Big Thank You to Gov. Purdue--No to Fracking, etc.

Environmental Coalition Praises Governor Perdue For Vetoing GOP-Backed Bills That Would Have Hurt North Carolina's Environment and Economy


Coalition includes: Clean Water for North Carolina, Environment North Carolina, Environmental Defense Fund, North Carolina Coastal Federation, NC Conservation Network, NC League of Conservation Voters, NC Sierra Club, NC Wildlife Federation, Southern Environmental Law Center, Western North Carolina Alliance and others.

Governor Perdue’s historic vetoes of S 781 and S 709 are to be commended. The 2011 session of the N.C. General Assembly has carried out a relentless assault on the environment, and Governor Perdue understands that. The legislature has attacked environmental safeguards, land conservation, financial incentives for the wise management of our natural heritage, and even environmental education. We applaud the Governor for standing up to these assaults.

S 781, Regulatory Reform Act of 2011, would have handcuffed state agencies from creating environmental protections for North Carolina’s air and water. By vetoing S 781, the Governor recognizes that North Carolinians overwhelmingly support keeping or strengthening N.C.’s environmental safeguards.

S 709, Energy Jobs Act, would have put North Carolina’s thriving coastal tourism economy at risk, in search of elusive offshore drilling revenues. The bill would have also pushed North Carolina to begin hydraulic fracturing (fracking) for natural gas, a dangerous process which contaminates groundwater and has caused devastation in other eastern states.

Also, a copy of the letter submitted to the Governor asking for the veto of anti-environmental bills, which contains a complete listing of all 33 groups, can be found at: http://www.wral.com/asset/news/state/nccapitol/2011/06/21/9758002/Env_veto.PDF

For More Information

Clean Water for North Carolina -- Hope Taylor, 919-401-9600, hope@cwfnc.org

Environment North Carolina -- Elizabeth Ouzts, 919-833-0015, elizabeth@environmentnorthcarolina.org

Environmental Defense Fund - Jane Preyer, w 919-881-2912, c 919-740-6727, jpreyer@edf.org

North Carolina Conservation Network - Brian Buzby, 919-247-3617, brian@ncconservationnetwork.org

North Carolina League of Conservation Voters - Dan Crawford, 919-839-0020, dan@nclcv.org

N.C. Wildlife Federation --Tim Gestwicki, 704-332-5696, tim@ncwf.org

N.C. Sierra Club --Molly Diggins, 919-919-833-8467, molly.diggins@sierraclub.org

Southern Environmental Law Center - Derb Carter, 919-967-1450, derbc@selcnc.org

Western North Carolina Alliance - Julie Mayfield, 828-258-8737, Julie@wnca.org

Help Elect Environmental Protectors

According to a survey conducted by Mason-Dixon Polling & Research earlier this year, only 1% of Tar Heel voters cited the environment and climate change as the most important issues facing the country today—falling below “Other” and “Not Sure.” But to maintain North Carolina’s high quality of life and to continue growing our state’s economy, we must protect the air, water, and natural resources that make North Carolina special. This is why we need now more than ever to elect candidates who will make the environment a political priority.
In the 2008 elections, CCNC helped elect 71 of the 73 candidates we endorsed. These same elected officials did the job by ensuring a pro-conservation outcome for 10 of the 12 environmental bills Conservation Council worked on during the last legislative session. Please take a look at our 2010 Legislative Scorecard at http://www.conservationcouncilnc.org/  for a complete record of the key issues scored and how your representative voted on each.

We need your help once again this year. Your vote for our endorsed, pro-conservation candidates listed below and a gift to the Conservation PAC are two of the most important things you can do to help protect North Carolina’s environment, the health of our communities, and our economy.

With the General Election right around the corner, your contribution today will help us change the way environmental decisions are made in North Carolina. Your gift of $50, $100, $250 or $1,000 will make a huge impact, but gifts of any amount are appreciated.

Please help us elect leaders who stand up for conservation and successfully ensure a pro-environment majority in the NC General Assembly. Together, we will pass strong environmental policies for North Carolina.

Sincerely,  Carrie Clark, Executive Director

P.S. Anti-environmental interests are spending more money in this election than ever before. Help us level the playing field by making your gift to the Conservation PAC today!
Remember early voting starts today October 14 and continues through October 30. You can find your early voter site at ncvoterinfo.org/

2010 Conservation PAC General Election Endorsements

North Carolina State Senate Races

District 1 – Sen. Marc Basnight, D-Dare

District 2 –Barbara Garrity-Blake, D-Craven

District 7 – Sen. Doug Berger, D-Franklin

District 9 – Jim Leutze, D-New Hanover

District 12 – Jody McCloud, D-Johnston

District 15 – Sen. Neal Hunt, R-Wake

District 16 – Sen. Josh Stein, D-Wake

District 17 – Sen. Richard Stevens, R-Wake

District 18 – Sen. Bob Atwater, D-Chatham

District 19 – Sen. Margaret Dickson, D-Cumberland

District 21 – Eric Mansfield, D-Cumberland

District 23 – Sen. Ellie Kinnaird, D-Orange

District 27 – Sen. Don Vaughan, D-Guilford

District 28 – Gladys Robinson, D-Guilford

District 36 – Sen. Fletcher Hartsell, R-Cabarrus

District 37 – Sen. Dan Clodfelter, D-Meck.

District 40 – Sen. Malcolm Graham, D-Meck.

District 44 – Beth Jones D-Burke

District 45 – Sen. Steve Goss, D-Watauga

District 49 – Sen. Martin Nesbitt, D-Buncombe


North Carolina State House Races

District 3 – Rep. Alice Underhill, D-Craven

District 5 – Rep. Annie Mobley, D-Bertie

District 7 – Rep. Angela Bryant, D-Halifax

District 9 – Rep. Marion McLawhorn, D-Pitt

District 16 – Rep. Carolyn Justice, R-New Hanover

District 19 – Rep. Danny McComas, R-New Hanover

District 20 – Rep. Dewey Hill, D-Columbus

District 21 – Rep. Larry Bell, D-Sampson

District 23 – Rep. Joe Tolson, D-Edgcombe

District 24 – Rep. Jean Farmer-Butterfield, D-Wilson

District 29 – Rep. Larry Hall, D-Durham

District 30 – Rep. Paul Luebke, D-Durham

District 33 – Rep. Rosa Gill, D-Wake

District 34 – Rep. Grier Martin, D-Wake

District 35 – Rep. Jennifer Weiss, D-Wake

District 36 – Robin Anderson, D-Wake

District 37 – Debra McHenry, D-Wake

District 38 – Rep. Deborah Ross, D-Wake

District 40 – Violet Rhinehart, D-Wake

District 41 – Rep. Chris Heagarty, D-Wake

District 44 – Rep. Diane Parfitt, D-Cumberland

District 45 – Rep. Rick Glazier, D-Cumberland

District 50 – Rep. Bill Faison, D-Orange

District 54 – Rep. Joe Hackney, D-Orange

District 55 – Rep. Winkie Wilkins, D-Person

District 56 – Rep. Verla Insko, D-Orange

District 57 – Rep. Pricey Harrison, D-Guilford

District 58 – Rep. Alma Adams, D-Guilford

District 63 – Rep. Alice Bordsen, D-Alamance

District 81 – Rep. Hugh Holliman, D-Davidson

District 85 – Beth Ostgaard, D-McDowell

District 93 – Rep. Cullie Tarleton, D-Ashe

District 99 – Rodney Moore, D-Meck.

District 100 – Rep. Tricia Cotham, D-Meck.

District 102 – Rep. Becky Carney, D-Meck.

District 103 – Ann Newman, D-Meck.

District 104 – Rep. Ruth Samuelson, R-Meck.

District 106 – Rep. Martha Alexander, D-Meck.

District 107 – Rep. Kelly Alexander, D-Meck.

District 114 – Rep. Susan Fisher, D-Buncombe

District 115 – Patsy Keever, D-Buncombe

District 117 – Chuck McGrady, R-Henderson

District 118 – Rep. Ray Rapp, D-Madison

District 119 – Rep. Phil Haire, D-Jackson

Conservation Insider Bulletin, Oct. 9

Conservation Insider Bulletin
Published weekly for the Conservation Council of North Carolina
Conservation News to Peruse & Use
Editor: Dan Besse, cib@conservationcouncilnc.org

October 9, 2009
There were mixed greens & browns in the Raleigh races this week, while in one upcoming Senate race green becomes stylish, this week in CIB:

--Campaign Watch: Raleigh Results; Senate Energy Action

--Global Warming Update: Chamber Bleeding High-Profile Membership Over Climate Obstructionism

--Washington Watch: EPA Finalizes Greenhouse Reporting Rule

--Conservationists: Remembering Margaret Pollard and Margie Ellison



Campaign Watch: Raleigh Results; Energy Steps Up as Issue in Dem Senate Race

Raleigh Results: The balance of power on the Raleigh City Council underwent an apparent shift as former council member John Odom re-took a seat over District B Councilor Rodger Koopman, an ally of strong land use planning. This is viewed as likely to end a previous Council majority for Mayor Charles Meeker's policies such as higher impact fees on development. However, other environmental allies such as Meeker himself, At-Large Councilor Russ Stephenson, and District D Councilor Thomas Crowder succeeded in retaining their seats. Local observers speculated that the heated Wake County school board races attracted many conservative voters in the North Raleigh contest which overlapped with Koopman's district, affecting that outcome.

Energy Steps Up as Issue in Dem Senate Race: So far, two North Carolina Democrats have declared their candidacies for the U.S. Senate seat now held by Richard Burr, and at least one other is nearing a decision on whether to run. Interestingly, it is the still-maybe candidate, former State Sen. Cal Cunningham, who has jumped into the debate with the greatest enthusiasm for action on clean energy / climate change legislation recently introduced in the U.S. Senate.

Cunningham traveled to Washington last week to attend the unveiling of the Barbara Boxer / John Kerry legislation on clean energy and climate change. He (along with N.C. House environmental leader Pricey Harrison, D-Guilford) is a cheerleader for that proposal.

When asked, Chapel Hill attorney Ken Lewis said he supported such legislation, and N.C. Secretary of State Elaine Marshall indicated that she was studying it. Lewis and Marshall are the two declared Democratic candidates thus far.

Global Warming Update: Chamber Bleeding High-Profile Membership Over Climate Obstructionism

Here's an encouraging twist on the ongoing, intense national debate over climate change policy. Several high-profile business organizations have dropped their memberships in the U.S. Chamber of Commerce, in protest over the Chamber's obstructionism on this issue. In contrast to many other business organizations, the U.S. Chamber has uncompromisingly fought against efforts in Congress to require reductions in U.S. emissions of greenhouse gases.

As a result, two large electric utilities dropped their memberships in late September, and this week it was electronics leader Apple, Inc. In a letter to the Chamber president, Apple vice president Catherine Novelli said, "Apple supports regulating greenhouse gas emissions, and it is frustrating to find the Chamber at odds with us in this effort." (Washington Post, 10/5/09.)

The Chamber president, Thomas J. Donohue, is receiving criticism for what some perceive as a conflict of interest between his duties to that group and his membership on the board of directors for Union Pacific Railroad. Union Pacific opposes climate action legislation, as an estimated 20% of its business comes from shipping coal. Donohue has agreed to Union Pacific's policy for its board members, which calls for them to back Union Pacific's interests in other contexts. There have been calls for him to resolve the conflict by resigning one position or the other. Thus far, he has refused. (National Public Radio, 9/28/09.)

Washington Watch: EPA Finalizes Greenhouse Reporting Rule

As expected, the U.S. Environmental Protection Agency in late September issued its final Mandatory Reporting of Greenhouse Gases Rule. The rule will require approximately 10,000 industrial facilities to monitor and report their greenhouse gas emissions. The first reports are due on March 31, 2011 for calendar year 2010 emissions. Monitoring and recordkeeping activities must begin January 1, 2010, at covered facilities. EPA rejected arguments to delay the rule's implementation for a year.

If nothing else, this helps reinforce the message to potential obstructionists in Congress and lobbying groups that action is coming on climate change. Congress can set the policy—or, the Obama Administration is signaling, the executive branch has the existing authority under previous clean air legislation to act on its own through rulemaking.

Conservationists: Remembering Margaret Pollard and Margie Ellison

Two strong environmental activists with a history of special service to North Carolina's minority communities passed away recently. Margaret Pollard was a Chatham County Commissioner, and a trail-breaker as an African-American women in that post. A community organizer for decades, she also served at times as a member of the N.C. Environmental Management Commission and as a member of the board of directors of CCNC. N.C. House Speaker Joe Hackney (D-Chatham), speaking at Pollard's funeral, told mourners, "She had a real passion for helping poor people, for helping provide good nutrition for them and building houses for them."

Margie Ellison, also African-American, served as NC WARN's organizing director since 2006 and was a founder of the Grassroots Energy Alliance. Her work for Chatham County included chairing its Human Relations Commission, and serving on both its Economic Development Board and its Green Economy Task Force. In a statement, NC WARN said that "Margie's life was dedicated to the struggle for civil rights and for social, economic, and environmental justice."

Conservation Insider Bulletin, Aug. 14

Published weekly for the Conservation Council of North Carolina

Conservation News to Peruse & Use

Editor: Dan Besse, cib@conservationcouncilnc.org
August 14, 2009

It's time for some environmental scorekeeping from the just-completed legislative session, plus a glance ahead at some of this fall's municipal campaigns, this week in CIB:

Legislative Watch: Done Deals; Lurking Menaces; Live Opportunities

Looking back over the General Assembly session just ended, here are some of the items that stand out, for good or bad.

Done Deals: The General Assembly took final action on a number of environmental priority items this year. They include the following:

--Transit finance: Gaining final passage on the last day of the session, HB 148, "Congestion Relief / Intermodal Transport Fund", could represent a major step forward for mass transit in North Carolina. The bill gives five urban counties in the Triangle and Triad regions the right to hold local referenda establishing an optional half-cent sales tax increment for transit finance—similar to the one which Mecklenburg County has used to underwrite its new light rail line. The other North Carolina counties can hold referenda on an optional quarter-cent sales tax increment for public transit funding. Wake, Durham, and Orange are expected to seek to use their new authority to boost the Triangle Transit Authority's proposed light rail system.

--Reservoir rules: Earlier in the session, environmental advocates achieved an acceptable compromise for rules to clean up Jordan Reservoir, through passage of HB 239, "Restore Water Quality in Jordan Reservoir".

--Energy action: The state's renewable energy tax credit (HB 512) was extended until 2016; and local governments were authorized to establish revolving loan funds for energy improvements (HB 1389). HB 1389 will authorize municipalities and counties to use federal stimulus and other funds to finance loans for energy efficiency and renewable energy projects. These two bills will help to keep clean energy development moving in our state during a very tough economic period.

Lurking Menaces: Some worrisome proposals were approved by one chamber or the other, keeping them alive for consideration during the "short session" in 2010, including these:

--Beach bummer: SB 832, "CRC May Permit Terminal Groin", passed the Senate and awaits consideration in the House. This terrible bill would rip a gaping hole in the state's long-standing policy of prohibiting new hard structures on the oceanfront, and lead to accelerated loss of coastal beaches.

--Wind chill: SB 1068, "Permitting of Wind Energy Facilities", which in its current form would effectively ban commercial wind generation in the mountains, was approved by the Senate. The bill started life as a generally positive proposal to systemitize the regulation of wind energy development—which is still needed—but during debate in committee, amendments were added which took a darker turn. Fortunately, the House referred the legislation to the House Energy and Energy Efficiency Committee, to be followed by review in the House Finance Committee, with final action likely in 2010. Conservationists are hopeful of repairing the proposal during that process.

-- Rule-unmaking: HB 1335, "Moratorium on EMC Rule Making", ironically passed the Senate, not the House, in its current form. After almost passing the Senate as a blanket moratorium on all Environmental Management Commission (EMC) rulemaking, it was reduced to a moratorium on rules requiring monitoring of water pollution from hog farms. Hear no evil, see no evil...and evil.

Live Opportunities: On the plus side, there are other bills still alive which offer positive opportunities, including this one:

--Local campaigns public financing: CCNC is one of many citizen groups to endorse HB 120, "Public Municipal Campaigns", which would empower the State Board of Elections to authorize more cities or towns to conduct pilot projects in public financing of local campaigns. It passed the House but couldn't quite pull together the votes for passage on the Senate floor and was returned to committee there. Why is this an environmental issue? Well, consider—the vigorous opposition to this entirely voluntary campaign reform effort was led by development interests, which are perfectly happy with their current heavy financial influence on the election of local officials. There's still a chance to move this bill forward in next year's "short session".

Campaign Watch: Green Fields

Last month, CIB invited comments on contests to watch during this fall's municipal election campaigns. Here's what we've heard thus far:

Greensboro: Joel Landau, the general manager of Deep Roots Market, is running for the Greensboro City Council seat from District 4. His experience includes membership on the Greensboro Community Sustainability Council, the Greensboro Planning Board, and the Greensboro chapter of Cool Cities (which promotes local action on climate change). Greensboro's nonpartisan October 6 primary will narrow the field in District 4 to two candidates for the November 3 general election. More information on this and the other Greensboro council races is available at www.triadpolitics.info , a site containing information prepared by the Triad's alternative newsweekly, YES Weekly.

Raleigh: Raleigh city elections routinely feature environmental themes. This year, state environmental legend Bill Holman appears in advertising for the re-election campaigns of Raleigh City Councillors Nancy McFarlane and Russ Stephenson, under the theme "Environmental Stewardship for Raleigh". Among other issue references, McFarlane touts her involvement with efforts such as "Muddy Water Watch" and the push for stronger stormwater controls. Stephenson features his advocacy for sustainable design and the reform of water resources planning.

Cary: Our Cary correspondent points to a contest of interest in Cary Council District A, where three Democratic challengers face a Republican incumbent in this officially non-partisan race. Incumbent Jennifer Robinson was previously viewed as having "strong environmental leanings", but is seen as having more recently sided with "grow at all costs" interests. The three challengers include Cynthia Sinkez, seen as a supporter of environmental causes. Cary's city elections are October 6.

Winston-Salem: There are hot contests with environmental policy implications in several of this city's districts ("wards"), both in the September 15 primary and the November 3 general election. Of these, perhaps the most interesting is the Democratic primary in the North Ward. The North Ward's current representative, Nelson Malloy (perhaps the "greenest" member of the Winston-Salem City Council), is retiring due to ill health. Three Democrats (D.D. Adams, Wayne Patterson, and Phillip Carter) are competing to take his place, and environmental matters make their lists of concerns. Adams is currently a member of the city's Sustainability Commission. Patterson speaks of his support for more bike lanes and sidewalks, preservation of green space, and expanded use of biodiesel. All three Democrats are African-American. The Democratic primary winner will be heavily favored in the general election in this majority-minority district. More information on these candidates and all the other Winston-Salem contests also can be found at www.triadpolitics.info .

We know that there's more happening out there. Reader tips on where to look for local environmental campaign items are welcome.

Washington Watch: EPA Invites Clean Water Enforcement Plan Comments

The U.S. EPA announced this week that it has created an "online discussion forum" to receive public comments on its national enforcement program on clean water laws. Comments will be received online through August 28. Comments received will be considered by the EPA Office of Enforcement and Compliance Assurance in its development of a strengthened enforcement action plan.

Information on development of the plan is available at:
http://www.epa.gov/compliance/civil/cwa/cwaenfplan.html
Comments will be taken at http://blog.epa.gov.cwaactionplan.

Conservationists: Sustainable Energy Group Seeks Nominees

The N.C. Sustainable Energy Association (NCSEA) has announced that it is seeking nominations of individuals to serve three-year terms on its board of directors, beginning this October. NCSEA bills itself as a non-profit membership organization "working to ensure a sustainable future by promoting renewable energy and energy efficiency in North Carolina through education, public policy and economic development."

Nominees must be NCSEA members (presumably, by the time they're nominated), and nominations will be accepted until 5 p.m. August 25. The NCSEA website is www.energync.org, and more info on the nominations process is available from Julie Robinson, NCSEA's Director of Marketing & Communications, at julie@energync.org.

Conservation Insider Bulletin, Aug. 7

Conservation Insider Bulletin
Published weekly for the Conservation Council of North Carolina
Conservation News to Peruse & Use
Editor: Dan Besse, cib@conservationcouncilnc.org

August 7, 2009

More complete legislative updates will be provided in future editions, but here's where some major environmental items stand as of today's CIB press time.

Budget Approved: More than a month late and pleasing no one, the General Assembly finally approved a budget. The combination of major program cuts and significant tax increases, in response to plummeting revenues caused by the deep recession, left a sour mood in all camps. In the process, critical environmental programs took their share of hard knocks. Within the context of these very rough times, Rep. Pricey Harrison (D-Guilford), chair of the House Appropriations Subcommittee on Natural and Economic Resources, reports what has to be taken as the good news. The Office of Environmental Education was not eliminated, despite a Senate recommendation to do so. The Clean Water Management Trust Fund received a $50 million appropriation—not enough to make up for what was raided by the governor to cover last year's shortfalls, but much better than nothing. Finally, the Farmland Preservation Trust Fund got $2 million. Overall, spending in the categories of "natural and economic resources" took $61.2 million in cuts compared to last year's budget.

An Ill Wind: The Senate this week approved a version of SB 106 "Permitting of Wind Energy Facilities", which would effectively ban commercial wind generation in the mountains. This unfortunate turn has pitted scenic preservationists against advocates of renewable energy development. Clean energy advocates point out that the two perspectives don't have to be taken as in fundamental conflict, and that a reasonable accommodation can both preserve scenic mountain vistas and make use of a clean, reliable energy source. The Senate-passed version of the bill fails to meet that test. Fortunately, the House referred the legislation to the House Energy and Energy Efficiency Committee, to be followed by review in the House Finance Committee. This seems to indicate that the measure will be reviewed with deliberation, and improvements will be sought. Final action will likely come in 2010.

Positive Energy: Not all the energy-related news was bad. Two important energy-related items have received late legislative approval. The state's renewable energy tax credit (HB 512) was extended until 2016; and local governments were authorized to establish revolving loan funds for energy improvements (HB 1389). HB 1389 will authorize municipalities and counties to use federal stimulus and other funds to finance loans for energy efficiency and renewable energy projects. These two bills will help to keep clean energy development moving in our state during a very tough economic period.

Judicial Watch: Roadless Rule Restored

There's good news for our national forests from the federal courts this week. The Ninth Circuit Court of Appeals (out in California) has reinstated the 2001 "roadless rule" enacted by the Clinton administration just before he left office. The court's ruling tosses out a 2005 decision by the U.S. Forest Service under the Bush administration, which had reversed the Clinton rule.

The restored Roadless Rule blocks most commercial logging, mining, and other development from 58.5 million acres of roadless areas in the national forests. These roadless areas are de facto wilderness, often including areas of our remaining old growth forest, including areas in North Carolina.

The court's decision should provide regular rule underpinning to secure the Obama administration's temporary moratorium on further development in these important wilderness areas. U.S. Interior Secretary Tom Vilsack had taken personal review of all development proposals in these areas under a directive to the Forest Service on May 28 of this year.

The Other Side: Big Coal Pays for Fake Lobbying Letters

Sometimes the machinations of the forces opposing action on climate change impress even the hardened cynics. One such case was revealed this week with news that the "American Coalition for Clean Coal Energy" was bankrolling a PR firm which sent blatantly fabricated letters opposing climate change legislation to members of Congress.

The "Clean Coal Energy" group, of course, is just a front group for the coal industry itself. Nothing new there. The PR firm it hired, Bonner & Associates, was generating "astroturf" (artificial 'grassroots' lobbying) letters to swing voters in Congress. Ho-hum, old story.

But here's the kicker. These letters weren't just goosed up by Bonner; they were made up. The letterheads of real groups, like a Hispanic network group and a Virginia NAACP chapter, were used to fake letters purportedly coming from those groups, in opposition to climate change action.

According to news reports, the newspaper Charlottesville(Va.) Daily Progress "broke" news of the scandal in the case of the fake letters sent to first-term U.S. Rep. Tom Perriello (D-VA5). Since then, other similar fakes have been found to representatives from Pennsylvania. The PR firm apparently sought to target recently elected Democrats from swing districts in states where the coal industry has political clout.

MSNBC's Rachel Maddow has had a field day reporting on the scandal this week, including an interview with Perriello. Among her points, she noted that the "shocked, shocked" reaction from the "Clean Coal Energy" group ignored a previous history of similar scams involving the Bonner firm. According to Maddow's research, the "Clean Coal" group even knew about the fake letters before the House voted on ACES (American Clean Energy and Security Act) in late June, but failed to reveal the scam.

Debate in Congress over recent weeks has focused primarily on health care reform efforts—but some scandals are just too juicy to be entirely suppressed. Lettergate may prove to be one of these.

Education & Resources: eRulemaking Site Upgrades Public Access

The EPA announced this week that its eRulemaking Program has launched a "significant upgrade" to www.regulations.gov, the site which provides "one-stop, public access to information related to current and forthcoming regulations issued by the federal government." The 8/3/09 EPA news release specifically touted "improved search capabilities, new navigation tools, and easier access to areas for the public to provide comments on proposed regulations." The EPA acts as managing agency partner for the inter-agency eRulemaking Program.

This is no doubt news eagerly awaited by the burgeoning Green Cybergeek Community, of which there may be more members than I might have thought a couple of years ago. It will probably even be useful for the rest of us who periodically need to check the content or status of a federal rulemaking proposal.

And the odds are, you heard it here first. Another scoop for CIB. Eat out your hearts, mainstream media.

Conservation Insider Bulletin, June 5

Conservation Insider Bulletin
Published weekly for the Conservation Council of North Carolina
Conservation News to Peruse & Use
Editor: Dan Besse, cib@conservationcouncilnc.org

June 5, 2009

Duke announces a big rate hike request, and a huge coastal mining operation receives a new permit, this week in CIB:

--Administrative Watch: Duke Rate Hike Would Bankroll Cliffside
--Coast Watch: Phosphate Mine Gets New Permit
--Conservationists: Yadkin Riverkeeper Wins Recognition

Administrative Watch: Duke Rate Hike Would Bankroll Cliffside

Duke Energy filed a request with the N.C. Utilities Commission this week to hike its rates by 13.5 percent for residential customers, 9.7 percent for commercial and institutional users, and 15.2 percent for industries. Duke pointed to what it said were growing capital expenses as the main reason for the big rate hike request—including its contested new coal plant under construction at Cliffside.

The Cliffside-related costs would represent Duke's largest use of the controversial "construction work in progress" (CWIP) financing technique in decades. Opponents of new coal plant construction predicted this result when North Carolina legislators adopted legislation to radically weaken limits on CWIP in 2007.

Duke's rate hike request must be reviewed and approved by the Utilities Commission before it can take effect. Industrial and other electric customers immediately signaled opposition to the Duke request and can be expected to fight it in front of the state board. The Commission denied Duke's most recent previous rate hike request in 2007—but that was before new CWIP rules went into effect.

Meanwhile, environmental groups continue to challenge the Cliffside plant's air emission permits in federal court. The N.C. Division of Air Quality has now twice approved the plant's permit, and the U.S. District Court for western North Carolina is considering whether to intervene a second time.

Coast Watch: Phosphate Mine Gets New Permit

The U.S. Army Corps of Engineers this week issued a new permit for the massive PCS Phosphates mining operation on the Pamlico River in Beaufort County. The action may spell the end of a multi-year fight over the terms of expanding surface mining operations there, or could result in further challenges.

The Section 404 water quality permit would allow the company to mine through thousands of additional acres of wetlands near the river. It's the largest single permitted wetlands destruction operation in North Carolina history. The permit was held up by EPA directive earlier this year while the Corps reassessed what it would allow the company to do.

Citizen conservation groups including the Southern Environmental Law Center have been among those challenging PCS' mining expansion plans. Among the key issues has been the company's proposal to mine through a "nationally significant" hardwood swamp forest covering the headwaters of a Pamlico tributary stream.

An EPA spokesperson reacted favorably to some changes included in the Corps-approved permit, but noted that the agency continued to review the details. EPA has a short time within which to decide whether or not to challenge the permit further. Conservation groups are also in the process of reviewing the permit details. (Some facts for this article were drawn from the Washington Daily News, 6/4/09 and 6/5/09.)

Conservationists: Yadkin Riverkeeper Wins Recognition

Dean Naujoks, Yadkin Riverkeeper, received the River Network's 2009 National River Hero Award last weekend at the organization's annual national River Rally, held this year in Baltimore. The River Network promotes clean water restoration and protection, and has about 700 partner groups around the country.

Naujoks, who has worked on the Yadkin since October 2008, previously served for seven years as the Upper Neuse Riverkeeper. Zoe Gamble Hanes, president of the Yadkin Riverkeeper group, noted that Naujoks' work has gained particular attention through his efforts to reduce toxics pollution in Badin Lake associated with the former Alcoa operations there. (Gamble Hanes is also a member of the CCNC board of directors.)

CCNC, NC Green Tie Awards

http://www.conservationcouncilnc.org/our-work/green-tie-awards-1/green-tie-awards

Conservation Insider Bulletin, April 24

Conservation Insider Bulletin
Published weekly for the Conservation Council of North Carolina
Conservation News to Peruse & Use
Editor: Dan Besse, cib@conservationcouncilnc.org
April 24, 2009

Environmental action has heated up in Raleigh, with opportunities to speak up on funding priorities and coastal issues coming soon, plus national news on climate change, this week in CIB:

--Legislative Watch: Transit Funding Advances; Mountaintop Protection Stalls; Beach Bummer Up Next; Speak Out On Budget

--Coast Watch: Offshore Drilling Hearing April 27, Climate Change & the Coast May 19

--Washington Watch: EPA Climate Action a "Game-Changer"

--Education & Resources: EPA Report Says Climate Change Will Increase Regional Ozone Pollution

Legislative Watch: Transit Funding Advances; Mountaintop Protection Stalls; Beach Bummer Up Next; Speak Out on Budget

Transit Funding Advances: The N.C. House this week voted twice by convincing margins (77-40, 75-40) to approve HB 148, "Congestion Relief / Intermodal Transport Fund", which would provide a critical public finance option for regional public transit systems. The bill, backed by environmental, municipal, and business groups alike, would permit counties to approve via public referenda a special 1/2 or 1/4 cent sales tax exclusively for the funding of public transit systems. It now goes to the Senate for consideration.

Mountaintop Protection Stalls: Legislation to protect threatened mountain environments in coal-producing states didn't fare as well. HB 340, "Appalachian Mountains Preservation Act", was heard in the House Environment and Natural Resources Committee this week. Power company representatives made dire and controversial predictions of coal shortages and electric price hikes if legislators approved this bill to bar North Carolina power plants from burning coal obtained by the environmentally devastating process of "mountaintop removal" strip mining. Facing likely defeat in committee, bill sponsors pulled back from a vote. Principal sponsor Rep. Pricey Harrison (D-Guilford) indicated that she would instead circulate a letter for concerned state legislators to sign in support of federal action to end the controversial practice altogether.

Beach Bummer Up Next: SB 832, "CRC May Permit Terminal Groin"—which CIB non-fondly calls the Beach Bummer Bill—is slated to be heard next week in the Senate Agriculture, Environment, and Natural Resources Committee. If approved, this terrible bill would rip a gaping hole in North Carolina's long-standing policies protecting our beaches and barrier islands. A host of leading coastal scientists have condemned these "terminal groins" as costly known failures, which temporarily retain sand in one spot at the expense of accelerating erosion elsewhere on the beaches. CCNC lobbyist Dan Crawford calls the bill "worse than ever" and encourages CCNC members and friends to call their Senators in opposition to SB 832.

Speak Out on Budget: Also next week, there will be important opportunities around the state to speak out for funding for pollution control enforcement, environmental education, and critical land conservation funds. On Tuesday, April 28, from 6-9 p.m., the N.C. House Appropriations Committee will hold a public hearing to receive public comments on this year's state budget. The in-person hearing will take place in Raleigh, in the auditorium of the N.C. Museum of History on Fayetteville Street. Ten community colleges around the state will host simultaneous live interactive broadcasts of the hearing in Charlotte, Dobson, Dublin, Fayetteville, Grantsboro, Henderson, Smithfield, Sylva, Williamston, and Winston-Salem. Speakers will be allowed up to three minutes for comments. Rules for speaking during the event, submitting written comments, and accessing the online broadcast are available at www.ncleg.net/sessions/2009/budget/2009/BudgetPublicHearing.html.

Coast Watch: Offshore Drilling Hearing April 27, Climate Change & the Coast May 19

Two important opportunities to address key issues for our coast are coming up soon.

This Monday, April 27, the state legislative task force on offshore drilling will hold a public hearing in Morehead City at Carteret Community College from 4-6 p.m. Public comments of two to five minutes (depending on turnout) will be heard. Coastal advocates say that the oil industry and its backers will have the "drill now" crowd bussed out in force, so it's important for the voices of environmental reason and long-term economic prosperity for our coast (fisheries and tourism) to be well-represented too. For more details, go to http://www.nccoast.org/Advocacy/2009actionalerts/offshoreoilAA.

On Tuesday, May 19, CCNC and other citizen conservation groups will host an educational event on Climate Change & the Coast, at the N.C. Botanical Gardens in Chapel Hill from 7-9 p.m. Speakers will include Dr. Stan Riggs, Distinguished Research Professor, East Carolina University, and former Secretaries of the N.C. Dept. of Environment and Natural Resources. Due to limited space, advance registration is required, at http://action.sierraclub.org/site/PageNavigator/Sign_Up_Coastal_Evening

Washington Watch: EPA Climate Action a "Game-Changer"

The U.S. EPA late last week announced its formal conclusion that human emissions of carbon dioxide and five other greenhouse gases now "endanger human health and welfare." That's the formal trigger required by a key 2007 U.S. Supreme Court decision applying the federal Clean Air Act, which now launches the formal rulemaking process for regulating those emissions.

The availability of this regulatory process helps level the national policy playing field, choking off the threat by opponents in the Senate to block climate change action by filibuster. President Obama, EPA Administrator Lisa Jackson, and Congressional supporters all say that legislation to address the issue is preferable. However, the clock is now ticking on alternative regulatory action if Congress fails to act in a timely manner.

A leading Congressional supporter of action on climate change, Rep. Ed Markey (D-MA), calls the EPA decision a "game changer" in the global warming policy debate. "It changes the playing field with respect to legislation," said Markey. "It's now no longer doing a bill or doing nothing. It is now a choice between regulation and legislation."

David Doniger, climate-policy director for the Natural Resources Defense Council, agreed. Doniger told reporters, "This has enormous legal significance. It is the first time the federal government has said officially that the science is real, the danger is real and in this case that pollution from cars contributes to it." (Associated Press, 4/18/09.)

Education & Resources: EPA Report Says Climate Change Will Increase Regional Ozone Pollution

Speaking of federal pronouncements on climate change, here's another wake-up call just released by EPA's Global Climate Change Research Program. The newly-released report concludes that continued climate change is likely to produce significant increases in summer air pollution caused by ozone in several major U.S. regions. Most of the study's modeling scenarios show North Carolina, especially Piedmont North Carolina, being especially hard hit by the resulting air pollution increases.

The entire report, titled "Assessment of the Impacts of Global Change on Regional U.S. Air Quality: A Synthesis of Climate Change Impacts on Ground-Level Ozone", including appendices, can be accessed at http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=203459.

Conservation Insider Bulletin, CCNC

Conservation Insider Bulletin
Published weekly for the Conservation Council of North Carolina
Conservation News to Peruse & Use
Editor: Dan Besse, cib@conservationcouncilnc.org
February 13, 2009

What's green in the stimulus? We may have that answer, plus more news, this week in CIB:

National environmental advocates are praising the reported results of the House-Senate conference committee compromise on the stimulus package, reached surprisingly swiftly this week. As environmentalists had hoped from the start, the huge economy-boosting spending bill includes "game-changing" appropriations for energy efficiency and renewable energy development, and a big fiscal shot for public transit as well.

In the legislative process, it's always dangerous to count one's dollars before the final signature is attached. As a consequence, this week's report comes with the caveat that the proposal must pass final votes in the House and Senate (and get the president's signature, which in this case is assured) before it is truly a done deal. With that caution, however, it appears that we now know the major components of the legislation.

In a statement released 2/12/09, League of Conservation Voters president Gene Karpinski praised the bill's contents, as reported based on conference committee deliberations. He said that it appeared that the conference report "kept the best aspects of the House and Senate versions of the bill. Tens of billions of dollars for clean energy, energy efficiency, public transportation, scientific research and a smart energy grid remain. Tens of billions set to be wasted on coal and other outdated energy sources were removed."

Karpinski also said, "As the first act of a new Congress to promote clean energy and reduce global warming pollution, this bill bodes well for the future."

The positive analysis by Karpinski and other environmental advocates is based on an understanding that the compromise bill retains over $28 billion for a series of major renewable energy and energy efficiency programs and initiatives, plus over $17 billion for rail and other public transit initiatives. Apparently axed during conference negotiations was a Senate proposal to throw $50 billion in loan guarantees at nuclear and coal power development. Again, we'll hold our final judgment until the ink is dry on the president's signature, but if these reports turn out to be accurate, we'll join in pronouncing this to be a green stimulus.

Legislative Watch: House Environmental Committees: Signup for Hot List

House Environmental Committees: Last week we reported on key Senate committee leadership. This week, it's the House's turn. As one might expect from the larger chamber, there are more committees of interest, including some newly created ones. Under Speaker Joe Hackney, there are now eight committees in need of note from an environmental basis:

--Two are Appropriations Subcommittees: Natural and Economic Resources, and Transportation. NER is co-chaired by Reps. Pricey Harrison (D-Guilford), Garland Pierce (D-Scotland), and Edith Warren (D-Pitt). Transportation is co-chaired by Reps. Nelson Cole (D-Rockingham) and Grier Martin (D-Wake). This puts two particularly strong environmental legislators (Harrison and Martin) at the head of the two key appropriations subcommittees in the House.

--Six other committees are general subject-area jurisdiction entities: Energy and Energy Efficiency, Environment and Natural Resources, Marine Resources and Aquaculture, Transportation, and Water Resources and Infrastructure. We won't attempt to lay out in this edition a comprehensive listing of the designated leaders, but here are some items of note. Rep. Angela Bryant (D-Nash) is the new chair of Energy, taking over from Pricey Harrison. Rep. Becky Carney (D-Mecklenburg) chairs Transportation—which may be significant in placing a representative of the state's only (so far) county with light rail in legislative transportation leadership. Rep. Cullie Tarleton (D-Watauga) chairs the newly created Water Resources and Infrastructure committee, and Rep. Lucy Allen (D-Franklin) chairs the Environment and Natural Resources committee.

For a complete listing of the chairs, vice chairs, and members of all House committees, you can go to http://projects.newsobserver.com/sites/projects.newsobserver.com/files/house-committees-2009.pdf and see where your representative sits.

To recap from last week, key Senate chairs are the following: Agriculture, Environment, and Natural Resources—Bob Atwater (D-Chatham); Transportation—Larry Shaw (D-Cumberland); Energy, Science, and Technology—Katie Dorsett (D-Guilford) and Joe Sam Queen (D-Haywood); Appropriations—Linda Garrou (D-Forsyth), Charlie Albertson (D-Duplin), A.B. Swindell (D-Nash), and Charlie Dannelly (D-Mecklenburg).

Signup for Hot List: CIB recipients—would you also like to receive Hot List, the Conservation Council's periodic email bulletin offering a more extended review of pending state legislation of environmental interest? Hot List comes out every week or two during the state legislative session. If you'd like to be added to that list, please just send an email with "subscribe Hot List" in the subject line to CCNC executive director Carrie Clark at carrie@conservationcouncilnc.org.

Common Agenda Detailed: Community Conservation Assistance Program (CCAP)

This week, we also start a more detailed look at some of the items comprising the "Common Agenda" of citizen environmental groups for this year's General Assembly. FYI, CCNC lobbyist Dan Crawford brings you this summary of the Community Conservation Assistance Program (CCAP):

Contaminated stormwater runoff is the number one cause of impaired surface waters in North Carolina, according to the U.S. Environmental Protection Agency. Stormwater is rain runoff from developed areas, such as roads, roofs, parking lots and driveways, that pollutes rivers, lakes and streams and triggers flooding in towns and neighborhoods.

The Community Conservation Assistance Program (CCAP) is a voluntary, incentive-based program to install stormwater best management practices on urban, suburban and rural lands. CCAP is administered by the N.C. Division of Soil and Water Conservation, which provides educational, technical and financial assistance to landowners through its network of Soil and Water Conservation Districts. Homeowners, businesses, schools, churches and other civic and community groups may be reimbursed up to 75 percent for approved stormwater retrofit projects.

CCAP was created by the General Assembly in 2006 with the support of realtor, homebuilder and environmental organizations, the NC League of Municipalities and the NC Association of County Commissioners. Currently 65 of the 96 Soil and Water Conservation Districts in North Carolina participate in CCAP.

Funding for CCAP will help stimulate the economy by providing new jobs for contractors and landscapers to conduct “public works” projects that retrofit existing sources of stormwater. This green jobs program will result in cleaner rivers, lakes and streams statewide. The Common Agenda this year asks for $3.4 million to support green jobs and water quality through CCAP.

Coast Watch: Salazar Extends Offshore Energy Study

Interior Secretary Ken Salazar this week continued revisiting some of the late Bush blunders, as he turned attention to the 11th-hour Bush Interior Department's effort to crank up offshore drill leasing on a wide front. Instead of simply stopping the process, Salazar extended the public comment period by six months—and expanded its focus to include "offshore energy" options beyond drilling, including offshore wind energy and wave energy. (Offshore wind energy is considered one of the major untapped resources for renewable energy in the United States.)

In announcing the revised public comment plans, Salazar was blunt in his criticism of the Bush initiative, which was published in the Federal Register on the last day of business before Obama's inauguration. Salazar called the Bush proposal "a headlong rush of the worst kind", "a process rigged to force hurried decisions based on bad information", and "a process tilted toward the usual energy players while renewable energy companies and the interests of American consumers and taxpayers were overlooked." (New York Times, 2/10/09.) We can't argue with that assessment.

Administrative Watch: DENR Assistants Named

The N.C. Dept. of Environment and Natural Resources (DENR) this week announced the rest of its new leadership team under the Perdue Administration and DENR Secretary Dee Freeman. Manley Wilder, previously the DENR assistant secretary for natural resources, has been moved up to chief deputy/chief operating officer. Wilder previously had been director of the N.C. Div. of Soil and Water Conservation, following a 35-year career with the U.S. Natural Resources Conservation Service.

Filling the position of Assistant Secretary for Natural Resources will be a veteran conservation advocate, David Knight, who will be coming from his current position as director of government relations for the Nature Conservancy. In his new state post, Knight will supervise the DENR divisions and work groups of Soil and Water Conservation, Forest Resources, Marine Fisheries, Parks and Recreation, the Ecosystem Enhancement Program, and Natural Resources Planning and Conservation.

Career state environmental staff person Robin W. Smith will continue as Assistant Secretary for the Environment, which position oversees the divisions of Water Quality, Air Quality, and Coastal Management, among others. Also continuing in their current roles will be Elizabeth Biser, Director of Legislative and Intergovernmental Affairs, and Diana Kees, Communications Director.

Mary Penny Thompson, DENR's general counsel, will retain that job and take on a dual role as Assistant Secretary of Information Technology.

More On "Clean" Coal

Our own Chandra Taylor (Conservation Council of NC) in the news--
updated 8:26 a.m. EST, Wed December 24, 2008

Tennessee sludge spill runs over homes, water
By Samira J. Simone CNN

(CNN) -- A wall holding back 80 acres of sludge from a coal plant in central Tennessee broke this week, spilling more than 500 million gallons of waste into the surrounding area.

Environmental Protection Agency officials are on the scene and expect the cleanup to to take four to six weeks.

The sludge, a byproduct of ash from coal combustion, was contained at a retention site at the Tennessee Valley Authority's power plant in Kingston, about 40 miles east of Knoxville, agency officials said.

The retention wall breached early Monday, sending the sludge downhill and damaging 15 homes. All the residents were evacuated, and three homes were deemed uninhabitable, a TVA spokesman told CNN.

The plant sits on a tributary of the Tennessee River called the Clinch River.

"We deeply regret that a retention wall for ash containment at our Kingston Fossil Plant failed, resulting in an ash slide and damage to nearby homes," TVA said in a statement released Tuesday.

TVA spokesman Gil Francis told CNN that up to 400 acres of land had been coated by the sludge, a bigger area than the 1989 Exxon Valdez oil spill.

Video footage showed sludge as high as 6 feet, burying porches and garage doors. The slide also downed nearby power lines, though the TVA said power had been restored to the area.

Francis said Environmental Protection Agency officials were on the scene and estimated the cleanup could take four to six weeks.

Some of the goop spilled into the tributary, but preliminary water quality tests show that the drinking water at a nearby treatment plant meets standards.

"I don't want to drink it. It doesn't look healthy to me," Jody Miles, who fishes in the Clinch River, told CNN affiliate WBIR. "Do you reckon they can bring all this life back that's going to die from all this mess?"

Still, there is the potential for more sludge to enter the water supply through waste runoff.

"We're taking steps to stabilize runoff from this incident," Francis said.

Although video from the scene shows dead fish on the banks of the tributary, he said that "in terms of toxicity, until an analysis comes in, you can't call it toxic."

One environmental attorney called that statement "irresponsible." The ash that gives sludge its thick, pudding-like consistency in this case is known as fly ash, which results from the combustion of coal.

Fly ash contains concentrated amounts of mercury, arsenic and benzine, said Chandra Taylor, staff attorney for the Southern Environmental Law Center.

"These things are naturally occurring, but they concentrate in the burning process and the residual is more toxic than it starts," she told CNN.

Appalachian environmentalists compared the mess with another spill eight years ago in eastern Kentucky, where the bottom of a coal sludge impoundment owned by Massey Energy broke into an abandoned underground mine, oozing more than 300 million gallons of coal waste into tributaries.

The water supply for more than 25,000 residents was contaminated, and aquatic life in the area perished. It took months to clean up the spill.

"If the estimates are correct, this spill is one and a half times bigger," said Dave Cooper, an environmental advocate with the Mountaintop Removal Road Show, a traveling program that explains the effect of an extreme form of mining.

While the full scope of the TVA spill is being determined, coal critics are already concerned about its long-term effects.

Cleaning up the mess, which could fill nearly 800 Olympic-size swimming pools, could take months or years, Taylor said.

"We're very concerned about how long it's going to take" to clean the spill, she told CNN.

Cooper agreed, saying, "It's 4, 5 feet deep. How are you going to scoop it up? Where are you going to put it?"

Job Opening with Conservation Council of NC

GLOBAL WARMING PROJECT COORDINATOR

The Conservation Council of North Carolina (CCNC) seeks an experienced organizer to serve as the full-time Project Coordinator for their joint partnership with the League of Conservation Voters Education Fund Global Warming Project.

In 2007, LCVEF, in partnership with state partners, launched a major campaign to elevate global warming in the 2008 presidential primaries. The Heat Is On campaign (www.heatison.org) was active in the early-voting states for more than a year. In 2008-2009, LCVEF & CCNC plan to work to make global warming a top priority for citizens, and particularly for North Carolina’s congressional delegation.

The Project Coordinator will oversee the day-to-day planning and implementation of our program.

The Project Coordinator will work closely with CCNC’s staff and coalition partners to coordinate state-level activities, conduct outreach to opinion leaders, generate earned media, and engage voters and the congressional delegation about the urgency and importance of global warming.

Responsibilities:
• Work with CCNC staff and LCVEF staff to develop and implement a year-long plan to elevate global warming as a top-tier priority in North Carolina
• Work with coalition partners to coordinate outreach and organizing efforts
• Meet with opinion leaders (reporters, editorial boards, state elected officials, donors, etc.) to engage them on the threats and opportunities associated with climate change
• Conduct outreach to non-traditional allies concerned about global warming

Qualifications:
The ideal candidates will have a college degree and several years experience in organizing and advocacy. Skills should include:
• Strong communication skills including public speaking and advocacy writing
• Strong networking skills
• Ability to work independently in a fast-paced campaign environment
• Familiarity with the issue of global warming an asset
• Strong leadership skills to build and maintain a team
• Basic computer skills

Position:
The Project Coordinator is a full-time position starting January and running through 2009. The position will be based in Raleigh, NC.

Interested Applicants: Please submit a letter of interest and resume to:
ccnc@conservationcouncilnc.org with the subject heading: NC Project Coordinator

Deadline: Applications will be accepted through December 12th, 2008

http://www.conservationcouncilnc.org
http://www.heatison.org

Conservation Council of North Carolina is an equal opportunity employer

Conservation Insider Bulletin, Nov 7

Conservation Insider Bulletin
Published weekly for the Conservation Council of North Carolina
Conservation News to Peruse & Use
Editor: Dan Besse, cib@conservationcouncilnc.org
November 7, 2008—ELECTIONS RESULTS EDITION

That cheering you hear is conservationists nationwide celebrating the end of the Bush Reign of Error, as change sweeps the electorate. We review key results nationally and in North Carolina, this week in CIB:

Campaign Watch: Green Day

Of course, our lead story of the week (the year?) is the Obama victory and the change it portends for national environmental policy. This week we include notes on the environmental role in that victory. Looking beyond the presidential contest, we also review a raft of Election Day results of critical environmental significance.

LCV Celebrates Big Day at the Polls: The national League of Conservation Voters (LCV) held a nationwide telephone briefing on Thursday to review environmental successes in the 2008 elections. LCV was an early and enthusiastic backer of the historic Barack Obama candidacy. LCV staff reported that its paid and volunteer voter contact efforts targeted green-leaning voters in six swing states (including North Carolina); Obama won all six.

In Congressional contests, LCV is also celebrating a strong performance by its endorsed candidates. Of 116 Congressional candidates endorsed by LCV or its associated state groups, 92 won and only 18 lost. As of Thursday afternoon, six contests (including both the Alaska Senate and House races) were still too close to call. Winners included seven of the 13 contests involving incumbents designated among the anti-environmental "Dirty Dozen" non-honorees. (Two of the other six were the Alaska races.) Full details are at www.lcv.org.

LCV noted that overall it and its 35 state partner groups spent a cumulative $13 million in supporting or opposing candidates in this 2008 election cycle, and that 78% of the supported candidates (Congress and state legislatures) won. Representative of the kind of candidates LCV supported is Gary Peters, who defeated "Dirty Dozen" member Rep. Joe Knollenberg to take Michigan's 9th Congressional District seat. Peters, who was known for his work at the state level to protect the Great Lakes, campaigned for Congress on the issue of reviving the domestic auto industry through investment in production of cleaner, more efficient vehicles.

In North Carolina, LCV went three for five, backing winners Kay Hagan in the U.S. Senate race, newly elected Larry Kissell (8th Congressional District), and re-elected Rep. Heath Shuler (11th District). Unfortunately, underdog Congressional contenders Roy Carter (5th District) and Daniel Johnson (10th District) fell short in very tough districts. LCV was particularly jazzed up about its statewide efforts on behalf of the Obama and Hagan campaigns. LCV noted that it spent more than $500,000 in North Carolina to contact voters here over 188,000 times via mail, phone, and canvass. Obama won North Carolina by a razor-thin margin of about 14,000 votes. LCV's ranking of Elizabeth Dole (defeated by Hagan) among its "Dirty Dozen" targets helped to frame Dole's image as an advocate for Big Oil.

CCNC Picks Do Well Statewide: CCNC enjoyed a similarly successful campaign in its statewide and state legislature efforts in 2008. Overall, CCNC's endorsed statewide candidates for governor (Bev Perdue), attorney general (Roy Cooper), and treasurer (Janet Cowell) swept to wins. In legislative races (CCNC's primary campaign focus), all 22 endorsed Senate candidates and 44 of its 48 endorsed House candidates won. (Two House races, one win and one loss, were close enough that recounts are possible.) For more details, here is the legislative contest summary from CCNC political director Brownie Newman:

There is much to report on the positive front from the Legislature. First and foremost, all but one of our pro-environmental candidates were re-elected on Tuesday. Wins include our six state Senators who occupy tough swing districts:

· Donald Davis (D-Greene), District 5 won the open seated created by the retirement of John Kerr. He defeated state Rep. Louis Pate for the position. The CPAC should feel good about supporting Davis in a tough five candidate primary as well as in the General Election. He should be a strong leader on our issues.

· Neal Hunt (R-Wake), District 15 survived the blue wave that washed across much of the urban and suburban areas of the state, winning over Democratic challenger Chris Mintz.

· Josh Stein (D-Wake), District 16 picked up the seat created by Janet Cowell’s run for State Treasurer. Stein was expected to win in the General, but as with Donald Davis, the Conservation PAC can feel good to have supported Stein where it counted in the tough Primary Election as well.

· Steve Goss (D-Watauga), District 45 still stands where lightning has now struck twice. He again won a district that by all objective measures should not be held by a Democrat. Two years ago, the Senate Republicans could be forgiven for overlooking this sleeper race but this year have no such excuse. Goss won re-election in this heavily Republican district by a margin of 53-46.

· Joe Sam Queen (D-Haywood), District 47 won his re-match with Keith Pressnell. For the first time, the race was not a complete squeaker with Queen achieving a 53-46 spread.

· John Snow (D-Cherokee), District 50 cruised to victory in his far western district by a 57-42 margin. Since Snow’s upset win in 2004, the Republicans have so far failed to recruit a strong candidate to run against Snow in a district where they should be highly competitive.

Conservation Council endorsed candidates also fared well in the NC House. Environmental champion and Speaker of the House Joe Hackney will return to the chamber with a strong hand as his Democratic majority retained their overall position in the chamber, offsetting a couple of losses with several pickups. Before outlining our long list of wins in tough districts, let me note the races where our endorsed candidates did not win:

· Barbara Garrity-Blake (D-Carteret) lost her bid to unseat Rep. Pat McElraft in District 13 by a 56-43 margin. Garrity-Blake ran a strong campaign but was swimming upstream in this Republican-leaning district.

· Al Swanstrom came up just short in his effort to unseat Rep. Nelson Dollar (R-Wake) in District 36. He lost by the smallest of margins with a 50-49 spread.

· Ed Ridpath lost his race against Rep. Paul Stam (R-Wake) in District 37 by a 53-46 margin.

· The one CPAC-endorsed incumbent to lose on election night is apparently Jim Harrell (D-Alleghany) who is behind in the vote total by a tiny number of votes.

On the plus side, we have a large number of strong environmental legislators who occupy tough swing districts who retained their seats on election day. Here are races we consider to be of particular note:

· Alice Underhill (D-Craven) retained her seat in House District 3 by a margin of 49-47. Many people continue to believe that Underhill may be the only Democrat that has the capacity to retain this seat.

· Grier Martin (D-Wake) held District 34 by a healthy margin.

· Ty Harrell (D-Wake) won re-election to House District 41 in what was one of the most targeted districts in the state by both parties.

· Alice Borden (D-Alamance) won a blowout in District 63 despite earlier nervousness among Democrats that this seat may be tough to hold this cycle.

· Cullie Tarleton (D-Watauga) won re-election to the seat (District 93) he captured two years ago in the Boone area.

· Jane Whilden (D-Buncombe) picked up the District 116, which was vacated by environmental Freshman of the Year Charles Thomas.

· Phil Haire (D-Jackson) won an easy victory in House District 119 although he only narrowly held the seat two years ago.

Complete 2008 CCNC endorsements are posted at www.ccnccpac.org and complete results will be available there soon.

Smart Growth Candidate Prevails in Wake County Voting: In addition to the national and state-level races, there were local elections with environmental ramifications across North Carolina, including both county officials and bond issues. We're not ready yet to provide a survey of noteworthy local results, but we do want to mention one, highlighted a week ago in the last 2008 pre-election CIB.

In a bellweather contest for Wake County Commissioner, smart growth advocate Stan Norwalk defeated incumbent Commissioner Kenn Gardner by a margin of 55-45 out of over 400,000 votes cast. Norwalk, a founding leader of the local planned-growth advocacy group WakeUp Wake County, won despite heavy spending on attacks against him. A group called the "N.C. Homeowners Alliance" tried to paint Norwalk as a kind of Mad Taxer because of his support for the use of land transfer taxes to help pay for the costs of public infrastructure required by new development. This so-called "Homeowners Alliance" was financially underwritten by realtor organization contributions in its campaign of anti-Norwalk mailers and robocalls. Their failure in this contest may indicate that voters are beginning to lose patience with such fulminations.

Washington Watch: Transition Team and EPA Rumors

This is the first presidential election which we can recall in which the prevailing candidate has made a major environmental issue one of the centerpieces of his campaign. For Obama, clean energy has not been a secondary topic or a minor commitment. It has been at the heart of his economic action package—in fact, his centerpiece economic proposal is a ten-year, $150 billion plan for investment in solar, wind, biofuels, and efficient vehicles to address oil dependency, fight global warming, and create enduring jobs.

Given that emphasis, it should come as no surprise that environmental leaders are playing a prominent role in the very earliest acts of Obama's transition from campaign to governance. In fact, the head of Obama's transition team, John D. Podesta, is a member of the League of Conservation Voters' (LCV) national board of directors. Podesta is a former chief of staff for the Clinton White House, who currently heads a major progressive policy research foundation, the Center for American Progress. Another member of the Obama transition team, Carol Browner, is former EPA head under Clinton and also a current member of the LCV board of directors. (By the way, CCNC executive director Carrie Clark is another of the 30-member LCV board. Pretty rarified company...)

Obama's emphasis on environmental policy means that the next head of the Environmental Protection Agency is likely to have real influence within his administration. Therefore, we take note of the early rumors on who may be in line for that post. Among the supposed candidates: Robert F. Kennedy Jr., president of the Waterkeeper Alliance and a leading environmental activist. Other names making the list of rumored possibilities include Lisa Jackson, head of New Jersey's Dept. of Environmental Protection; Robert Sussman, former deputy administrator of the EPA under Clinton; Kathleen McGinty, who has been an aide to Al Gore, chair of the Clinton Office of Environmental Policy, and head of the Pennsylvania Dept. of Environmental Protection; Mary Nichols, chair of the California Air Resources Board; and Dan Esty, a leading Obama energy advisor who heads Yale's Center for Environmental Law and Policy.

You Know This Election Is Important

[from Dan Besse]
Fellow conservationists,

I was out early yesterday afternoon working an early-voting line. By late afternoon, I was canvassing door-to-door for Obama. I'm going back out again later this afternoon.

You already know why this election is important. It pits the ticket of drill-baby-drill, double-the-nukes, and follow-the-Bush against leaders who understand what we have to do to fix climate change and save our planet for our children.

The early voting numbers are in, and early turnout was extraordinary. More than one-third of registered voters in North Carolina have already voted. Based on the makeup of the turnout so far, best estimates are that Obama is ahead by as much as six points among those who have already voted in our state.

But the other side has just kicked off its famed 72-hour get-out-the-vote machine. They're starting their "surge" (and by now, I'm sick and tired of that word). The outcome of the election for president (and senator, and governor, and on down the line) hangs in the balance of what we do between now and 7:30 p.m. Tuesday.

That's what WE do to get out our own voters. Today, tomorrow, and Tuesday--please take two hours--or more, if you can--to help get out the vote. Call your local Obama office to sign up for a shift on the phones, on the doors, or at the polls. And if you don't have your local office contact info, here's a link where you can get it:
http://my.barackobama.com/page/content/nchome

I wouldn't be pestering you two days before the vote if I didn't know that this is both the most important and the closest election in North Carolina in my lifetime. And that what we do now will decide the outcome.

A lot of folks are arguing about whether North Carolina will be red or blue come Tuesday night. Well, I want it to be green! Let's make it happen. Thanks! Dan

$3 Million to Re-elect Elizabeth Dole

http://www.kayhagan.com/action/buyingherseat
[Dole has been ineffective in office, has been rubberstamping Bush policies, is now having to 'buy' her seat.
Elect Kay Hagan, endorsed by Democrats, conservationists, educators. And vote early!]

Public Hearing, Air Pollution Deregulation, Oct. 28

NC Environmental Management Commission Public Hearing
October 28, 2008 7:00 PM
NC Division of Air Quality
Parker-Lincoln Building, Room AQ-526
2728 Capital Blvd.
Raleigh, NC 27604

AIR POLLUTION DEREGULATION: A GIANT STEP BACKWARD

We the people have a growing understanding of the dangers of deregulation—irresponsible, negligent deregulation. Now here comes the North Carolina Division of Air Quality with a proposal to deregulate more than 1,400 big air pollution sources. And they are using sleight-of-hand tricks to mask the harm.

On Tuesday October 28th in Raleigh the NC Environmental Management Commission will hear comments on this proposal to gut the health-based standards which have been in effect for decades. If adopted, the exemption would remove forever the requirement that industrial boilers limit air poisons at the property boundary. These boilers include coal-fired power plants, asphalt plants, paper mills and more. The poisons which these plants would never have to limit include arsenic, benzene, formaldehyde, hydrogen sulfide and more than a hundred others.

DAQ has added insult to potential injury by justifying the boiler exemption with a large human exposure study. The fatal flaw in the study is the use of an EPA computer model which measures inhalation only. For nearly twenty years the hardworking Science Advisory Board has conducted detailed analyses of air poisons to create the existing toxic air pollutant rules. The SAB sets specific limits for each toxin based on human exposure through every pollution pathway: water, soil and ingestion as well as inhalation. Toxic compounds deposited on soil, plants and water may be metabolized by microorganisms and ingested by fish, other animals and humans. Fat-soluble bio-accumulative substances concentrate in dairy products.

I repeat: the Human Exposure Model estimates risk from inhalation only. It cannot capture the health risks posed by, for example, formaldehyde, which is water soluble. The HEM under-reports the health impacts of dioxin—the world’s most dangerous poison. People living near smokestacks must be protected from the ingestion of dioxin.

The state’s study tells only a piece of the truth, the effect of which is a lie. The lie is that these industrial boilers are safe.

The question is obvious: why would anyone propose this exemption at all? The answer is also obvious: coal plants, asphalt plants, paper mills and others cannot now meet the pollution limits. We say if they can not meet these health-protective standards, the companies need to add pollution controls.

Moreover, the DAQ’s cost-benefit analysis which underlies the economic hardship loophole fails to take into account the costs to families of emergency room visits, missed work and school, health insurance, medicines and equipment, and chronic conditions.

We community organizers know that the people must lead. League members and concerned North Carolinians are going to Raleigh on October 28th to stand up for health-protective pollution limits and to say No to this dangerous deregulation.

Janet Marsh
Executive Director, Blue Ridge Environmental Defense League
BREDL@skybest.com

The NC DAQ is located at Exit 11 on I-440, the Raleigh Beltline.
Complete directions are posted at
http://daq.state.nc.us/motor/ms_grants/direct.shtml

Conservation Insider Bulletin, Sept 12

Conservation Council of NC Endorsements: Here it is—CCNC's comprehensive November endorsement slate! Included are 48 N.C. House candidates, 22 N.C. Senate candidates, and three Council of State candidates. The slate includes Republicans and Democrats, incumbents and challengers. Endorsement decisions are made by the CCNC Board of Directors upon recommendation of the Conservation PAC board. Factors taken into account include the voting and leadership record of incumbents, issue questionnaire responses, recommendations from local environmental leaders, and candidates' interest in receiving the CCNC endorsement. Drumroll...the envelope please:

N.C. House:

Alice Underhill, District 3, (D-Craven)
Angela Bryant, District 7, (D-Nash)
Marian McLawhorn District 9, (D-Pitt)
William Wainwright, District 12, (D-Craven)
Barbara Garrity-Blake, District 13, (D-Carteret)
Robert Grady, District 15, (R-Onslow)
Carolyn Justice, District 16, (R-Pender)
Danny McComas, District 19, (R-New Hanover)
Joe Tolson, District 23, (D-Wilson)
Jean Farmer-Butterfield, District 24, (D-Wilson)
Larry Hall, District 29, (D-Durham)
Paul Luebke, District 30, (D-Durham)
Mickey Michaux, District 31, (D-Durham)
Dan Blue, District 33, (D-Wake)
Grier Martin, District 34, (D-Wake)
Jennifer Weiss, District 35, (D-Wake)
Al Swanstrom, District 36, (D-Wake)
Ed Ridpath, District 37, (D-Wake)
Deborah Ross, District 38, (D-Wake)
Linda Coleman, District 39 (D-Wake)
Ty Harrell, District 41, (D-Wake)
Margaret Dickson, District 44, (D-Cumberland)
Rick Glazier, District 45, (D-Cumberland)
Lucy Allen, District 49, (D-Franklin)
Jimmy Love, District 51, (D-Lee)
Joe Hackney, District 54, (D-Orange)
Verla Insko, District 56, (D-Orange)
Pricey Harrison, District 57, (D-Guilford)
Alma Adams, District 58 (D-Guilford)
Maggie Jeffus, District 59, (D-Guilford)
Earl Jones, District 60, (D-Guilford)
Alice Bordsen, District 63, (D-Alamance)
Melanie Goodwin, District 66, (D-Richmond)
Larry Womble, District 71, (D-Forsyth)
Larry Brown, District 73, (R-Forsyth)
Bill McGee, District 75, (R-Forsyth)
Julia Howard, District 79, (R-Iredell)
Jim Harrell, District 90, (D-Alleghany)
Cullie Tarleton, District 93, (D-Watauga)
Tricia Cotham, District 100 (D-Mecklenburg)
Becky Carney, District 102 (D-Mecklenburg)
Ruth Samuelson, District 104 (R-Mecklenburg)
Martha Alexander, District 106 (D-Mecklenburg)
Bob England, District 112, (D-Rutherford)
Susan Fisher, District 114, (D-Buncombe)
Jane Whilden, District 116, (D-Buncombe)
Ray Rapp, District 118, (D-Madison)
Phil Haire, District 119, (D-Jackson)

N.C. Senate:

Marc Basnight, District 1 (D-Dare)
Don Davis, District 5 (D-Greene)
Doug Berger, District 7 (D-Franklin)
Charlie Albertson, District, (D-Duplin)
Neal Hunt, District 15, (R-Wake)
Josh Stein, District 16, (D-Wake)
Bob Atwater, District 18, (D-Chatham)
Tony Rand, District 19, (D-Cumberland)
Ellie Kinnaird, District 23, (D-Orange)
Tony Foriest, District 24, (D-Caswell)
Bill Purcell, District 25, (D-Scotland)
Katie Dorsett, District 28, (D-Guilford)
Linda Garrou, District 32, (D-Forysth)
Stan Bingham, District 33, (D-Davidson)
Fletcher Hartsell, District 36, (D-Cabarrus)
Dan Clodfelter, District 37, (D-Mecklenburg)
Malcolm Graham, District 40, (D-Mecklenburg)
Austin Allran, District 42, (R-Catawba)
Steve Goss, District 45, (D-Watauga)
Joe Sam Queen, District 47, (D-Haywood)
Martin Nesbitt, District 49, (D-Buncombe)
John Snow, District 50, (D-Cherokee)

Council of State:

Beverly Perdue, Governor
Roy Cooper, Attorney General
Janet Cowell, Treasurer

Between now and November, CIB will return to certain key endorsements for more detailed review.

Carter Attacked for Green Stance: CIB has previously noted U.S. Rep. Virginia Foxx's (R-NC5) enthusiasm for the drill-everywhere-now campaign of the OilHeads leading her November ticket. This week, we observe that she is fundraising on the issue with email blasts attacking her opponent (Roy Carter) for his more moderate stance. Foxx rails against the "liberal Democrat Congress" and warns that her opponent is running TV ads against her, saying, "He is a radical environmentalist named Roy Carter who has criticized my support of the "all of the above" energy plan. He is already toeing the liberal Democrat party's line by opposing drilling in America's vast oil resources in Alaska and offshore." Of course, with a sorry 10% rating on the national League of Conservation Voters (LCV) scorecard for all of the last three years, one doesn't have to be out of the American mainstream to qualify as a "radical environmentalist" on the Foxx scale. In fact, we'd worry about a candidate that she doesn't attack on that score.

(CIB Editor's Note: CCNC does not make endorsements in federal contests. Opinions expressed regarding candidates in those races are those of the Editor only, except as noted when reporting endorsements or comments from other parties.)

Coast Watch: Hatteras Settlement Upheld

When is a judicial "consent decree" not a consensus? When one side takes the issue to Congress. Local off-road vehicle fans in Dare County are trying to get Congress to overturn a federal District Court order setting out times and limits on beach driving along the Cape Hatteras National Seashore. Conservationists and the National Park Service (NPS) are defending the order.

This spring, U.S. District Court Judge Terrence Boyle issued an order (by consent agreement of the parties) to restrict beach driving in the national park, in order to protect wildlife that use the beach for nesting. Birds and sea turtles using the beach include several endangered species. The NPS reports that survival rates of one endangered bird are already up.

Disgruntled off-roaders, supported by the Dare County Commission, went to Congress, where U.S. Senators Richard Burr (R-NC) and Elizabeth Dole (R-NC) introduced legislation to dump the limits. This week, the Senate Energy and Natural Resources Committee voted down the bill by the narrowest of margins, 11-12. It was a party-line vote with the Democrats siding with conservationists and wildlife and the Republicans voting against them and for the off-road drivers. (Raleigh News & Observer, 9/11/08.)

CIB suspects that Teddy Roosevelt is spinning in his grave. Dole and Burr should watch out for a night-time visitation from the ghost of the original Rough Rider.

Administrative Watch: Moreau Steps Down at EMC

To the sorrow of many conservationists, long-time N.C. Environmental Management Commission (EMC) chair Dave Moreau announced last week that he intends to step down as commission chair. Moreau was appointed to the post by Gov. Jim Hunt in 1993 and has served in the role since that time through the administrations of Hunt and current Gov. Mike Easley. That's a total of 15 years, including two full six-year terms and the first three years of a third.

In a letter to Easley dated September 2, Moreau indicated that he was available to serve until Easley or his successor named a new chair. Moreau's current term as an EMC member does not expire until 2011. The appointment as chair of the EMC is made separately and lasts at the pleasure of the governor.

Moreau is a scientist and former head of the planning school at the University of North Carolina at Chapel Hill, as well as the N.C. Water Resources Research Institute based at N.C. State University. He has led the EMC through intense controversies over both air and water quality issues, including wetlands rules, nitrogen oxides limits, mercury restrictions, riparian buffer rules, drinking water reservoir cleanup plans, and stormwater management controls. He does not always side with environmental advocates, but is broadly respected among the environmental community for his expertise and open approach.

Molly Diggins, state director of the Sierra Club, called Moreau's retirement the "end of an era".

Conservation Insider Bulletin, July 11

Conservation Insider Bulletin
Published weekly for the Conservation Council of North Carolina
Conservation News to Peruse & Use
Editor: Dan Besse, cib@conservationcouncilnc.org

July 11, 2008

Bush punts greenhouse gas regulation over to the next administration, plus legislative and judicial news, this week in CIB:

--Washington Watch: No Responsibility on His Watch

--Legislative Watch: Watered-down Drought and Stormwater Bills Advance; Farmworker Protection Approved; Beach Hardening Continues to Lurk

--Judicial Watch: Appeals Court Throws Out CAIR

Washington Watch: No Responsibility on His Watch

In another stunning display of arrogant irresponsibility, the Bush White House has successfully forced a protesting EPA to stall off action on regulating greenhouse gases to the next administration. EPA Administrator Stephen L. Johnson announced today that the agency would release its draft "advanced notice of proposed rulemaking" together with the explanations from higher Administration sources for its rejection of that draft.

This action is remarkable in that the U.S. Supreme Court declared in April 2007 that (contrary to the Bush Administration's assertions) the EPA has the authority and duty to regulate greenhouse gas emissions. Pursuant to that directive, the EPA last December sent to the White House a report laying out the technical support for a draft rule, which concluded that greenhouse gas emissions clearly represent a threat to human welfare and further that it is economically justified to regulate them. The White House uber-bureaucrats charged with overseeing the EPA refused to receive the report, which languished in political limbo while other Administration officials prepared their rejection of its reasoning.

In plain language, what the Bush Administration has done is this: tell the Supreme Court that it doesn't like its decision, won't implement it, and by the time anybody can do anything about the refusal, they'll be gone. Here's a link to today's complete Washington Post story laying the matter out in more detail: http://www.washingtonpost.com/wp-dyn/content/article/2008/07/11/AR2008071101703.html?hpid=topnews.

CIB encourages our readers to check it out: It's breathtaking...pun intended.

Legislative Watch: Watered-down Drought and Stormwater Bills Advance; Farmworker Protection Approved; Beach Hardening Continues to Lurk

Watered-down Drought and Stormwater Bills Advance: CCNC's Director of Governmental Relations Dan Crawford reports that stakeholder negotiations have produced a classic compromise on stormwater rules (i.e., a deal with which no one is happy). Under the compromise bill, which has passed the Senate and been recommended by the House Environment and Natural Resources Committee, coastal stormwater rules would be strengthened from the status quo—but not by as much as the Environmental Management Commission (EMC) rules would have done. In the short run, CCNC is backing the compromise. In the longer run, Crawford says to state policy-makers, "We need to let them [the EMC] do their job!"

Drought management legislation has also been brought forward for consideration in compromised form. HB 2499, "Drought/Water Management Recommendations", would specify the governor's emergency powers during water shortages, and increase the authority of the N.C. Dept. of Environment and Natural Resources (DENR) to impose restrictions on local water systems during drought. However, the compromise bill fails to include specific mandatory minimum water conservation measures, and is therefore viewed as a major "missed opportunity" by conservationists.

Farmworker Protection Approved: SB 847, "Prevent Agricultural Pesticide Exposure", has been approved by the legislature and sent to the governor for his signature. Toxic Free NC (formerly the Agricultural Resource Project) hailed the bill as a victory for farmworkers, who will gain explicit protection against retaliation for reporting pesticide safety problems. The bill also strengthens pesticide use record-keeping requirements by employers.

Beach Hardening Continues to Lurk: Rumors continue to circulate that some unspecified "compromise" approach may emerge late regarding SB 599, the so-called "Inlet Stabilization Pilot Program" bill. This legislation represents the latest attempt by a small group of wealthy beachfront property owners to carve out exceptions to North Carolina's anti-hardening policies on its ocean shore. The deceptively-named "pilot programs" authorized by the bill are the same old rock groins which have long been conclusively discredited as beach protection tools. These oceanfront hard structures act only to accumulate sand in front of one spot at the expense of down-current areas. Coastal conservationists vigorously oppose this legislation, which passed the Senate last year and has been held in the House since that time. By barring new oceanfront seawalls, groins, and jetties, North Carolina has protected much of its natural beach shoreline for more than 20 years. This is no time to retreat from that sound policy.

Judicial Watch: Appeals Court Throws Out CAIR

The U.S. Court of Appeals for the D.C. Circuit this week unanimously struck down the Bush EPA's Clean Air Interstate Rule (CAIR). CAIR is a controversial rule which requires 28 states (mostly Eastern states) to reduce air pollutant emissions which travel interstate and affect smog and soot levels elsewhere. Some environmental groups defended the EPA's approach, while others challenged it as too slow and overly reliant on a "cap and trade" pollutant-trading approach.

In its ruling, the Court found that the EPA had exceeded its authority, and ordered the entire rule scrapped. The practical impact of the Court's decision will be to delay final rulemaking on the subject matter until the next presidential administration. As of CIB press time today, most environmental groups' comments on the ruling were not available online, although some were reportedly calling for Congressional action in response. Several North Carolina-based groups had criticized CAIR in 2006 as insufficiently protective of North Carolina's air.

NC Legislative Update from CCNC

Drought and Stormwater Meet the House and Senate

Support Drought Legislation. On Tuesday, the House Environment and Natural Resources Commission approved HB 2499, Drought/Water Management Recommendations. The bill now will be considered by the full House. This bill is a significant step forward for the State, specifying the governor’s emergency powers during water shortages and increasing the authority of state officials to impose restrictions on local water system during the increasing stages of drought.


The bill presented to the Committee was quickly criticized by legislators and environmental organizations because it failed to set uniform minimum conservation measures or set water-savings goals for counties across the state. Previous bill drafts had proposed such uniform conservation measures for all systems that required reduced water use by 10% and then 20% under the two worst levels of drought. But, opposition to such uniform measures quickly mounted and shamefully the mandatory minimum measures went by the wayside.


Local governments had already been charged with filing water shortage response plans with the Department of the Environment and Natural Resources(DENR) by the start of this month; however, prior to this session’s proposed legislation, no standards existed that these water shortage response plans had to meet. Section 5 of HB 2499 directs DENR to approve the local government or water system’s plan if it meets just three criteria, the two most descriptive criteria being that: the plan should includes a tiered level of water conservation measures or other response actions; and that each tier of water conservation measures should be based on increased severity of drought/water shortage that would lead to stricter water conservation measures. At Tuesday’s committee meeting, Representative Weiss wisely questioned if the current legislation by just stipulating a tiered system was adequate and expressed the need for DENR to amend this language. Much depends on these individual plans that DENR must now approve. Environmental groups on the NC Common Agenda 2008 remain strongly supportive of linking water conservation goals back to a specific, quantifiable savings for the state.


If the local government or water system fails to implement proposed restrictions during severe, extreme, or exceptional drought, this legislation allows state official s to force restrictions. Should these restrictions fail to minimize harm to public health, safety, and the environment, then even more stringent restrictions would be authorized by state officials. In a water shortage emergency, the governor is further permitted to force water sharing if the supplying system has excess water beyond their need.


On improving general state-wide efforts, Rep. Tarleton and Rep. Luebke further suggested that more public education and outreach to the public on water conservation was needed. Certainly, the public and the legislators have much to learn and do in order to prepare and manage the state’s precious water resources. HB 2499 is a welcome start. Please Support HB 2499. HB 2499 passed the third reading on the Senate floor yesterday. This afternoon, the bill was removed from the calendar, even after yesterday's unexpected caucus on the floor for amendments; but will be taken up as priority on Monday when the House meets again.


Support Stormwater Management Revisions. Stormwater regulations over this session have been rendered palatable enough to gain the “whole hearted” endorsement of the developers and general acceptance by coastal cities and municipalities. On Tuesday, SB 1967, formerly the “Disapprove Coastal Stormwater Bill” was replaced with the committee substitute, “Improve Coastal Stormwater Management,” which is the product of the series of eight negotiation meetings that began back in April. The environmental community supports the coastal stormwater compromise. The newest costal stormwater rules require stricter setback and drainage requirements for these 20 coastal counties; but some scientists and environmental regulators still think that this new rule is not enough. The environmental community believes more could have been done to protect our environment but recognizes that the “compromise” bill will protect the environment more than rules currently in place. The environmental community asks lawmakers to support the committee substitute of SB 1967. Further, the environmental community also encourages legislators oppose amendments that would upset the compromise reached at stakeholder meetings. Finally, legislators should reject efforts to disapprove or delay implementing the Coastal Stormwater Program.

We all have a responsibility to protect and enhance our state’s water quality. Chronic lowering of environmental standards and protections is a trend the State’s legislature should avoid at all costs. Great concern was expressed in the environmental community after the Honorables mentioned on Tuesday that the EMC’s authority might be repealed after, SB 1967 is voted on, to set coastal stormwater rules for a certain length of time. This pronouncement is disquieting for many outside of the legislature. If the EMC’s authority is tampered with, then those most experienced and knowledgeable on the impacts to state waters are effectively forced by the legislators to take the back seat to political considerations. Shouldn’t our water quality protection measures be based on pragmatic conservation approaches and sound science rather than political pandering?

Updates

Strengthen North Carolina's drought response.

SUPPORT H2499 (S1879)

Protect our coast from stormwater pollution.

SUPPORT the Committee Substitute for SB1967 (adopted 7/8/08)

Defend our shoreline from hardened structures.

OPPOSE S599

Stop global warming, start clean cars.

SUPPORT H 2526 and H1179(S1307)

The NC Common Agenda is endorsed by: Audubon NC / Conservation Council of NC / Environment NC / Environmental Defense Fund / NC Coastal Federation / NC Conservation Network / NC Sierra Club / Penderwatch & Conservancy / Southern Alliance for Clean Energy


Legislative Summaries

H838 Ban Incandescent Light Bulbs
This legislation would prohibit the sale of general service incandescent light bulbs in the state. Support.

H1134 Cleanup of Abandoned Manufactured Homes
This legislation would protect public health and the environment by encouraging counties to develop plans for deconstructing abandoned manufactured homes and removing reusable or recyclable components. The legislation would impose an environmental remediation tax on the sale of new and used manufactured homes to fund the deconstruction of abandoned manufactured homes. Support.

H1154 Oak Island/Erosion Setback Line
This legislation, which applies to the Town of Oak Island, alters setback rules in cases of beaches that have undergone renourishment programs. Altering the setback rules undermines sound planning principles and prudent coastal management rules that have been in place for some time. Oppose.

H1179/S1307 Clean Cars Program/Funds
This legislation would establish North Carolina's low emission vehicle program. Support.

H1611 Stormwater Requirements' cost to County/City
This legislation requires the ERC to prepare and submit a fiscal note to the county or city detailing the costs of meeting post-construction stormwater management standards. Oppose.

H1834 Local Government Economic Impact
This legislation expands the Local Government Fiscal Information Act to require an economic impact statement (EIS) rather than just a fiscal note, similar to the EIS used in the rulemaking process. This act effectively alters the procedures for all parties of local governments who expect to experience substantial economic impacts (of at least $3 million in a 12-month period) from the costs of meeting State regulations and rules. Oppose.

H1889 Present Use Value System Modifications
This legislation would provide property tax relief to landowners who manage their lands for wildlife and other conservation benefits. The House passed H1889 by an overwhelming vote in the 2007 session. This bill awaits the Senate's ruling. Support.

H1997 Economic Impact/Regulatory Legislation
This legislation would require economic impact statements (EIS) for all bills proposing regulatory changes, similar to he fiscal notes agencies must prepare during the rule making process. Oppose.

H2499 / S1879 Drought/Water Management Recommendations
This legislation requires that surface and groundwater withdrawls and transfers (between river basins) of greater than or equal to 100,000 gallons per day be registered with the Environmental Management Commission. Support.

H2506 Sedimentation Ctrl/Local Gov't Envorcement
This legislation would clarify the process for appeals from civil penalties assed by a local government that have established and approved erosion and sedimentation control programs. In keeping with a recommendation by the Environmental Review Commission, this legislation would provide local governments with such programs to issue stop work orders. Support.

H2526 Motor Vehicle Emissions Study
This legislation would direct the Environmental Review Commission, in consultation with the Department of Environment and Natural Resources, to study the costs and benefits--economic and environmental--of adopting the California motor vehicle emissions standards for the State. This act further directs that a report of findings, recommendations, and legislative proposals be submitted by 1 April 2009. Support.

H2675 Adopt-A-Trail Funds
This legislation would increase the funds for the Adopt-a-Trail Program within the Department of the Environment and Natural Resources by $892,000 for the 2008-2009 fiscal year. Support.

H2709 No Mountaintop Removal Coal Mining
This legislation would prohibit any public utility that operates a coal-fired generating unit in the State to generate electricity from purchasing or using coal extracted by mountaintop removal coal mining. This bill provides for cost recovery and appropriates funds for any utility's incremental costs of purchasing or using coal extracted by some method other than mountaintop removal coal mining. Support.

H2710 Income Tax Credit - Energy-Efficient Homes
This legislation would provide an income tax credit for builders of: state-certified energy-efficient homes, under the NC Healthy Build Homes Program, of $2,000; or the federally qualified energy-efficient home under the ENERGY STAR Program of $1,000. Support.

H2718 N.C. Green Business Fund
This legislation would change the NC Green Business Fund from a grant-making fund to a no-interest loan-making fund and would appropriate funds to the Department of Commerce for this purpose. Support.

H2720 Energy-Efficient State Motor Vehicle Fleets
This legislation would require every new passenger motor vehicle transferred to or purchasaed by the Department of Administration or by the Department of Transportation to have a fuel economy rating, as set by the U.S. EPA for the new vehicle's model year, in the top 10 percent for its class of vehicles. Support.