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We won’t give up on justice for the Kingston coal ash workers

By Brianna Knisley - Appalachian Voices, June 10, 2022

On June 1, more than a dozen Kingston coal ash workers and their families showed up at the Tennessee Supreme Court in Nashville. With them was an incredible showing of faith, labor and environmental justice advocates, many of whom had traveled from across the state after participating in solidarity events in advance of the hearing.

The group gathered in the lobby for a prayer led by the Rev. Gordon Myers of Memphis. There in spirit were many other workers’ families who were too sick or otherwise unable to attend. Together, they filled every seat of the Tennessee Supreme Courtroom.

They were there to watch attorneys argue over an appeal that threatens the workers’ ability to seek financial claims for the injuries they sustained while cleaning up toxic coal ash near the Kingston Fossil Plant.

Workers allege that during the six-year cleanup of the Kingston spill, supervisors told them they could eat a pound of coal ash a day without harm. Supervisors even destroyed respirators and masks that their employees brought to the work site. Since the Kingston coal ash spill in 2008, which was the largest industrial disaster in US history, nearly 60 workers have died and hundreds more are sick.

On one side of the courtroom was counsel for Jacobs Engineering, the contractor hired by the Tennessee Valley Authority to lead the years-long cleanup that involved more than 900 workers. Jacobs has already been found guilty by a federal court of failure to exercise reasonable care in keeping the workers safe.

This hearing dealt with one of the contractor’s recent appeals — Jacobs’ claim that the Kingston workers should have to prove silica-specific injuries like pulmonary fibrosis in order to seek damages because of a state law called the Tennessee Silica Claims Priorities Act.

The workers’ counsel argued that because their clients were seeking claims for injuries caused by other harmful coal-ash constituents such as mercury, arsenic and lead, the TSCPA should not apply. Though the five Supreme Court justices asked discerning questions during the hearing, a ruling is not expected for weeks or even months.

Waiting is something the workers and their community allies have become accustomed to, but never has it been done idly.

The plan to turn coal country into a rare earth powerhouse

By Maddie Stone - Grist, May 26, 2021

At an abandoned coal mine just outside the city of Gillette, Wyoming, construction crews are getting ready to break ground on a 10,000-square-foot building that will house state-of-the-art laboratories and manufacturing plants. Among the projects at the facility, known as the Wyoming Innovation Center, will be a pilot plant that aims to takes coal ash — the sooty, toxic waste left behind after coal is burned for energy — and use it to extract rare earths, elements that play an essential role in everything from cell phones and LED screens to wind turbines and electric cars. 

The pilot plant in Wyoming is a critical pillar of an emerging effort led by the Department of Energy, or DOE, to convert the toxic legacy of coal mining in the United States into something of value. Similar pilot plants and research projects are also underway in states including West Virginia, North Dakota, Utah, and Kentucky. If these projects are successful, the Biden administration hopes that places like Gillette will go from being the powerhouses of the fossil fuel era to the foundation of a new domestic supply chain that will build tomorrow’s energy systems.

In an April report on revitalizing fossil fuel communities, administration officials wrote that coal country is “well-positioned” to become a leader in harvesting critical materials from the waste left behind by coal mining and coal power generation. Several days later, the DOE awarded a total of $19 million to 13 different research groups that plan to assess exactly how much rare earth material is contained in coal and coal waste, as well as explore ways to extract it. 

“We have these resources that are otherwise a problem,” said Sarma Pisupati, the director of the Center for Critical Minerals at Penn State University and one of the grant recipients. “We can use those resources to extract valuable minerals for our independence.”

Those minerals would come at a critical moment. The rare earth elements neodymium and dysprosium, in particular, are essential to the powerful magnets used in offshore wind turbines and electric vehicle motors. A recent report by the International Energy Agency projected that by 2040, the clean energy sector’s demand for these minerals could be three to seven times greater than it is today. 

Doing It Right: Colstrip's Bright Future With Cleanup

By staff - Northern Plains Research Council and International Brotherhood of Electrical Workers Local 1638, July 2018

In 2018, Northern Plains Research Council partnered with the International Brotherhood of Electrical Workers local union 1638 to conduct a research study into the job creation potential of coal ash pond cleanup in Colstrip, Montana.

Because coal ash pond closure and associated groundwater remediation is only now becoming a priority for power plants, there are many unanswered questions about the size and nature of the workforce needed to do it right. This study aims to shed light on some of the cleanup work being done now around the country and what that might mean for the Colstrip workforce and community.

From the executive summary: Coal ash waste is polluting the groundwater in Colstrip, but cleaning it up could provide many jobs and other economic benefits while protecting community health.

This study was conducted to analyze the job-creation potential of cleaning up the groundwater in Colstrip, Montana, that has been severely contaminated from leaking impoundments meant to store the coal ash from the power plants (Colstrip Units 1, 2, 3 and 4). Unless remediated, this contamination poses a major threat to public health, livestock operations, and the environment for decades.

Communities benefit from coal ash pond cleanup but the positive impacts of cleanup can vary widely depending on the remediation approach followed. Certain strategies like excavating coal ash ponds and actively treating wastewater lead to more jobs, stabilized property values, and effective groundwater cleanup while others accomplish only the bare minimum for legal compliance.

This study demonstrates that, with the right cleanup strategies, job creation and environmental protection can go hand-in-hand, securing the future of the community as a whole.

Read the text (PDF).

Workers At Coal Waste Landfill Told That Coal Ash Is ‘Safe Enough To Eat,’ Lawsuit Says

By Emily Atkin - Think Progress, September 5, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Employees of an Ohio landfill used primarily for disposing of toxic coal waste byproducts like coal ash were told that the waste was “safe enough to eat” and weren’t required to wear protective gear, resulting in numerous illnesses and some deaths, according to a lawsuit filed on behalf of 77 people last month.

Doug Workman, a supervisor at the General James M. Gavin Residual Waste Landfill landfill in North Cheshire, Ohio, allegedly responded to worker inquiries about whether working with the coal waste was safe “by sticking his finger into the coal waste and then placing his fly-ash covered finger into his own mouth,” thereby implying that “that coal waste was ‘safe enough to eat,’” according to a report in the West Virginia Record. Both Workman and American Electric Power — the power company that owns the landfill — are targets of the lawsuit, which claims that workers who handled the waste were not adequately protected from its toxic properties.

“Repeatedly, individuals were not provided with protective equipment, such as overalls, gloves or respirators when working in and around coal waste,” the lawsuit reads. “These working men and women, already exposed to the contaminants at the job site, then, in turn, carried the coal waste home to their families on their clothes and shoes, thus even exposing family members to the deadly toxins.”

The lawsuit was filed on behalf of 77 people, 39 of whom were direct employees of the landfill and others who claim they were harmed by contact with those employees. The West Virginia Record notes that most of the workers were actually employees of contractor companies that worked for AEP.

AEP owns the landfill because it is directly next to one of its coal-fired power plants, and is therefore used to dispose of the waste that comes from that plant. One of the biggest forms of waste from burning coal is called coal ash, which is usually stored with water in large ponds, or in landfills. The black sludgy substance is known to contain arsenic, lead, and mercury.

However, workers at the Gavin landfill were allegedly told that the coal ash was only a mixture of “water and lime,” and that it contained “such low levels of arsenic, it made no difference.” The workers were allegedly told that the “lime neutralizes the arsenic,” according the the Record’s report.

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