities, the EPA in 2015 sided with the coal and electric utilities industry, and again declined to deem coal-burning wastes as hazardous.

EPA officials concluded that the way it planned to regulate coal ash as a solid waste—a less rigorous category under the law—would be enough to prevent ash pile collapses, blowing ash dust and groundwater contamination. The officials also said their preferred strategy would give utilities “a practical approach” to managing its massive collection of coal burning wastes.

The EPA has so far all but left enforcement of its coal ash regulations up to citizens, or states, resulting in a hodgepodge of contradictory and confusing activity.

In some states, like North Carolina and South Carolina after the Southern Environmental Law Center sued, essentially all ash ponds are being drained and dug out, their toxic sludge sent to modern landfills with protective liners. SELC and its partners have won other victories for ash pond cleanups in Virginia and Tennessee.

In other states, it’s been a mixed bag, with utilities being allowed to merely drain and cover their ash ponds, a practice known as “cap-in-place.”

“The only way this becomes a public controversy,” said South Carolina’s Frank Holleman, a senior attorney with the Southern Environmental Law Center, “is either a local community group gets concerned and brings it to the attention of some environmental legal advocacy group, or the legal advocacy and environmental group learns about the problem and checks around and sees a local community that has a vague notion but isn’t quite sure what’s going on. Or third, you have a catastrophe.”

While the Trump administration, with its fossil-fuels agenda, was able to relax parts of the Obama-era rule, extending compliance deadlines and allowing utilities to request exemptions, other parts have remained, including requirements for utilities to monitor and report on groundwater conditions.

With all that monitoring, a better understanding of the scale of coal ash contamination across the country has emerged.

A 2019 report by the Environmental Integrity Project and other advocacy groups revealed polluted groundwater was even more widespread than previously known. They found unsafe levels of toxic contaminants linked to more than nine out of every 10 coal-fired power plants with monitoring data.

In all, unsafe levels of contamination were reported in groundwater at sites in 39 states and Puerto Rico. Illinois has the most power plants with polluted ash storage sites with 16, followed by Texas, Indiana, Kentucky, Michigan, North Carolina and Missouri, all with more than 10. Florida had nine power plants with polluted ash storage sites, including at the Stanton Energy Center, the report found.

Environmental advocates are looking to the Biden administration to deny utilities’ requests for cleanup exemptions made to the Trump administration, to start using new enforcement authority that Congress gave the EPA over coal combustion wastes in 2016 and require cleanup of contamination caused by ash dumping that occurred before that rule went into effect.

For its part, the Biden administration this year decided to retain the Trump administration’s coal ash rule revisions, saying that would be the “most environmentally protective course,” while promising to revisit coal ash management in future rule-making.

An agency spokesperson also said the EPA is investigating compliance concerns and potential environmental risks as part of its relatively new enforcement authority over the coal combustion wastes.

Evans, the Earthjustice attorney, has urged the agency to take a broad approach and close the loopholes and gaps in its regulations, to prevent long-term risks.

“These coal plant sites that operated for nearly a century in some cases buried toxic waste all over,” Evans says. “As these sites are retired, and in order to make sure this isn’t a long toxic legacy, you have to deal with all the toxic sources.”


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