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A Trump administration proposal would hand Alabama authority over coal ash pond closures, a change that critics say could leave vast amounts of toxic waste in place beside some of the state's most important waterways.
For families living near those rivers, opponents say the proposal could preserve pollution risks for years instead of speeding cleanup efforts.
What happened?
On July 13, the Environmental Protection Agency proposed approving Alabama's coal ash permitting program, according to Inside Climate News. If finalized, the proposal would put the state in charge of utility plans to close coal ash ponds at major power plants.
The Southern Environmental Law Center said the plan now under consideration is "identical" to the one previously denied. In 2024, the Biden-era EPA rejected Alabama's program, saying it was "significantly less protective of people and waterways than federal law requires."
Coal ash is the waste left after coal is burned, and it can contain arsenic, lead, mercury, and other heavy metals. In Alabama, unlined ponds along waterways hold more than 117 million tons, including six sites operated by Alabama Power.
EPA Administrator Lee Zeldin cast the proposal as a state-led approach, saying the agency "trusts local communities to make common-sense decisions that grow the economy and protect human health and the environment."
Why does it matter?
The issue is not just where the coal ash sits, but what surrounds it. For decades, utilities often stored ash in unlined ponds near rivers, where groundwater could come into direct contact with the waste and carry contaminants beyond plant boundaries.
That can put nearby communities at risk while also threatening ecosystems such as the Mobile-Tensaw Delta, one of North America's most biodiverse regions and often called "America's Amazon," Inside Climate News noted. When polluted groundwater reaches connected waterways, the damage can spread far beyond a single plant site.
Environmental advocates have also warned that leaving ash in place beside rivers preserves the risk of major failures. In 2008, the Tennessee Valley Authority's Kingston Fossil Plant disaster sent 1.1 billion gallons of coal ash slurry into nearby rivers and swamped homes.
A policy that allows older waste ponds to remain in place can slow progress toward cleaner water and healthier neighborhoods in communities that have lived near industrial pollution for decades.
What's being done?
The proposal is not final. The EPA said that if it ultimately approves Alabama's 2026 application, existing state-issued permits would need further review, and the public would get another opportunity to weigh in on the full permits.
Court fights over coal ash storage are already underway. Coosa Riverkeeper sued over groundwater pollution tied to a coal ash pond in Gadsden that had been capped. Mobile Baykeeper is also suing Alabama Power over the 600-acre coal ash pond at the James M. Barry Electric Generating Plant in Bucks, Alabama, where 21.7 million tons are stored near the headwaters of the Mobile-Tensaw Delta.
The EPA also outlined the public input process. Written comments will be accepted through Sept. 14 and, as Inside Climate News reported, the agency plans a virtual public hearing on Sept. 3 from 9 a.m. to 6 p.m. CDT, with members of the public getting up to five minutes for oral comments.
"Just two years ago Alabamians celebrated when EPA heard their pleas and denied the state's attempt to leave toxic coal ash in water filled pits next to rivers and lakes," said Nick Torrey, senior attorney at the Southern Environmental Law Center. Zeldin, meanwhile, said Alabama understands "its own resources and topography better than bureaucrats in D.C."
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