How election deniers are campaigning to control voting in four critical states

NC Attorney General: The right to reproductive care is on the ballot

With reports that new abortion restrictions in other states are putting women’s health in danger, Attorney General Josh Stein called on North Carolina voters to elect legislators who will support reproductive rights.

“Politicians are playing with women’s lives,” Stein said at a news conference Wednesday. “Decisions about reproductive care are deeply personal. They should be made by a woman in consultation with her loved ones and her doctor. They should not be made by politicians.”

US Rep. Deborah Ross, NC Rep. Rosa Gill, AG Josh Stein, Dr. Erica Pettigrew

US Rep. Deborah Ross, NC Rep. Rosa Gill, AG Josh Stein, Dr. Erica Pettigrew

Stein spoke alongside other supporters of reproductive rights as North Carolina faces the possibility of more abortion restrictions.

Federal Judge William Osteen in 2019 blocked enforcement of a decades-old state law that banned abortion after 20 weeks. He is reconsidering now that the U.S. Supreme Court has removed the constitutional protection to the right to abortion.

Stein declined last month to ask Osteen to lift the injunction. North Carolina’s Republican legislative leaders have hired their own lawyers as they support lifting the injunction against the 20-week ban.

Stein’s office defended the statute when the lawsuit was filed. When the federal court ruled the law could not be enforced, his office appealed. Stein recused himself from the case.

Stein said lawyers with his office will file comments with the court on Monday after consulting with the district attorneys and state agencies who are defendants in the lawsuit.

Though abortion laws in North Carolina in have not changed in the weeks since the Supreme Court overturned Roe v. Wade, the decision has made patients afraid to be forthcoming with their doctors, said Dr. Erica Pettigrew.

Pettigrew, a family practice physician, said she saw a patient last week who had an appointment to confirm her pregnancy. The patient told Pettigrew she wasn’t sure how she felt about being pregnant. “It was clear she didn’t know if she would get in trouble if she disclosed her desire for an abortion,” Pettigrew said.

“Unfortunately, many patients are now scared, not only to talk about their current needs, but we’re also seeing patients who are reluctant to tell us about their pregnancy histories,” she said. “Now, I’m seeing patients in my practice who are scared to disclose.”

The Republican-led legislature did not debate any new abortion restrictions this year following the Supreme Court decision, but House Speaker Tim Moore said in a statement they would be a top priority when the legislature returns to fulltime work in January.

Republicans do not have veto-proof majorities in the House or Senate. Gov. Roy Cooper, a Democrat, has vetoed bill restricting abortions that Republicans could not override.

Republicans are working to gain enough seats in November so they can override Cooper’s vetoes without the need to woo Democratic legislators to their side.

On Tuesday, voters in the Republican state of Kansas voted overwhelmingly to keep abortion rights protections in their state constitution.

U.S. Rep. Deborah Ross, a Raleigh Democrat, said she was thrilled with the Kansas result.

“I think what it shows is public sentiment,” she said. “The fact that Kansas was the canary in the coal mine for this and got that kind of result I think sends a very, very strong message to the rest of the country.”

Stein said abortion rights are on the ballot in North Carolina in November in the form of legislative races.

“We know that the right to abortion care in North Carolina is on the ballot this November and every election to come thereafter,” he said.  “As Attorney General, I will do everything in my power to protect women’s right to reproductive care.”

Election officials at U.S. Senate hearing describe threats, spread of misinformation

N.C. A&T receives $23.7 million grant for clean energy training program

N.C. A&T has received a $23.7 million federal grant to create a clean energy workforce training program.

Gov. Roy Cooper was on campus in Greensboro Wednesday with U.S. Rep. Alma Adams, U.S. Secretary of Commerce Gina M. Raimondo, Greensboro mayor Nancy Vaughan and others to announce the grant, from the U.S. Department of Commerce’s Economic Development Administration.  The money, part of the American Rescue Plan good Jobs Challenge grant program, will go toward A&T’s new STEPs4GROWTH program, which will provide clean energy workforce training.

The university plans to have the program off the ground by 2026 and to place several thousand workers in the clean energy sector over five years.

Gov. Roy Cooper was on hand for the grant announcement at N.C. A&T Wednesday.

“You’ve heard a lot about the clean energy jobs coming to North Carolina by the thousands,” Cooper said Wednesday. “You know what keeps me up at night? Who’s going to fill those jobs.”

Cooper said the A&T program will be essential for the clean energy economy that is “important for our planet and our pocket books.”

“We are on the cutting edge of the clean energy economy,” Cooper said. “It is an intentional thing. And developing this talented, diverse workforce is going to be critical to the success.”

Cooper touted bipartisan state legislation requiring the power sector to reduce carbon emissions 70 percent by 2030 and to get to carbon zero by 2050. The state is pushing offshore wind power and attracting companies that make clean cars, planes and boats. That’s going to mean new skills are needed to build those things,

North Carolina’s universities and community colleges are the ideal place for these clean energy youth apprenticeship programs, Cooper, said – particularly the state’s thriving historically black college and universities (HBCUs).

“People are coming here because they know we value diversity,” Cooper said. “We also value education.”

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NC Supreme Court deals setback to proposed Ashe County asphalt plant

An asphalt plant is proposed to be built next to Radford Quarries in Ashe County. It has been on hold because of litigation. The state Supreme Court dealt the plant a setback in a decision issued this week. (Map: Google)

An asphalt plant near a camp for seriously ill children.

A fight between the planning board and the planning director.

A recalcitrant quarry owner.

Guns.

A seven-year legal slog over a proposed Ashe County asphalt plant continued this week after the state Supreme Court reversed part of an appellate court’s decision and sent other portions back for further review.

The case began in June 2015. That’s when Appalachian Materials, owned by DJ Cecile, applied to the Ashe County planning department for a permit to build an asphalt plant on 30 acres near Glendale Springs and the New River. The plant would have been constructed adjacent to Radford Quarries, a facility also owned by the Cecile family with a long violation history. (When state regulators inspected Radford Quarries in 2015, Danny Cecile, father of DJ Cecile, “produced a pistol from his pocket,” according to state records, and stated “that the pistol was in case any of the inspectors got ‘out of line.'”)

The plant would also have been located within a quarter mile of Camp New Hope, a getaway for children with serious or terminal illnesses.

Because of the ongoing litigation, the plant has not been built, according to state records. If it is constructed, the plant would emit an estimated 64 tons of air pollution per year, including 20 tons of carbon monoxide, Division of Air Quality records show.

When Appalachian Materials applied for its county permit in the summer of 2015, it did not yet have a state air quality permit, which was pending. The planning director issued a letter of recommendation to the company noting that based on the information received, it had met the requirements of the county’s Polluting Industries Development ordinance, except for the air quality permit.

However, the planning director would later argue that the letter was not binding, in part because the company’s permit application was incomplete.

Many Ashe County residents and the Blue Ridge Environmental Defense League protested the proposed location of the facility. In the fall of 2015, the county enacted a six-month moratorium on permits subject to the Polluting Industries Development ordinance, like those for mines and asphalt plants.

Meanwhile, also in 2015, the state legislature passed an industry-friendly law that appeared to defang counties’ moratoria on polluting industries. The law allows companies like Appalachian Materials, if they apply for a permit before a county amends a development ordinance, to choose which version they want to be governed under. In the case of Ashe County, Appalachian Materials could choose the ordinance in effect when it initially filed its permit or a new, more stringent ordinance that was approved after the moratorium was lifted.

Appalachian Materials received its state air permit in February 2016, while the initial moratorium was in effect. That April, the county extended its moratorium for another six months, during which the planning director reviewed Appalachian Materials’ application that now contained the state air permit.

The planning director denied the permit. He found Appalachian Materials’ application had “contained number of false statements, misleading statements, and/or misrepresentations,” according to court records. Nor had the company received a local watershed permit. An outbuilding onsite did not meet the 1,000-foot setback requirements from residences.

Appalachian Materials took their case to the county planning board, which sided with the company and ordered the permit to be granted.

Ashe County challenged the planning board’s decision in Superior Court. That judge ruled in favor of the board and the company; the county then took the case to the Court of Appeals, which in 2019, agreed with the Superior Court judge.

The appellate court offered several reasons for the ruling, including that the county planning board was within its authority to overturn the director’s decision. The judges also ruled that the planning director’s cursory approval of plant’s application — submitted before the state’s air quality permit was finalized—was in part, binding.

Although batting 0-for-2, Ashe County petitioned the state Supreme Court, which agreed to hear the case in late 2020. In this week’s ruling, the state Supreme Court determined that the planning director’s 2015 letter to the company was not a “final, binding decision.” That letter is still relevant to the case, the Supreme Court wrote, and the appellate court should weigh the letter’s findings in its required review.