Author

Commentary

If all of the coal ash leaking into the state’s various waterways isn’t enough to get you steamed at the state’s  leadership for eviscerating our environmental regulations and regulators, here’s another story that might put you over the edge — it comes from Dan Besse of the League of Conservation Voters and Charlotte’s public radio station, WFAE. This is from the LCV Monday morning newsletter:

State enforcement of controls on sediment pollution of waterways in North Carolina has dropped dramatically since 2010, according to an analysis by reporters from WFAE radio in Charlotte.

The analysis shows that the number of inspections of construction sites by state inspectors has dropped markedly, and that the frequency with which discovered non-compliance with pollution control rules is cited for violations has been cut as well. Enforcement agency staff acknowledge that their inspection staff has been slashed by the state legislature, from 65 to 40, with more cuts coming.

Sediment – or in lay terms, mud – from construction sites and other activities is one of the most pervasive and problematic causes of water degradation. It fills in reservoirs, buries stream bottom habitat for fish and their food sources, and fouls drinking water sources. Policing the sediment runoff from construction activities in our state is a shared local/state responsibility, critical to the task of protecting water quality.

North Carolina has been a regional leader in that effort since passage of the Sedimentation Control Act of 1973. However, putting adequate resources into the job has always been a challenge. The WFAE study quantifies just how much worse the situation has become in the past four years. Read More

Commentary

As Clayton Henkel reports below, even national news media have taken note of the embarrassingly cozy relationship between Duke Energy and North Carolina’s environmental regulators. Of course, federal prosecutors have too.

If ever there was a time for the state’s governor to signal a new direction and put the public ahead of polluters, now’s the time. An editorial in this morning’s edition of the Wilmington Star News  agrees:

“[Outgoing secretary John] Skvarla insisted from day one that he intended to make the scaled-down Department of Environment and Natural Resources more ‘customer-friendly.’ And it quickly became clear that his definition of ‘customer’ largely meant the corporate and development interests that apply for environmental permits.

But there is another category of customers: the people of North Carolina. Not only do they pay taxes to support the department, but they count on its regulators to protect the environment and public health.”

It concludes this way:

“Questions about the cozy relationship between DENR staff and the businesses they regulate did not originate with this administration; it has been an ongoing issue. Regulators do not have to be unnecessarily obstructionist. There is a lot to be said for streamlining the permit process, providing clarity on the rules and making sure businesses do not face long delays in obtaining permits, assuming their projects meet state standards.

But a regulator’s job is to regulate, not to placate. McCrory says he will cast the net far and wide to find the right person to fill the DENR post, both inside and outside the agency. That person should not only be a strong leader but also understand that the agency’s primary responsibility is to protect the state’s air, water, soil and other natural resources.”

Read the entire piece by clicking here.

Commentary

2-24-14-NCPW-cartoonTry as some people might to wish North Carolina’s massive coal ash problem away, it isn’t going anywhere soon — either physically or politically. Another chapter will begin to unfold this coming Sunday evening when the CBS news magazine show 60 Minutes  examines the situation.

According to the Charlotte Business Journal, Duke CEO Lynn Good will be interviewed by Leslie Stahl. No word on whether they will discuss the intimate relationship between Duke and the McCrory administration.

The Guv. of course is a former 28-year Duke employee, who keeps hiring many of his former colleagues into state government.

The story was apparently recorded in September, but the coal ash mess hasn’t gotten any better since — with residents of Lee County balking at hosting a repository, new leaks springing up and a federal investigation of the whole situation still lurking out there somewhere.

Bottom line: Stay tuned. Neither the coal ash itself or the political fallout from the Dan River disaster will be buried anytime soon.

Commentary
Lennon Lacy

Lennon Lacy

In case you missed it, the Fayetteville Observer has added its voice to the growing chorus demanding a fully-fledged federal investigation of the hanging death of Bladenboro teen Lennon Lacy.

This is from an editorial published in the paper this week:

An independent pathologist hired by the state branch of the National Association for the Advancement of Colored People says substantial evidence calls the official explanation into doubt and suggests instead that Lacy could have been murdered, with race a motivating factor.

The NAACP has asked Thomas Walker, the U.S. attorney for the Eastern District of North Carolina, for a federal inquiry into whether a hate crime occurred or Lacy’s civil rights were violated. But Walker’s office doesn’t comment on whether there’s any investigation.

This specific type of death, by hanging of a young African-American male, has a history in this country and this region. That history includes quick dismissals by state and local officials who wanted to look the other way. Because of that history, there are doubts.

The NAACP pathologist’s analysis offers additional cause for doubt. The organization is right to seek federal involvement.

This is not something we want to be in doubt about. We need a genuine effort to discover and analyze the physical and circumstantial evidence in Lacy’s death.

Seek out the truth, then offer a public accounting that will cast aside the burden of doubt.

Read the entire editorial by clicking here.

Commentary

When North Carolina lawmakers passed a law last year mandating drug testing of public benefit recipients modeled (at least in part) on a law in Florida, civil liberties and anti-poverty advocates told them it was a bad and unconstitutional idea.

Today those advocates are feeling some vindication as the U.S. Court of Appeals for the 1tth Circuit stuck down Florida’s law. This is from the New York Times story:

The three-judge panel of the United States Court of Appeals for the 11th Circuit, in Atlanta, ruled that the law, one of the strictest in the country, was an unreasonable search because Florida officials had failed to show a “substantial need” to test all people who applied for welfare benefits. Applicants were required to submit to urine tests, a measure that Mr. Scott said would protect children of welfare applicants by ensuring that their parents were not buying and using drugs.

“The state has not demonstrated a more prevalent, unique or different drug problem among TANF applicants than in the general population,” the panel said in its unanimous decision, using an acronym for Temporary Assistance for Needy Families.

North Carolina’s law is not identical, but the same basic logic ought to apply: If we’re going to start doing forced bodily searches of welfare recipients, there’s no logical reason the state shouldn’t be able to mandate such tests for all recipients of public benefits — from college students to Social Security beneficiaries.

let’s hope this decision heralds th beginning of the end for such invasive and ill-conceived programs.