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Coal ash clean upThe N.C. League of Conservation Voters has a powerful critique of the Governor’s coal ash “plan” in this morning’s Weekly Conservation Bulletin (see below). As an aside, how can DENR Secretary Skvarla and the Guv be “adamant that one size probably will not fit all”?

Another Stall on Coal Ash

Gov. Pat McCrory last week proposed legislation which would let the Department of Environment and Natural Resources (DENR) direct Duke Energy to ‘close’ its coal ash ponds – an authority which DENR already inherently has through its clean water permitting process – but leave Duke proposing how such ‘closures’ would take place.

Strip away the double-talk and it’s clear that the governor is doing little more than asking for the General Assembly’s blessing on his plan to let Duke continue to call the shots on coal ash. Read More

Fiery Esquire journalist Charles Pierce weighed in on the Duke coal ash mess yesterday afternoon in this column and, as you can see, he pulled no punches:

“There’s a lot of very weird stuff going on in the newly insane state of North Carolina. The state has a problem with coal ash, and with its groundwater, and with the reluctance of Duke Energy to clean up, among other things, the 39,000 fking [tons*] of the gunk that it spilled into the Dan River in February. The state’s Environmental Management Commission decided that Duke Energy needed a “reasonable amount of time” to correct the groundwater violations. (As should be obvious, you could sail a coal barge through that adjective there.) A Superior Court judge said to hell with that noise and reversed the commission’s findings, demanding that the clean-up begin immediately.

And you will never guess what the North Carolina Environmental Management Commission did.

No, really, you will never guess.

Give up?

They appealed the judge’s ruling.

Told you that you wouldn’t believe it.

Read the rest of Pierce’s column by clicking here.

*… Pierce’s column understated this figure as 39,000 pounds.

Coal ash clean upIf you’re unclear as to the status of the various legal proceedings surrounding Duke Energy’s coal ash mess, be sure to check out this morning’s story over on the main PW site by Courts and Law Reporter Sharon McCloskey – “Flurry of filings by Duke and state officials spell lengthy delays for coal ash clean up.” As Sharon reports, things in North Carolina are, sadly, not following the relatively expeditious and effective path they followed in South Carolina (where the clean-up is already underway).

“In just a little over a year, from lawsuit to settlement in 2012, citizen and conservation groups in South Carolina pushed South Carolina Electric & Gas to begin cleaning up coal ash contamination at its sites there.

State environmental regulators stayed out and the utility stepped up, coming up with a plan to remove the ash from lagoons and either re-use it if possible or move it to lined storage elsewhere.

A similar push was afoot in North Carolina as groups investigated contamination at Duke Energy plants across the state, asked the state’s Environmental Management Commission for a ruling on how groundwater contamination rules applied to coal ash sites here, and prepared for lawsuits against the company for contamination at its Asheville and Riverbend plants.

But unlike what happened in South Carolina, Read More

Coal AshAs this recent editorial in Raleigh’s News & Observer noted, the Duke coal ash disaster seems to have brought about some real (if rather hypocritical) improvements in the public debate over environmental protection in North Carolina. Sadly, however, state policy under the current state leadership remains terribly flawed and stuck in “regulatory rollback” mode. A classic case in point was highlighted in this morning’s Weekly Conservation Bulletin from the League of Conservation Voters:

“We’ve been waiting for it, and now it’s begun: the formal review process for North Carolina’s most critical legal protections for clean water. These are the rules that the state has used to demand protection of drinking water, water-based recreation, fishing and wildlife resources – and that citizens can use to force action when the state fails to do its job.

Many of these key protections from pollution have been in place for more than a decade, and have worked to hold many abuses in check. Regardless, the N.C. General Assembly as part of last year’s regulatory “reform” legislation mandated that they all be put on a fast track for review. (And if they’re not renewed, on greased rails to the trash heap.) Read More

Coal AshAt least two stories on the entity that seems to be fast becoming North Carolina’s Public Enemy #1 (Duke Energy) are worth your time this morning if you didn’t catch them last night.

First is this AP story about how Duke lobbyists undermined the efforts of environmental advocates last year by getting friendly legislators to slip a provision into an omnibus deregulation bill that did their bidding on coal ash regulations:

“Documents and interviews collected by The Associated Press show how Duke’s lobbyists prodded Republican legislators to tuck a 330-word provision in a regulatory reform bill running nearly 60 single-spaced pages.

Though the bill never once mentions coal ash, the change allowed Duke to avoid any costly cleanup of contaminated groundwater leaching from its unlined dumps toward rivers, lakes and the drinking wells of nearby homeowners….”

Second is this WRAL.com story about Duke pumping coal ash into a stream that leads to the Cape Fear River:

“Advocates with the Waterkeeper Alliance say pictures they released Monday of workers for Duke Energy pumping water from a coal ash pond into a stream that feeds the Cape Fear River shows the company violating state and federal clean water rules.

Duke officials don’t dispute they were pumping the water, but they say they were allowed to do so for maintenance work under current permits for the pond, which is at a retired power plant in Moncure.

‘To label the secret, unmitigated, intentional discharge of untold amounts of highly toxic wastewater as ‘routine maintenance’ seems ludicrous,’ said Peter Harrison of the Waterkeeper Alliance.”