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Coal ashPeople who know the score are not displaying a lot of enthusiasm about the coal ash bill that will be run through he House Rules Committee this morning. As the website Coal Ash Chronicles noted yesterday:

“[C]losing” a coal ash pond and “cleaning up” a coal ash pond or spill … those are totally different things. The first option leaves coal ash where it is alongside the state’s waterways — which flow into your house and businesses — and the second moves the coal ash away from the water to either be landfilled or repurposed.”

The experts at the Southern Environmental Law Center issued this statement early last evening on behalf of an array of concerned environmental advocates:

S729 Fails to Protect People from Duke Energy’s Coal Ash Pollution

CHAPEL HILL, N.C.— The coal ash bill issued by a conference committee of the N.C. General Assembly today fails to require cleanup of 10 coal ash sites across North Carolina by allowing Duke Energy to leave its polluting coal ash in unlined, leaking pits at 10 of 14 sites. The bill leaves at risk people in nearby and downstream communities throughout North Carolina and other states. The bill seeks to weaken existing law and protect Duke Energy from taking responsibility for its coal ash waste.

Allowing coal ash to be left in unlined, leaking pits across North Carolina with documented groundwater contamination at each site is not a cleanup plan nor does it protect the people of North Carolina. Many sites across the country where coal ash has been covered up or “capped” in place continue to experience high levels of toxic pollution. Covering up coal ash and calling sites “closed” does not stop or clean up pollution. Read More

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Coal ash clean upThis morning’s Weekly Briefing tries to bring readers up to date on the sad state of North Carolina’s coal ash debate and the surprising — and potentially tragic — lack of action by state leaders to confront Duke Energy and protect the public’s well-being.

One important side story to the coal ash crisis that it does not get into, however, is the increasingly absurd saga of Gov. McCrory’s failure to report his Duke Energy holdings on required state ethics forms. Fortunately, Sunday’s Charlotte Observer editorial page took care of that issue pretty comprehensively:

“We’re not sure which is most upsetting:

• That Gov. Pat McCrory owned a substantial amount of Duke Energy stock for his first 15 months in office, including for two months after Duke’s massive coal ash spill, even though that posed an obvious conflict of interest as the utility lobbied the administration hard on all kinds of matters.

• That McCrory filed an inaccurate report with the State Ethics Commission, saying he didn’t own any Duke stock as of Dec. 31, 2013, when in fact he did. Doing so reveals either a desire to mislead or gross incompetence by him and his general counsel.

• That McCrory still doesn’t get it. The governor maintains “we haven’t broken any rules” when that is indisputably untrue. He says he is “amazed” at the questions surrounding his mistake, fully unable to comprehend that it’s a matter most North Carolinians consider newsworthy.”

Read the rest of the editorial by clicking here.

Read more here: http://www.charlotteobserver.com/2014/08/16/5109117/mccrorys-mishandling-of-his-duke.html#.U_IW-8VdVAI#storylink=cpy
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(UPDATED – see the bottom of the post) Here’s a fascinating and disturbing, if not terribly surprising, sidebar to the story that has erupted in recent days around Governor McCrory’s failure to disclose his Duke Energy holdings: one of McCrory’s own appointees (Note: see the update below) to the State Ethics Commission (the group that would likely review the Governor’s behavior in the matter) appears to have made an ethically questionable public statement about the matter.

The Commission member in question is Francis DeLuca, the head of the Pope-Civitas Institute and Civitas Action — its 501 (c)(4) affiliate. Here is a tweet that appeared earlier today on DeLuca’s Twitter account:

De Luca (2)

 

 

 

You got that? One of the seven members of the government panel charged with enforcing state ethics laws appears to have already formed an opinion on the matter and be willing to share it with the public. Read More

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Tillis_McCrory_Berger-400You know…the day that North Carolinians can finally say adieu to the 170 members of the 2013-14 General Assembly? As has almost always been the case with the current crop of state lawmakers, the signals are mixed and confusing.

News reports this morning indicate that even as legislative leaders  look for ways to append a badly needed fix onto the terribly flawed budget that was just passed a few days ago, they’re once again playing political games with each other and the citizenry.  If this is how things end — with a critical provision to help schools made contingent upon a new corporate giveaway scheme — it will be a fitting conclusion to a remarkably ineffective and discombobulated session.

As Charlotte Observer columnist Fannie Flono notes this morning:

Perhaps it’s only fitting that the N.C. legislature comes to the end of its long short session in a squabble over how and when to end it. It hasn’t mattered much that the Republicans are in charge of everything – the state House and Senate and the governor’s office. GOP infighting and House vs. Senate power plays – along with a little muscle-flexing or attempts at it by Gov. Pat McCrory and his staff – have been constant backdrops during the session that began May 14.

In the plaintive words of Rodney King, paraphrased: Can’t they all just get along? Or at least agree to close down the shop and get out of town? And save us taxpayers the $50,000 a day it typically costs for them to be in session?

Of course, there’s a very good chance this will not be THE day. Having apparently failed to fashion a coal ash clean up plan in the more than six months that have passed since the Dan River disaster, the General Assembly may return yet again after the fall election for a rare “lame duck” session. If that happens, at least a couple of things appear to be certain:

1) It won’t be the first time the adjective “lame” will be used in the same sentence with the 2013-14 legislature and  2) Coal ash will be far from the only mess that will be left behind for future General Assemblies to clean up.

/www.charlotteobserver.com/2014/08/14/5106886/legislative-session-was-a-squabble.html#.U-3lMKMf6So#storylink=cpy

 

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VacationThere has been a lot of talk in recent years about how the North Carolina General Assembly is starting to look and sound more and more like Congress — especially when it comes to the influence of big dollars from corporate fat cats and plain old, general dysfunction.

Today, we got another persuasive indicator: Legislators announced plans to take an “August recess.” Oh, they may not be calling it that, but this morning’s news that House and Senate leaders plan to pass a FY2015 budget this week, adjourn temporarily and then come back in mid-August to deal with the coal ash crisis that’s been simmering for months — years, really — and then recess again and come back in November after the election signifies a change in how business gets done on Jones Street.

Traditionally, when North Carolina lawmakers conclude the second-year-in-the-biennium “short” session in early summer, they adjourn until the following January. This may not be the best set-up, but it does force lawmakers to wrap up their business and maintain the General Assembly’s status as a “part-time” legislature.

This new development is enough to make a body suspicious as to the motives of those behind it. Read More