Lawsuit Filed Over ABC Coke Air Permit Renewal
The Southern Environmental Law Center petitioned for action on the facility's long-delayed air permit application.
Updated on Oct. 1, 2026 in Asthma
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The Southern Environmental Law Center filed a petition in Jefferson County Circuit Court to force local health officials to finalize a permit renewal for ABC Coke. The facility has been seeking the renewal since 2023, with regulators citing an ongoing EPA assessment as the cause for delays.
Why it matters
Local environmental groups allege that health officials have neglected their statutory duty to act on the renewal. Residents in Birmingham are concerned about potential health risks following reports of excessive benzene emissions at the site.
ABC Coke recorded benzene levels more than 60 percent above established threshold limits. The plant previously paid a $775,000 civil penalty in 2019 for alleged violations of the Clean Air Act.
The players
Southern Environmental Law Center
This non-profit organization uses the power of the law to protect the environment and health of communities across the Southeast.
Jefferson County Department of Health
This agency serves as the primary health authority for the county and manages local air quality permitting processes.
Dr. David Hicks
He is a health official involved in the regulatory oversight of the air permit renewal application for the facility.
ABC Coke
The facility is the largest producer of foundry coke in the United States and operates a plant located in Birmingham.
The details
The Jefferson County Department of Health confirmed on Thursday that it is moving forward with the permitting process after issuing a draft permit in January 2026. The ABC Coke facility in Birmingham remains the largest producer of foundry coke in the United States.
Timeline
ABC Coke paid a civil penalty for permit violations in 2019.
The air permit renewal application was submitted by ABC Coke in 2023.
A draft permit was issued by the health department in January 2026.
The SELC sent a formal letter to Dr. David Hicks on September 30, 2026.
Dr. David Hicks responded to the SELC in September 2026.
The Big Picture
The legal action highlights the ongoing regulatory struggle to enforce the Clean Air Act standards in industrial areas. It follows a pattern of local litigation where community groups seek to compel administrative action on delayed environmental permits.
Residents in the Birmingham area, particularly those living in communities abutting the facility like Tarrant, remain concerned about air quality impacts on their daily health. The ongoing permitting delay keeps uncertainty high regarding future emission controls and long-term public health safeguards.
The takeaway
Public concern remains high as the legal process continues to unfold between environmental advocates and health regulators. Monitoring local air quality reports can provide residents with the most current data regarding environmental health risks in their immediate neighborhood.
Further reading
Learn more about local respiratory health concerns on our Asthma page.
Source note: This article includes information reported by InsideClimate News.
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