Posts Tagged ‘Red White and Water’

In memory of an inspirational leader and friend

Wednesday, November 12th, 2014 - posted by Sarah Kellogg
Annie Brown: June 28, 1950 - September 28, 2014

Annie Brown:
June 28, 1950 – September 28, 2014

Appalachian Voices and Residents for Coal Ash Cleanup lost an amazing activist and dear friend in late September with the passing of Annie Fulp Brown.

Annie lived in the rural community of Walnut Cove, N.C., her entire life. Her first priority was always her family. She lived across the street from one of her daughters and best friend, Tracey, and she would speak proudly of her grandchildren, who love reading and excel in school. She was a natural nurturer. She would tell me stories about her family all the time, about how her granddaughter would cross the street to eat breakfast at her house before school, about big plans for a 100-person Thanksgiving event, about her prayers for her husband and daughter’s health.

She was also an activist and a champion for her community. She was one of the first people in her neighborhood to speak publicly about her experience living next to the largest coal-fired power plant in the state, Duke Energy’s Belews Creek steam station. As busy as she was, she always took interviews with any media outlet that would listen to her story, from the Winston-Salem Journal to 60 Minutes. She was the rare kind of activist who is capable of boldly speaking their truth and inspiring others to join the cause — and she did it all for her family.

“I have children, and grandchildren, and even great-grandchildren. I’m a young great grandmother,” Annie says in the video At What Cost?, “I want them to be able to have a life that’s free of constant problems caused by toxins. I’m concerned about them.”

Annie’s concern was born from her experience of living next to the Belews Creek power plant for decades.

When Duke Energy built the Belews Creek power plant in the early seventies, Annie and her neighbors had to move, but only a couple of miles down the road. “We still formed that community,” Annie said, “pretty much the same people, the same families.”

Annie suffered many ailments throughout her life. But as she got older, she began to see a connection between the pollution from the Belews Creek plant and the illnesses she and her neighbors were suffering.

After the Feb. 2 coal ash spill into the Dan River, the N.C. NAACP held a town hall in Eden, N.C. Annie spoke to a church packed with more than 70 people openly and clearly about her health concerns. She showed them the list of names she had collected of people in her community that suffered from strange illnesses and early deaths. She spoke about a mysterious illness that immobilized her right hand.

Annie told the crowd about the ash that used to fill the air every day, “The place where that fly ash landed ate the paint [off the car]. I didn’t think anything of it because no one had informed us of any toxins, any poisonous metals … it was just flying in the air, my kids were out playing in it.”

Rev. William Barber, a leader of the Moral Monday movement, told Annie at the town hall, “Sometimes God allows people to live so they can give their living testimony of the hell they’ve been through so that those who are yet living will hear that testimony and take up the cause of fighting for justice.”

I know Annie desperately wanted things to change for her family and her community. She stood up and spoke out against Duke Energy’s pollution — she knew it was an injustice. It’s not every day that you meet someone willing and brave enough to put their energy into stopping injustice, but Annie was one of those people, and I feel blessed to have known her.

“She was a courageous spokesperson for her community,” reflects Kara Dodson of Appalachian Voices, “Annie had such a trustworthy, friendly personality that really connected with people and allowed them to join our fight wholeheartedly. I think her faith and love for her family is what kept her speaking out, telling her story, motivating others to care. She always had a joke, a funny story that would keep the mood hopeful. And as far as I can tell, she was born to be a fighter.”

At her Homegoing Service, the church was packed — a testament to how well loved and respected she was by her community. As we lifted our voices in song and prayer, I remembered sitting outside a different, smaller church with Annie, watching as she picked five-petaled flowers. She told me about how the flowers were good luck, and how she and her grandmother used to pick them together. She told me about growing up in Walnut Cove, about wearing dresses made of flour sacks, spying on the local moonshiner, and the time she drove her daddy’s car down the road. I’ll always remember with great fondness and admiration her stories, her strong spirit, and her unending love for her family.

Today, Residents for Coal Ash Cleanup and Appalachian Voices continue the fight to clean up the toxic coal ash that has polluted Annie’s community for decades. As the newly formed coal ash commission begins deciding how, when, and even if each coal ash site will be cleaned up, Annie’s brave words and love of her grandchildren come to mind, “Clean water is a must, for all of us.”

Read more about the community of Belews Creek here
Read about the NAACP Town Hall and watch Annie Brown’s speech here
Read one of the first articles quoting Annie Brown here

As the state falters, local governments support coal ash cleanup

Friday, June 20th, 2014 - posted by amy

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This week, the North Carolina Senate introduced a coal ash bill that would require Duke Energy to clean up coal ash at only four of its sites, potentially leaving the other 10 communities at risk from coal ash in the hands of the N.C. Department of Environment and Natural Resources and a coal ash commission that will be appointed by the legislature and Governor Pat McCrory, who worked for Duke Energy for 28 years.

But as lawsuits quietly move forward, and state government continues to fail to hold Duke accountable for its coal ash pollution, local communities are stepping up and speaking out.

Increasingly, North Carolinians who live near coal ash ponds and have seen waterways polluted are bravely speaking up about their experiences. Residents surrounding Duke Energy’s Buck Plant in Rowan County were featured in an Associated Press story this week about the high rates of cancer they have experienced in their community. Their story mirrors the stories of Belews Creek residents, who also have grave concerns about the serious impacts coal ash pollution may have on their health.

In addition to drawing attention to very serious public health and safety concerns, local communities are also stepping up to propose solutions. Since the Dan River coal ash spill in February exposed the dangers of coal ash in North Carolina, nine communities have passed city or county resolutions that call for the proper cleanup of coal ash, and another 12 communities are in the process of drafting resolutions.

Last October, Asheville made history as the first Southern city to pass a resolution to transition away from coal and replace it with renewable energy. This is a positive step toward protecting communities from coal ash pollution, which Duke and DENR have so far been incapable or unwilling to do.

Since February, the towns of Warrenton and Creedmoor, as well as the Kerr-Tar Regional Council of Governments and Warren County, have passed resolutions supporting clean up of the coal ash spilled into the Dan River and coal ash removal at Dan River Power Plant. These resolutions have demonstrated to government officials that North Carolinians take the coal ash spill very seriously, and it is because of immense public pressure that the N.C. Senate’s coal ash bill lists the Dan River plant’s ash basins as top priority for closure.

Unfortunately, the resolutions supporting clean up of all ash ponds in the Dan River Basin have not been sufficiently met by the legislature so far. As the legislature considers the lackluster coal ash bill, citizens are waiting to hear if the Belews Creek Power Plant, which houses the largest coal ash pond in the state, adjacent to the Dan River, will be included in the list of high priority sites for closure.

Several towns including Davidson, Pineville, and Matthews passed resolutions that support strong legislative action to clean up coal ash across the state. Person County, which is historically and currently a center for environmental justice activism, has passed a resolution to protect their communities from coal ash being dumped in municipal landfills. Person County’s resolution places a moratorium on dumping coal ash waste in municipal landfills. The resolution comes as a result of concern that the communities of Person County will be harmed by the toxic heavy metals contained in coal ash and that the waste should be the responsibility of the producer, Duke Energy, and stored on their own property.

The Roanoke River Basin Association, the Dan River Basin Association, and the National Wildlife Federation have also passed resolutions supporting coal ash clean up. Stokes, Vance, Franklin and Orange counties are preparing to present a resolution for consideration, as are the towns of Kinston, Goldsboro, Mint Hill, Wilmington, Durham, Greensboro and Winston-Salem.

These local resolutions are sending a loud and clear message to legislators that communities across North Carolina want strong action on coal ash. Unfortunately, though some towns may wish to move beyond resolutions and actively regulate coal ash within their jurisdiction, the Senate’s coal ash bill, as currently written, invalidates any local ordinances that “prohibit or have the effect of regulating” coal ash.

Together, we can get coal ash cleaned up across the state! Call or write to your legislator today to make sure they support strong clean up plans for all fourteen coal ash sites across North Carolina.

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.

Debunking Duke: Why Captain Abandon is a failed superhero

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

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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.

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!

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.

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.

Duke Energy Appeals Court Order to End Coal Ash Groundwater Pollution

Friday, April 4th, 2014 - posted by brian
Duke Energy says its accountable but continues to delay any real action on coal ash.

Duke Energy says it’s accountable for its coal ash pollution while evading responsibility and delaying any real action.

Duke Energy has appealed a March 6 ruling by a Wake County judge that it must take immediate action to end groundwater pollution from its coal ash ponds at its coal-fired power plants in North Carolina.

The company also asked the N.C. Court of Appeals to freeze an order to clean up its coal ash pollution until the appeal can be heard.

From the Charlotte Business Journal:

Duke contends that if the stay is not granted “years of planning … will be eliminated, and significant material costs will be imposed on Duke Energy and its customers while this matter is pending appeal.”

And if an appellate court overturns the ruling, it argues, Duke and its customers will be harmed by a ruling that is no longer in force.

If you’re skeptical that Duke Energy has invested “years of planning” into how to better manage its toxic coal waste, well, you have every reason to be.

After all, would a company that has spent years of planning to resolve its coal ash issues pump 61 million gallons of toxic wastewater from coal ash ponds directly in to the Cape Fear River and call it “routine maintenance?”

Would a company that has spent years of planning to protect the public from high hazard coal ash ponds miss a large crack in an earthen dam holding back millions of gallons of sludge?

Or how about when the state asked Duke Energy to send it comprehensive documentation on how it plans to address its coal ash problem, and the letter Gov. McCrory and the N.C. Department of Environment and Natural Resource received was four-pages long? Even DENR Secretary John Skvarla called the response “inadequate.”

“There are far too many questions left unanswered and Duke Energy should provide the information we originally requested, including the estimated costs of cleanup, plans for the future and a detailed timeline,” Skvarla said.

Don’t you think a company that has spent “years of planning” on the issue of coal ash would have some of that information? Oh, and it was only last week that Duke Energy announced it had created a “task force” to review how it handles coal ash. And the company was quick to update a website with details about its Coal Plant Decommissioning Program after the Dan River spill.

CEO Lynn Good and other Duke representatives have repeatedly said the company is accountable for the Dan River spill and coal ash pollution at other plants. So why does the company seem so focused on evading its responsibility?

Another Week of Coal Ash Coverage in North Carolina

Friday, March 28th, 2014 - posted by Sarah Kellogg

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Since Feb. 2, when the Dan River coal ash spill drew national attention to the threats coal ash poses to our waterways (again), North Carolinians have come together to tell state regulators and elected officials that the risks associated with Duke Energy’s coal ash ponds are unacceptable.

On Tuesday, the Sierra Club released a poll of more than 600 North Carolinians that showed 90 percent of voters believe Duke Energy should clean up all of its coal ash sites in the state. Of those polled, 83 percent said that coal ash should be regulated as a hazardous waste by the EPA, including majorities of Democrats (91 percent), Independents (85 percent), and Republicans (75 percent).

Support for proper storage of toxic coal ash also beyond polling data and into public life. Across the state citizens have rallied to demand Duke Energy pay to clean up its coal ash, rather than passing the costs on to their ratepayers, as the company’s CEO, Lynn Good, has suggested.

Last Saturday, North Carolinians and Virginians gathered in Eden, N.C., to support residents of Eden and the surrounding communities who love the Dan River. Organized by the Dan River Basin Association, Appalachian Voices, NC Conservation Network, and the Southern Alliance for Clean Energy, the event was an opportunity for community members to unite over food and music, provided by the very talented Dan River Girls, and stand in solidarity almost two months after the tragic and preventable coal ash spill into the Dan River.

Unfortunately, even as we celebrate all that’s beautiful about the Dan, Duke Energy continues to find new deposits of coal ash and elsewhere Duke Energy’s disregard for safety continues. After the Cape Fear Riverkeeper released aerial photographs of Duke illegally pumping toxic wastewater from coal ash ponds into the Cape Fear River, officials noticed a crack in one of the earthen dams containing the coal ash at the Cape Fear plant.

Apparently, DENR has been feeling the public pressure too. After blocking the Southern Environmental Law Center’s attempts to enforce the Clean Water Act and hold Duke accountable for unpermitted toxic discharges, DENR has asked a judge to withdraw their previous settlement with Duke Energy and allow its lawsuit to go forward.

DENR also announced that it will be working closely with the U.S. Environmental Protection Agency on how to remediate the problem of coal ash pollution in North Carolina. This seems to be a change of heart, after DENR turned down nearly $600,000 from the EPA to study the potential of fracking to damage water quality.

Click here to learn more about the Dan River coal ash spill and the problem of coal ash pollution.