Posts Tagged ‘Coal Ash’

A “strict proposal” that should be stronger

Tuesday, June 17th, 2014 - posted by brian

The North Carolina Senate’s coal ash bill includes cleanup plans that Duke Energy has already committed to, but it leaves too much up to DENR and a coal ash commission that has yet to be created.

Photo by Waterkeeper Alliance

Photo by Waterkeeper Alliance

This week, Republican leaders of the North Carolina Senate introduced the Coal Ash Management Act of 2014 (SB 729), a bill that they hope will bring closure to the statewide issue of coal ash pollution, eventually.

Introduced on Monday by Senate President Pro Tempore Phil Berger (R-Rockingham) and Sen. Tom Apodaca (R-Henderson), the coal ash bill would require Duke Energy to close the 33 coal ash ponds across the state within 15 years – twice as fast as Duke claims is feasible. It also calls for a commission to oversee closure plans and encourages research into other uses of coal ash.

The bill’s sponsors say it would be the most comprehensive and strict regulation of coal ash in the country — just what North Carolina needs.

Demand a coal ash plan that protects all of North Carolina’s communities


Four months ago, a massive coal ash spill at Duke’s retired Dan River plant raised the profile of coal ash pollution plaguing communities near North Carolina’s 14 coal plants. But it also spurred a regulatory and legislative response at the state level, and placed North Carolina in the center of a national debate over how to regulate the toxic waste.

Both of the bill’s primary backers have coal ash ponds in their districts and were outspoken about the need for stronger protections in the lead-up to the current legislative session. Duke Energy’s Asheville plant is in Sen. Apodaca’s district. Sen. Berger’s district includes Rockingham County, where the Dan River spill occurred.

The bill goes further than Governor Pat McCrory’s initial proposal, which fell short of the reforms needed to protect clean water and public health. But it still gives too much sway to Duke Energy and the Department of Environment and Natural Resources on how to go about closing most of the coal ash ponds in the state.

Under the bill, coal ash sites considered “high-risk” because of their proximity to major waterways, including ponds at the Dan River, Asheville, Riverbend and Sutton power plants, would have to be excavated and closed no later than 2019. Coal ash stored in ponds classified as either high- or intermediate-risk could be moved to lined landfills or recycled. Sites deemed as low-risk sites could be drained and covered, a practice known as cap-in-place, if DENR and the coal ash commission created by the bill agree it would be safe.

The bill requires DENR and the coal ash commission to develop risk classifications by August 1, 2015. But according to an analysis of the bill by N.C. Conservation Network, the bill provides no specifics guidelines on how levels of risk should be determined.

Once the level of risk is determined for the sites not included in the bill, the coal ash commission must hold a public meeting in the county where the site is located and accept comments. So residents in communities such as Belews Creek and Dukeville that live near massive coal ash ponds that both Duke Energy and state regulators know to be polluting groundwater will have to wait.

“The truth is, no coal ash pond in the state of North Carolina is a low-risk site,” attorney D.J. Gerken of the Southern Environmental Law Center told the Hendersonville, N.C., newspaper Blue Ridge Now. “It is a disaster to leave DENR the discretion to stick with the plan it has embraced for years, which is covering them over with dirt and walking away.”

When it comes to questions of accountability — an especially relevant issue considering the ongoing federal investigation into the close ties between DENR and Duke Energy in the wake of the Dan River spill — Apodaca says that’s where a proposed Coal Ash Management Commission would come in, and that the “true beauty of this bill is it won’t just be DENR making these decisions.”

Tell legislators that N.C. can’t wait for clean water. The coal ash bill should be stronger.

“That’s why we have a coal ash commission, which is made up of nine experts from different backgrounds: health, power, conservation, waste management,” Apodaca is quoted as saying in Blue Ridge Now. “We’re going to have a full mixture of folks and that’s who will be making these decisions.”

The nine members on the coal ash commission would be appointed by legislature and the governor, a prospect that should be met with skepticism based on the the industry interests represented on the state Environmental Management Commission and the Mining and Energy Commission, for example.

The commission would be tasked with approving risk classifications for coal ash ponds and their closure plans, and make recommendations on laws or regulations related to coal ash management. Under the bill, Duke Energy would be required to fund four seats on the commission as well as 25 positions at DENR.

Other seemingly positive changes to the governor’s meager proposal turned out to be arbitrary — more shiny objects than substantial improvements. For example, lawmakers say a moratorium on electricity rate increases until January 2015 would protect ratepayers from incurring costs incurred related to cleaning up coal ash. But a rate case could not realistically begin that quickly.

In short, according to the Southern Environmental Law Center, the Senate bill puts into law what Duke Energy has already committed to: cleaning up the ash at the most high-profile and dangerous sites in the state. But in its current form, the proposal leaves too much up to DENR and a coal ash commission that has yet to be created.

Take action and learn more about Appalachian Voices’ work to clean up coal ash.

We’re Back: Moral Mondays return to Raleigh

Tuesday, May 20th, 2014 - posted by Roy Blumenfeld
Appalachian Voices North Carolina Campaign Coordinator Amy Adams addresses the crowd at the first Moral Monday protest.

Appalachian Voices North Carolina Campaign Coordinator Amy Adams addresses the crowd at the first Moral Monday protest.

As the North Carolina General Assembly convenes for the 2014 short session, so too have the Moral Monday protests aimed at holding the legislature accountable for its regressive agenda.

Continuing in the tradition of the protests that took place during the 2013 session, North Carolinians traveled from all ends of the state on Monday to voice their concerns about the path the state is being lead down. A crowd of thousands gathered on the Bicentennial Mall between the Legislative Building and the Capitol.

Rather than attack Governor McCrory, Speaker of the House Thom Tillis, Senate Pro Tempore Phil Berger or their colleagues, the rallying call was for them to “repeal, repent, and reinstate.” Rev. William Barber II, president of the North Carolina NAACP, promised not to engage in any more civil disobedience without first giving the state leaders a chance to change their ways. The NAACP has organized a People’s Lobby Day on May 27 and plan to see how legislators respond before deciding how to proceed for the rest of the legislative session.

One issue that was front and center at the protest was the environment and the growing angst among North Carolinians was on full display. Signs about fracking, coal ash, and Duke Energy were seen throughout the crowd. Appalachian Voices’ N.C. campaign coordinator, Amy Adams, was invited to reiterate how dire the circumstances surrounding coal ash and Duke Energy’s grip on the state really are. Likening the power company’s affinity for coal to a drug addiction, Amy grabbed everyone’s attention when delivering her remarks.

Other topics various speakers touched on included public education, healthcare and voting rights. The opposition to recent policy changes has fostered the diverse coalition that was present in full force and will continue push back against future actions from North Carolina’s Republican majority.

The theme of the day was a love feast. In an illustration of what is possible through working together, everyone in the crowd was given bread by NAACP organizers. Instead of eating what was handed to them, the members of the crowd were instructed to swap the piece they had with someone standing nearby. The feast showed the power of collective action; as the entire crowd was provided for and had helped provide for each other. Following a short and inclusive prayer, everyone ate.

In the place of civil disobedience, which led to more than 900 arrests last session, Rev. Barber told the crowd that they would instead engage in direct action. Protesters placed tape over their mouths in a symbolic gesture aimed at the controversial new building rule passed last week. Lined up in twos, the protesters silently marched through the front door and out the back. Loaves of bread were left at the offices of Rep. Thom Tillis and Sen. Phil Berger. As Rev. Barber put it: “This is the first and last time I’m gonna ever be told I have to speak a certain way in the people’s house.”

Debunking Duke: Why Captain Abandon is a failed superhero

Thursday, May 15th, 2014 - posted by Sarah Kellogg

responsiblemgmt

Since the Dan River spill in February, Duke Energy has been under immense public pressure to clean up its toxic coal ash legacy without passing the cost on to their ratepayers.

Rather than actually cleaning up its coal ash, however, the company is spending millions to clean up its image by launching a new greenwashing campaign that claims, “We’ll do the right thing with our coal ash.”

Defining what the “right thing” is remains contentious. While a recent poll showed that 88 percent of North Carolinians feel coal ash should be stored away from water in specially lined landfills, Duke Energy continues to tout “cap-in-place” as an acceptable remedy and has only promised to move its coal ash at a few high-profile locations.

Cap-in-place involves draining the water from coal ash ponds and covering them with dirt and plastic. Duke claims that it is the most cost-effective option, but cap-in-place will not prevent groundwater contamination, coal ash from leaking into waterways, dam failure, or other potential hazards, like the stormwater pipe that collapsed at the retired Dan River plant.

Capping coal ash ponds does not stop the ash from interacting with groundwater, since water seeps through the unlined bottom and sides of the earthen pits, not the top. Additionally, most coal ash ponds in North Carolina were built on top of streams and creeks that drain into larger waterways, as shown by these maps produced by the Southern Environmental Law Center. A bottom liner is the only way to prevent coal ash contaminants from seeping into these buried waterways.

Promoting cap-in-place as a safe and effective coal ash remedy is essentially another public relations stunt aimed at making North Carolinians feel as though Duke is doing “the right thing” when in fact, the company is proposing to literally and figuratively cover up the problem, abandon their ash pits, and allow pollution from coal ash ponds to continue.

While a bottom liner is necessary to protect groundwater from coal ash, moving the ash ponds away from North Carolina’s waterways is the safest way to prevent another catastrophic spill from occurring. There are twenty municipal water intakes located downriver from Duke’s coal ash pits in North Carolina, and more than 1.5 million residents rely on water that is currently threatened by Duke’s aging coal ash dams, most of which are in poor condition.

Duke has only proposed moving ash at its Riverbend, Dan River, Sutton, and Asheville plants, leaving communities near its 10 other coal plants to continue suffering from coal ash pollution. The company argues that the $10 billion dollars and 30 years it would take to move all its coal ash is prohibitive. This begs the question, what is clean drinking water, healthy ecosystems and human life worth to a company that made $2.5 billion in profits last year alone?

Although Duke Energy spokespeople have assured the public for months that the company would be able to clean up the ash that spilled into the Dan river, Duke officials admitted this week that they will never be able to recover all the ash. In fact, they will only be able to remove a small fraction of what was released. So far, the company says that it will remove about 2,500 tons of coal ash deposits — about 6 percent of the 39,000 tons spilled in February.

EPA Proposal for Toxic Coal Pollutant Won’t Protect Clean Water

Thursday, May 15th, 2014 - posted by eric

Contact:
Eric Chance, Water Quality Specialist, 828-262-1500, eric@appvoices.org
Erin Savage, Water Quality Specialist, 828-262-1500, erin@appvoices.org
Cat McCue, Communications Director, 434-293-6373, cat@appvoices.org

Washington, D.C. – Yesterday, the U.S. Environmental Protection Agency released a draft of new national water quality standards for selenium, a toxic pollutant discharged from many mountaintop removal coal mines and coal ash ponds. Even at very low concentrations, selenium is extremely toxic to fish, causing physical deformities and reproductive failure.

EPA is proposing a more complicated system for measuring selenium. Currently, the recommended standard for selenium consists of a four-day average concentration in water of 5 parts per billion (ppb). As proposed, the new rule will primarily rely on testing for the pollutant in fish tissue, a more complex method of monitoring than stream water testing. The complexity of this new standard will make it more difficult and expensive to implement for state agencies, industries, and concerned citizens.

The new standard does include water-based testing, but increases the recommended testing period from four days to 30 days. The new standard can be adjusted for fewer days of testing, if necessary. Under that provision, the new allowable selenium concentration for a four-day time period would be seven times higher than the current standard.

A statement from Appalachian Voices Water Quality Specialist Eric Chance:

“This new selenium standard is a step backwards. The scientific community has been fairly clear for some time that the current standards were too weak, but this newly proposed standard will actually allow more selenium pollution, not less. Headwater streams below mountaintop removal coal mines in Appalachia, and the people who depend on that water, are going to suffer from this decision.”

“This new rule would make it almost impossible for citizens to exercise their rights under the Clean Water Act to protect waters they care about. Citizens would be required to collect seven times as many water samples as they do now, or they’d have to collect fish to analyze which generally requires a special permit.”

“Fish tissue standards are good for measuring the effects of selenium on fish but they don’t take into account effects on other species like birds, and they are nearly impossible to translate into limits on a Clean Water Act permit for a coal mine that discharges selenium. For these reasons, we are glad to see that EPA has included water-based standards as well, but they aren’t strong enough.”

EPA is collecting public comments on this proposed rule until June 13, 2014. Those wishing to submit comments can email ow-docket@epa.gov with the subject heading: “Attention Docket No. EPA–HQ–OW–2004–0019.”

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Appalachian Voices is an award-winning, environmental non-profit committed to protecting the natural resources of central and southern Appalachia, focusing on reducing coal’s impact on the region and advancing our vision for a cleaner energy future. Founded in 1997, we are headquartered in Boone, N.C. with offices in Charlottesville, Va.; Knoxville, Tn. and Washington, D.C

North Carolinians Stand Together for Coal Ash Cleanup

Tuesday, May 13th, 2014 - posted by kara

“We are not against business… we are not against good business practices, but we are against business practices that step on and hurt and put at risk the lives of people. And that must be cleaned up.” – Rev. Dr. William Barber

Protesters outside Duke Energy's shareholder meeting.

Protesters outside Duke Energy’s shareholder meeting.

Hundreds of citizens from across North Carolina converged on May Day for the annual Duke Energy shareholders meeting.

For four years now, social justice advocates have brought the people’s demands to Duke’s doorstep and to the shareholders who influence the corporation’s policies.

The Dan River coal ash spill and attacks on clean energy were highlighted during the action along with several other racial, environmental and economic injustices practiced by Duke Energy which is the largest energy company in the world.

Appalachian Voices co-sponsored the action with a broad coalition of groups including NC WARN, Greenpeace, Charlotte Environmental Action, NC NAACP, Democracy NC, and Action NC.

Several local groups made the action memorable, effective and safe. I’d like to give a special shout out to the volunteer-based Charlotte Environmental Action who led our chants and was the creative force behind the outstanding banners and signs.

You can watch a compilation of speeches and footage from the protest in this YouTube video made by the Canary Coalition.

Community members and advocates paddle on Belews Lake.

Community members and advocates paddle on Belews Lake. Photo by Avery Locklear

We followed this statewide action with a paddle and picnic community day at Belews Creek, where Duke Energy’s largest — and arguably North Carolina’s dirtiest — coal plant operates and pollutes. Appalachian Voices, the Sierra Club’s Beyond Coal campaign, NC WARN and the Tarheel Paddlers Association pulled together a May 10 morning paddle with kayaks and canoes on Belews Lake, which has long history of contamination from the coal-fired power plant that sits on its banks.

After the paddle we shared a potluck style meal with 75 local residents to celebrate our progress and community resilience. The sight of everyone uniting to end the environmental injustices and racism experienced in Belews Creek solidifies the movement to secure a healthy and safe future free of pollution and inequity. We’ve come a long way as a grassroots effort – we recently named the community group as “Residents for Coal Ash Cleanup,” drafted our collective vision and resolution (attached below) and strengthened the national fight for clean water with the video “At What Cost?”

If you’d like to help our work go farther, you can take a few actions from home:

> Share the “At What Cost” video on Facebook or Twitter
> Sign this petition to protect net metering policies and residential solar energy in North Carolina
> Contact us to find a group near you working to clean up coal ash or increase renewable energy!

Court Grants North Carolinians a Voice in the Coal Ash Lawsuits

Thursday, May 8th, 2014 - posted by Sarah Kellogg
A N.C. court ruled that Appalachian Voices and our allies can intervene in a state lawsuit against Duke Energy for its coal ash pollution. Photo by Waterkeeper Alliance.

A N.C. court ruled that Appalachian Voices and our allies can intervene in a state lawsuit against Duke Energy for its coal ash pollution. Photo by Waterkeeper Alliance.

This week a North Carolina Superior Court ruled that conservation groups representing the interests of communities living near coal ash ponds are able to participate in a lawsuit between Duke and the N.C. Department of Environment and Natural Resources for documented, illegal coal ash pollution at all 14 of Duke Energy’s coal plants in the state.

The Southern Environmental Law Center will represent 12 environmental groups in court, including Appalachian Voices. We will be advocating for the proper cleanup and storage of coal ash at Duke Energy’s Belews Creek Power Plant outside of Winston-Salem. Belews Creek is home to the largest coal ash pond in the state and for decades the surrounding community has suffered serious, and sometimes fatal health conditions that may be connected to heavy metals and other toxins found in coal ash. Watch our video, “At What Cost?”, to hear some of their stories.

The judge’s ruling allows Appalachian Voices, along with the Southern Alliance for Clean Energy, the Western North Carolina Alliance, Sierra Club and several riverkeepers to have access to Duke and DENR documents relating to the area they serve. It also grants conservation groups an equal voice with Duke and DENR in the court proceedings and settlement agreement. Previously, DENR proposed a sweetheart settlement requiring Duke to pay an insignificant fine of $99,000 and merely study the illegal pollution at two of its coal plants. Due to public pressure, DENR has since retracted that settlement proposal.

The ruling is an important step forward for communities long overburdened with coal ash pollution. “It’s essential that local community groups be full parties in the enforcement actions to ensure that Duke Energy’s illegal coal ash pollution is cleaned up and that the coal ash is moved to safe, dry storage in lined landfills away from our waterways,” says Frank Holleman, senior attorney for SELC. “We’ve learned the hard way that the people of North Carolina cannot count on DENR to enforce the laws and keep our waters clean without strong pressure from conservation groups.”

N.C. coal plant neighbors ask: “At what cost?”

Tuesday, April 29th, 2014 - posted by brian

Near the beginning of our new video, “At What Cost?”, longtime Stokes County, N.C., resident Annie Brown says, “I love to turn the switch on and have my lights just like anyone else, but at what cost?”

It’s a question we should all ask of ourselves. Our everyday lives come full of choices that influence how we relate to the environment and each other. But we also must routinely direct our elected officials and the companies that sell us electricity to consider the question: at what cost do our outdated, and often dangerous, energy policies and practices come?

In the video, Brown and other residents and former residents wonder about the relationship between their communities’ health problems and their proximity to Duke Energy’s Belews Creek coal plant, the largest in the Carolinas.

Live in North Carolina? Click here to take action on coal ash.

The plant also has the largest unlined toxic coal ash pit in the state, only increasing locals’ concern about the likelihood that their health problems could be linked to the coal plant in their backyard.

Duke Energy’s marketing team says: “You don’t think about all that’s going on behind that switch, because we do.” But Annie Brown thinks about, and so do we.

North Carolina deserves better. And with the Duke Energy shareholders meeting this Thursday, and the 2014 state legislative session beginning in just two weeks, now is the time to demand stronger protections from coal ash pollution.

Please check out our Facebook and Twitter pages to help us share this video widely. If you live in North Carolina, contact your state senator and ask him or her to support legislation that will eliminate the worst threats coal ash poses to clean water.

Surprised? McCrory’s Coal Ash Proposal Falls Short

Saturday, April 19th, 2014 - posted by brian
Photo by Waterkeeper Alliance

Photo by Waterkeeper Alliance

North Carolina Gov. Pat McCrory is catching flak for a proposal on coal ash that could derail state legislators’ efforts to reform regulation of the toxic waste during the upcoming legislative session.

According to the News & Observer, McCrory’s proposal calls for “site-specific closures.” Coal ash from some ponds could be moved, other ponds would be drained and capped but likely still threaten groundwater. In other words, basically what Duke Energy has already said it plans to do.

McCrory and John Skvarla, secretary of the N.C. Department of Environment and Natural Resources, have been adamant that a one-size-fits-all approach to coal ash isn’t prudent, talking down a vocal public that believes the toxic waste should be moved from storage near waterways to safer, lined landfills.

On its face, the bill seems to signal progress, or at least make a bad situation a little bit better. For example, it would shorten the time in which Duke would have to notify the public of spills, from 48 hours to 24. OK, probably shouldn’t have been 48 hours to begin with, but we’ll take it.

Also, while the plan would not impose deadlines on Duke to address its leaky ash ponds, it would give Duke 60 days to 90 days after the plan’s passage to submit clean-up plans for ash ponds at the four plants with the most urgent pollution threats – Riverbend, Dan River, Sutton and Asheville.

Pat McCrory

Pat McCrory

But Duke already plans to remove ash from the retired Dan River plant, the site of the massive coal ash spill that reminded the public of the toxic legacy left even after coal plants are shuttered. And the company’s plans to repurpose ash from the Riverbend and Asheville plants as fill material at the Charlotte and Asheville airports are both moving forward.

So what’s the rub? After all, McCrory’s office says it still prefers that the ash be moved away from waterways. But that’s part of the problem. Leaving pond closure timelines and what to do with all that coal ash up to Duke hasn’t worked too well up to this point. The public is demanding clean water be protected, not half measures that leave people to throw their hands in the air and say “well, hopefully Duke Energy will do the right thing.”

Citizens and environmental groups sounding off about the ties between Duke, McCrory and DENR have every reason to be skeptical. DENR’s customer-first (read: industry-first) approach had people scratching their heads long before the Dan River spill in February. And early revelations of the federal criminal investigation that followed the spill only increased the lack of trust.

Perhaps to ease those concerns, Skvarla told the News & Observer that neither McCrory’s staff nor the N.C. Department of Environment and Natural Resources consulted Duke about the proposal.

“This is our legislation, not Duke’s legislation,” said Skvarla. That’s reassuring, I suppose. But the fact that it needs to be clarified does not inspire confidence.

The governor’s proposal could also overshadow other legislation that would do more to get this big dirty ball of coal ash that’s settled in North Carolina rolling. State Sen. Tom Apodaca, a member of McCrory’s party who plans to sponsor a bill strengthening coal ash regulation, says McCrory gave legislators no advance notice of the plan.

“The governor doesn’t do legislation. The legislature does legislation,” Apodaca told the Asheville Citizen-Times. “He should have worked with the folks in the legislature to be on the same page getting legislation drafted.”

Apodaca says the plan he intends to introduce would go further.

“We’re going to mandate actual timeframes to close these (ponds), especially those that are near water sources. We’re determined to get rid of the wet ash pond at Asheville.”

Environmental groups including Appalachian Voices want the state to use its authority to move coal ash to landfills licensed to store hazardous waste. The type of waste that contains arsenic, lead, mercury, you know, coal ash. But the N.C. Environmental Management Commission recently sided with Duke Energy and also appealed the ruling that gave the state the authority to do just that.

Appalachian Voices North Carolina campaign coordinator, Amy Adams, pointed out similarities between the legislation and the controversial settlement DENR asked a judge to throw out after months of intense criticism.

“Sections were essentially copied from the failed settlement between Duke and DENR, and then pasted into McCrory’s plan,” Adams said. “It fails to provide any deadlines, doesn’t require moving of the ash at all locations, and provides no standards for newly generated coal ash. This proposal protects Duke Energy, not North Carolina’s citizens.”

Click here to tell your legislators to reject the governor’s proposal and pass legislation that will move the toxic ash to safe, lined storage away from waterways.

Spring Happenings for Clean Water in N.C.

Friday, April 18th, 2014 - posted by amy
Children splash in North Carolina's Watauga River

Children splash in North Carolina’s Watauga River. Photo by Jamie Goodman

Spring is here and it’s time to go outside and enjoy the warm weather at the park or on the river! I’m so grateful for afternoons playing with my kids in the creek, teaching them about water bugs and sprouting plants. Times like these remind us of how thankful we are for clean water.

Appalachian Voices will be traveling across the state, joining our partners in hosting community earth day events and large public events. We hope you can join us for fun times outside while we advocate for coal ash clean up in North Carolina and defending clean water!

April 24 - Roanoke River Basin Association Town Hall in Henderson. Join neighbors, the RRBA and AV’s Amy Adams to discuss your coal ash concerns and work together to promote a cleanup strategy. 6 – 8 p.m. H. Leslie Perry Library, 205 Breckenridge St. Contact Deborah Ferruccio at deborahferrucio@gmail.com

April 26 – Two Earth Day festivals! The Piedmont Environmental Alliance fair in Winston-Salem Fairgrounds 10- 5 p.m. and Carolina Climate Action Earth Day in Marshall Park, Charlotte — be sure to stop by our table in Charlotte!

April 27 - “The Value of Water” in Boone — a community discussion about protecting our rights to safe water in the wake of the N.C. Dan River coal ash spill and the West Virginia Elk River chemical spill in early 2014. Hosted by AV and Boone Healing Arts Center. Event starts at 3 p.m. at the Boone Healing Arts Center, 838 State Farm Rd.

April 30 - “Light the Path Forward” in Charlotte — candlelight vigil to remember the effects of coal ash. 7:30 – 8:30 p.m. Duke Energy New Headquarters, 550 S. Tryon St.

May 1Mayday at Duke Shareholder Meeting in Charlotte — press conference and street theater outside of the Duke Energy annual shareholder meeting rallying for clean water, clean energy, environmental + racial + social justice, political transparency and a bright future for all. 9 – 11 a.m. Duke Energy Corporate Headquarters, 526 S. Church St. Also, in Winston-Salem catch a film screening and discuss coal ash concerns with Yadkin Riverkeeper, Southern Environmental Law Center and Appalachian Voices. 7 p.m., Temple Emanuel, 201 Oakwood Dr.

May 10 – Belews Paddle and Picnic in Belews Creek — family fun to support protection of Belews Lake, the Dan River, and our drinking water from coal ash pollution produced by the Belews Creek power plant. 11 – 4 p.m. Rock Hill Baptist Church, 4873 Pine Hall Rd.

May 20 - Educational forum focusing on coal ash in Arden/Asheville with Sierra Club, Western North Carolina Alliance and Appalachian Voices.

North Carolina sides with Duke Energy by appealing coal ash ruling

Wednesday, April 16th, 2014 - posted by Sarah Kellogg
A coal ash pond at Duke Energy’s Buck Power Plant. Photo by Les Stone / Greenpeace

A coal ash pond at Duke Energy’s Buck Power Plant. Photo by Les Stone / Greenpeace

Why would the state ask a judge to take away its legal authority to stop groundwater pollution?

For years, North Carolina has known that Duke Energy’s coal ash ponds are illegally contaminating groundwater. Yet the state has not taken any action to force Duke to correct the violations.

In fact, the N.C. Environmental Management Commission, the body that oversees the Department of Environment and Natural Resources and determines what DENR can enforce, determined two years ago that the state did not have the authority to make Duke clean up the source of its illegal pollution — coal ash ponds.

Last month, to the relief of concerned citizens and environmental groups, a superior court judge reversed the EMC’s prior decision, ruling that the state actually does have the legal authority to force Duke Energy to immediately clean up its coal ash ponds.

As expected, Duke Energy appealed the judge’s decision. Last week, however, in a move that surprised many, the EMC also appealed the judge’s decision. Why would the state ask a judge to take away it’s legal authority to stop groundwater pollution?

The answer likely has to do with who makes up the EMC and how they were appointed. A local Raleigh news station, WNCN, did some digging and found that at least eight of the fifteen EMC members have ties to Duke Energy or other major power companies. For example, the chairman, Benne Hutson, works for a law firm that has represented Duke Energy in court.

Given that the EMC is appointed by the Senate president pro tempore, the House speaker, and the governor — who worked for Duke Energy for 28 years — it’s not surprising that the commission has chosen to pander to corporate interests rather than adequately protect North Carolina’s water and its citizens health.