Office of the
Illinois Attorney General
Kwame Raoul

Chicago — Attorney General Kwame Raoul led fellow attorneys general in opposing two U.S. Environmental Protection Agency (EPA) proposals to weaken or rescind important regulations on coal ash, a toxic waste that is left over after burning coal at power plants. Coal ash, also referred to as coal combustion residuals, contains dangerous chemicals, including lead, arsenic and mercury, which can leach into groundwater near ash ponds or flow into nearby surface water when ash ponds overflow or via groundwater when ash ponds leak. These chemicals pose numerous dangers to human health, including cancer, cardiovascular effects and neurological effects.

“Illinois is especially at risk if regulations on coal ash are weakened due to the large number of coal ash ponds and landfills in neighboring states,” Raoul said. “I’m calling on the Trump administration to abandon these dangerous policy changes that would put our water, our health and the environment in jeopardy. I will continue to work with my fellow attorneys general to advocate for strong environmental protections and oppose the Trump administration’s attempts to undermine or eliminate important regulations.”

In 2024, the EPA adopted regulations for ash ponds at inactive power plants and other previously unregulated sites called coal combustion residuals management units. The Trump administration recently proposed a new rule that would relax requirements for legacy ash ponds and entirely exempt management units from federal regulation.

In their comment letter submitted today to the EPA, Raoul and a coalition of attorneys general call on the agency to preserve strong national standards that protect human health and the environment. The coalition notes that state regulations on coal ash are not uniform, and some states with coal ash ponds or landfills near their borders have weaker regulations, potentially threatening the waters of neighboring states. They warn that the proposed rule change ignores the environmental risk posed by massive quantities of coal ash and leaves states with the administrative burden of filling the gaps left by federal rules that get rescinded.

The attorneys general argue that the EPA’s proposal violates the Resource Conservation and Recovery Act, which requires the agency to set national criteria for disposal of coal ash that protect public health and the environment.

In addition to today’s comment letter, Raoul led a coalition of attorneys general in submitting comments earlier this month opposing another proposed rule change that would rescind regulations protecting water from coal ash contamination.

Rainwater can pick up toxic metals from coal ash, leak from ash ponds into groundwater, which can then contaminate lakes and rivers. In 2024, the EPA adopted regulations under the Clean Water Act requiring that coal plants capture and treat this wastewater, removing toxic components before they can be discharged into rivers and lakes. In their comment letter, the attorneys general note the dangers to public health and the environment posed by this form of pollution.

The letter cites the EPA’s own risk assessment that found living near ash ponds and unlined ash landfills increases the risk of damage to the liver, kidney, lungs and other organs due to exposure to toxic metals like cadmium, cobalt, lead, thallium and other pollutants at concentrations far above levels that are considered safe. The assessment found that risks to infants are particularly acute. The letter also notes that the EPA found that contamination from coal ash can accumulate in fish and contaminate drinking water with consequences including cancer, cardiovascular disease, neurological disorders, kidney and liver damage, and lowered IQs in children.

The attorneys general argue that the proposed rule change violates the Clean Water Act, which requires the adoption of continually stronger technology standards for reducing toxic pollution that leaks from coal ash impoundments into waterways.

These letters are the latest actions in Raoul’s ongoing work to protect the environment, advance clean energy solutions, and sound the alarm about the Trump administration’s unprecedented attempts to illegally dismantle programs and rescind regulations that protect clean air, clean water, clean energy, the climate, and public health and safety. Read more about those efforts here.

Joining Raoul in submitting today's comment letter are the attorneys general of Arizona, Colorado, Delaware, Maryland, Minnesota, New Mexico, and Vermont.

Joining Raoul in submitting the comment letter earlier this month are the attorneys general of Arizona, Colorado, Delaware, the District of Columbia, Maryland, Michigan, Minnesota, and New Mexico.