CHARLOTTE, N.C. - Late Friday, federal prosecutors filed nine criminal charges against Duke Energy for the pollution caused by the company's coal ash slurry ponds and subsequent violations of the Clean Water Act.

The charges include power plants in Asheville, Charlotte, Goldsboro, Chatham County and Eden, where 39,000 tons of coal ash from Duke's Dan River plant spilled into the river.

Senior attorney D.J. Gerken with the Southern Environmental Law Center says North Carolina residents, faced with an energy monopoly, don't have a choice about where they purchase their power.

"You have to buy your electricity and they get to sell it to you," says Gerken. "Meanwhile, they've been doing the cheapest thing possible with their coal ash. They've been sluicing it into unlined pits in the ground next to drinking water supplies, and the inevitable has happened. They've polluted surface water and ground water; that's what these criminal charges reflect."

Immediately after the charges were announced, Duke reported it would pay more than $68 million in fines and restitution and $34 million for community-service projects. The settlement has to be approved by a federal judge before it is official.

Duke Energy declined an interview for this story, but did offer a statement posted on the company's website by CEO Lynn Good.

"We have taken the steps necessary in order to improve throughout our system," wrote Good. "We've used outside engineering experts. We've used outside scientists to help inform smart solutions and we're working proactively to close all of our basins in North Carolina as rapidly and as safely as we can."

While the money paid by Duke will come from shareholders and not ratepayers, Gerkin says what matters now is whether and when the cleanup happens.

"Duke is pleading guilty to criminal violations and saying that its sorry, and that's a wonderful state," he says. "But where we need to end up is a permanent solution to its ongoing pollution of North Carolina's water and drinking water."

He says health and environmental experts are concerned about the effects of the coal ash on the state's groundwater supply. High arsenic levels have been found in the water at some sites, at 66 times the recommended maximum for drinking water. Even if a federal judge accepts Duke's proposed settlement, Gerkin says state lawsuits against the company will proceed.


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Residents of East Palestine, Ohio, say they continue to live with health problems, including rashes, nosebleeds and respiratory issues following last year's massive train derailment and chemical spill.

According to the Environmental Protection Agency, 177 tons of solid waste of solid waste and 68 million gallons of water have been transported out of East Palestine for disposal.

Jess Conard, Appalachia director for the advocacy group Beyond Plastics, said vinyl chloride is a key ingredient in making PVC plastic. She argued the disaster highlighted the need to reduce production of industrial plastic and better regulate all stages of the plastic life cycle. She added residents still do not have the resources needed to stay safe.

"We are also in desperate need of residential indoor and outdoor air monitoring and air assessments for our homes," Conard contended. "There are residents within the past month that have reported detections of vinyl chloride outside of their home."

Norfolk Southern recently agreed to a $600 million settlement in an attempt to resolve a string of lawsuits involving thousands of people.

If it gets approval from all parties, it would resolve all class-action claims by people and businesses who were within a 20-mile radius of the derailment site, and personal injury claims within 10 miles. In a statement on the company's website, the company stressed the settlement does not constitute any admission of liability, wrongdoing or fault.

Conard pointed out the settlement will not prevent another train-related environmental disaster from happening. She noted the amount of money in the proposed settlement will hardly leave a dent in the pockets of a company whose profits topped $8 billion last year.

"If the court accepts this settlement, it sets the precedent that there is a corporate price tag for poisoning communities," Conard asserted. "The court must uphold justice for the people."

Congress has stalled on passage of legislation to boost regulations around inspections and fines for railroad companies violating safety standards. Earlier this month, the Biden administration passed a new rule requiring freight operators to have at least two people on board, in an attempt to increase safety.

Chemical plants in West Virginia and other states will be required to curb emissions of toxic, cancer causing pollutants - such as ethylene oxide, chloroprene and other chemicals - under a new Environmental Protection Agency rule.

Hundreds of facilities, most located near low-income or communities of color, will also have to collect air pollution data and submit it to the EPA.

The data will also be made available to communities, which Jeremy Symons - a senior advisor with the Environmental Protection Network - said is an important tool for transparency and environmental justice.

"Not only will this action by EPA reduce these dangerous toxic air pollutants by 96%," said Symons, "but they're also going to require chemical plants to install fenceline air-pollution monitors."

Research has shown that long-term exposure to ethylene oxide and chloroprene can increase the risk of certain types of cancer, such as lymphoma, leukemia, breast cancer and liver cancer.

Children are particularly at risk.

The Biden administration says the rule will slash more than 6,200 tons of toxic air pollution each year in affected regions.

Symons, a former EPA advisor, said the rules come after years of work by local community members and environmental organizations that have sounded the alarm on the impact of deadly air pollution.

"There's been especially high cancer rates in these communities," said Symons. "So it's really significant that EPA has taken action and gone into the communities that have not been protected as much as they should be in the past."

A handful of companies in West Virginia - including Chemours, Koppers and Altivia - will have to comply with the new rules.

Investigative reporting published in 2021 by Mountain State Spotlight and ProPublica have revealed how toxic chemical pollution has harmed the state's majority Black communities.

People working for environmental justice are rallying today at the downtown Pittsburgh headquarters of U.S. Steel, voicing their concerns to company shareholders about creating a healthier future in the Monongahela Valley region.

Japan's Nippon Steel is buying U.S. Steel for more than $14 billion.

Duquesne Mayor Nickole Nesby, an environmental-justice organizer with the group 412Justice, said the asthma rate in the Mon Valley is four to five times higher than the national average. She pointed out they're being left out of important conversations about the sale and are urging better health protections.

"We are actually gathering to demand a seat at the table," she said. "We -- the communities which have been impacted by the pollutants for decades -- have not had a seat at the table. Our voice needs to be heard."

U.S. Steel has had a presence in the Mon Valley since 1901 and currently employs more than 3,000 workers. Nesby said the sale isn't supposed to affect local employment, as U.S. Steel has said it will keep the contract as it currently exists.

U.S. Steel's Mon Valley Works, which includes the Clairton Coke Works, is the biggest coke plant in the country.

NaTisha Washington, communications manager for the Breathe Project, said the plants have a long history of breaking air-quality rules and facing complaints. She added that the plants keep getting fined for exceeding pollution limits - and even have trouble getting new permits.

"There is no transparency with the communities about these air quality days being bad," she said. "No protections, no resources like air filters, or anything that's supporting residents that are affected by these bad-air days."

Washington added that money is being put into a clean-air fund and a Community Benefit Trust. But there has been no visible improvement to community health so far. She noted many Mon Valley residents are feeling the impacts of either poor air or water quality.