The Environmental Journal of Southern Appalachia

Displaying items by tag: southern environmental law center

Cheatham1 scaled 1 2048x1522 Nanette Mahler, left, and Tracy O’Neill walk along Macon Wall Road in Cheatham County, Tennessee, near the site of a proposed Tennessee Valley Authority gas power plant project. Local backlash against the proposal comes as the federal utility faces bipartisan legislation in Congress seeking to boost transparency in its planning process and scrutiny of TVA’s anemic renewable power growth compared to other utilities. Robert Zullo/States Newsroom

TVA ‘clearly a laggard’ in renewable energy

This article was originally published by Tennessee Lookout.

ASHLAND CITY — When he heard about the sale, Kerry McCarver was perplexed.

In 2020, the mayor of rural Cheatham County discovered that the Tennessee Valley Authority bought about 280 acres of rolling farmland “in the middle of nowhere” in his county, which lies just west of Nashville and is home to about 42,000 people.

He asked another county official who formerly worked for the TVA, the nation’s largest public power company, to find out what it planned to do with the land.

The answer they got was “future use,” and they speculated a solar farm might be in the works.

“It’s kind of the last we thought about it,” McCarver said during an interview in his office in May. “Then a year ago last summer, TVA called here needing a place to have a public meeting.”

The authority was now proposing a 900-megawatt natural gas-fired power plant, battery storage, pipelines and other associated infrastructure for the site, which came as a shock to McCarver and many other locals who felt it was wholly inappropriate for the area. 

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IMG 4356cave1 IMGCenturyThe limestone cliffs and bluffs of Ijams Nature Center is home to the Berry Cave salamander. The cave is very hard to find, is gated, and entry is forbidden to protect both the salamander and bat populations.  Thomas Fraser/Hellbender Press

Huge salamander, subject of ESA lawsuit, calls Knox County caves home

KNOXVILLE — The Berry Cave salamander may be the largest cave-dwelling amphibian in North America, but only a handful of people have ever caught a glance of one in its native habitat. 

Even John Nolt, a local expert on environmental ethics who has a special connection to the rare salamander, doesn’t know for sure whether he’s seen one of the elusive amphibians. The salamander is native to only a handful of caves in Knoxville and Roane and McMinn counties.

But that hasn’t stopped the retired University of Tennessee professor from lending his name to a decades-long effort to have the colorful critter declared an endangered species. 

“In the 1990s, I went caving several times in Mead’s Quarry Cave and occasionally saw a salamander or two that seemed to fit the description of the Berry Cave salamander, so I think I've seen them, but not being an expert herpetologist, I can't be completely sure,” Nolt wrote in an email exchange about the creature.

(Nolt is a founding member and former president of the Foundation for Global Sustainability, which serves as the nonprofit umbrella for Hellbender Press).

“The cave itself is interesting,” he continued. “A permanent stream runs through it. Usually the water is shallow but marks on the walls suggest that it can become deep and dangerous in a heavy rain. Some way back in the cave is a remarkable white stalagmite formed by water dripping from the ceiling.”

The cave described by Nolt is one of only nine in the whole world (all of them near Knoxville) where the giant salamander is believed to live, and experts say the population has been dwindling for years. The gated cave, within a relatively remote section of Ijams Nature Center, is very difficult to find and any unauthorized visit could jeopardize the salamander population.

IMG 4335 sign IMGCenturyHayworth Hollow in the forest of Ijams Nature Center once featured an active quarry. The limestone caves of the area are home to bats and a salamander species that is the the center of an Endangered Species Act lawsuit.  Thomas Fraser/Hellbender Press

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Duck River 023 2048x1366 John McEwan, whose family has lived on the banks of the Duck River since the 1860s, skips stones on the Duck River. Environmental groups fear excessive demand is fueling drawdowns that are affecting the rich biodiversity of the Middle Tennessee river.&nsp; Tennessee Lookout/John Partipilo

Long time residents and conservation groups say industry lured by the state, population growth are draining water from a river prized for its biodiversity

This story was originally published by Tennessee Lookout.

COLUMBIA ­­— When Gov. Bill Lee announced the state had lured a General Motors lithium battery supplier to Spring Hill three years ago, it was his largest economic announcement to date:

A $2.6 billion corporate investment; 1,300 new jobs; a major stepstone along Tennessee’s path to become an EV hub — helped along by a then-record $46,000 per job in taxpayer incentives.

The factory deal’s less conspicuous specs — its continuous need for 1.4 million gallons of water per day — is now figuring in a larger battle pitting citizens and conservation groups against state environmental regulators.

Last month, the Tennessee Department of Environment and Conservation (TDEC) granted permission to Columbia Power and Water Systems — which pumps water to the new Ultium Cells plant — to increase its current withdrawals from the Duck River by 60 percent.

It’s one of eight water companies along the Duck River seeking to dramatically increase water draws to meet rising demands for water in the rapidly growing five-county region southwest of Nashville. 

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p4050031 BerrySalamanderEnvironmental groups are suing the U.S. government to force addition of the Berry Cave salamander to the Endangered Species List. It is one of the largest cave salamanders, and can grow up to 6 inches.  Dr. Matthew Niemiller

50 percent of the known Berry Cave salamander population is in rapidly developing Knox County

KNOXVILLE — The Southern Environmental Law Center, on behalf of the Center for Biological Diversity, sued the U.S. Fish and Wildlife Service on May 7, arguing that the agency violated federal law when it denied Endangered Species Act protections for a rare salamander that is only found in a handful of East Tennessee caves.

The Berry Cave salamander has pink feathery gills, lives its entire life in caves, and can grow to over 9 inches in length — making it the largest cave-dwelling salamander in North America. The salamander is also incredibly rare. Populations have been found in just a small number of isolated caves, and in several of these caves only one salamander has ever been observed.

Unique to our bioregion

“The Berry Cave salamander is found nowhere else on Earth, and its populations are dwindling in the face of rapid development and a changing climate,” said Liz Rasheed, a senior associate attorney at the Southern Environmental Law Center.  “This lawsuit seeks to correct an egregious error that puts this incredible salamander at an even greater risk of extinction.”

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Duck 11 2048x1243A view of the Duck River, Tennessee longest river, from Old Stone Fort in Manchester.  John Partipilo/Tennessee Lookout

The Duck landed third on American Rivers’ list of most endangered rivers in the U.S.

This story was originally published by Tennessee Lookout.

COLUMBIA — The Duck River, which winds through seven Middle Tennessee counties for more than 260 miles before reaching the Tennessee River, is among the most endangered rivers in the United States, according to a new report by the advocacy group American Rivers.

Threatened by population growth, development and climate change “urgent action is needed to safeguard this vital ecosystem,” the report released Tuesday said.

The Duck River serves as the source of drinking water for nearly 250,000 Tennesseans. Industry and agriculture depend on it, too. Often considered one of Tennessee’s most pristine waterways, it draws more than 150,000 people each year for boating, fishing and other recreation. Last year, in an effort to protect the river from a controversial plan to establish a landfill near its banks, state lawmakers designated a portion of the river in Maury County an official state scenic waterway.

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The Southern Environmental Law Center congratulates this year’s Reed Environmental Writing Award winners — Emily Strasser, David Folkenflik, Mario Ariza, and Miranda Green — who all demonstrate the power of writing to capture some of the most important environmental issues facing Southern communities. 

Emily Strasser receives the Reed Award for “Half-Life of a Secret: Reckoning with a Hidden History.” In the book, Strasser examines the toxic legacy of Oak Ridge, Tennessee, one of three secret cities constructed by the Manhattan Project for developing the first atomic bomb. She exposes a suppressed history that forever impacted her family, a community, the nation, and the world. 

David Folkenflik with NPR, and Mario Ariza and Miranda Green with Floodlight, receive the Reed Award for their story, “In the Southeast, power company money flows to news sites that attack their critics.” Their investigation digs into a consulting firm working on behalf of electric utility giants in Alabama and Florida. The team uncovers how money flows from the firm to influence local news sites to push the utilities’ agenda​s​ and attack their critics. 

Everyone is invited to join for a celebration honoring the winners and the 30th anniversary of the Reed Award in person or virtually on March 22 at 5:00 p.m. The in-person event will take place at the CODE Building, located at 225 West Water Street on the Downtown Mall in Charlottesville, VA.

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Skip to main codownload-2.jpg An eastern newt in its juvenile stage in Blacksburg, Virginia. Courtesy SELC.

Salamanders are under siege in a changing world

Salamanders are extraordinary creatures. Some of these astonishing amphibians boast vibrant colors and patterns while two-thirds of all species are lungless and able to breathe through their skin. All salamanders have the remarkable ability to regrow limbs, tails, and even parts of their heart and brain, a rare ability in the animal kingdom. 

More salamander species live in the Appalachians than anywhere else in the world. Fifty-four species of salamander call Virginia home.

Roughly 20 percent of the world’s salamander species can be found in the South

Unfortunately, the impacts of climate change, habitat loss and pollution pose a real danger to these sensitive creatures. Increased temperatures, changing humidity levels, wildfires and droughts wreak havoc on salamanders, which are impacted by even small changes in habitat conditions and are often specialized to small native ranges. 

Southern Environmental Law Center’s work addressing climate change, fighting for clean water, and conservation efforts help protect all kinds of salamanders in the South. To celebrate the Endangered Species Act’s 50th anniversary, they are highlighting some of the endangered and threatened salamanders of our region.

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Climate change mitigation activities at state and city levelsThe Tennessee Valley states (TN, AL, MS) are among the most irresponsible in their languid pondering about climate change mitigation.  Illustration from the 5th National Climate Assessment

Urgent investments in local solutions are needed now more than ever as climate impacts grow across the South

The 5th National Climate Assessment, released this week by the U.S. Government, reports on the current climate trends, impacts and solutions across the country. It underscores the urgency and opportunities for meaningful climate action.

This year, it includes a chapter highlighting how climate is impacting our Southeastern landscape and communities, plus what trends we can expect in the years ahead. 

The report substantiates what we’ve been witnessing on the ground: Extreme heatwaves are already more common, sea level rise is encroaching into coastal communities and throughout the region, we’re seeing more flooding from increasingly unpredictable, volatile storms. According to the report, the country now sees a billion-dollar weather disaster every three weeks on average. In the 1980s, that average was every four months. 

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npr.brightspotcdn.webpThe Impacted Communities Against Wood Pellet Coalition (ICAWP) organized the protest and says the company has been ignoring the concerns of impacted communities while receiving millions of dollars in subsidies and tax breaks from the state.  ICAWP

This week Enviva, which is the world’s largest wood pellet manufacturer, saw its stock price fall by more than 90 percent from its height earlier this year following a grim financial report from the company. The company’s money problems show the massive flaws with the biomass energy industry and are due in part to the company being held accountable for its polluting pellet plants.  

Enviva operates pellet plants across the South. These dirty facilities release huge amounts of air pollution, dust and fine particulates that can cause asthma and respiratory illnesses in nearby communities. The hazardous plants are often times sited near communities of color that are already overburdened with industrial pollution. 

Enviva’s current financial crisis is due in part to the company being forced to internalize the environmental costs of its dirty operations, rather than pushing them off onto nearby communities. SELC, along with community partners across the region, have scored major victories against Enviva and other pellet companies, forcing them to install pollution controls and better protect people living nearby.  

“Enviva’s wood pellet plants have caused long-lasting damage to communities across the South. The company’s financial problems are partially caused by communities standing up and pushing back on this dirty industry,” said Heather Hillaker, Senior Attorney for SELC.

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Ela-Dam_Oconaluftee-River_Erin-McCombs28-1-2048x1536.jpgEla Dam on the Oconaluftee River in Cherokee. The dam is slated for removal to benefit aquatic species and the Eastern Band of the Cherokee Indians.  Erin McCombs

Ela Dam Removal Coalition moving forward after $4 million grant from U.S. Fish and Wildlife to commence river restoration project 

Erin McCombs is the Southeast Conservation Director of American Rivers.

CHEROKEEAmerican Rivers is working with a team on a massive effort to remove the Ela dam and restore the land and Oconaluftee River to its natural condition. Partnering with the Eastern Band of Cherokee Indians (EBCI), American Rivers is part of a coalition of federal, state, public, private, and non-profit organizations that has formed to remove the Ela dam.

Truly a village effort, the Ela Dam Coalition includes the EBCI, American Rivers, Mainspring Conservation Trust, the North Carolina Wildlife Resources Commission, the U.S. Fish and Wildlife Service, the Southern Environmental Law Center, the Environmental Protection Agency, American Whitewater, Swain County, the Army Corps of Engineers, and Northbrook Carolina Hydro II.

“Healthy rivers are essential to all life, and removing a dam is the fastest way to restore a river’s health. We appreciate this initial investment by U.S. Fish and Wildlife Service in  the restoration of the Oconaluftee River. We look forward to working with them to leverage this investment to fully realize this project to revitalize fish and wildlife habitat and restore vital cultural connections. We are grateful to the Eastern Band of Cherokee Indians for their leadership, and for the partnership of Mainspring Conservation Trust,” said Tom Kiernan, American Rivers President and CEO.  

Blocking the Oconaluftee River’s natural flow impacts the aquatic habitats of many native fish, mussels, birds, and other wildlife which require it for sheltering, feeding, reproducing, and thriving in their natural environment. The removal of Ela dam will result in a cultural reconnection of the Oconaluftee River to the Cherokee people and the Qualla Boundary. 

The Oconaluftee River is home to 11 sensitive and rare aquatic species, some of which are only found in a few streams and rivers in western North Carolina, including the federally endangered Appalachian elktoe freshwater mussel, the Sicklefin Redhorse (NC Threatened), and Eastern Hellbender (NC Special Concern). Once complete, 549 miles of the Oconaluftee River watershed will be restored and expand habitat for these species. 

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Tuesday, 07 November 2023 08:17

50th anniversary of the Endangered Species Act

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For decades, the Endangered Species Act has served valuable in preserving species and making our region so unique

Dec. 28 marks the 50th anniversary of the Endangered Species Act — an important legal tool for protecting imperiled Southern species and their habitat. Since its passage in 1973, we’ve seen a nearly 99 percent success rate in preventing the loss of animals and plants protected under the law, including the iconic bald eagle and American alligator.  

The Endangered Species Act establishes protections for fish, wildlife and plants that are listed as threatened or endangered; provides for adding species to and removing them from the list of threatened and endangered species, and for preparing and implementing plans for their recovery; provides for interagency cooperation to avoid take of listed species and for issuing permits for otherwise prohibited activities; provides for cooperation with States, including authorization of financial assistance; and implements the provisions of the Convention on International Trade in Endangered Species of Wild Flora and Fauna.

This bedrock environmental law reminds us there is still more work to do to protect the South’s rich biodiversity — including fighting in court to save at-risk species, advocating for more protective regulations, and defending the Endangered Species Act. 

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10443176025_00a582b883_o-1-scaled.jpgThe historic federal climate legislation known as the Inflation Reduction Act passed last summer. The $7 billion program will help fund rooftop solar projects benefiting communities with lower incomes and provide workforce development enabling millions of households’ access to affordable, resilient, and clean solar energy.  Southern Environmental Law Center

A competitive grant program to bring solar power to people with limited incomes has found huge demand in the South

CHARLOTTESVILLE — Alabama, Georgia, North Carolina, South Carolina, Tennessee and Virginia, as well as other tribal governments, municipalities and nonprofits submitted applications for Solar for All, a new program designed to expand solar access.

“I’m thrilled to see enthusiasm for this funding in Southern states, which have traditionally lagged behind the rest of the country in residential solar while many households struggle to pay their electricity bills,” said Gudrun Thompson, leader of Southern Environmental Law Center’s Energy Program.

Part of the historic federal climate legislation, the Inflation Reduction Act passed last summer, the $7 billion program will fund rooftop solar projects benefiting communities with lower incomes and provide workforce development enabling millions of households’ access to affordable, resilient and clean solar energy and related jobs. These funds have the potential to double the number of rooftop solar customers with 100 percent of cost saving solar, benefiting customers that would not otherwise be able to access solar.  

“This is a generational opportunity to enable low-income households in the South to access affordable, resilient, and clean solar energy,” Thompson said.

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Red Knot Red Knot.  Creative Commons Mark BY-SA 4.0  Chuck Homler 

CHARLESTON — A landmark settlement prohibits horseshoe crab collection on the beaches of more than 30 islands along the South Carolina coast that are established feeding sites for rufa red knots during their annual migration — as well as any harvesting in Cape Romain National Wildlife Refuge — for at least five years.

Every spring, red knots time their 9,300-mile migration from South America to the Canadian Arctic perfectly so they stop on the same beaches of South Carolina at the exact moment horseshoe crabs begin to spawn.

These protein-rich crab eggs are critical for red knots, providing the fuel they need to complete their transpolar journey. This delicate relationship between horseshoe crabs and red knots has developed over millions of years.

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IMG 6655Citizens are objecting to plans to replace the coal boilers at Kingston Fossil Plant with natural gas.  Ben Pounds/Hellbender Press

Solar? Gas? Future of Kingston plant up in the air

KINGSTON — Tennessee Valley Authority is considering whether to go with gas or solar power after it closes the infamous Kingston Fossil Plant in Tennessee.

The plant has stood since 1955 in Roane County. The federal utility plans to close Kingston Fossil plant and is looking at ways to replace the power it generated. It’s asking the public for comments. The utility’s proposals center around replacing the power generated by the plant with either solar generation or natural gas. One option includes replacing the coal-powered plant at the site with a fossil gas plant.

TVA recently proposed to retire three units between 2026 and 2031 and the other six units between 2027 and 2033. Ash spilled from a dike at this plant in 2008. A lawsuit was recently resolved surrounding the health damage to people working on cleaning up the spill. TVA has identified trouble with starting up and shutting down the plant for power generation and technical issues with lower boilers as the reasons for closing the plant, not the spill.

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Dickson County pipeline warning sign of Tennesse Gas Pipeline Company, LLC Warnings posted in Dickson County near Tennessee Gas Pipeline property. John Partipilo/Courtesy Tennessee Lookout

Environmental groups sue Tennessee Valley Authority over proposed new power plant

This story was originally published by Tennessee Lookout.

NASHVILLE — A trio of environmental groups filed suit against the Tennessee Valley Authority, claiming the utility violated federal law by failing to properly evaluate climate, environmental and financial impacts of a proposed new gas-fired plant in Cumberland City, Tennessee.

The lawsuit, filed in a Nashville federal court this month, also claims that TVA quietly inked a deal with an international pipeline company to supply the gas-fired plant, even as it publicly went through the motions of seeking input on alternative sources of power to replace the Cumberland Fossil Plant, its aging coal-fire facility located about 60 miles northwest of Nashville.

The groups are seeking an immediate halt to construction on the gas plant and an order forcing the utility to revise the existing environmental impact study used as the basis for moving forward with the gas-fired plant.

“Our country’s largest utility has gamed the system to fast-track dirty energy projects and that’s why we’re going to court to stop it,” Gaby Sarri-Tobar, a campaigner with the Center for Biological Diversity, said in a statement. “TVA needs to be held accountable for its reckless pursuit of a new fossil gas plant in the midst of the climate emergency.”

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Image of historic Elza Entrance signage

Potential water runoff issues stall future Oak Ridge landfill construction

OAK RIDGE — A landfill intended to hold potentially toxic debris from the demolition of legacy Oak Ridge research facilities is moving forward but construction won’t start until it is definitively determined whether the site could pollute ground and surface water.

As reported previously by Hellbenderpress, environmentalists fear toxins leaking out of the proposed landfill could contaminate waterways and make their way into fish that people might catch downstream. The landfill’s contractor, however, said leaving buildings full of toxic residue standing may be more dangerous for workers and nearby residents and the landfill will help get the buildings quickly demolished. The contractor is doing a mock-up study this year to see how best to handle water issues on the future landfill site.

This summer, the contractor United Cleanup Oak Ridge LLC will choose a subcontractor and do field work. Ben Williams, the Department of Energy’s public affairs specialist, said roads and utilities will need to move to get the site ready at that time. But UCOR stated it won’t build the landfill until after a water study spanning “two wet seasons,” beginning later this year. 

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Snail DarterThe snail darter, which caused an epic battle around TVA plans to dam the Tellico River in the 1970s, was recently removed from the Endangered Species List. Jeremy Monroe/Tennessee Aquarium

The little fish that caused a maelstrom over a TVA dam project gets the last laugh

TELLICO — In a win for endangered species protected by federal law, the U.S. Fish and Wildlife Service announced this week the fabled snail darter’s recovery and removal from the Federal List of Threatened and Endangered Wildlife. 

Native to the Tennessee River watershed in Alabama, Georgia, Mississippi and Tennessee, the fish has long been an Endangered Species Act icon thanks to conservation efforts to save its habitat starting in the 1970s, when the Tennessee Valley Authority proposed construction of a dam on the Little Tennessee River. The snail darter (Percina tanasi) was central in the 1978 U.S. Supreme Court case Tennessee Valley Authority v. Hill, which solidified the scope of the then recently passed ESA. 

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Thursday, 22 September 2022 12:23

Enviros to TVA: Retire the fossil-fuel pacifier

Cumberland FPTVA’s Cumberland Fossil Plant near Clarksville is the subject of a suit filed by environmental groups, including Appalachian Voices and Southern Environmental Law Center.  Tennessee Valley Authority

SELC, others file suit in hopes of dissuading TVA from future fossil options

This story was originally published by Tennessee Lookout.

CLARKSVILLE — On behalf of the Tennessee Chapter of the Sierra Club and Appalachian Voices, the Southern Environmental Law Center asked TVA to prepare a supplemental environmental statement to address concerns with TVA’s draft environmental impact statement, which details the agency’s plans to retire the Cumberland Fossil Plant.

The Cumberland Fossil Plant, about 22 miles southwest of Clarksville, is TVA’s largest coal-fired power station and was built between 1968 and 1973. TVA plans to retire each unit of the two-unit, coal-fired steam-generation plant separately: one unit no later than 2030, and the second unit no later than 2033. But the plant will need to be replaced, and TVA is currently considering three alternatives to fossil fuel, including natural gas and solar energy, according to its draft EIS.

(Tennessee Valley Authority already plans to close down the Knoxville-area Bull Run fossil plant in Claxton next year).

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TVA 4 Cumberland FP

Supreme Court air-pollution ruling calls into stark context all that must be done

This story was originally published by Tennessee Lookout.

KNOXVILLE — The U.S. Supreme Court’s ruling limiting the power of the Environmental Protection Agency to regulate carbon emissions that cause climate change has renewed the spotlight on the Tennessee Valley Authority, the nation’s largest public utility and Tennessee’s primary source of electricity.

The case involved EPA efforts to implement a key provision of the Clean Air Act in a challenge brought by 15 Republican-led states. That provision, which never went into effect, would have required existing power plants to shift from dirty sources of energy — such as coal — to cleaner sources, including solar and wind, as part of an urgent effort to reduce global warming.

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How and why did things go wrong at the EMWMFImage from a 2018 memorandum authored by experts including former Department of Energy employees in Oak Ridge. EMWMF is the present landfill that has a history of failures and is reaching capacity. Ecologists say, after a decade DOE still is not adequately addressing waste acceptance criteria and feasible alternatives.

 

Public can comment in person Tuesday night in Oak Ridge on proposed DOE waste dump

OAK RIDGE — The Southern Environmental Law Center blistered the Department of Energy in a letter ahead of a May 17 hearing on construction of a toxic-waste landfill that opponents said poses contamination threats to portions of the Clinch River watershed and downstream TVA reservoirs.

The hearing is set for 6-8 p.m. Tuesday, May 17 at the Pollard Technology Conference Center, 210 Badger Ave. This email address is being protected from spambots. You need JavaScript enabled to view it. will be accepted through June 7.

The Department of Energy wants to bury contaminated debris from demolition of Manhattan Project-era complexes and associated legacy toxins from the Oak Ridge Reservation. The drawn-out debate about how best to safely store the materials now focuses on the transparency of the decision process and the health of the Bear Creek watershed and downstream pollution threats to the Clinch River. 

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