Southern Environmental Law Center

red wolf
Dave DeWitt

The Red Wolf Recovery program in eastern North Carolina will continue – at least for now. The U.S. Fish and Wildlife Service announced today that the 27-year old program will require some changes and further review. The agency will not release new animals into the wild while it studies the program further.

About 50-75 wild red wolves currently roam a five-county area on the Albemarle-Pamlico Peninsula.

An image of Herbert C. Bonner Bridge
Smkybear / Wikimedia Commons

The Herbert C. Bonner Bridge is old— 52 years old, to be exact. Since 1963, the aging Bonner Bridge has connected the Oregon Inlet to Rodanthe in Dare Co. and served as a link from Hatteras Island to the mainland. After years of repairs and legal tangles, the bridge is now being replaced by a new parallel bridge.

Lee County coal ash
Dave DeWitt

The Department of Environment and Natural Resources announced today that it has approved the necessary permits to transform two abandoned clay mines into coal ash storage pits.

Duke Energy intends to ship coal ash from several of its facilities across the state to the Colon Mine Site in Lee County and the Brickhaven No. 2 Mine Tract “A” in Chatham County. It was awaiting the DENR permits before it began moving ash. The Lee and Chatham County facilities will be the first lined coal ash pits in the state.

A Marcellus Shale drill rig in Pennsylvania used in the fracking process.
Ken Skipper, USGS

Advocates against fracking have won a temporary legal victory. A Wake County superior court judge has issued an injunction against awarding permits – effectively reinstating a fracking moratorium. 

The temporary injunction goes into effect today. It stops the North Carolina Mining and Energy Commission from reviewing any fracking permits.

A map of Duke Energy's 14 coal ash sites and their operational status in 14 energy plants across the state.
Duke Energy

Duke Energy’s plan to dispose of coal ash in abandoned clay mines in two North Carolina counties may hit a snag.

If coal waste was trash from your kitchen trash can, and ended up in a private landfill, the owners of that landfill would be required to pay a host fee of $2 per ton of trash.

Duke Energy’s plan to dispose of 20 million tons of coal ash in abandoned clay mines in Lee and Chatham counties should come under the same rules, say officials in Lee County.

Aerial photo: Duke Energy's coal burning facility near Salisbury, N.C.
Waterkeeper Alliance

Officials at the state Department of Environment and Natural Resources have filed suits and threatened to fine Duke over coal ash contamination.

Attorneys from the Southern Environmental Law Center are focusing on plants in Chatham, Rowan and Wayne counties. Attorney Frank Holloman says the toxic hexavalent chromium has been seeping from the Buck Steam station in Rowan County.

"All of these are substances you do not want in these quantities, in your drinking water, in your body, in what your children eat or drink, or for that matter in your fish and wildlife."

Morning on the Cape Hatteras National Seashore
Outer Banks Real Estate / Flickr Creative Commons

A provision in the proposed budget deal would allow the governor to bypass environmental reviews for road projects along the coast.

It indicates that during a state of emergency, the governor could issue an executive order to waive the required environmental permits to replace state highways along the Atlantic.

The provision is said to be a recourse for municipalities whose sole access to the mainland is a state highway.

SELC Logo
Southern Environmental Law Center

A North Carolina environmental agency is appealing a recent ruling that called for immediate action to stop groundwater contamination, caused by coal ash.

The Environmental Management Commission (EMC) is a state regulatory panel. Its members are currently appointed by three republican lawmakers. Two years ago the EMC said it didn't have the authority to force Duke Energy to clean up the causes of groundwater contamination at 14 sites around the state. Environmentalists filed a lawsuit, claiming the EMC wasn't properly reading or enforcing the law. State judge Paul Ridgeway agreed with that take last month, telling the agency it had authority to mandate that Duke deal with contaminants.

Now, that same agency is appealing the judge's ruling. 

"So the state is now on the same side of this appeal as Duke Energy, defending Duke against our effort to enforce the law against them," said DJ Gerken, an attorney with the Southern Environmental Law Center, who called this appeal astonishing. 

The Dan River bank with residual dark grey coal ash.
Steven Alexander / USFWS

Officials with the Department of Environment and Natural Resources (DENR) have announced they are abandoning a proposed settlement with Duke Energy over the clean-up of coal ash. The proposed settlement would have levied Duke with a $99,000 fine, but had no requirement to remove or clean-up coal ash at two sites in the state. 

The Riverbend steam station along the Catawba River was retired in 2013.
coalashchronicles.tumblr.com

On Friday the Department of Environment and Natural Resources (DENR) announced it plans to modify Duke Energy water permit. Those water permits are administered by the state and adhere to federal guidelines for discharge. DENR says it plans to change permits so that Duke would be required to remove all coal ash from unlined pits at two plants - one along Lake Catawba near Charlotte, the other outside of Asheville. The changes would also call for Duke to dewater and close coal ash ponds at Lake Sutton (outside of Wilmington).

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