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Clear out junk files and repair common Windows errorsFree Scan →Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →Repair Windows errors before they cause bigger problemsFix Now →No court has determined who is at fault. GASP and the Southern Environmental Law Center (SELC) accuse Jefferson County health officials of failing to act promptly on ABC Coke’s 2023 air-permit renewal. The county health officer disputes that allegation and said the department was waiting for a federal EPA regulatory assessment. On October 2, 2026, the county told SELC it was moving the permitting process forward; that does not mean a renewed permit was issued or that a judge ruled.
What is the dispute about?
ABC Coke operates a by-product coke facility in Jefferson County, Alabama. An October 1, 2026 report by Inside Climate News describes the plant as owned by Drummond Coal and reports that the company submitted an air-permit renewal application in 2023. Jefferson County Department of Health (JCDH) issued a draft permit in January 2026, but advocates say progress then stalled.
On September 30, 2026, environmental group GASP, represented by SELC, filed a petition in Jefferson County Circuit Court asking a judge to compel local health officials to act on the renewal. The petition argues that the delay denied GASP and its members rights under the Clean Air Act and local air rules. Those are the petitioners’ claims, not findings by a court.
What each side says about responsibility
GASP and SELC: the county had a duty to act
GASP and SELC say the health officer had a statutory, nondiscretionary duty to act on the renewal. SELC argues that the county should send a proposed permit to the EPA for its formal 45-day review and says no separate EPA assessment was required before taking that step. GASP Executive Director Jilisa Milton said, “Communities should not have to wait indefinitely for the protections the law requires.”
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JCDH: it was waiting for an EPA assessment
In a September 2026 letter to SELC, Jefferson County Health Officer David Hicks said the department “respectfully disagrees with the assertion that it has failed to fulfill its obligations under applicable law.” He said JCDH was awaiting a Trump administration EPA “regulatory assessment.” Inside Climate News reported that the EPA had not answered the reporter’s questions about that assessment; the assessment itself is not included in the available reporting.
What is—and is not—established
The petition targets the county health officer’s alleged inaction; ABC Coke submitted the renewal application, but the reporting does not establish that the company caused the county’s delay. On October 2, the day after the filing, JCDH told SELC it was moving forward with the permitting process, according to an SELC representative quoted by Inside Climate News. That is a reported procedural update, not proof that a final permit was issued, what conditions it contains, or that the court has decided the dispute.
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Why the permit matters to nearby communities
Foundry coke is a high-carbon fuel made by heating coal to extreme temperatures. The Inside Climate News report says ABC Coke has long polluted the air in Tarrant, next to north Birmingham. It also reports that the company agreed in 2019 to pay a $775,000 civil penalty over alleged Clean Air Act violations involving benzene releases. That description and amount are reported by the outlet; they are not a finding made here.
The same report summarizes fenceline monitoring at several coke-oven facilities in Indiana, Pennsylvania and Alabama as showing benzene levels as high as 14 times the occupational exposure limit recommended by the American Conference of Governmental Industrial Hygienists (ACGIH). It says ABC Coke monitoring was more than 60 percent above that threshold and cites a modeled estimate of up to 1.7 additional cancer cases per 10,000 people in mostly Black areas of north Birmingham and Tarrant. These are consequential figures reported by Inside Climate News, but its cited story does not provide the monitoring dataset, modeling methods or underlying assessment. They should be understood as attributed report figures, not independently established measurements or risk calculations by EPA or ACGIH.
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How to read the permit timeline
- 2023: ABC Coke submitted its renewal application, according to Inside Climate News.
- January 2026: JCDH issued a draft permit, the report says.
- September 30, 2026: GASP and SELC filed their petition asking the court to compel county officials to act.
- October 2, 2026: JCDH told SELC it was moving the process forward, according to an SELC representative quoted in the report.
A draft permit, a proposed permit sent to EPA for review, and a final issued permit are distinct stages. The reporting confirms a draft and a subsequent statement that the process was moving forward; it does not establish completion of the later stages.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Historical context—and its limits
A 2019 GASP petition hosted by the EPA identifies permit number 4-07-0001-04 and describes ABC Coke as the largest merchant producer of foundry coke in the United States and Mexico. That petition concerns an earlier permit proceeding. It does not establish the status or terms of the 2023 renewal now in dispute.
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