The mess from coal ash keeps widening, plus other news, this week in CIB:
Executive Watch: Coal Ash Criminal Probe Deepens, Pollution Revelations Broaden
From the criminal investigation process to the pipes draining into our rivers, the blows from coal ash kept falling last week on Duke Energy and the McCrory Administration.
The U.S. Attorney’s office stretched its net for evidence of possible illegal conduct in the treatment of coal ash pollution by issuing more subpoenas to nearly 20 state environmental agency employees to provide grand jury testimony. In addition, state officials were ordered to produce any records concerning investments, cash, or other items of value received from Duke or its employees. Duke confirmed that it had also received a new subpoena directly, but would not discuss details. It appears that a great deal of attention is being paid to the juxtaposition of kid-gloves treatment for Duke, lax regulation of coal ash producing environmental disaster, and the deep personal and financial connections between Duke, Gov. McCrory, and his administration. More here.
New light is also shining on the continuing pollution problems associated with coal ash storage, in 31 facilities at 14 Duke power plant sites around the state. A second pipe at the Dan River plant has been revealed to be leaking toxic pollution into the river there, including arsenic at 14 times the level considered safe for human contact. Regulators in the state Department of Environment and Natural Resources (DENR) admit that toxic pollution is leaking into ground or surface water at multiple other locations from coal ash storage. That’s why the various citizen groups represented by the Southern Environmental Law Center (SELC) tried three times last year to file suit against Duke for cleanup action at 14 leaking sites–only to be headed off by DENR filings at the last minute, following by what critics are calling sweetheart deals allowing pollution to continue unchecked.
The harsh glare of new media focus on DENR’s handling of the coal ash pollution problem continued with an unflattering look at how the agency is allowing Duke to call its own shots on how (and whether) to clean up its toxic ash dumps. DENR Secretary John Skvarla defends his agency’s deference to Duke’s decisions by noting that the utility could otherwise challenge DENR’s orders in court. In reaction, SELC senior attorney Frank Holleman says that this amounts to a refusal to act against Duke “because they are rich and powerful and lawyer up.” Holleman declared, “We need a secretary at DENR with the backbone to protect our clean water.” More here.
Secretary Skvarla seems to have problems getting his stories straight on whether the citizen watchdog groups are friend or foe. At a contentious news conference which he cut short, Skvarla tried to describe the environmental litigants led by SELC as on the same side with DENR in seeking strong environmental enforcement. Yet, these are the same groups that DENR asked the courts to refuse to allow in the coal ash enforcement actions as parties–and which Skvarla publicly described in November as “an organization of lawyers” which must “keep the donations flowing” by creating “the illusion that there is an enemy to be vanquished.” More here.
Skvarla and McCrory seem to be dancing on the question of the proper remedy for the problems: Close the ash ponds and relocate the ash to safer storage–or not? Skvarla even suggested that moving the ash could be environmentally harmful, a position without apparent scientific support. After initially backing closing the ponds and removing the ash, McCrory backpedaled following the controversial Skvarla comments. More here.
Skvarla, DENR, and McCrory are not looking good in the glare of the television lights. They are reaping the consequences of willful neglect of a systematic, urgent threat to clean water in North Carolina. More here.
Legislative Watch: Cities Speak for Local Environmental Protection Authority
When and why should your city or town have the right to protect your health and property from stormwater or other water pollution, air pollution, and other environmental degradation?
The state legislature’s Environmental Review Commission (ERC) heard last week from representatives of cities and towns about the need to protect–and restore–local authority to protect their citizens from environmental problems. Members of the N.C. League of Municipalities (NCLM), including Durham, Lenoir, Pittsboro, Raleigh, and Wilson, testified on the reasons why local governments need that authority, and provided examples of varying local conditions (such as water resources, rainfall, topography, and vegetation) justifying different approaches in different localities.
They also cited the delays and problems produced by the present de facto moratorium on new local environmental regulations. That moratorium was created by the legislature’s extraordinary action last year to require any new local environmental rule to be passed with support from 100% of the elected members of the local governing board.
The municipalities’ testimony to the ERC came as part of that body’s study–as directed by last year’s regulatory “reform” bill–of the question of when circumstances can justify environmental ordinances “more stringent than” corresponding state or federal rules. The ERC can make recommendations for consideration in this year’s legislative “short session”.More here.
Washington Watch: Tougher Rules Coming on Heavy-Duty Trucks
Following up on a commitment in his state of the union address, President Obama last week announced that his administration will begin developing stronger fuel standards for medium- and heavy-duty trucks. The proposed new standards will be developed by the EPA and the Transportation Department, and announced in March 2015.
Obama framed the proposal as one which will improve gas mileage, reduce oil imports, cut carbon pollution, and save money for businesses and consumers. It’s noteworthy that while heavy-duty trucks are only about 4% of vehicles on the road in the U.S., they produce about 20% of on-road energy use and emissions (2010 data). (The Climate Post, 2/20/14)
The new standards will build on an earlier round of fuel efficiency standards finalized in 2011, and will go into effect for model years 2017 and beyond. A representative of the trucking industry, in comments to the Washington Post, projected that the costs of implementing the new standards would be recouped within 18 months after they go into effect. This upbeat response contrasts with the opposition to new pollution control standards heard in some other industries. More here.
Education & Resources: Net Metering Around the States
“Net metering” is the practice of connecting an electric consumer which has a small generating system (such as solar electric panels) into the electric grid in a way that allows power to flow both ways. Sometimes, the customer is buying; sometimes, the customer is selling power back to the system. Most states–including North Carolina–now have some form of this.
This year, net metering is becoming big news as the costs of small solar photovoltaic have dropped precipitously. That means many more businesses and homes are installing small solar electric systems, and taking advantage of the net metering opportunity. Some sun-rich states where the fossil-fuel-based electric utilities are expensive (like Hawaii) are seeing so many more net metering customers that the affected utilities are afraid of drops in net power demand reducing their profitability. In a number of states–including North Carolina–utilities are seeking regulatory approval to cut what the utility pays for this reverse-flow power.
Anti-environmental advocacy groups, seeking to stanch the bleeding of their foundering argument that renewable energy is impractical, are working to persuade state legislators to put the brakes on this effective incentive for small renewable energy development. The issue could turn into a campaign debate this year.
Pew Charitable Trusts provides a daily online news service, Stateline, which published a good summary article on the issue last week. Read the article, “States Brace for Utilities, Solar Advocates Clash” here.
That’s our report for this week.
