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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

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Coal ash clean upWasn’t it just several weeks ago that Gov. Pat McCrory was stating plainly that North Carolina needed to move its coal ash waste sites away from water as is being done in South Carolina? Now after much hemming and hawing and backtracking, it’s clear that no such things is going to happen — at least not with any help from the Guv. Yesterday, McCrory made his position reversal/wimp out official with an announcement that moving all the ash is now no longer part of his plan. Citizens will no doubt feel much safer however with his proposal to change the law so that, as WRAL reports:  “power companies would have to give the public faster notice of coal ash spills.”

In fairness, not everything the Guv had to say was terrible. As noted in a statement by Molly Diggins at the Sierra Club:

“We appreciate that the Governor has come forward with the outline of a plan to address the problem of leaking coal ash pits that are contaminating our state’s waters.

We are concerned, however, that the broad outline of the plan announced today appears to be prospective, and does not seem to address the immediate need to remove the source of contamination from pits next to waterways. Read More

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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.

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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

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The parties in the civil enforcement cases against Duke Energy for coal ash clean up at the company’s Asheville and Riverbend plants will be back in court tomorrow battling over whether Duke Energy can claim the pending criminal grand jury proceedings as a reason to delay releasing information sought in the civil context.

The organizations originally seeking to require clean-up at those plants until the state stepped in and filed suit — now intervenors in the lawsuits — argue that the pending grand jury proceedings should have no impact on the company’s obligations to produce evidence in the civil cases and expedite compliance and clean-up at the plants at issue.

The secrecy afforded grand jury proceedings relates to the identity of witnesses, the substance of their testimony and the deliberations of grand jurors, not to facts and information otherwise discoverable in a civil lawsuit, the groups argued in papers filed with the court last night.

“This civil enforcement has been underway more than a year, since March 26, 2013, when the foundation gave DENR and [Duke Energy] notice of its intent to enforce the Clean Water Act to require a clean-up of defendant’s illegal pollution of Mountain Island Lake,” the Catawba Riverkeeper Foundation said in its papers filed with the court. “Since that time there has been a remarkable series of efforts to delay the enforcement of anti-pollution laws against Defendant’s illegal pollution at Mountain Island Lake.”

The Sierra Club, Waterkeeper Alliance and Western North Carolina Alliance, now intervenors in the case concerning the Ashevile plant, made similar arguments in opposition to Duke Energy’s request in their brief filed with the court.

A hearing on this issue is scheduled for 10 a.m. tomorrow in either Raleigh or Henderson, N.C., depending on the status of jury deliberations at the end of today in another case before the court.