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Language in NC Budget Would Strip Local Governments’ Ability to Pass Plastic Bag Bans and Other Waste Reduction Efforts to Protect Environment, Public Health, Landfills and Recycling Centers

Language in NC Budget Would Strip Local Governments’ Ability to Pass Plastic Bag Bans and Other Waste Reduction Efforts to Protect Environment, Public Health, Landfills and Recycling Centers

Language in NC Budget Would Strip Local Governments’ Ability to Pass Plastic Bag Bans and Other Waste Reduction Efforts to Protect Environment, Public Health, Landfills and Recycling Centers

Media Contacts: 

Karim Olaechea, Deputy Director of Strategy & Communications at MountainTrue
(828) 400-0768, karim@mountaintrue.org

Katie Craig, State Director at NCPIRG
kcraig@ncpirg.org 

Ken Brame, President of the Sierra Club’s Western North Carolina Group
(828) 423-8045,kenbrame10@gmail.com

Michelle B. Nowlin, Co-Director at Duke Environmental Law and Policy Clinic
(919) 613-8502, nowlin@law.duke.edu 

For Immediate Release

Raleigh, September 19 — A draft conference report of the state budget released to the media includes language that would prohibit counties (§ 153A-145.11) and cities (§ 160A-205.6) from passing ordinances, resolutions, or rules that would restrict, tax, or charge a fee on auxiliary containers — the definition of which includes bags, cups, bottles, and other packaging. 

This language would preempt local control and undermine existing provisions of the NC Solid Waste Management Act that give counties and cities the authority to ban single-use plastic bags and other forms of packaging and the use of plastic foam (e.g., styrofoam) in foodware. The inclusion of the preemption in the budget comes as both Asheville and Durham are considering ordinances to reduce plastic pollution, and the towns of Woodfin and Black Mountain have passed resolutions in support of a Buncombe County-wide ordinance. In 2021, Wilmington also passed a resolution encouraging the reduction of plastic waste.

Efforts to reduce plastic waste are popular among citizens and businesses. A survey from the City of Asheville received nearly 7,000 resident responses and showed support at 80%. Among 57 businesses surveyed in the Asheville area, there was widespread support for a waste reduction ordinance banning single-use plastic bags, plastic takeout containers, and styrofoam products.

The following are statements from representatives of organizations working to reduce plastic pollution: 

Hartwell Carson, French Broad Riverkeeper (a program of MountainTrue):
“Plastic pollution is a threat to our environment and the health of North Carolina residents. Our right to protect ourselves from dangerous pollutants is too important to be traded away to fossil fuel and retail industry lobbyists in backroom deals. We urge our elected officials to remove any such language and pass a clean budget.” 

Sarah Ogletree, Director of the Creation Care Alliance of WNC (a program of MountainTrue):
“This ban is about loving our neighbors—protecting the air and water we all need to survive and thrive. The General Assembly should not prevent us from living our faith by caring for God’s creation.” 

Katie Craig, State Director of the North Carolina Public Interest Research Group:
“Plastic waste threatens our health, environment, and communities. Our cities and counties often bear the impacts of our plastic waste problem, from managing recycling and landfill facilities to cleaning up litter in our parks and waterways. So, they should have a say in how their communities address the problem too. By preempting local authority to regulate single-use plastic bags, this provision threatens to undermine the ability of cities and counties in North Carolina to take meaningful steps towards sustainability, environmental protection, and the wishes of their own communities.”

Ken Brame, President of the Sierra Club’s Western North Carolina Group:
At a time when we are seeing record heat waves and flooding due to Climate Change, why would the NC General Assembly prevent local governments from reducing carbon-intensive plastic bags? Microplastics from plastic bags are being ingested and are becoming a health risk.  The General Assembly should care more about the health of its citizens than the profits of the plastic industry.”

Susannah Knox, Senior Attorney, Southern Environmental Law Center:
“This is a short-sighted attempt to take control from local governments trying to serve their communities by protecting public health and cleaning up their streets and creeks. Citizens and businesses across the state have expressed overwhelming support for reducing plastic pollution, and politicians in the General Assembly should not stand in their way.”

If you or your organization, club, or business would like to voice their support for a Plastic-Free WNC, please contact karim@mountaintrue.org

 

# # # 

Language in NC Budget Would Strip Local Governments’ Ability to Pass Plastic Bag Bans and Other Waste Reduction Efforts to Protect Environment, Public Health, Landfills and Recycling Centers

MountainTrue Statement on Town of Black Mountain Resolution in Support of a Plastic Bag Ban

MountainTrue Statement on Town of Black Mountain Resolution in Support of a Plastic Bag Ban

Black Mountain, NC — On Monday, September 11, Town Commissioners in Black Mountain unanimously (with one absence) approved a resolution calling on Buncombe County to pass an ordinance that would ban single-use plastic shopping bags at the checkout aisle and styrofoam takeout containers.

With the passage of this resolution, Black Mountain has become the second municipality within Buncombe County to call on County Commissioners to fulfill their obligation under the North Carolina Solid Waste Management Act to reduce plastic pollution. The Town of Woodfin passed a similar resolution by a vote of 5-1 on August 15, 2023. The City of Asheville is expected to take up its own plastic reduction ordinance in October after a year of planning and surveying city residents and business owners.

The following is a statement from Anna Alsobrook, MountainTrue’s French Broad Watershed Science and Policy Manager:

We know that plastic pollution is a threat to human health and to our environment. Therefore, Buncombe County Commissioners have legal responsibility under North Carolina law to protect our residents by passing a ban on single-use plastic bags and styrofoam. More than 500 local governments across 28 U.S. states have taken action to reduce plastic pollution. This should be a slamdunk; we’ve even written a model ordinance for them. If you care about the health of our communities and our environment, please join us at the next Buncombe County Board of Commissioners meeting on September 19 at 5 p.m. to let them know that you want them to take action to reduce plastic pollution.

MountainTrue, the Sierra Club’s Western North Carolina Group, the N.C. Public Interest Research Group and the Creation Care Alliance are rallying their members to attend the Buncombe County Board of Commissioners meeting on September 19 at 5 p.m. Details at mountaintrue.org.

MountainTrue and Conservation Groups prepare for lawsuit over Nantahala-Pisgah Forest Plan

MountainTrue and Conservation Groups prepare for lawsuit over Nantahala-Pisgah Forest Plan

MountainTrue and Conservation Groups prepare for lawsuit over Nantahala-Pisgah Forest Plan

Photo  of a Virginia big-eared bat by Larisa Bishop-Boros – Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=32046949

MountainTrue has joined a coalition of conservation groups in sending a letter to the U.S. Forest Service, signaling our intent to sue over glaring flaws in the Nantahala-Pisgah Forest Plan.

MountainTrue Statement: 

The US Forest Service’s management plan for the Nantahala and Pisgah National Forests is deeply flawed. The Forest Service put commercial logging first, ignored the best science available, and is needlessly putting several endangered bat species at risk of extinction. The endangered species that would be affected are the northern long-eared bat, Indiana bat, Virginia big-eared bat, and the gray bat. Two species that are being considered for the endangered species list — the little brown bat and the tricolored bat — would also be adversely affected. 

From the beginning of the drafting process, we’ve tried to work in partnership with the Forest Service and many other stakeholders to develop a responsible win-win plan for the environment, our economy, and the people of our region. MountainTrue and our experts remain ready and willing to help the Forest Service fix its plan and make it more ecologically responsible and more responsive to the needs of our communities.  

Our incredibly diverse ecosystems deserve a better plan. The people who love and use these forests deserve a better plan. And MountainTrue and our litigation partners are willing to go to court to win a plan that we can all be proud of. 

Read the 60-Day Notice of Intent to Sue for Violations of the Endangered Species Act Related to Consultation on the Nantahala-Pisgah Land Management Plan.

Our members and supporters power our Resilient Forests program. Donate today, so we can continue to protect our old-growth and mature forests, which are critical habitats for many endangered and threatened species.

Press release from the Southern Environmental Law Center, MountainTrue, Sierra Club, The Wilderness Society, Defenders of Wildlife, and Center for Biological Diversity:

For immediate release: July 26, 2023

Media Contacts:
Southern Environmental Law Center: Eric Hilt, 615-921-9470, ehilt@selctn.org
MountainTrue: Karim Olaechea, 828-400-0768, karim@mountaintrue.org
Sierra Club: David Reid, 828-713-1607, daviddbreid@charter.net
The Wilderness Society: Jen Parravani, 202-601-1931, jen_parravani@tws.org
Defenders of Wildlife: Allison Cook, 202-772-3245, acook@defenders.org
Center for Biological Diversity: Jason Totoiu, 561-568-6740, jtotoiu@biologicaldiversity.org

Conservation Groups prepare for lawsuit over Nantahala-Pisgah Forest Plan 

ASHEVILLE, N.C. —A coalition of conservation groups sent a letter to the U.S. Forest Service signaling their intent to sue unless officials fix the glaring flaws in the Nantahala-Pisgah Forest Plan that put endangered forest bats at risk. 

On Tuesday, The Southern Environmental Law Center, on behalf of MountainTrue, Sierra Club, The Wilderness Society, Defenders of Wildlife, and Center for Biological Diversity, sent a 60-day Notice of Intent to Sue, which is a prerequisite to filing a lawsuit under the Endangered Species Act. The letter explains how the Forest Service relied on inaccurate and incomplete information during the planning process, resulting in a Forest Plan that imperils endangered wildlife.

At its most basic level, the Nantahala-Pisgah Forest Plan outlines where activities like logging and roadbuilding are prioritized and where they are restricted. The Plan, published in 2023, will have a significant and lasting impact on the beloved forests and the rare animals and plants that live there.

But even though these forests are a critical refuge for hundreds of rare species, the Plan prioritizes logging in the wrong places, even when it threatens endangered wildlife. For instance, some of our most critically imperiled bats are harmed by logging and need intact mature forests to survive. However, the Forest Plan aims to quintuple the amount of heavy logging, including in parts of the forest that are vitally important for forest bats. The Notice of Intent to Sue alleges the Forest Service had information showing increased risks to endangered species but withheld that information from the Fish and Wildlife Service, which oversees endangered species protection.

At every step of the planning process, the Forest Service ignored public concerns and the best available science about the new Plan’s harms to endangered species. Instead, the agency used misleading and inaccurate information to downplay the impacts this huge increase in logging in sensitive habitats will have on sensitive wildlife. The agency now has 60 days to reconsider its decision.

Below are statements from the Southern Environmental Law Center, MountainTrue, Sierra Club, The Wilderness Society, Defenders of Wildlife, and Center for Biological Diversity:

“The Nantahala and Pisgah National Forests are home to an amazing diversity of animals and plants, including some of the most critically endangered species in the country. We cannot sit back while this irresponsible Forest Plan ignores the science, breaks the law, and puts these remarkable species at risk.” Sam Evans, leader of SELC’s National Forests and Parks Program, said. “Forest plans are revised only every 20 years or so, and our endangered bats won’t last that long unless we get this Plan right.”

“The Forest Service’s management plan for the Nantahala Pisgah National Forests is deeply flawed. The Forest Service put commercial logging first, ignored the best science available, and is needlessly putting endangered species at risk of extinction. Our incredibly diverse ecosystems deserve a better Plan. The people who love and use these forests deserve a better Plan. And MountainTrue and our litigation partners are willing to go to court to win a Plan that we can all be proud of,” said Josh Kelly, Public Lands Field Biologist for MountainTrue.

“The Pisgah and Nantahala National Forests serve as anchor points for sensitive habitat that protects a marvelous array of plant and animal species, which are increasingly under pressure. The recently released Forest Plan misses the boat for protecting key species by emphasizing activities that fragment and degrade habitat, especially for species that rely on mature and undisturbed forests. The N.C. Sierra Club will continue to work to protect the wildlife and habitats that we cannot afford to lose,” David Reid, National Forests Issue Chair for the Sierra Club, said. 

“It is unacceptable that the Nantahala-Pisgah Forest Plan puts imperiled wildlife at even greater risk of extinction. The Forest Service has blatantly ignored the best available science and shirked its legal duties to protect forest resources at nearly every step of the way in this planning process, leading to a Plan that prioritizes logging in the wrong places and trivializes intact mature and old-growth forest habitat,” said Jess Riddle, Conservation Specialist at The Wilderness Society. “At a time when wildlife species face unprecedented threat from the climate crisis, we must do everything we can to protect the biodiversity that we have. We need to use every tool in our toolbox to safeguard healthy, connected nature, including litigation, if necessary.”

“The Nantahala and Pisgah National Forests are home to several endangered bat species that have already taken a terrible hit from white nose syndrome, a deadly fungal disease that infects them while they’re hibernating,” said Jane Davenport, senior attorney at Defenders of Wildlife. “These bats rely on intact, mature forests to forage and to rear their young. Heavy logging in some of their last and best habitat on the East Coast may tip the populations over the edge. We must hold the U.S. Forest Service and Fish and Wildlife Service accountable for violating their Endangered Species Act duties to get the science right in the forest planning process.”

“It’s outrageous that this forest plan greenlights a fivefold logging increase in important bat habitat even as our bat populations plummet from disease, habitat loss and climate change,” said Jason Totoiu, a senior attorney at the Center for Biological Diversity. “This misguided Plan will destroy tens of thousands of acres and jeopardize species like the Indiana, northern long-eared, Virginia big-eared and gray bat. We will ask a court to step in to protect these highly imperiled animals.” 

###

 

2023 Craggy Mountain Bioblitz

2023 Craggy Mountain Bioblitz

2023 Craggy Mountain Bioblitz

Barnardsville, NC — In order to shine a light on the outstanding qualities of the Craggy Mountains, MountainTrue organized an in-person Bioblitz on June 10, during which 20 expert naturalists and 52 citizen scientists teamed up to explore the Craggies and identify as many plant and animal species as possible. The event was hosted by the Big Ivy Community Center, and participants submitted photos of their findings on the online iNaturalist platform. MountainTrue’s extended virtual Bioblitz — which concluded on June 25 — saw an additional 35 people sign up to further document the abundant biodiversity of the Craggy Mountains. 

Amanda Lytle, a biologist and herpetologist with Western Carolina University, said, “MountainTrue’s 2023 Bioblitz was my favorite activity of this summer so far! Being immersed in the beauty of the Pisgah National Forest is always a treat, but being there while surrounded by naturalists who are experts in their field is something special. I loved learning from the other group leaders who pointed out unique flora and fauna that can otherwise be easily overlooked. The Craggy Mountains are a biodiversity hotspot that should be protected for all to enjoy – from endemic salamanders to slime molds, this area has something for everyone.”

1,603 organisms were photographed during the MountainTrue Bioblitz, and 647 species have been identified. Notable finds include the northern pygmy salamander, Canada honeysuckle, deer-hair bullrush, Goldie’s fern, round-leaved orchid and a remarkable abundance of diverse moth species. The information collected by Bioblitz participants certainly documented the special character of the area and will be crucial in helping the Forest Service to better protect it by demonstrating to Congress that the Craggies should be designated as a permanently protected National Scenic Area. 

The Craggy Mountains are one of the mightiest sub-ranges of the Southern Blue Ridge, with at least nine peaks over 5,000′ and Craggy Dome topping out above 6,000′. The Craggies also have one of the greatest concentrations of old-growth forest and rare species in North Carolina; 32 species on the NC rare species list have occupied habitat in the Craggies. Due to their natural beauty and biological diversity, the Craggy Mountains have been proposed for permanent protection as a National Scenic Area. Doing so will require an act of Congress and the signature of the President. 

MountainTrue and its organizational partners have had several meetings with Congressman Chuck Edwards, Senator Thom Tillis, and Senator Ted Budd and their staff to discuss the creation of the Craggy Mountain National Scenic Area. The idea has been favorably received. MountainTrue encourages folks to stay tuned for more news about the proposed Craggy Mountain National Scenic Area. “We are hopeful that the future is bright for permanently protecting this special area,” says MountainTrue’s Public Lands Field Biologist, Josh Kelly.

Find Your Swimming Hole: MountainTrue Urges Public to Use Swim Guide App To Find Clean Swimming Areas this Independence Day Weekend

Find Your Swimming Hole: MountainTrue Urges Public to Use Swim Guide App To Find Clean Swimming Areas this Independence Day Weekend

Find Your Swimming Hole: MountainTrue Urges Public to Use Swim Guide App To Find Clean Swimming Areas this Independence Day Weekend

MountainTrue, a leading local environmental group, is encouraging the public to use the Swim Guide app before heading out onto the water to ensure a healthy and happy Independence Day weekend. MountainTrue is the home of the Broad Riverkeeper, French Broad Riverkeeper, Green Riverkeeper, Watauga Riverkeeper, and a Western Clean Water Team based in Murphy, North Carolina, that are dedicated to protecting the waters of the Southern Blue Ridge Mountains.

Each week between Memorial and Labor Day weekends, MountainTrue’s staff and volunteers collect and analyze water samples from 96 popular recreation spots across western North Carolina and Towns and Union Counties in northern Georgia. These samples are processed and analyzed, and the results are posted on the Swim Guide website (theswimguide.org) and the smartphone app in time for the weekend. This resource-intensive program is made possible by donations from MountainTrue’s members and the generosity of local businesses and organizations that sponsor one or more Swim Guide recreation sites.

Our Swim Guide Sponsors include Animal Hospital of BooneAppalachian Veterinary UltrasoundAsheville Fly Fishing CompanyBirdies Coffee & Treats on the FlyBlue Ridge Tourist CourtBoone CocoonBoone’s Fly Shop, City of Hiwassee, Fabbit Customs, Green River Cove Tubing, Joy Pharr Realty, Lake Adger Property Association, Mellow Mushroom Boone, Pink Mercury, The Purple Onion, Rivergirl Fishing Company, Rutherford Outdoor Coalition, Shelby Women for Progress, The SPOT, Trophy Water Guide ServiceThe Speckled Trout OutfittersTennessee Valley AuthorityWatauga Tourism Development Authority/Explore Boone, Towns County (GA), Union County (GA), Watauga River Lodge, and Zach Hobbs.

E. coli bacteria makes its way into our rivers and streams from sewer and septic leaks and in stormwater runoff — especially runoff from poorly managed animal agricultural operations. E. coli is an indicator of the presence of more harmful microbes, such as Cryptosporidium, Giardia, Shigella, and Norovirus. Contact or consumption of contaminated water can lead to gastrointestinal illness, skin infections, respiratory issues, and other health problems.

MountainTrue tests mid-week, analyzes the samples, and posts the results in time for the weekend. These tests are a snapshot in time. If tests are conducted on a Wednesday after a dry spell, the results usually look pretty good, but conditions can change rapidly following heavy rains when stormwater runoff brings pollution into our waterways. MountainTrue encourages river recreators to take extra precautions after hard rains and not to ingest or expose any open cuts or abrasions to water.

The Swim Guide lists each testing site as either passing or failing based on the U.S. Environmental Protection Agency’s 2012 Recreational Water Quality Criteria for primary contact of 126 CFU/100 mL. Waterways located in remote areas or near protected public lands with minimal agricultural and industrial pollution sources tend to be the cleanest and less impacted by stormwater runoff. Areas closer to development and polluting agricultural practices face greater risks, especially after heavy rainstorms that result in increased water runoff.

While the primary purpose of the Swim Guide is to inform the public about where it’s safe to swim, MountainTrue also uses the data collected to solve water quality problems, inform our advocacy, and push for science-based policy solutions aimed at protecting the health of our communities and supporting our river recreation economy.

The rivers of the Southern Blue Rigde are an important cultural, recreational, and economic resource for our region. In order to clean up the dirtiest rivers and protect the cleanest ones, Mountaintrue encourages policymakers to increase riparian buffers, encourage better building and farming practices and invest in upgrading aging sewer infrastructure to meet current and future needs.

To find the latest bacteria testing sites for your favorite swim area or to download the Swim Guide app, visit theswimguide.org.

A Plastic Bag Ban with a 10¢ Fee Is Best for the Environment with Limited Cost to Consumers

A Plastic Bag Ban with a 10¢ Fee Is Best for the Environment with Limited Cost to Consumers

A Plastic Bag Ban with a 10¢ Fee Is Best for the Environment with Limited Cost to Consumers

A plastic bag ban with a 10-cent fee on paper would dramatically decrease emissions of greenhouse gasses and sulfur dioxide, and the consumption of fossil fuels and fresh water at an annual cost of $3.33 per consumer — customers using EBT, SNAP, and WIC would be exempt.

Buncombe County, NC — A ban on single-use plastic grocery bags that includes a 10-cent fee on paper grocery bags would offer the highest environmental benefit to Buncombe County with limited costs for consumers, according to data assembled and analyzed by the local conservation organization MountainTrue.

Using environmental impact data provided by the American Chemistry Council — a group that lobbies and advocates on behalf of plastic bag manufacturers and the petrochemical industry — MountainTrue has calculated the environmental impacts of three scenarios: maintaining the status quo by doing nothing, adopting a plastic bag ban without a fee, and adopting a plastic bag ban that includes the 10-cent fee on paper.

 

Scenario 1 – Do Nothing: This scenario is based on current bag use multiplied by the per-bag environmental impacts as determined by the American Chemistry Council.

Scenario 2 – Post-Ban w/o Fee: This scenario assumes a conservative 50% increase in the use of paper bags after the passage of a plastic bag ban without a fee on paper bags. This is a high estimate based on data from cities that banned plastic bags without a fee on paper, which has shown increases in the range of 30%-50%.

Scenario 3 – Post-Ban w/ 10¢ Fee on Paper: This scenario assumes the passage of a plastic bag ban that includes a 10-cent fee on paper grocery bags and a corresponding 10% increase in the use of paper bags. 

While either bag ban scenario would be dramatically better for the environment than maintaining our current addiction to cheap, single-use plastic, adopting a plastic bag ban that is paired with a 10-cent fee on paper grocery bags would bring about the largest reductions in waste, pollution, and energy consumption. A bag ban with a 10-cent fee on paper bags would reduce Sulfur dioxide (SO2) emissions by 43%, fossil fuel consumption by 86%, solid waste by 66%, greenhouse gas emissions by 83%, fresh water consumption by 32%, and energy use by 73.3%. 

MountainTrue supports a plastic bag ban with a 10-cent fee on paper bags at the checkout aisle and has provided model ordinances to Asheville City Council and Buncombe County Commissioners that would additionally mandate that grocers use paper bags with at least 40% recycled content. This would further reduce environmental impacts. According to the Environmental Paper Network’s calculator, using recycled paper bags would reduce fossil fuel consumption by an additional 6.7% and greenhouse gas emissions by 30% compared to virgin paper.

These environmental benefits take into account expected increases in the consumption of paper bags after either bag ban would go into effect.

Using data and case studies from hundreds of localities that have already passed similar laws, MountainTrue estimates a 30-50% increase in paper bag consumption from a bag ban without a 10-cent fee on paper bags. MountainTrue’s preferred policy option, a bag ban with the fee, would result in a much smaller increase in paper bag consumption — approximately 10%.  

Currently, Buncombe County residents use approximately 132.4 million plastic shopping bags and 8.23 million paper shopping bags each year. Passing a plastic bag ban with a 10-cent fee on paper bags would zero out the number of new plastic bags used and result in a minimal increase in the number of paper bags to 9.05 million used per year.  

Cost to Consumers: $3.33/year

MountainTrue and the broader Plastic-Free WNC coalition are committed to passing an economically equitable policy that is not unduly burdensome to residents with lower incomes and fewer resources. We are committed to reducing this cost by partnering with City and County staff, local businesses, civic groups, and area nonprofits to educate and distribute free reusable bags to the people and families that need them most.

Case studies from around that nation have shown that the 10-cent fee on paper bags is critical to changing behavior and encouraging people to remember to bring their reusable bags to the grocery store. Additionally, the environmental benefits accrued from the fee far outweigh the minimal costs to consumers.

Our proposed ordinance would exempt customers using EBT, SNAP, and WIC from paying the 10-cent fee on paper bags. Even without that exception, the average cost to Buncombe County consumers would only be $3.33 per year, and customers can reduce or eliminate those costs by bringing reusable bags to the store. To put this in perspective, the average North Carolina resident already pays $745 per year in sales tax. (https://taxfoundation.org/sales-tax-per-capita-2019/)

MountainTrue and the broader Plastic-Free WNC coalition are advocating for the passage of an ordinance in both Asheville and Buncombe County that would ban single-use plastic grocery bags and styrofoam containers and would include a 10-cent fee on paper grocery bags. On October 11, 2022, Asheville City Council voted to begin public engagement and is due to receive a recommendation from City Staff this year. The City fielded a public survey from March 20 to April 30. Data from this survey will inform final recommendations to the city council.