Alabama
Physicians share concerns over IVF treatments pausing after Alabama court ruling
Dr. Beth Malizia, an Alabama physician, went through 12 years of training to provide patients with fertility care. But the doctor and co-owner of Alabama Fertility says her hands are tied after the Alabama Supreme Court issued a decision that frozen embryos are considered children.
The clinic is one of three facilities in the state that have halted in vitro fertilization (IVF) treatments amid concerns that their practices could run into legal troubles.
“Patients come first. That’s what we’re taught all the way through from the time we decide to go into medicine, and this is a decision that sort of takes that away from us,” Malizia said.
“The counsel, our lab director and all the physicians at Alabama Fertility have struggled with this for many hours and some made some really, really hard phone calls over the last couple of days,” said Malizia.
The clinic has paused all frozen embryo transfers, but will continue new patient visits, other standard fertility care, surgeries and continue care for patients currently on medications who are in the middle of a cycle, Malizia said.
Making calls to patients whose treatment the clinic paused has been “absolutely horrible” and “heart-wrenching,” she said.
Dr. Beth Malizia is interviewed by ABC News’ Elizabeth Schulze.
ABC News
In the ruling, the court said it would open door to civil and potentially criminal lawsuits over the mishandling of embryos. Physicians like Malizia say they are now fearful they could face wrongful death lawsuits — or potentially criminal charges — for discarding unused embryos, a routine part of IVF, or unintentionally mishandling embryos.
The ruling came as part of a lawsuit filed by couples whose embryos were destroyed after a patient wandered into a fertility clinic and dropped them. The couples tried to file a wrongful death suit, but a lower court had thrown out the case. The state Supreme Court then reversed that decision and set a new precedent that embryos are children.
In a concurring opinion, Alabama Chief Justice Tom Parker – who has a long record of issuing anti-abortion opinions – cited Scripture, writing that “human life cannot be wrongfully destroyed without incurring the wrath of a holy God.”
Among the three fertility providers that suspended IVF treatment is the state’s largest healthcare system, UAB Hospital. Four remaining providers have not suspended IVF treatment.
“We are in a position where we just don’t know what the legal ramifications are of an embryo that gets thawed. Embryos don’t always survive [transfer],” Malizia said.
Signs of more clarity began to surface on Friday, after a week of pushback on the ruling from families trying to conceive through IVF and an outpouring of criticism, particularly from Democrats and moderate Republicans.
Alabama Fertility, an IVF clinic, is shown in Birmingham, Alabama, on Feb. 23, 2024.
Dustin Chambers/Reuters
Alabama Attorney General Steve Marshall, the state’s top law enforcement official, said he has no intention of “using the recent Alabama Supreme Court decision as a basis for prosecuting IVF families or providers,” the office’s Chief Counsel Katherin Robertson said in a statement Friday.
Alabama Governor Kay Ivey also said Friday that she’s “working on a solution” with Republican colleagues in the House and Senate to pass legislation that would guard IVF treatments in the state.
“Following the ruling from the Alabama Supreme Court, I said that in our state, we work to foster a culture of life. This certainly includes some couples hoping and praying to be parents who utilize IVF,” Governor Kay Ivey said in a statement to ABC News.
But the legal ruling has shown the fragility of IVF treatment in a post-Roe vs. Wade America, where the debate over when life begins has led many abortion rights advocates to speculate that IVF could become collateral damage.
Some physicians could be deterred from working in fertility in Alabama, said Sean Tipton, chief advocacy and policy officer at the American Society for Reproductive Medicine.
Tipon said physicians in the state are scared. “They are also angry, which is understandable, and they are also tremendously sad for their patients, in part because they don’t know what to tell their patients,” said Tipton.
“Just imagine being a physician who you’ve built your career on being able to help these people have babies, and you spend a lot of time reassuring, explaining, helping them understand and feel better about the process they’re going through — and now you can offer none of that,” Tipton said of physicians.
In this Dec. 20. 2017, file photo, nitrogen tanks holding tens of thousands of frozen embryos and eggs sit in the embryology lab at New Hope Fertility Center in New York.
The Washington Post via Getty Images, FILE
The fallout from the court ruling could spread beyond IVF treatment, Tipton said.
“I think the first impact with physicians is going to be young physicians choosing not to go there for their training. [And] University of Alabama Birmingham is one of the top public medical schools in the country,” Tipton said.
Tipton said the decision and risk of being sued could also discourage other medical workers, including nurses, from working in fertility clinics in the state; they would likely consider working in other specialties or even leaving the state.
Tipton heavily criticized the decision and its consequences.
“It absolutely makes no sense that people who loudly proclaim themselves to be ‘pro-life’ somehow oppose the use of what is the most ‘pro-life’ medical procedure there is out there. The only thing that in vitro fertilization does is help people have children,” Tipton said.
Patients struggle with news IVF has been paused
Patients interviewed by ABC News shared their heartbreak and concerns over not being able to continue their IVF treatments. For fertility patients in Alabama looking to start or expand their families, the past week has brought a lot of sudden changes to the carefully laid plans often required by the IVF process.
Gabbie Price, 26, and her husband have been financially planning to begin IVF for over a year, downsizing from a house to a camper van to cut costs and getting a new job because of the fertility benefits.
But their plan to start treatment in March has been halted by the ruling. Price said they’re now exploring options out-of-state because even if they found a clinic in Alabama to handle her care, she would be concerned about the potential liabilities.
“I’m terrified to have embryos here,” Price said at her home in Leeds, Alabama.
“I don’t know what that’s gonna look like, I don’t know what sort of rights we’re going to have over the embryos that we create,” she said.
Alabama IVP patient Gabby Price is interviewed by ABC News’ Elizabeth Schulze.
ABC News
Tucker Legerski and his wife, who live in nearby Tuscaloosa, Alabama, have been trying to have children since they got married in 2021. They began IVF about a year ago.
Their first embryo transfer ended with a miscarriage at eight weeks.
They were planning their second embryo transfer for some time in April, but the court decision upended their plans.
“Those embryos are our best hope for making kids right now. So that’s what hurts the most, I think,” Legerski said.
“If we aren’t able to use those embryos, then we have a much lower chance of having children,” Legerski said.
Angela Granger, 41, a Georgia resident who traveled to Alabama for IVF treatment to conceive her son, told ABC News she turned to the procedure after an ectopic pregnancy almost cost her one of her fallopian tubes.
Granger, who delivered her son in May 2021, and has been hoping to add another child to her family, decided after the state Supreme Court ruling that she wouldn’t pursue IVF in Alabama. While encouraged by lawmakers who say they will take action to protect the procedure, Granger said she needs to see legislation “in writing” before she is comfortable enough to undergo treatment or even store embryos there.
On Thursday, she was offered a job nearly 2,000 miles west, in Las Vegas, Nevada. She accepted.
“A big part of that is to get out of the south. If I wanted to really push and wait, I’m sure I could find a job down here. But this is just too much. I take it as a sign,” Granger said.
Alabama
The Ty Simpson Conversation Alabama Can’t Ignore
In the aftermath of Alabama’s embarrassing Rose Bowl loss, one of the loudest and most important conversations surrounding the program isn’t just about the offensive line, the play-calling, or the defensive breakdowns. It’s about Ty Simpson, and what comes next for him.
Tom Loy of 247Sports recently added serious fuel to that conversation when he said:
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“If Ty Simpson gets a first-round grade, he’s gone to the NFL. If not, keep an eye on Tennessee and Oregon.”
That’s a big deal. And it’s a conversation worth having.
At this point, there are three realistic paths in front of Simpson: return to Alabama, enter the NFL Draft, or transfer. After the Rose Bowl performance and the questions it raised, nothing feels guaranteed anymore.
The idea of Simpson potentially leaving Alabama is shocking, especially the Oregon part. Tennessee makes some sense. They’ve built a reputation for developing quarterbacks, playing fast, and creating offensive systems that highlight strengths. But Oregon? That hits different. Tennessee is home. Well, at least for Ty. After all, he’s from Martin, Tennessee. And he actually almost chose to go to play for the Volunteers before committing to the Crimson Tide.
The Vols have familiarity, comfort, and a system that could give Simpson the keys immediately.
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That alone makes the possibility unsettling for Alabama fans.
Still, before anyone panics, it’s important to zoom out and look at the bigger picture.
Ty Simpson finished the season completing 305 of 473 passes for 3,567 yards, 28 touchdowns, and just five interceptions. Statistically, that’s a strong season. It shows efficiency, decision-making, and growth, even amidst inconsistency. But the Rose Bowl exposed something numbers don’t always tell, the need for experience, command, and comfort under pressure.
That’s where an interesting comparison comes into play: Jalen Hurts.
Like Simpson, Hurts once faced uncertainty at Alabama.
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Like Simpson, he had to make a decision about his future when the situation wasn’t crystal clear.
Hurts chose to leave with the blessing of Nick Saban, transferred to Oklahoma, and had a phenomenal season. That single year of experience, tape, and confidence skyrocketed his draft stock and reshaped his NFL future.
Maybe, just maybe, that same path could exist for Ty Simpson.
That doesn’t necessarily mean Alabama has already lost him.
In fact, one could argue the best thing for Simpson might be another year as a starter, whether that’s in Tuscaloosa or elsewhere.
Quarterbacks don’t just need talent; they need reps, adversity, and film that shows growth. One more season of full command, especially behind a stronger offensive line and a more stable system, could change everything.
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As for the NFL, the message from Tom Loy is clear: if Simpson hears “first-round,” he’s gone.
And he should be.
You don’t pass up that opportunity.
But if the grade comes back lower, returning, or transferring, becomes a smart business decision, not an emotional one.
Right now, nothing is decided.
But the fact that Tennessee and Oregon are even being mentioned tells you how real this situation is. The transfer portal has changed the game of college football, and now, and players like Ty Simpson now have leverage, options, and choices.
The Ty Simpson conversation isn’t just about one quarterback.
It’s about where Alabama football is headed, and how quickly things can change.
Alabama
How Alabama Power Has Left the ‘American Amazon’ at Risk – Inside Climate News
Wired for Profit: Third in a series about Alabama Power’s influence over electric rates, renewable energy, pollution and politics in the Yellowhammer State.
BUCKS, Ala.—South Alabama is where it all washes out.
Here, in the nation’s second-largest delta, the waters of the Deep South wind through the pines and cypresses of the Yellowhammer State, snaking their way into Mobile Bay and on to the Gulf. Among the most biodiverse regions in the country, the Mobile-Tensaw Delta drains 44,000 square miles of Alabama, Georgia and Mississippi. It’s where the rivers—the Mobile, Tensaw, Blakely, Apalachee, Middle and Spanish Rivers—meet in land dubbed the “American Amazon” by E.O. Wilson, a renowned naturalist born in the state.
The Delta’s history is America’s. At its heart are the island mounds of Bottle Creek, the “principal political and religious center” for the Indigenous Pensacola culture for 300 years before European contact.
About a dozen miles south, beneath the surface of the Mobile River’s muddy waters, lies the wreckage of the Clotilda, widely regarded as the last slave ship to enter the United States. And farther south, still, the Mobile River empties into Mobile Bay, itself a veritable biodiversity hotspot and the cornerstone of a vibrant coastal culture and ecosystem.
But all of that, many residents, experts and environmentalists say, is at risk, because of Alabama Power’s coal ash waste, a toxic leftover from decades of burning coal for electricity.
One 600-acre pit of the toxic coal ash lies along the banks of the Mobile River in the Upper Delta, about 25 miles north of Mobile Bay. There, smokestacks from the James M. Barry Electric Generating Plant rise like a sore thumb from a horizon of green, towering over an unlined pond filled with more than 21 million tons of the toxic residue. Holding back the toxic waste from the Mobile River? Earthen dikes.
Alyson Tucker, media relations manager for Alabama Power, one of the nation’s most profitable electric utilities and one of the state’s most powerful companies, said in an email that the company “remains committed to operating in full compliance with environmental regulations. Our plans for closure and groundwater protection fully comply with current state and federal law, are approved by [the Alabama Department of Environmental Management] and are certified by professional engineers.”
“Due to ongoing litigation related to Plant Barry coal ash, we are unable to comment further at this time,” Tucker said.
Leaving coal waste in place under engineered caps, company representatives have long argued, is safe and protective of groundwater—claims that state regulators have accepted but both environmental groups and federal regulators dispute.
Alabama’s American Amazon isn’t the only area placed at risk by Alabama Power’s ghosts of energy past. An Inside Climate News review of the utility’s legally mandated emergency action plans shows that hundreds of square miles of land and waterways would be at risk of inundation in the event of a breach of the barriers holding back toxic waste at its six coal ash pond sites across the state. In total, more than 117 million tons of coal sludge are at issue, stored along Alabama’s waterways.
What to do with all that polluted material has become a controversial question, with federal and state officials at odds over the issue. In 2015, the federal government finalized a rule tightening restriction around how coal waste could be stored. EPA left implementation of the new standards to states, but in May 2024, the agency denied the state of Alabama’s plan to allow Alabama Power and other utilities to continue storing toxic coal ash in unlined pits at sites across the state. Federal officials said the plan would not adequately protect the state’s groundwater from contamination by coal ash residuals following “cap-in-place” closure.
“Under federal regulations, coal ash units cannot be closed in a way that allows coal ash to continue to spread contamination in groundwater after closure. In contrast, Alabama’s permit program does not require that groundwater contamination be adequately addressed during the closure of these coal ash units,” the decision said.
“The delta is an elegant labyrinth, full of bayous and sloughs and backwaters. If it is flooded with ash, it would be polluting forever.”
— Cade Kistler, Mobile Baykeeper
More than a year after the EPA denied Alabama’s coal ash plan, with the Trump administration now running the federal environmental agency, it’s unclear what comes next for the toxic ponds and the government’s now decade-old effort to safely close them.
But one thing is certain, according to Cade Kistler, who leads Mobile Baykeeper, an environmental nonprofit currently in litigation with Alabama Power over the coal ash lagoon at Plant Barry. Until the toxic leftovers of the company’s fossil fuel commitments are moved out of groundwater and away from waterways, the delta and Mobile Bay are an Eden on the edge of disaster.
“The delta is an elegant labyrinth, full of bayous and sloughs and backwaters. If it is flooded with ash, it would be polluting forever,” Kistler said. “There would be no way to effectively clean it up.”
The Costs of Kingston
The failure of a dirt dike at a coal ash pond isn’t theoretical. In 2008, a coal ash impoundment in Kingston, Tennessee, breached, spilling more than a billion gallons of toxic sludge across 300 acres of land and into the Emory River channel. The result was one of the largest environmental disasters in U.S. history. The spill cost the Tennessee Valley Authority (TVA), which owned the coal impoundment, over $1 billion to clean up. Ten years after the spill, dozens of the roughly 900 workers employed during the cleanup were already dead. More than 250 were chronically ill. According to the EPA, coal ash contains heavy metal contaminants like mercury, cadmium and arsenic known to cause cancer and other serious effects on the nervous system, heart, kidneys and development.
Both Alabama Power’s own groundwater monitoring reports and measurements taken by researchers from the Mobile River adjacent to Plant Barry confirm heavy metal contamination at the site.
“We identified a significant contribution of toxic metals linked to coal ash near Sister’s Creek, the man-made cooling discharge channel of Plant Barry, particularly during the dry season,” one 2025 study by scientists at the University of Alabama and Texas A&M Universities concluded. The peer-reviewed paper also pointed to the impacts of climate change as another reason to be wary of Alabama Power’s storage of coal ash on waterways.
“There is a plausible concern for acute and chronic toxic metals environmental pollution from the Alabama ash pond, considering rising seawater levels and more frequent severe storm surges in the region since its initial construction,” the study said.
The volume of coal ash material stored at Plant Barry alone is more than four times that of the sludge that spilled in Kingston in 2008, according to company figures. That fact alone should worry anyone concerned about Alabama’s environment, said Diane Thomas, one of three self-proclaimed “coal ash grannies” featured in a new documentary about Plant Barry’s coal lagoons, Sallie’s Ashes.
Thomas spent three decades living on the eastern shore of Mobile Bay.
“I have kayaked and sailed,” she said. “I swam. I crabbed. I fished. My love for the bay and what you can do on the bay runs deep.”
It was an easy “yes,” then, when her decades-long friend Sallie Smith asked Thomas and another friend, Savan Wilson, to help her fight against Alabama Power’s plans to leave coal ash beside the Mobile River. Smith had been diagnosed with terminal cancer and felt she needed to spend her remaining time advocating to protect the bay she’d grown to adore. The trio founded the Coal Ash Action Group, a grassroots organization committed to educating Alabamians about an issue unknown to many.
Thomas, a retired clinical psychologist, said it’s easy to fight for something so dear to so many. For decades, the delta and the bay have been an integral part of her family’s lives.


She smiled as she recalled her first jubilee, a naturally occurring event where low oxygen levels in Mobile Bay cause marine life to flee toward shore.
“There is nothing like catching your own crabs,” Thomas said. “Have you ever cleaned 200 crabs? Your thumbs are just raw.”
After her husband was diagnosed with stage four lung cancer, no longer able to work, he began to fish almost daily. With aggressive treatment, he survived the disease.
“We ate fresh fish for about eight years—four times a week,” Thomas said.
That type of close connection with the water is something Thomas feels shouldn’t be put at risk unnecessarily by an electric utility.
“A Knife to Your Throat”
Alabama Power’s legally-mandated emergency action plan for Plant Barry shows that if earthen dikes separating the coal ash from the Mobile River were to breach, around 25 square miles of the Mobile-Tensaw Delta would be inundated with coal slurry, covering dozens of miles of the Mobile, Middle and Tensaw Rivers, just upstream of Mobile Bay. From there, the toxic sludge would diffuse throughout the region, with the state’s rivers acting as a heart, pumping the liquid farther and farther from Plant Barry.
“But instead of lifeblood, it’s pumping coal waste that would kill the environment,” Thomas said.
David Bronner, the prominent CEO of the Retirement Systems of Alabama, recently called Plant Barry’s coal ash pond “a huge environmental bomb” in a newsletter sent to state retirees.
“We need your cooperation again for South Alabama,” Bronner wrote in an open appeal to Alabama’s congressional delegation. “Not for new jobs, but for solving an old problem that still exists. That problem hangs over all of Alabama, like a knife to your throat: the coal ash dump that sits next to Mobile Bay. No one should forget what the Tennessee coal ash dump did to that state. A breach of the Mobile site would clearly damage Mobile Bay for decades.”
Thomas believes Bronner’s assessment is on target.


Cade Kistler, Mobile’s Baykeeper, said it’s important to remember that environmental harm can lead to economic pain, too, for individuals and businesses alike.
“There would be a huge impact on the people that want to fish in Mobile Bay and use it for their livelihoods,” he said. “And there are also those people that live on its shores—a lot of beautiful homes and properties. Those Zillow listings won’t look quite so good if a coal ash breach occurs.”
Kistler also pointed out that BP’s 2010 Deepwater Horizon oil spill, which crippled the Gulf Coast environmentally and economically, involved about 134 million gallons of oil, 20 times less than the volume of coal slurry disposed of at Plant Barry. Those who lived through the aftermath of the oil spill on the Gulf Coast remember the deep impact it had on coastal communities.
A coal ash breach could be even worse, Thomas said.
“If a breach occurred, we would be the most industrially polluted site in the nation, and we know that pollution wouldn’t just go away,” she said.
That’s why she and Wilson have committed themselves to informing others across the state about the dangers of the waste, something they now do in memory of Smith, who died of cancer in October 2023.
“Sallie’s focus was on connecting people in search of our common humanity, and in seeking to deepen our understanding and compassion for one another,” her obituary read. “This ardent effort was an outgrowth and demonstration of her deep faith. She loved her family, Mobile Bay, country music, her many friends, including her hiking group of intrepid college friends, and all God’s people.”
“Pray We Don’t Have a Hurricane”
While there’s still much to be done to contain the coal ash threat, Thomas said, there have been at least some glimmers of hope. In early 2024, Alabama Power confirmed a plan to contract a company called Eco Materials to remove and recycle some of the coal waste stored at Plant Barry.
Since then, however, there has been little in the way of substantive public updates about the project, which company officials previously said would begin recycling coal ash into construction materials like concrete in January 2026. In response to an inquiry from Inside Climate News, a representative for Alabama Power said the recycling facility is “expected to be in service by early 2026.”
Eco Materials was acquired by materials company CRH in July 2025, according to an announcement. Neither Eco Materials nor CRH responded to a request for a detailed update on the recycling plans.
Still, Thomas said that even the conception of a plan is a step in the right direction.
“We need to recycle as much as possible and just pray we don’t have a hurricane,” she said.
Kistler said he fears just that. An extreme weather event or other emergency could leave a world-renowned environmental gem drowned in polluted sludge.
Alabama Power’s emergency action plans, bare-bones documents required by federal law, provide only limited information about what could occur if a breach happened at its coal ash sites across the state. The documents also provide little real-world information about how the company would approach mitigation, clean up and remediation.
Regarding extreme weather, the 39-page emergency plan for Plant Barry mentions only that if severe weather causes road closures during an emergency dam breach, company response times may be delayed. Despite Plant Barry’s location in south Alabama, the word “hurricane” does not appear in the emergency action plan.
“It’s foolhardy,” Kistler said. “There needs to be more detail.”
Regulators have agreed. In January 2023, the EPA issued Alabama Power a notice of potential violation informing the company that, in the agency’s view, it had violated federal regulations because its groundwater monitoring program and emergency action plan were not adequate.
The agency settled that dispute with Alabama Power in 2024 when the company agreed to “evaluate and expand its groundwater monitoring program at Plant Barry, to review and upgrade its Emergency Action Plan, and to pay a civil penalty of $278,000,” according to the EPA.
More than a year later, a representative of the utility told members of Alabama’s Public Service Commission that an updated emergency action plan is still in the works.
“The emergency action plan will be modified to include additional wording and descriptions to clarify the company’s preparedness for extreme weather conditions,” Dustin Brooks, land compliance manager for Alabama Power, told commissioners on Dec. 9.
“I just hope that outside this public document, they’ve got better plans somewhere,” Kistler said.
A previously available copy of the EPA’s settlement agreement with Alabama Power has been removed from the agency’s website, though the press release announcing the agreement remains. “This Initiative is needed given the breadth and scope of observed noncompliance with the federal coal ash regulations,” the agency said.
An executive of Alabama Power, which owns most of the state’s coal ash units, claimed at a September 2023 EPA hearing that the utility’s storage ponds are “structurally sound.” Susan Comensky, Alabama Power’s then-vice president of environmental affairs, told EPA officials that allowing the company to “cap” coal ash waste in place, even in unlined pits, will not present significant risks to human or environmental health.
“Even today, before closure is complete, we know of no impact to any source of drinking water at or around any Alabama Power ash pond,” Comensky said at the time.




However, Alabama Power has been repeatedly fined for leaking coal ash waste into groundwater.
In 2019, the Alabama Department of Environmental Management (ADEM) fined the utility $250,000 after groundwater monitoring at a disposal site on the Coosa River in Gadsden showed elevated levels of arsenic and radium, according to regulatory documents.
In 2018, ADEM fined Alabama Power a total of $1.25 million for groundwater contamination, records show. In its order issuing the fine, the agency cited the utility’s own groundwater testing data, which showed elevated levels of arsenic, lead, selenium and beryllium.
Plant Barry is just one of Alabama Power’s six plant sites across the state that store coal ash. In all, the slurry lagoons cover a footprint of around 2,000 acres and pose unique risks to groundwater and waterways around them.
A now capped-in-place coal ash impoundment at Plant Gadsden, for example, is still contaminating groundwater more than seven years after its closure, according to Alabama Power’s groundwater monitoring reports and a lawsuit filed against the utility by Coosa Riverkeeper, an environmental nonprofit.
“The citizens of Gadsden and folks who depend on Neely Henry Lake deserve so much better than Alabama Power’s legacy of pollution,” Justinn Overton, executive director and riverkeeper at Coosa Riverkeeper, said in a news release after the lawsuit was filed. “Drinking water supply, booming ecotourism, and hard-working Alabamians are all threatened by Alabama Power’s recklessness.”
In a motion to dismiss the lawsuit over groundwater contamination at Plant Gadsden, lawyers for Alabama Power emphasized that state regulators approved the company’s plans for coal ash waste at the site.
When groundwater monitoring identified elevated levels of contaminants, the lawyers wrote, “Alabama Power worked with professional engineers and the public to design and implement a corrective action program to address those exceedances—a program certified as compliant with the federal CCR rule and that will continue as part of ‘post-closure care.’”
While the suit should be dismissed due to an expired statute of limitations, Alabama Power’s attorneys argued, the court should also decline to second guess the decision of state regulators to approve the company’s actions.
“[Coosa Riverkeeper] asks the Court to turn back the clock, to before 2020, to second-guess the groundwater monitoring system and closure decisions—work completed long ago, approved by state regulators, and certified by professional engineers as compliant,” the motion said.
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Plants Barry, Gorgas, Greene County and Miller have been designated as having “significant hazard potential” under federal law. Plant Gaston, located near the town of Wilsonville in Shelby County, has been designated as having “high hazard potential.”
Following an emergency dam break at that site, which the company deems “unlikely,” Alabama Power’s initial hazard potential assessment concluded that “water and [coal ash] could potentially impact the residential neighborhood to the west, and the Coosa River to the south…failure or misoperation of the [coal ash] unit could potentially result in a loss of human life.”
Kistler said that it’s notable that Alabama Power is unique among southern utilities in leaving all of its coal waste in unlined pits along waterways. Georgia Power, another subsidiary of Southern Company, has already shifted toward more appropriate disposal of at least some of its coal ash in lined landfills. It’s not a question then, Kistler said, of whether Alabama Power can do the same. It’s only a question of if it will.
“It feels like we’re paying premium prices, and we’re getting bargain-bin environmental protections,” he said, making a reference to Alabama Power’s highest average residential electric bills in the nation. “If Georgia can do it, why not us?”
A Coal Legacy and a Fossil-Fueled Future
Barry Brock, with the Southern Environmental Law Center, is part of the team of lawyers suing Alabama Power over its coal ash impoundment at Plant Barry. Initially dismissed by a Trump-appointed U.S. district court judge on technical grounds, the case is now pending before the Eleventh Circuit Court of Appeals, where Brock said he is hopeful the team will secure a victory.
Oral arguments in the case were held in Atlanta in November, and some of Alabama Power’s arguments were unusually revealing, Brock said.
“Alabama Power admits that a lot of the coal ash is going to be left in contact with groundwater under their closure plan,” he said. “That’s particularly galling.”
Coal ash isn’t SELC’s first legal tussle with Alabama Power, however. Lawyers for the environmental nonprofit are also representing customers suing Alabama Power over residential solar fees they argue violate the law and discourage the use of renewable energy. In response, the company has said that it “support[s] customers interested in using onsite generation, such as solar” but that its rate structure for those customers must avoid “unfairly shifting” costs to other ratepayers.
Meanwhile, the company has doubled down on its fossil fuel investments, purchasing a natural gas plant in Autauga County for around $622 million, effectively locking the company into the continued use of fossil fuels for years to come, though the company said in an email that its investments are data-driven, forward-looking and “are not based on a preference for any one fuel source.”
All of these developments are individually concerning, Brock said, and together, they demonstrate a pattern.
“It sends a pretty clear message that Alabama Power is really concerned about their financial well-being and the rate of return they get on fossil fuel infrastructure,” he said. “It says they have a pretty compliant regulatory environment that is not going to scrutinize them when they want to raise rates for customers to do it.”
While the company clearly has the resources to line its coal ash ponds and recycle much of the waste, there’s also little doubt that the state can count on much more sympathetic federal regulators under the Trump EPA than it did under Democratic leadership. At present, the state and federal governments seem closely aligned: Twinkle Cavanaugh recently resigned after 13 years as president of the state’s Public Service Commission, the agency charged with regulating Alabama Power. Her new position: a job as the Trump administration’s top Department of Agriculture official in Yellowhammer State.
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Alabama
Alabama defensive lineman LT Overton accepts invitation to Senior Bowl
Alabama defensive lineman LT Overton has accepted an invitation to the Panini Senior Bowl.
The senior defensive end is very deserving and had a great season. Overton has recorded 35 total tackles, 21 solo, six TFL, and four sacks. These are great statistics, given that he was on the field with Tim Keenan III, Yhonzae Pierre, and Deontae Lawson. Keenan and Lawson will also be participating in the Panini Senior Bowl.
Overton is a key piece in Kane Wommack’s 4-2-5 swarm defense. He is a versatile defensive end who can play in the interior when necessary. He does a great job with block destruction, creating separation, and setting the edge. He shows to be a very sound player with nice twitch and athleticism. He is 6’5, 278, but has a nice combination of girth and range which gives him versatility. He also does a great job of getting low and being at pad level for a player who is 6’5.
The former five-star recruit and Texas A&M player projects well into the NFL because of size, athletic build, and versatility. He is likely a tweener who can line up in multiple different alignments in the NFL. A big Senior Bowl impression can up his draft stock. Overton will likely be picked on the first or second day of the 2026 NFL draft.
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