ASHEVILLE, N.C. - Progress Energy has 60 days to respond to allegations the company violated the Clean Water Act at its Asheville facility. The notice of intent was filed late last week by the Southern Environmental Law Center on behalf of several environmental organizations, after the French Broad Riverkeeper found evidence of toxic substances in the French Broad River.

Samples taken from the river in Asheville include evidence of coal combustion waste, listed as toxic substances by the U.S. Department of Health and Human Services. The waste is believed by conservation groups to be from Progress Energy's coal ash plant in Asheville.

Hartwell Carson, the French Broad Riverkeeper, took the samples from the historic river and says dumping coal ash in ponds is an outdated practice.

"It's ancient technology. They basically dig a hole in the ground and they dump toxic materials in the hole and they store it all behind earthen dams."

Late last week the Southern Environmental Law Center sent a Notice of Intent to Progress Energy Carolinas, giving them 60 days to address the alleged Clean Water Act violations before they file a suit on behalf of several conservation groups.

Progress Energy claims the ash basin seepage is not an illegal discharge and is covered under their state permitting.

The substances found in the water samples include such metals as cobalt, barium, manganese and nickel. They are carcinogenic, and are known to cause asthma, learning disabilities, birth defects and other health problems, according to several environmental studies.

That pollution is believed to originate in the coal ash stored in unlined ponds near the French Broad River. Carson points out that while landfills are required to line their garbage dumps to protect the ground water, coal ash ponds do not have that requirement.

"Your banana peels and your apple cores are regulated much more tightly than coal ash," the Riverkeeper says. "And that's partially because of the influence of the coal industry."

The Asheville Progress Energy plant has two coal ash ponds, built in 1964 and 1982. Ash pond seepage has been documented for at least three decades, according to public records. Progress Energy recently estimated leakage from the older ash pond to be as high as one million gallons a day.




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New Mexico is using some of its surplus budget funds, primarily from oil and gas revenues, to establish the state's first-ever source of recurring funding for conservation efforts.

Known as the Land of Enchantment Legacy Fund, it consists of two $50 million reserves - one to fund existing state programs and another permanent fund managed by the State Investment Council.

Jonathan Hayden, senior policy analyst with Western Resource Advocates, said the funds with allow better stewardship as the state grapples with what's ahead from changing weather patterns "through things like watershed protection, forest restoration, thinning projects, community-resilience projects - all of which will help insulate communities from the worst effects of a dryer and hotter climate."

Monies from the Legacy Fund will also go to outdoor recreation and infrastructure, agriculture and working lands, historic preservation and wildlife protection. With predictable funding in place, the state will also gain access to untapped federal dollars from the Great American Outdoors Act, the Land and Water Conservation Fund and the Inflation Reduction Act.

Hayden said passage of the bill to create the fund was years in the making, as environmental groups and others urged lawmakers to follow Wyoming's lead to create dedicated, recurring funding for conservation.

"All the stars kind-of aligned this year," he said, "and we had the support of our legislators, of our administration, and unity in the conservation community about what programs should be included in this fund."

Following this year's legislative session, Gov. Michelle Lujan Grisham also signed Senate Bill 72, creating the Wildlife Corridors Action Plan. It will fund 11 high-priority safe passage projects around the state designed to reduce wildlife-vehicle collisions and restore habitat connectivity.

April is Earth Month, and for many climate scientists and advocates across the world, it's a time to raise environmental awareness.

In Arizona, a group called Science Moms wants families to know about new rebates and tax credits available to them through landmark federal clean energy laws.

Joellen Russell, professor of geosciences at the University of Arizona and co-founder of Science Moms, said many are still not aware of the tools at their disposal or the reasons why they should make the switch to cleaner energy.

"So by talking to moms honestly about how dirty energy harms our kids' health, and how switching to clean energy is an act of 'mom love,' we can help ensure this record investment in fighting climate change and cleaning our air is put to good use," Russell explained.

Russell added dirty energy causes many adverse health effects, especially for children. She pointed out recently passed federal climate laws have now allocated billions of dollars toward making clean energy more affordable. She encouraged families to take advantage of the rebates and tax credits to purchase products like heat pumps, which she noted are a clean way to heat and cool your house while significantly slashing your utility bill and reducing air pollution.

As a professional and a mom herself, Russell said she understands moms are always busy, but still encouraged families to take action.

She urged people to not "give in to climate despair." Russell emphasized the United States has dropped more than 20% off its peak carbon emissions since 2007, and added the U.S. is the fastest-reducing country in the world while simultaneously growing our economy and population.

She stressed federal dollars will only help accelerate the decrease in carbon emissions.

"If we keep on the trajectory we are on right now we'll have cut 50% by 2032," Russell asserted. "And we will have dropped from 22% of global emissions to 6%. Not only is there hope, we are leading the way here in the U.S. and here in Arizona."

Russell also urged parents to engage with local schools and let them know electric school buses will cut toxic fumes emitted from diesel buses and suggested starting conversations about cleaner energy with family and friends in-person and on social media.


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The U.S. Army Corps of Engineers has announced an 18-month delay in permitting a controversial oil-tunnel construction project under the Great Lakes.

Federal engineers said they need the extra time to study the massive volume of public comments submitted about the project.

Sean McBrearty, campaign coordinator for the conservation group Oil and Water Don't Mix, said the delay will push builder Enbridge's Line 5 project well beyond its original timeline.

"This was entirely predictable," McBrearty asserted. "From the beginning, Oil and Water Don't Mix, and our allies have been saying that this is going to take a lot longer than what Enbridge was trying to sell, and that likely this project will not be able to be permitted."

Line 5 is a pair of aging oil pipelines under the Mackinac Straits Enbridge wants to replace with an underground tunnel. Conservation groups oppose the project over its potential to damage the environment. A spokesman said Enbridge is "disappointed with the delay."

McBrearty emphasized environmental groups want the pipeline closed down, predicting a leak or a break under the lakes could bring damage which could last a generation or longer. He added many experts question the safety of building an underwater oil tunnel.

"We have a 70-year-old pipeline pumping 23 million gallons of oil a day, through the worst spot in the Great Lakes for an oil spill," McBrearty pointed out. "The oil tunnel may never exist, but the pipeline sitting at the bottom of the Straits of Mackinaw does exist."

A coalition of Michigan conservation groups, Native American tribes and elected officials are pushing the Biden administration to shut down the current pipeline. The original timeline for completing of the tunnel project, which could cost $2 billion, was 2024, but if it is built, it will won't be completed until 2029.