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Advocates at the North Carolina Chapter of the Sierra Club and the Pamlico-Tar River Foundation have formally called on the state Environmental Management Commission to conduct a review of questionable circumstances surrounding the demise of rules designed to prevent water pollution.

According to a letter from the groups that was delivered to the Commission yesterday, proposed rules governing riparian buffer mitigation (i.e. the use of vegetated strips of land along side waterways to protect them from pollution) were scuttled last year when the Rules Review Commission received several letters of objection. Under state law, when the Commission receives 10 or more such letters, the rule(s) in question are forwarded to the General Assembly for additional review.

In this case, however, four of the 11 letters of objection ultimately submitted were from McCrory administration staffers employed by the Department of Environment and Natural Resources (DENR). As the environmental advocates note, this may well have been an unprecedented and highly questionable set of circumstances: Read More

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FrackingThe ongoing and fairly remarkable debate over whether the oil and gas industry can prevent the public (and even emergency first responders) from knowing the names of the chemicals that go into the toxic stews that are injected underground in the controversial process known as fracking may be taking a promising  turn.

Though Gov. McCrory, the General Assembly and the state Mining and Energy Commission (which has been designated to usher the industry into North Carolina) have opted thus far to allow the chemicals to remain secret, there is some hope that federal regulators at the Environmental Protection Agency will weigh in to overrule this approach.

This is from the Union of Concerned Scientists: Read More

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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

 

 

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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 AshAs this morning’s “Monday Numbers” make clear, the coal ash clean-up legislation making its way through the General Assembly falls short in numerous ways. This statement from the League of Conservation Voters expands on this conclusion:

Legislative Watch: Not Good Enough on Coal Ash

“We could and should have done better for the citizens of North Carolina,” declared Rep. Pricey Harrison (D-Guilford).

The N.C. House last week approved its version of SB 729, “Coal Ash Management Plan of 2014″, but the bill was not the significantly strengthened alternative that conservationists had been hoping to see. Instead, it continued to show the same major flaws found in the original Senate bill, plus one associated with its proposed new coal ash board:

• It fails to assign financial responsibility for cleanup to Duke Energy and its stockholders, leaving the likelihood that ratepayers will end up paying billions to correct Duke’s coal ash management errors.
• It allows coal ash pits to be “capped in place”, avoiding genuine cleanup and leaving groundwater and surface waters vulnerable to continued leaking and contamination.
• It fails to direct expeditious closure and cleanup of most coal ash pits, allowing long delays before corrective action.
• It authorizes a newly created Coal Ash Management Commission to delay cleanups and extend deadlines even further if it concludes that needed fixes are too expensive.

Read More