TALLAHASSEE, Fla. - Conservation groups say Florida's environmental regulators ignored a decade of warning signs - including advice from the U.S. Army Corps of Engineers - and it ultimately led to the Piney Point wastewater leak. Now, they plan to file suit.

The Florida Department of Environmental Protection, HRK Holdings, and the Manatee County Port Authority have all been named in the Notice of Intent to Sue, after April's leak of a phosphogypsum stack, releasing about 215 million gallons of wastewater into Tampa Bay and prompting evacuations.

Jaclyn Lopez, Florida director and senior attorney with the Center for Biological Diversity, said the suit calls for permanent closure of the site and better solutions than dumping the remaining waste into Florida's groundwater.

"If we don't file this lawsuit," said Lopez, "our concern is that the DEP, the county and HRK is going to choose a path of least resistance for getting rid of the waste that they're left managing, and deep-well injection appears to be such a path."

In a statement, the Florida DEP says it's committed to holding all involved accountable, as well as ensuring permanent closure of the site. However, Lopez and other conservation groups say the suit highlights the state's negligence, which allowed the spill to occur.

The groups note DEP is the primary agency for granting permits for operations at the site, and allege that it ignored the advice of federal regulators to not use the site as a place to store dredge material. Lopez said all parties were aware of the risks.

"Piney Point is a well-documented example of the regulatory failures of an industry, but it's not the only one," said Lopez. "We have many other phosphogypsum stacks in Florida that are in various stages of failing or failure."

The groups want to see more effort on cleanup alternatives, such as the phosphate industry-backed use of reverse osmosis systems to clean and filter wastewater.

Other plaintiffs include the ManaSota-88, Our Children's Earth Foundation, Suncoast Waterkeeper and Tampa Bay Waterkeeper.

Indiana environmental advocates are facing uncertainties following the election.

Changes in federal leadership could shift key environmental protections, creating questions for state policies on coal ash and water quality.

Sam Carpenter, executive director of the Hoosier Environmental Council, noted federal regulations, like those from the Environmental Protection Agency, have helped Indiana manage environmental challenges, including addressing unlined coal ash pits contaminating groundwater. With shifting federal priorities, there is a question of what will happen to the protections.

"The EPA had recently come out with guidelines that require those to be cleaned up," Carpenter pointed out. "There are similar things with coal-fired power plants where we still rely quite a bit on our coal power generation which is dirty."

Carpenter argued the plants are costly and harmful to health and the climate. Supporters of reduced regulation argue scaling back federal oversight could ease economic pressures on Indiana's coal industry and reduce costs for energy providers.

Carpenter expressed concern over Indiana's legislative stance, emphasizing a need for strong regulations to protect the well-being of Hoosiers and natural resources in the state amid increased development.

"What we need to think about is protection of our health, protection of our water, of our natural assets," Carpenter emphasized. "In our statehouse there is a real concern about regulation. We rely on some protection for natural resources."

Despite the challenges, Carpenter urged residents to stay hopeful and engaged, stressing involvement is a powerful antidote to despair. He assured supporters the council would keep pushing for clean energy, water quality improvements and partnerships across political lines to secure a healthier environment.


get more stories like this via email

Hispanic families who fish to put food on the table are disproportionately affected by mercury, which accumulates in seafood in Southern California.

Surveys at 10 piers in Los Angeles and Orange counties found 60% of the anglers were Latino and native Spanish speakers, and 78% of them were fishing to feed their families.

Sofia Barboza, ocean manager for the Hispanic Access Foundation, said the families are exposed to toxins in fish from polluted waters.

"We found that Hispanic anglers in California are actually ingesting an average of 13.9 micrograms of mercury per day via fish consumption that they had caught in local waters," Barboza reported. "This is double the amount of mercury that has been determined as safe by the EPA."

Fish with high mercury levels have also been found in the Bay Area, the Central Coast near Humboldt and Deer Creek. A newly-released report from the foundation about Latinos in U.S. fisheries found 5% of Latinos in California, or about 785,000 people, work in the agricultural, forestry, fishing, hunting and mining sectors. But no research yet exists to determine how many Latinos are in commercial fishing.

Barboza suggested the warning signs about pollution at the piers, as well as government websites, should be translated into Spanish.

"Even though 28% of the California population speaks Spanish, the California Fish and Wildlife Department fishing regulations are not provided in Spanish on their website," Barboza pointed out. "Something we would like to see moving forward."

The report also recommends stronger oversight of commercial fishing companies hiring Hispanic migrant workers on H2B visas to ensure they receive fair wages, safe working conditions and access to safe housing.

By Angela Dennis and Adam Mahoney for Capital B News.
Broadcast version by Shanteya Hudson for North Carolina News Service reporting for the Rural News Network-Public News Service Collaboration

Robert Thomas' home is still standing after the coffee-colored floodwaters of Hurricane Helene rushed through his community, but everything that made up his life has been swept away.

Thirteen days after Helene first made landfall in the U.S., it is known that at least 230 people died during the storm's surge, with hundreds of people still unaccounted for. While the Federal Emergency Management Agency ultimately sent out more than 7,000 employees and thousands of volunteers poured into the region with tons of food, clothes, water, and other supplies, it still took days for aid to reach some people - particularly Black low-income people, the elderly, and those living with disabilities.

"There's always a major disparity," said Thomas, who remains without electricity or clean water, but has already been denied aid from the Federal Emergency Management Agency because his home didn't receive any physical flood or wind damage.

"You see which communities get up and running quicker," he said. Within two days of the catastrophic storm, he said he noticed utility workers restoring power in the majority white and wealthy areas of Asheville.

He, like most people who've been on social media over the past two weeks, quickly saw conspiracy theories about how the federal government was planning, or not planning, to respond to the storm.

Helene's devastation far exceeded most people's predictions, pointing to why it took FEMA time to get to some of the hardest hit areas such as western North Carolina and Augusta, Georgia. Most residents Capital B spoke to ultimately applauded the federal response to the storm. Yet, it is in those long days between the storm's destruction and when people can get back to their lives where stories that fuel political discontent - and in Hurricane Helene's case, political disinformation - can take root.

The social media platform X has helped fuel a firestorm of conspiracies and politically charged lies, which may have severe implications for the election. Some conspiracy theories, mainly pushed by right-wing actors, claim that FEMA abandoned some parts of North Carolina so that the Biden administration could mine lithium there for electric vehicles; that FEMA ran out of money because the Biden administration has diverted disaster funds to new arriving migrants; and that the government was bulldozing communities to cover up bodies left behind by the storm. Even North Carolina Lt. Gov Mark Robinson - the current Republican gubernatorial nominee - pushed disinformation online about recovery efforts and days later skipped a vote on hurricane relief support for a second time.

Some Black residents in Asheville and Augusta told Capital B that they don't have electricity and elections are the last thing on their minds. Asheville is about 11.2% Black and Augusta is 60% Black. In Georgia, the voter registration deadline has already passed, and in North Carolina, it is just a day away, on Oct. 11. After storms, communities usually have fewer in-person voting polls, and more mail-in ballots are lost or destroyed. And those who originally planned to vote feel like they won't have enough time or access to information to cast an educated vote.

"It is absolutely a reality that voter turnout is going to decline because at this point, everybody is so discombobulated and distracted, who is really going to want to go to a damn poll at this point when you don't have a house?" said Falasha Talbert, a mother of 10 and small-business owner in Augusta.

Typically, Black voter participation in North Carolina and Georgia is above the national average for Black voters, but based on a series of studies, there is an expectation that voting in the impacted regions will decline by around 10%. Augusta's Richmond County was just one of two eastern Georgia counties impacted by the storm that turned blue in 2020. Likewise, Asheville's Buncombe County was the only storm-impacted western North Carolina county outside Charlotte that went Democrat.

As Hurricane Milton causes destruction across Florida, advocates are calling on Gov. Ron DeSantis to heed what has already been seen across the region. "It is unreasonable to expect people to focus on registering to vote with multiple storms wreaking havoc," a coalition of community groups wrote to DeSantis.

"People are tired"

However, as right-wing talking points have infiltrated the disaster recovery ecosystem, it may be backfiring for Republicans - particularly because of Project 2025's vision to "defund" FEMA. After storms, elections can become more competitive if a candidate leans more anti-environment.

"FEMA has helped some people, even if they didn't help me," said Thomas, who has been assisting in relief efforts as well as voter registration in Asheville.

"But I wouldn't say that they need to be disbanded just because I didn't get what I needed from them, and [Hurricane Helene] shows the need of FEMA. So, [former President Donald Trump] talking about disbanding FEMA, and me being in a situation where I need FEMA, pushes him further away."

Thomas, 37, is a staunch supporter of Black reparations - the need for which he said has been made only more clear after Hurricane Helene's impact, but has also contributed to a lack of enthusiasm for the upcoming election because no major candidate has a reparations plan.

In Asheville, immediately after the storm hit, Keynon Lake turned his nonprofit group's headquarters into a resource distribution center. Over the week since, he and other community activists have distributed 10 to 15 passenger vans worth of water, food, and cleaning supplies every day to Black and brown victims, including those in nursing homes.

"We are still digging through the rubble and trying to find a way out," said Lake, the founder of My Daddy Taught Me That. Other places routinely hit by hurricanes like Florida and Louisiana have well-oiled response ecosystems, he said, but North Carolina's has been piecemeal.

"Everyone is in survival mode and a mental lull to where it's like, 'I can't even take a shower today, so why would I be talking about next month, about politics. I don't know if people will get back there before the election."

Tomiko Ambrose Murray, a political organizer in Asheville, laid it out plainly.

"We are trying to figure out how to get Black folks to participate in the election; I think there can be a narrative that Black people don't care about climate change, and that's just false," she said.

But, "people here are sleep-deprived, aren't able to work their jobs, don't have money, or maybe possibly having been denied by FEMA, No electricity, no water, you know, those kinds of things, not being able to shower."

"And so people are on the front lines trying to support their communities. Connect people with what they need, and they're exhausted, and it's been like day after day after day. People are tired."

The exhaustion and fatigue last long after the storm and can shape how people view the government for the rest of their lives. Just ask Hurricane Katrina survivors.

Talbert says the fallout of Helene has also made racial inequities more prominent in eastern Georgia. The day after the storm, she said she had to wait hours just to get snacks from the gas station because there were no full service grocery stores within accessible distance of her majority-Black community. As people struggled to get food and gas because of price-gouging, chaos ensued. She witnessed a shooting, as well as a woman that was beginning to give birth in a car because the hospital was inaccessible.

"There was no plan in place for this, and it was obvious," she said. Talbert said she believes the aftermath of the storm, in addition to both Democrats and Republicans not being proactive in the community before the storm, will make it easy to ignore the election.

The false promise of a "climate haven"

As much of western North Carolina slept in the early morning hours of Sept. 27, Hurricane Helene had done the unimaginable by overtopping rivers in the mountain region.

Last year, Asheville ranked second in the country for the most move-ins from new residents compared with residents moving out. A lot of the growth, residents and researchers have explained, was due to the city's designation as a "climate haven" for its mild temperatures, low wildfire and drought risk, and its distance - 300 miles - from the coast, and the storms and sea level rise that brings.

In the area around Asheville, rain swelled the watershed that twists and turns for almost 1,000 square miles, running water off the natural mountainous terrain into the paved and quickly growing city of 95,000. Because the situation developed overnight, Lisa Whittenburg, a mother of three, had no time to evacuate. At more than 400 miles wide, Helene was the third-widest storm in recorded history. Even as the storm battered Florida and Georgia the night before, most residents in the area had no idea of the storm's historic length and ability to turn Asheville into a raging river. There was nowhere for the water to go but up.

After watching the floodwaters rise and swallow the first two floors of her apartment complex in the early hours of Hurricane Helene, Whittenburg accepted her fate: "It got to the point where I had just accepted it, like, 'God it is your will. If I'm not supposed to be here, I won't be.'"

So, by early morning, the family and more than a dozen other residents sat trapped on the third floor of their subsidized housing complex. There wasn't much up there with them outside of an inflatable air mattress that the family brought up in their quick thinking as they evacuated their apartment. One issue: there wasn't a pump. It did not stop Whittenburg's adult daughter Cynia from using all her might to blow up the mattress with her mouth.

"'Mama, we getting out of here,'" Whittenburg recalled her daughter saying.

But Whittenburg wanted to take her chances on the roof. She didn't know what was in the floodwaters, which are known to be full of toxins, sewage, and bacteria, and she thought to herself, "I'm gonna sink, right?" So, she waited, even as the waters threw a tractor-trailer into her apartment complex and the stilts it stood on began to crack.

Two weeks later, she is still fighting for more concrete answers from FEMA. She applied for funding and said she was approved, but the total amount and details have been confusing. Whittenburg said she no longer has anywhere to stay with electricity in the area. Sleeping or staying in her apartment, filled with muck and debris, is akin to staying in "quick sand."

"I just need to be somewhere where things are functioning," Whittenburg explained as she was packing up to leave Asheville to stay with her sister in Greensboro, North Carolina, on Tuesday. "People like me don't have anything. ... I've never had to do nothing like this before."


This story was originally produced by Angela Dennis and Adam Mahoney of Capital B News as part of the Rural News Network, an initiative of the Institute for Nonprofit News (INN), supporting more than 475 independent, nonprofit news organizations.