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CIB 6/16/2014

Battling budget versions have environmental implications, plus other news, this week in CIB:

Legislative Watch: Battling Budgets

The N.C. House passed its version of the state budget last week, setting up a tussle with the Senate that includes some significant implications for the environment.

While the House’s budget has shortcomings of its own, conservation advocates agree that it is a notable step up from the Senate version on a broad range of issues affecting clean air, water, and other natural resources. We applaud Rep. Murray for his work to improve on the Senate budget. The House knocked out some of the Senate budget’s worst environment provisions, including these:

  • The House budget includes more funding for land conservation efforts through the Clean Water Management Trust Fund and the Parks & Recreation Trust Fund, and eliminates the automatic annual reversion of unspent balances to the state’s general budget. (In other words, unlike the Senate, the House hasn’t completely forgotten the meaning of “trust fund”.)
  • The House budget includes more funding for water pollution control through stormwater management plans for lakes with nutrient pollution issues.
  • The House budget drops several bad provisions included in the Senate budget, such as dedicated funds for state-sponsored shale gas exploration, environmental review waivers for coastal Highway 12 construction, and disproportionately large cuts to transit funding and state parks.

A more detailed summary of these key differences is available here.

The Senate is expected to decline to adopt the House’s budget changes this week. That will set up the usual conference committee process of negotiation between the chambers’ negotiators for a budget proposal acceptable to majorities in both chambers. Conservation advocates will be pitching for the House’s version when it comes to key environmental items.

Judicial Watch: Coal Ash Citizen Suit Lives On; Safeguards for Red Wolves

Coal Ash Citizen Suit Lives On: The U.S. District Court for Eastern North Carolina last week rejected a bid by Duke Energy to throw out a citizen suit by conservation groups against the utility for pollution of Sutton Lake near Wilmington. As occurred in the other coal ash pollution suits over the past year, the N.C. Dept. of Environment and Natural Resources (DENR) had attempted to pre-empt this citizen cleanup action by stepping in with its own case in state court. In keeping the citizen suit alive in this instance, the judge observed that the ongoing allegations of improper collusion between Duke and DENR made the requested dismissal inappropriate. This case is being brought by the Cape Fear River Watch and other groups, represented by the Southern Environmental Law Center (SELC). More here.

Safeguards for Red Wolves: In another recent U.S. District Court ruling, an Eastern District judge has granted a preliminary injunction against coyote hunting in five eastern North Carolina counties inhabited by the world’s only population of endangered red wolves in the wild. The Court agreed with conservation group plaintiffs (also represented by SELC) that the coyote hunting threatens the small red wolf population. Evidence shows that multiple wolves have been shot when mistaken for coyotes. For more details, see here.

Conservationists: Who Will Pay for Coal Ash Follies?

Citizens still have an opportunity to weigh in on that question.

An N.C. Senate committee is scheduled this afternoon (Monday, June 16) to discuss legislation which addresses that issue. Conservationists and other citizen advocates believe that Duke Energy shareholders should pay the costs of cleaning up the coal ash mess, not electric customers who had no control over Duke’s coal ash management policies.

NCLCV is inviting its members and supporters to send a message on this point to their legislators. Participation in the effort is fast and easy. For details, go here.

Education & Resources: Carbon Rules Webinar, Coal Ash Films

Carbon Rules Webinar: Heard conflicting comments on the newly released federal rules on carbon emissions? The Southern Alliance for Clean Energy (SACE) will hold a webinar today (Monday, June 16) at 1 p.m. to review the EPA’s new proposed rule limiting carbon emissions from existing power plants. For more information and to register, see here.

If that helps clarify the issues for you and you feel moved to comment on the proposal, the EPA is accepting public comments on the proposed rule for 120 days after its publication in the National Register. It is scheduled to be finalized in June 2015, with state plans due by June 2016. The rule language and comment opportunity information can be found here.

Coal Ash Films: Interested in improving your insights into the impacts of coal ash pollution? Several conservation groups are involved in hosting showings and discussion of the short films “Coal Ash Stories” this week around our state. From June 17 through June 19, there will be events in various cities/towns: Belews Creek, Charlotte, Asheville, Greensboro, Raleigh, and Wilmington. (A showing was held last week in Winston-Salem.) For more details, see here.

That’s our report for this week.

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