Citizens will enforce the Clean Water Act when the state falters, plus more news, this week in CIB.
Judicial Watch: Citizens Go Back to Court for Coal Ash Cleanup
“Since the state won’t enforce these laws, we will,” declared Southern Environmental Law Center (SELC) spokesperson Kathleen Sullivan.
SELC was responding to a letter last week from the NC Department of Environment and Natural Resources (DENR), saying that the state agency would not take legal action against Duke Energy to enforce the Clean Water Act at multiple coal ash sites named by SELC in its “intent to sue” notice.
The SELC notice, filed in July on behalf of other citizen conservation groups, targets coal ash sites at Duke plants in Chatham, Rowan, and Wayne counties. Under the Clean Water Act, DENR’s failure to act means that the citizen cleanup suits can be filed as soon as this Wednesday, September 3.
Administrative Watch: More Citizens Speak Out on Fracking Pollution
About 450 citizens attended, and more than 100 signed up to speak, at the public hearing last week in Rockingham County on fracking rules proposed by the NC Mining and Energy Commission (MEC). According to news reports, the common theme was concern about the pollution risks from fracking.
One final in-person hearing remains (September 12 at Western Carolina University in Cullowhee), and the record remains open for written public comments on the MEC proposed rules. You can use NCLCV’s link to submit comments here.
Legislative Watch: Analysts Pan Weak Coal Ash Bill
Analysts across the state are adding their voices to the growing consensus that the General Assembly’s coal ash bill fell woefully short of the actions needed to address coal ash pollution in North Carolina. Here are some of the notable quotes of the past week:
“It just fails to address the issue of who is responsible for this mess and even goes as far as weakening current environmental protection laws,” said Rep. Duane Hall. “The legislation…allows Duke to pass the cost on to North Carolina’s taxpayers through rate increases. In addition, this legislation weakens our current laws. Judge Paul Ridgeway recently handed down a ruling making clear that our current ground water rules require Duke to clean up all of the coal ash sites at their expense.”
Rob Schofield (NC Policy Watch): “The only losers in all of this, of course, are the citizens of North Carolina. They will now have to depend once again on courageous and outgunned nonprofit lawyers, the courts and perhaps the federal government to protect them from being forced to pay Duke’s bills and consume its poisons in their drinking water.”
Raleigh News & Observer: “Essentially, Senate Bill 729 proposes to solve the coal ash problem by declaring it not a problem. Or, at least not an urgent problem. Only four of Duke Energy’s 14 coal ash sites are designated for cleanup by 2019. What to do with the rest would depend on risk assessments by the Department of Environment and Natural Resources and approval by a commission whose members would be appointed by the legislature and the governor.”
If that commission ever gets going – the same Gov. McCrory who signed SB 729 – calls it unconstitutional and is threatening to bring suit to stop it.
Washington Watch: Great Act of 50 Years Ago Needs Renewal Today
For those who despair of our democracy when watching the painful antics of our current Congress, a trip into history may serve to remind us that the people’s representatives can achieve great and lasting things.
This week marks the 50th anniversary of two signature pieces of American conservation: the Wilderness Act and the Land and Water Conservation Fund. Passed by Congress in 1964, these enduring tools for conserving the best of America’s natural lands have stood the tests of time. The Wilderness Act began the process of protecting those last wild places that still nurture the spirit of Americans today – from the highest points of the Rockies to places like Linville Gorge in our own North Carolina mountains. The Land and Water Conservation Fund has financed generations of projects to bring parks and clean, green spaces to the hearts of our urban areas.
On signing both bills 50 years ago, President Lyndon B. Johnson wisely observed, “True leadership must provide for the next decade and not merely the next day.” The next decade – or the next century. This year the Land and Water Conservation Fund, having survived its first five decades, is in danger of expiration.
The League of Conservation Voters (LCV) encourages conservationists around the nation to take a moment this Labor Day week to remind our current leaders in Washington of the need for continuing conservation vision today.
Campaign Watch: Cooper Keynotes NCLCV Event
Finally this week, we recall that Labor Day marks the traditional start of the fall campaign season. In today’s year-round political environment, it’s more like the bell announcing the final lap of a long race.
NC Attorney General Roy Cooper, joined by special guests Representatives Duane Hall and Rosa Gill, rang the bell for NCLCV at our 2014 Raleigh reception and fundraiser last week. NCLCV Online Engagement Coordinator Katie Paulson brings us this description of the event:
“Almost 60 NCLCV members attended our 2014 Raleigh reception on August 28. This annual fundraiser was hosted by Gerda Stein, and former NCLCV President Nina Szlosberg-Landis served as the emcee, introducing the special guests who included Rep. Rosa Gill and Duane Hall. Both touched on key environmental issues from this past legislative session, including the weak coal ash cleanup bill and the future of fracking in NC. Attorney General Roy Cooper complimented the work of NCLCV and its members in holding elected leaders accountable by making noise to our legislators, in the media, and at the ballot box. Thanks to all who attended! Stay tuned – NCLCV may be coming to a city near you.”
If you just can’t wait for NCLCV to come to you, no worries: you can contribute today to our campaign to hold legislators accountable for their environmental records.
That’s our report for this week.
