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Coal ash clean upThere have been several noteworthy reactions to Governor Pat McCrory’s strange decision to simply let the General Assembly’s coal ash legislation become law without his signature last week. Senate President Pro Tem Phil Berger came this close to accusing the Governor of – yikes! – improper bias toward his longtime employer when he said the following in a statement reported this morning by the Greensboro News & Record:

“The governor’s primary concern appears to be a desire to control the coal ash commission and avoid an independent barrier between his administration and former employer.”

Veteran environmental advocate and Winston-Salem city councilman Dan Besse got it just about right, however, when he authored the following for the weekly newsletter of N.C. League of Conservation Voters this morning: Read More

Commentary

McC709It was just a few years ago that opponents of then-Senator and presidential candidate Barack Obama were howling at the notion that he had voted “present” on multiple occasions while a state legislator in Illinois (something that’s permitted for lawmakers in the Land of Lincoln but not  in most states — North Carolina included).

The gist of the not-unfounded criticism at the time was that a “present” vote was and is a pretty gutless way out of taking a stance on sticky issues. If one goes to all the trouble of running for office and serving as an elected representative of the people, went/goes the reasoning, the least a lawmaker can do is to have the courage to make a decision when presented with a choice of whether something will be made law or not.

Such logic would seem to apply with even more force to a governor when it comes to approving or not approving a bill sent to him or her by a legislature. After all, it’s not like he or she is just one of a couple of hundred legislators whose vote may or may not even really matter. The constitution specifies that the decision to sign or veto a bill is his or hers alone. (It should probably also be noted that when a U.S. president fails to sign a bill while Congress is out of session, the effect is to veto the bill — the process is known as a “pocket veto.”)

This brings us, of course, to yesterday’s decision by Governor Pat McCrory to let the controversial — many would say “thoroughly inadequate” — coal ash “clean up” bill become law by simply not acting on it. Read More

Commentary

In case you are wondering if the animosity between Governor Pat McCrory and Senate leaders has lessened since the legislative session adjourned, the answer seems to be no, judging by comments at this weekend’s apple festival in Hendersonville.MC_AP

McCrory rode in the King Apple Parade Monday and told the Times-News that he was still upset about the new coal ash commission created by the General Assembly and believes it is unconstitutional. McCrory said his lawyers are still reviewing the coal ash legislation that includes the commission.

That prompted powerful Senate Rules Chair Tom Apodaca, who represents Hendersonville and was also in the parade, to respond with this about McCrory’s legal team.

His attorney is probably a great attorney for real estate closings, but I don’t think he pays a lot of attention to the constitutional picture.

Ouch.

It’s not clear from McCrory’s comments if he still plans to sign the coal ash bill. It is clear that his relationship with Senate leaders is still strained.

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Solar powerA giant Swiss investment  bank thinks so. As the good folks at Think Progress point out in this story, the bank, UBS, has issued a new report in which it concludes that Europe may soon be approaching the point at which “large-scale, centralized electricity generation from fossil fuels could be a thing of the past.”

The reason for this incredibly hopeful prospect is pretty straightforward: “a three pronged assault from solar power, battery technology, and electric vehicles…will render obsolete traditional power generation by large utilities that rely on coal or natural gas.” Talk about a great response to the problem of coal ash production!

Meanwhile, here in the states, activists and entrepreneurs continue to make important inroads in advancing the cause of renewables despite the stubborn resistance of giant fossil fuel companies and the politicians and right-wing “think tanks” on their payrolls. A classic and hopeful example was in my email inbox this morning from the state chapter of the Sierra Club:

“Clean Energy For Raleigh” kicks-off program to fast track solar and energy efficiency for homeowners and businesses

RALEIGH – Clean Energy For Raleigh (CE4R), a ground-breaking community-based program that makes the adoption of solar power and energy efficiency upgrades cheaper and easier, has made its way to Raleigh.

“This model blows away the three biggest barriers to adopting clean energy – cost, red-tape, and inaction,” said Chelsea Barnes, the CE4R community coordinator and a volunteer with the NC Sierra Club Capital Group, the program’s sponsor. Read More

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McCrory budgetIn case you missed it over the weekend, Gov. Pat McCrory told an interviewer that he plans to sign the coal ash clean-up bill even though he believes that part of it is unconstitutional. This is from a story on WRAL.com:

McCrory said the bill’s creation of an independent coal ash oversight commission, appointed by House and Senate leaders and the governor, blurs the separation of powers of different branches of the government – just one example, he added, among several such proposals lawmakers advanced this year.

“I’m going to have to fight them from a constitutional standpoint, including even the coal ash commission,” he told Campbell. “I think this concept of creating commissions that are appointed by the legislature – or a majority by the legislature – is unconstitutional, regardless of the subject. Because that means the legislature is doing the operations of state government, which is not their responsibility. I think there’s a constitutional issue there.

How such a position squares with the Governor’s sworn duty to support the Constitution is hard to figure. Of course, when you’re listening to the rather unique policy observations of North Carolina’s current chief executive, you always have to take things with a grain of salt. In the same interview, the Guv expressed his approval for the General Assembly’s rejection of another bill during the waning hours of session last week because it contained multiple, unrelated topics. Again, this is from the WRAL story:

“There were parts of the bill that had no relevance to the other part of the bill, and that’s not the way you should do legislation,” he said.

Uh, Governor, we hate to tell you this, but you’ve already signed dozens of bill that do exactly the same thing — most notably, the infamous SB 353 from just last year. You remember that one. It dealt with those two closely-related topics: abortion clinic regulations and motorcycle safety.