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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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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

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Coal AshSteve Harrison over at Blue NC has a good catch today in a post entitled “90% of coal ash remains in Dan River after Duke ‘completes’ cleanup.”

As Steve notes:

If this is what they call “success,” one would hate to see them fail:

“Since the operation began on May 6, approximately 2,500 tons of coal ash and river sediment have been removed from this location. Crews and equipment were staged at Abreu-Grogan Park in Danville for the past three months.

The company previously completed removal of ash and sediment from water treatment facilities in Danville and South Boston, as well as from locations in the river at the Dan River Steam Station and Town Creek, two miles downstream from the plant. More than 500 tons of coal ash and river sediment were removed from these areas.”

Do the math. A low-end estimate on the spill had some 39,000 tons of ash released, and this combined 3,000 tons removed included an unknown quantity of non-ash sediment. What’s left in the river could be closer to 95%. And the General Assembly wants to give Duke Energy “more flexibility” in the cleanup/relocation of all the other coal ash ponds?

The story to which the post links (in Dredging Today) goes on to make clear that Duke is really going all out with the cleanup efforts: Read More

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Coal AshThe North Carolina House passed a weakened version of the already inadequate Senate coal ash plan today and environmental experts quickly labeled the legislation as wholly inadequate.

Here’s the rather measured statement from the folks at the NC Sierra Club:

“After weeks of expectation and speculation, the House missed the opportunity to build on the Senate’s good start and to address key shortcomings in the legislation. Under Speaker Tillis’ leadership, the House failed to make the final set of changes needed to give North Carolinians the protection they deserve from Duke Energy’s toxic coal ash.

There are no clear requirements in this legislation to ensure it does what it’s intended to do: remove the threat of coal ash to all our waters, and all our communities.

Not only does the bill fail to add protections missing from the Senate version of the bill, but it appears to undermine a recent court ruling stemming from a citizen suit that would require Duke Energy to immediately eliminate the source of its groundwater contamination.

North Carolinians’ right to clean water has been under threat by coal ash for decades. As lawmakers try to settle their differences on this bill in conference committee, communities are counting on them to protect their families and water.”

Meanwhile, activists at NC WARN — which has battled Duke Energy for years over myriad issues — were even more pointed: Read More