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ACTION: Stop the NCGA from Stripping Local Governments of Authority to Fight Plastic Pollution

ACTION: Stop the NCGA from Stripping Local Governments of Authority to Fight Plastic Pollution

ACTION: Stop the NCGA from Stripping Local Governments of Authority to Fight Plastic Pollution

Breaking News: 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.

Plastic pollution is a threat to our environment and to the health of North Carolina residents. Email your legislators and let them know that 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.

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

 

# # # 

ACTION: Stop the NCGA from Stripping Local Governments of Authority to Fight Plastic Pollution

Take Action! Sept. 19: Plastic-Free WNC Rally at Buncombe County

Take Action! Sept. 19: Plastic-Free WNC Rally at Buncombe County

It’s time for Buncombe County to act.

Join MountainTrue, the Sierra Club’s Western North Carolina Group, the N.C. Public Interest Research Group, and the Creation Care Alliance for a rally to call on Buncombe County Commissioners to take action to protect the public and the environment from plastic pollution. The rally will begin at 4 p.m. and will feature a very exclusive appearance by our very own French Broad Mermaid, rousing remarks, and a prayer vigil led by Sarah Ogletree, Director of the Creation Care Alliance. Wear blue to show that you support a Plastic-Free WNC. 

Plastic-Free WNC Rally at Buncombe County
Tuesday, September 19
Rally at 4 p.m. | Commissioners Meeting at 5 p.m
200 College Street, Suite 300
Asheville, NC 28801

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.

Now it’s time for Buncombe County to fulfill its obligation under the NC Solid Waste Management Act to pass a common-sense law to reduce plastic pollution. 

Can’t make it to the rally? Email Buncombe County Commissioners and ask them to take action to reduce plastic pollution.

Plastic pollution is a global problem, and we must act locally to do our part.

That’s why MountainTrue is advocating for a county-wide ban on single-use plastic bags and styrofoam at grocery and retail store checkout counters paired with a 10-cent fee on paper bags. More than 500 local governments in 28 states across the country have already passed such laws to reduce plastic pollution. If we want Buncombe County to be next, we need to show them that we have broad support.

The Plastic-Free WNC ordinance would:

  • Ban the use of plastic shopping bags and styrofoam cups by fast-food restaurants, grocery stores, and retailers.

  • Charge a 10¢ fee for recyclable paper bags (made from 40% post-consumer waste) that is collected by the business.

  • Exempt customers using EBT, SNAP, and WIC from paying the 10¢ fee.

  • Encourage businesses to provide plastic straws by request only.

 

Facts About Our Ban on Single-Use Plastics

Microplastics are a dangerous emerging contaminant.
Plastics don’t biodegrade; they break down into smaller and smaller pieces of microplastic that stay in our environment for thousands of years.

These microscopic pieces of plastic waste are everywhere.
We all breathe/consume approximately one credit card’s worth of microplastics every week. Microplastics have been found in the human placenta and breast milk.

Plastic production generates as much CO2e (carbon dioxide equivalent) gas as 116 coal-fired power plants.
As of 2020, the US plastics industry was responsible for at least 232 million tons of CO2e gas emissions per year, which is the equivalent of 116 average-sized (500-megawatt) coal-fired power plants (Beyond Plastics: The New Coal: Plastics and Climate Change, 2021).

Plastic production is ramping up and much of it is for the purpose of creating wasteful, single-use plastics. 
42% of plastic production is for single-use packaging (Science Advances: Production, Use, and Fate of All Plastic Ever Made, 2017). Half of all plastics created were produced in the last 15 years (NRDC: Single-Use Plastic 101, 2020).

Plastic films account for 40% of the microplastics found in the French Broad River.
MountainTrue has conducted widespread microplastic sampling throughout the French Broad Watershed. On average, we’ve found 15.5 pieces of microplastic per 1-liter sample of water, with some samples as high as 40 or 50 pieces per liter. The most common type of microplastics in the French Broad River is films (39.5%), the sources of which are plastic bags, food packaging, and candy wrappers.

Plastics are harmful to human health.
Plastics contain 7% chemical additives on average. Researchers suspect these chemicals contribute to reproductive health problems and declining sperm counts in Western countries. Phthalates, used to enhance the durability of plastic products, are found in personal care products, food packaging, children’s toys, shower curtains, and more. These chemical additives disrupt the endocrine system and harm the reproductive and nervous systems.

Styrofoam contains a likely carcinogen that leaches into food, drinks, and water supplies.
Styrene is used to make styrofoam cups, food containers, and disposable coolers, and leaches into the food and drinks they hold and from landfills into drinking water. It’s classified as a likely human carcinogen that causes liver, kidney, and circulatory problems.

A ban on single-use plastic bags in Buncombe County would have significant environmental benefits.
A ban on single-use plastic bags paired 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% compared to plastic. Read more about the environmental benefits of our proposed ordinance here.

Our plastic bag ban would not be overly burdensome for people with lower incomes.
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.

Buncombe County has the legal authority to pass a plastic bag ban under the North Carolina Solid Waste Management Act.
The NC Solid Waste Management Act asserts that it’s North Carolina’s policy to prioritize waste reduction at the source and mandates that towns, cities, and counties implement programs and other actions to address deficiencies and “protect human health and the environment.” Because the presence of a pollutant that is harmful to human health and the environment has been documented in our region, the law mandates that local governments act.

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.

Victory – Eleven Streams in the Watauga River Basin Receive Special Protections

Victory – Eleven Streams in the Watauga River Basin Receive Special Protections

Victory – Eleven Streams in the Watauga River Basin Receive Special Protections

Congratulations! 

Thanks to your support and advocacy, eleven streams within the Watauga River Basin will now receive special protections as Outstanding Resource Waters or High-Quality Waters, starting September 1st. This remarkable achievement is a significant step in safeguarding the health of our local rivers, protecting the delicate aquatic ecosystems, and supporting the recreation economy of the High Country.

Your dedication has been instrumental in winning these stronger water-quality designations. Back in April, we called on you to stand up for these beautiful streams by emailing the Department of Environmental Quality and the Environmental Management Commission (EMC)  and attending a public hearing. Your response was overwhelming, and your passion for preserving our natural treasures was evident.

Two Ways to Support Our Clean Waters Program

Two Ways to Support Our Clean Waters Program

Make a Contribution

Your generosity helps keep our rivers, lakes, and streams fishable, swimmable, and drinkable.

Get a Hellbender Hoodie

Proceeds from our t-shirts and sweatshirts fund our Riverkeepers & Clean Waters programs.

The hard work has paid off! During their July 13th meeting, EMC Commissioner Pat Harris acknowledged that all public comments were overwhelmingly in favor of the reclassification, leading the commission to vote unanimously in favor of the new designations.

Newly Designated Outstanding Resource Waters:

  • Green Ridge Branch
  • Harrison Branch
  • Upper Laurel Fork
  • Dutch Creek
  • South Fork Ellison Branch
  • Laurel Creek
  • Shawneehaw Creek

Newly Designated High-Quality Waters:

  • Little Beaverdam Creek
  • West Fork Rube Creek
  • Stone Mountain Branch
  • Craborchard Creek

These Outstanding Resource Waters and High-Quality Waters will now benefit from stricter water quality standards, preventing the discharge of harmful pollutants that could endanger their pristine condition. These designations also create opportunities for additional buffer requirements, safeguarding these streams from runoff and pollution originating from agricultural operations, urban development, and industry.

Your support has been critical, and we couldn’t be prouder of our River Family! But we won’t stop here – the success of this campaign will serve as a model and inspiration as we pursue similar reclassification efforts in other basins.

To continue our crucial work and ensure that our rivers remain swimmable, fishable, and drinkable for future generations, we need your help. Your generous contributions make this work possible. 

Donate today, and let’s keep this momentum going!  Together, we can create a cleaner, healthier, and more prosperous future for our communities.

Thank you for being part of MountainTrue and our High Country River Family. We are deeply grateful for your commitment to our rivers and your support.

Gratefully,

Andy Hill
Watauga Riverkeeper & MountainTrue High Country Regional Director

ACTION: Stop the NCGA from Stripping Local Governments of Authority to Fight Plastic Pollution

Take Action: Ask the Town of Woodfin To Support A Ban On Single-Use Plastic Bags

Take Action: Ask the Town of Woodfin To Support A Ban On Single-Use Plastic Bags

We need you to take action to help pass a common-sense law to reduce plastic pollution in Buncombe County. The first step is getting the Town of Woodfin to pass a resolution of support.

Please email your local lawmakers and let them know you support a ban on single-use plastics.

Plastic pollution is a global problem, and we must act locally to do our part. That’s why MountainTrue is advocating for a county-wide ban on single-use plastic bags and styrofoam at grocery and retail store checkout counters paired with a 10-cent fee on paper bags.

More than 500 local governments in 28 states across the country have already passed such laws to reduce plastic pollution. If we want Buncombe County to be next, we need to show them that we have broad support.

So why are we asking you to email the Mayor and Councilpersons of the Town of Woodfin? As part of a broader multi-pronged strategy, we’re encouraging towns and cities to pass resolutions supporting such a law, which we hope will encourage our Buncombe County Commissioners to act.

To the best of our knowledge, these town officials do not oppose a ban on plastic bags. Many of the officials that we’ve spoken to are enthusiastically supportive. That’s why it’s essential that we communicate with them positively and respectfully.

Facts About Our Ban on Single-Use Plastics

Microplastics are a dangerous emerging contaminant.
Plastics don’t biodegrade; they break down into smaller and smaller pieces of microplastic that stay in our environment for thousands of years.

These microscopic pieces of plastic waste are everywhere.
We all breathe/consume approximately one credit card’s worth of microplastics every week. Microplastics have been found in the human placenta and breast milk.

Plastic production generates as much CO2e (carbon dioxide equivalent) gas as 116 coal-fired power plants.
As of 2020, the US plastics industry was responsible for at least 232 million tons of CO2e gas emissions per year, which is the equivalent of 116 average-sized (500-megawatt) coal-fired power plants (Beyond Plastics: The New Coal: Plastics and Climate Change, 2021).

Plastic production is ramping up and much of it is for the purpose of creating wasteful, single-use plastics. 
42% of plastic production is for single-use packaging (Science Advances: Production, Use, and Fate of All Plastic Ever Made, 2017). Half of all plastics created were produced in the last 15 years (NRDC: Single-Use Plastic 101, 2020).

Plastic films account for 40% of the microplastics found in the French Broad River.
MountainTrue has conducted widespread microplastic sampling throughout the French Broad Watershed. On average, we’ve found 15.5 pieces of microplastic per 1-liter sample of water, with some samples as high as 40 or 50 pieces per liter. The most common type of microplastics in the French Broad River is films (39.5%), the sources of which are plastic bags, food packaging, and candy wrappers.

Plastics are harmful to human health.
Plastics contain 7% chemical additives on average. Researchers suspect these chemicals contribute to reproductive health problems and declining sperm counts in Western countries. Phthalates, used to enhance the durability of plastic products, are found in personal care products, food packaging, children’s toys, shower curtains, and more. These chemical additives disrupt the endocrine system and harm the reproductive and nervous systems.

Styrofoam contains a likely carcinogen that leaches into food, drinks, and water supplies.
Styrene is used to make styrofoam cups, food containers, and disposable coolers, and leaches into the food and drinks they hold and from landfills into drinking water. It’s classified as a likely human carcinogen that causes liver, kidney, and circulatory problems.

A ban on single-use plastic bags in Buncombe County would have significant environmental benefits.
A ban on single-use plastic bags paired 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% compared to plastic. Read more about the environmental benefits of our proposed ordinance here.

Our plastic bag ban would not be overly burdensome for people with lower incomes.
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.

Buncombe County has the legal authority to pass a plastic bag ban under the North Carolina Solid Waste Management Act.
The NC Solid Waste Management Act asserts that it’s North Carolina’s policy to prioritize waste reduction at the source and mandates that towns, cities, and counties implement programs and other actions to address deficiencies and “protect human health and the environment.” Because the presence of a pollutant that is harmful to human health and the environment has been documented in our region, the law mandates that local governments act.

ACTION: Stop the NCGA from Stripping Local Governments of Authority to Fight Plastic Pollution

Take Action: Ask the Town of Black Mountain To Support A Ban On Single-Use Plastic Bags

Take Action: Ask the Town of Black Mountain To Support A Ban On Single-Use Plastic Bags

We need you to take action to help pass a common-sense law to reduce plastic pollution in Buncombe County. The first step is getting the Town of Black Mountain to pass a resolution of support.

Please email your local lawmakers and let them know you support a ban on single-use plastics.

Plastic pollution is a global problem, and we must act locally to do our part. That’s why MountainTrue is advocating for a county-wide ban on single-use plastic bags and styrofoam at grocery and retail store checkout counters paired with a 10-cent fee on paper bags.

More than 500 local governments in 28 states across the country have already passed such laws to reduce plastic pollution. If we want Buncombe County to be next, we need to show them that we have broad support.

So why are we asking you to email the Mayor and Councilpersons of the Town of Black Mountain? As part of a broader multi-pronged strategy, we’re encouraging towns and cities to pass resolutions supporting such a law, which we hope will encourage our Buncombe County Commissioners to act.

To the best of our knowledge, these town officials do not oppose a ban on plastic bags. Many of the officials that we’ve spoken to are enthusiastically supportive. That’s why it’s essential that we communicate with them positively and respectfully.

Facts About Our Ban on Single-Use Plastics

Microplastics are a dangerous emerging contaminant.
Plastics don’t biodegrade; they break down into smaller and smaller pieces of microplastic that stay in our environment for thousands of years.

These microscopic pieces of plastic waste are everywhere.
We all breathe/consume approximately one credit card’s worth of microplastics every week. Microplastics have been found in the human placenta and breast milk.

Plastic production generates as much CO2e (carbon dioxide equivalent) gas as 116 coal-fired power plants.
As of 2020, the US plastics industry was responsible for at least 232 million tons of CO2e gas emissions per year, which is the equivalent of 116 average-sized (500-megawatt) coal-fired power plants (Beyond Plastics: The New Coal: Plastics and Climate Change, 2021).

Plastic production is ramping up and much of it is for the purpose of creating wasteful, single-use plastics. 
42% of plastic production is for single-use packaging (Science Advances: Production, Use, and Fate of All Plastic Ever Made, 2017). Half of all plastics created were produced in the last 15 years (NRDC: Single-Use Plastic 101, 2020).

Plastic films account for 40% of the microplastics found in the French Broad River.
MountainTrue has conducted widespread microplastic sampling throughout the French Broad Watershed. On average, we’ve found 15.5 pieces of microplastic per 1-liter sample of water, with some samples as high as 40 or 50 pieces per liter. The most common type of microplastics in the French Broad River is films (39.5%), the sources of which are plastic bags, food packaging, and candy wrappers.

Plastics are harmful to human health.
Plastics contain 7% chemical additives on average. Researchers suspect these chemicals contribute to reproductive health problems and declining sperm counts in Western countries. Phthalates, used to enhance the durability of plastic products, are found in personal care products, food packaging, children’s toys, shower curtains, and more. These chemical additives disrupt the endocrine system and harm the reproductive and nervous systems.

Styrofoam contains a likely carcinogen that leaches into food, drinks, and water supplies.
Styrene is used to make styrofoam cups, food containers, and disposable coolers, and leaches into the food and drinks they hold and from landfills into drinking water. It’s classified as a likely human carcinogen that causes liver, kidney, and circulatory problems.

A ban on single-use plastic bags in Buncombe County would have significant environmental benefits.
A ban on single-use plastic bags paired 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% compared to plastic. Read more about the environmental benefits of our proposed ordinance here.

Our plastic bag ban would not be overly burdensome for people with lower incomes.
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.

Buncombe County has the legal authority to pass a plastic bag ban under the North Carolina Solid Waste Management Act.
The NC Solid Waste Management Act asserts that it’s North Carolina’s policy to prioritize waste reduction at the source and mandates that towns, cities, and counties implement programs and other actions to address deficiencies and “protect human health and the environment.” Because the presence of a pollutant that is harmful to human health and the environment has been documented in our region, the law mandates that local governments act.

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.” 

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Take Action: Manage Pisgah and Nantahala National Forests in line with our Climate Reality

Take Action: Manage Pisgah and Nantahala National Forests in line with our Climate Reality

Take Action: Manage Pisgah and Nantahala National Forests in line with our Climate Reality

Public Comments Due by July 20, 2023

Our national forests are public treasures and should be managed to maintain the health of our environment and best serve our communities’ current and future needs. The Forest Service is soliciting public feedback on how it should adapt current policies to protect, conserve, and manage mature and old-growth forests on public lands for climate resilience. 

Climate change will significantly impact our region, our uniquely bio-diverse ecosystems, and our watersheds. Yet, here in Western North Carolina, the Forest Service has maintained an outdated focus on exploiting our forests for commercial logging, and this year they finalized a new Forest Management Plan that could allow logging on 60% of the Nantahala-Pisgah National Forests’ one million acres, including thousands of acres of old-growth forest. 

Please provide public comment to the Forest Service asking that they update their policies to prioritize the preservation of old-growth and mature forests, which provide critical functions as wildlife habitats, carbon sinks, and pristine watersheds and sources of clean drinking water.

Need help drafting public comments? Try Nick’s Comment Generator. 

MountainTrue Board Member Nick Holshouser has developed a Comment Generator Tool that uses OpenAI to generate a short, meaningful, and unique comment. By selecting from a menu of topics, you can easily generate a first draft that you can review, edit, and further personalize. Then, all you have to do is copy and paste your comment into the Regulations.gov comment portal.  

Try the Comment Generator Now. 

Public comments are due by July 20, 2023. (Note that the original June due date is still listed on the public feedback page, but the comment deadline has been extended.)

ACTION: Stop the NCGA from Stripping Local Governments of Authority to Fight Plastic Pollution

Take Action: Ask the Town of Weaverville To Support A Ban On Single-Use Plastic Bags

Take Action: Ask the Town of Weaverville To Support A Ban On Single-Use Plastic Bags

We need you to take action to help pass a common-sense law to reduce plastic pollution in Buncombe County. The first step is getting the Town of Weaverville to pass a resolution of support.

Please email your local lawmakers and let them know you support a ban on single-use plastics.

Plastic pollution is a global problem, and we must act locally to do our part. That’s why MountainTrue is advocating for a county-wide ban on single-use plastic bags and styrofoam at grocery and retail store checkout counters paired with a 10-cent fee on paper bags.

More than 500 local governments in 28 states across the country have already passed such laws to reduce plastic pollution. If we want Buncombe County to be next, we need to show them that we have broad support.

So why are we asking you to email the Mayor and Councilpersons of the Town of Weaverville? As part of a broader multi-pronged strategy, we’re encouraging towns and cities to pass resolutions supporting such a law, which we hope will encourage our Buncombe County Commissioners to act.

To the best of our knowledge, these town officials do not oppose a ban on plastic bags. Many of the officials that we’ve spoken to are enthusiastically supportive. That’s why it’s essential that we communicate with them positively and respectfully.

Facts About Our Ban on Single-Use Plastics

Microplastics are a dangerous emerging contaminant.
Plastics don’t biodegrade; they break down into smaller and smaller pieces of microplastic that stay in our environment for thousands of years.

These microscopic pieces of plastic waste are everywhere.
We all breathe/consume approximately one credit card’s worth of microplastics every week. Microplastics have been found in the human placenta and breast milk.

Plastic production generates as much CO2e (carbon dioxide equivalent) gas as 116 coal-fired power plants.
As of 2020, the US plastics industry was responsible for at least 232 million tons of CO2e gas emissions per year, which is the equivalent of 116 average-sized (500-megawatt) coal-fired power plants (Beyond Plastics: The New Coal: Plastics and Climate Change, 2021).

Plastic production is ramping up and much of it is for the purpose of creating wasteful, single-use plastics. 
42% of plastic production is for single-use packaging (Science Advances: Production, Use, and Fate of All Plastic Ever Made, 2017). Half of all plastics created were produced in the last 15 years (NRDC: Single-Use Plastic 101, 2020).

Plastic films account for 40% of the microplastics found in the French Broad River.
MountainTrue has conducted widespread microplastic sampling throughout the French Broad Watershed. On average, we’ve found 15.5 pieces of microplastic per 1-liter sample of water, with some samples as high as 40 or 50 pieces per liter. The most common type of microplastics in the French Broad River is films (39.5%), the sources of which are plastic bags, food packaging, and candy wrappers.

Plastics are harmful to human health.
Plastics contain 7% chemical additives on average. Researchers suspect these chemicals contribute to reproductive health problems and declining sperm counts in Western countries. Phthalates, used to enhance the durability of plastic products, are found in personal care products, food packaging, children’s toys, shower curtains, and more. These chemical additives disrupt the endocrine system and harm the reproductive and nervous systems.

Styrofoam contains a likely carcinogen that leaches into food, drinks, and water supplies.
Styrene is used to make styrofoam cups, food containers, and disposable coolers, and leaches into the food and drinks they hold and from landfills into drinking water. It’s classified as a likely human carcinogen that causes liver, kidney, and circulatory problems.

A ban on single-use plastic bags in Buncombe County would have significant environmental benefits.
A ban on single-use plastic bags paired 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% compared to plastic. Read more about the environmental benefits of our proposed ordinance here.

Our plastic bag ban would not be overly burdensome for people with lower incomes.
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.

Buncombe County has the legal authority to pass a plastic bag ban under the North Carolina Solid Waste Management Act.
The NC Solid Waste Management Act asserts that it’s North Carolina’s policy to prioritize waste reduction at the source and mandates that towns, cities, and counties implement programs and other actions to address deficiencies and “protect human health and the environment.” Because the presence of a pollutant that is harmful to human health and the environment has been documented in our region, the law mandates that local governments act.