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Falls LakeIt’s last-minute sausage making time down on Jones Street and lawmakers are doing their worst to ram through a raft of measures that are of, by and for the well-heeled special interests. See for example the 54-page “technical corrections” bill that was passed by the House last week and that’s scheduled to blitz through the Senate Rules Committee this morning.

On the environmental front, the last-minute mischief is taking many forms, including, as reporter Craig Jarvis of Raleigh’s News & Observer reports this morning, another industry-designed threat to clean water. This is from Jarvis’ story entitled “Stream buffer protections rewritten by industry, DENR“:

A plan to update regulations that protect streams and rivers was adopted last year after a nearly five-year process that incorporated input from a wide range of interests.

In just five months this winter, the McCrory administration rewrote those rules with the help of private companies that had a financial stake in the outcome – including the company where state Department of Environment and Natural Resources Secretary John Skvarla once worked….

Environmental groups that had been following the development of the new rules for years were surprised to find out the rules had been rewritten at all. They didn’t find out about it until this month, when a low-profile bill surfaced in the General Assembly that would authorize replacing the rules with the version written by the seven-member group.

“I didn’t even know they had met or issued a report,” said Heather Jacobs Deck, riverkeeper with the Pamlico-Tar River Foundation, who was involved with the original rules. “That was a shock. We had no idea. It was a little frustrating to know at the end of the process there were tweaks and other changes. We weren’t part of it.”

None of this is to say that there might not be good reasons to update the rules in this complex and important area. But the fact that the McCrory-Berger-Tillis team is plunging ahead without even informing — much less consulting — the state’s incredibly knowledgeable and dedicated environmental advocacy community is a testament to the bad faith that the state’s conservative political leadership has long brought (and continues to bring) to what ought to be its sacred duty to preserve our air, land and water.

Read Jarvis’ entire story by clicking here. Read the bill in question by clicking here.

more here: http://www.newsobserver.com/2014/07/28/4036052/stream-buffer-protections-rewritten.html#storylink=cpy
Read more here: http://www.newsobserver.com/2014/07/28/4036052/stream-buffer-protections-rewritten.html#storylink=cpy

 

 

State Senate leaders are unveiling their approach today to cleaning up the state’s hazardous coal-ash ponds, but a leading environmental group is already saying new legislation doesn’t go far enough.

The proposal will be discussed at a 3 p.m. committee hearing in Raleigh at the N.C. General Assembly.

The AP first reported last night that the Senate proposal (click here to read) would require Duke Energy to close its coal-ash dumps within 15 years, and WRAL had this wrap-up as well and a summary to the Senate proposal here.

Coal ash from February spill near the Dan River

Coal ash from February spill near the Dan River

But Frank Holleman, the attorney steering the Southern Environmental Law Center’s litigation over coal ash, said the Senate bill still defers many of the decisions to the N.C. Department of Environment and Natural Resources. That, he said, could mean that Duke Energy could continue to get passes on cleaning up the toxic by-products found in 33 unlined pits at the electricity utility’s 14 coal-fired plants in the state.

All the pits have contaminated nearby groundwater, and environmental groups have criticized DENR’s reluctance before the February coal ash spill in the Dan River to demand cleanup.

“What North Carolina needs but is not done in this bill is a direct requirement that Duke clean up its coal ash,” Holleman said. “It leaves it to the failed state agency.”

Read More

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

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