North Carolina’s leading state environmental agency tries to block cleanup of coal ash pits, plus more news, this week in CIB.

Judicial Watch: DENR Tries to Stop Citizen Coal Ash Cleanup Action – Again

The McCrory Administration is once again attempting to stop citizen legal action seeking cleanup of leaking coal ash pits under the Clean Water Act. Despite the fact that the state “Coal Ash Management Act” (CAMA) postpones cleanup of 10 of the state’s 14 coal ash storage facilities to as late as 2029, the NC Department of Environment and Natural Resources (DENR) told a court it should let that process “run its course.”

In one sense, for DENR to ask a court to toss out citizen suits seeking coal ash cleanup is old hat. For the McCrory DENR, that’s been business as usual. The new twist is this: DENR’s latest request asks the court to block approval of an agreement already reached between Duke Energy and citizen environmental groups to clean up coal ash pits at three plants. That’s three of the ten NOT among the “high priority” four plants which CAMA would deal with on an “expedited” basis.

“DENR, which is supposed to protect North Carolina’s clean water and communities, today opposes an order that would protect North Carolina’s clean water and communities,” said Southern Environmental Law Center (SELC) Senior Attorney Frank Holleman. “These sites [near Sanford, Goldsboro, and Lumberton] have serious leaks into neighboring waters, dangerous dams, and groundwater contamination. DENR’s latest move would allow this pollution to continue and these threats to continue, putting bureaucracy ahead of the safety of communities and clean water.”

SELC is representing the coalition of citizen groups in the case, including Cape Fear River Watch, Neuse Riverkeeper Foundation, Winyah Rivers Foundation, and Waterkeeper Alliance.

Washington Watch: EPA Proposes Methane Controls

Last week, the U.S. Environmental Protection Agency (EPA) took another step in the process of implementing the Obama Administration’s plan to reduce greenhouse gases: releasing proposed rules to limit methane emissions from the oil and gas industry.

Even though the total volume of methane emissions is dwarfed by carbon dioxide, limiting methane is still critical because pound-for-pound it has 25 times the heat-trapping capacity of carbon dioxide. The EPA’s ultimate goal is cut methane emissions by 40 to 45 percent from 2012 levels by 2025. These rules don’t go that far because they focus on new wells; environmentalists say rules need to address existing oil and gas infrastructure as well. The public comment process on the draft proposal will now begin.

EPA’s statement on the proposed rules, along with links to more information including technical fact sheets, can be found here.

Legislative Watch: Save Sedimentation Control

NCLCV is leading the push to save North Carolina’s sedimentation control effort from being hamstrung by a “special provision” in the state budget. At stake is the continued existence of the state Sedimentation Control Commission (SCC), which since 1973 has drafted rules and provided expert guidance for implementing state law to keep eroded soil (sediment) out of our creeks, rivers, and reservoirs. Even many active conservationists are surprised to learn how important this issue remains: Muddy water from sediment is still the number one pollutant destroying vital aquatic habitat and filling up drinking water and recreational reservoirs.

The proposed change eliminating the SCC is contained in Section 14.26 of the Senate’s version of the budget (which includes a host of egregious anti-environmental provisions). Under the Senate’s bad plan, the duties of the SCC would be rolled into the already broad responsibilities of the Environmental Management Commission (EMC), losing the expertise and experience of multiple specialists on construction and erosion control management who sit on the SCC. NCLCV Enforcement Director Robin Smith, who has extensive experience with the SCC, says it’s a bad trade which will undercut the effectiveness of the program.

NCLCV Field and Mobilization Director Aiden Graham noted, “I know this issue may sound a bit ‘in the weeds.’ That’s exactly what the NC Senate leaders hope people will think so we won’t take the time to call them out.”

Concerned supporters of NCLCV and clean water can prove the Senate wrong by taking action here.

Around the State: Chatham County Approves Fracking Moratorium

The Chatham County Board of Commissioners last week approved a two-year moratorium on fracking in the county. The local ordinance carries a misdemeanor charge and fine for violations.

As adopted, the ordinance includes a finding that “the extraction of oil or gas in Chatham County poses a significant threat to the health, safety and welfare of residents, neighborhoods, environment and natural resources.” The commissioners’ action was unanimous and came about a month after speakers at a local public hearing overwhelmingly supported the moratorium.

State legislation passed last year curtails local governments’ authority to regulate or ban fracking. If companies seek a state permit for a fracking operation in Chatham during the designated moratorium period, an interesting legal fight could ensue.

That’s our report for this week.