Here’s some shocking news: the big eggbeaters that North Carolina’s political leaders had touted as an alternative to the costly and time consuming (but proven) pollution control methods that had been planned at one time to clean up the Triangle’s Jordan Lake are, in a word, a “bust.”

This is from the Department of Environmental Quality’s preliminary report after a year of solar powered water churning:

“There were no statistically significant differences in pH and Chl a values at all three project treatment versus control site comparisons during SolarBee deployment, with the exception of significantly higher Chl a concentrations at the Haw River project site compared to its control site. Morgan Creek project area sites had the same or lower percent exceedances for both pH and Chl a than their control sites in New Hope Creek, but all were above water quality impairment criteria. The Haw River project area site had higher percent exceedances for both pH and Chl a than its control site. These preliminary results indicate that nutrient related water quality conditions did not significantly improve in areas of the lake where SolarBees were deployed.”

Who would have guessed?

No word yet on whether the report will cause state officials to reconsider their harebrained delaying tactic toward what needs to be done. If the response of conservative politicians to any number of far more dire environmental problems plaguing the state and the world are any indication, there’s reason for concern.


You’d think if he was going to sign a bill that’s been widely condemned in editorials across the state and decried by every major environmental organization in North Carolina, he’d at least have the courage to stand up, face the cameras and explain himself.

Unfortunately, that’s not how Pat McCrory rolls. Instead the Guv simply buried the Polluter Protection Act in a list of several bills signed late last Friday when the media had already pretty much packed up shop for the week. All in all, it was a fitting way to usher in a new and hugely destructive law that was crafted in secret by corporate lobbyists and rammed through the General Assembly with as little public input as possible.

The Monday newsletter of the League of Conservation Voters explains once more what’s in this mess of a new law:

Gov. Pat McCrory on Friday left no doubt where he stands. By signing HB 765, the 2015 “rules reform” bill now widely known as the Polluter Protection Act, McCrory acted to protect polluters at the cost of greatly increased danger to the health, clean water, and clean air of all North Carolinians. Read More

Image: Natural Resources Defense Council

Image: Natural Resources Defense Council

A few of the worst last-minute proposals advanced during last night’s kangaroo sessions of the North Carolina House and Senate failed, mercifully, to win final approval prior to the 4:00 a.m. final adjournment. That said, lawmakers still shipped a bevy of dreadful and destructive bills down the street to the Governor’s Mansion.

One of the most troubling was/is the aptly nicknamed “Polluter Protection Act.” Though some of the bill’s rougher edges were smoothed slightly in the session’s final hours, the proposal still goes to Governor McCrory with its horrific centerpiece intact — a provision that would allow permit-holders who violate environmental limits to be excused from civil penalties for their offenses, if they “self-report” the violations.

Environmental advocates are demanding that the Governor veto this monstrosity. The good people at the Environmental Defense Fund put it this way in a statement this morning:

“The N.C. General Assembly has given final approval to House Bill 765, known as the Regulatory Reform Act of 2015. If the legislation becomes law, it will allow more air and water pollution, degrade land, harm wildlife and put public health at risk.

This legislation is a hodgepodge of short-sighted provisions that allow a more polluted environment, plain and simple. It encourages irresponsible business practices. It insulates polluters from their responsibility to fully clean up contamination they cause. It removes protections for nearly 50,000 miles of streams that supply our drinking water, provide important fish habitat, and help keep our waterways clean and healthy.

H765 eliminates sensible safeguards for our air, water, wildlife, and puts the health of our children and families on the hook when polluters should be.”

Meanwhile, Dan Crawford of the League of Conservation Voters was even more succinct when he said the bill could be “the worst environmental bill of Gov. McCrory’s tenure.”

For a summary of the lowlights and the action that environmental advocates are taking to secure a veto click here.

For a thorough list of the bill’s grisly details click here.

Image: Natural Resources Defense Council

Image: Natural Resources Defense Council

The biggest scandal right now in the world of industry involves the giant German manufacturer Volkswagen, which has now admitted to installing software in its vehicles to provide false emission tests results. As the New York Times reports this morning, one of the factors that led to this scandal was the regulatory structure that allows car manufacturers to do their own emission tests or to select the companies with which they will contract to perform them.

In other words, with self-policing for environmental pollution you inevitably get…wait for it…cheating. The drive for profits often makes the temptation to cook the books is too great.

This brings us to one of the centerpieces of the so-called “regulatory reform” legislation (aka the “Polluter Protection Act”) that’s currently awaiting final action in the General Assembly as lawmakers move toward adjournment next week. As was explained earlier this week by the good people at the N.C. League of Conservation Voters, the proposed law would enact a regulatory framework that is even weaker than the one that gave rise to the VW scandal. This is from the League’s Weekly Conservation Bulletin:

“The big environmental fight surely looming over the remainder of this legislative year deals with HB 765, now better known as the Polluter Protection Act.

Why is that? In brief, imagine this: A corporate polluter – one of those occasional bad actors whose irresponsible behavior undercuts the efforts of the more ethical majority of businesses – has been carelessly dumping unpermitted pollution into your local river. It realizes that it is finally about to be caught, either by concerned citizens or one of the overworked remaining state environmental enforcement staff. It quickly runs a ‘self-audit’ and confesses to its regrettable “mistake” of dumping excess pollution into the river feeding the local water supply. Hey, presto! Said corporate polluter gets immunity and is let off the hook from fines and penalties on the basis of its promise to do better from now on.

This isn’t satire; that kind of provision is actually contained in the Polluter Protection Act.

In other words, under the proposed new model for North Carolina, a polluter could be as guilty as Volkswagen and then, upon being discovered, simply self-report its behavior as a “mistake” and avoid any liability.

Of course, for every polluter who finally realizes they’re about to get caught and self-reports, there will undoubtedly be many more who will go their merry way, degrading our environment without any consequences at all. Others, like VW, will get away with murder for many years and never even face the kind of consequences that awaits the giant car maker.

The bottom line: The self-policing provision of the “regulatory reform” bill makes a mockery of our environmental protection laws and citizens will be the ones who will pay the price.



Not that the powers that be in Raleigh appear terribly concerned about what the majority of people living along the North Carolina coast think, but another coastal community has spoken up loudly and clearly against Governor Pat McCrory’s wrongheaded decision to proceed with offshore oil exploration. This is from the lead article in this morning’s Wilmington Star News:

“Thunderous applause followed a Wilmington City Council decision Tuesday to oppose oil drilling off the North Carolina coast.

Attendees against offshore drilling — some waving “Don’t drill N.C.” signs — filled seats, lined the walls and overflowed into an upstairs area at the council chambers Tuesday evening. The crowd was so large that about 100 people had to wait outside the meeting after the room hit capacity.

The resolution approved unanimously by the council, presented by councilman Charlie Rivenbark, opposes both offshore drilling and seismic testing to find oil and natural gas….

According to [the environmental group] Oceana, 15 North Carolina municipalities — including Wrightsville Beach, Carolina Beach and Topsail Beach — have passed resolutions voicing concerns about seismic testing or offshore drilling.”

Meanwhile, the good people at the North Carolina Coastal Federation, who have spoken out loudly and clearly about the huge dangers of offshore drilling will be hosting another forum on the subject in New Bern next Friday. This from the online description:

“What does the North Carolina coast look like today – economically, environmentally and socially? How could this change with the introduction of the oil and gas industry? This forum is intended to delve into the economic truths, environmental implications, and actual effects on coastal communities. Speakers include researchers, regulators, elected officials and coastal residents, from the Gulf of Mexico to Currituck Sound.”

Click here to learn more and register. The deadline is this Friday the 24th.

And if you’d like to get the full scoop on the move to turn the North Carolina coast into a version of Louisiana’s from the comfort of your own computer, click here to watch a presentation from earlier this year by Sierra Weaver of the Southern Environmental Law center at an NC Policy Watch Crucial Conversation luncheon.