What’s Going On With the NC Farm Bill?

Action Expired

6/26/2018

Last night Governor Roy Cooper vetoed SB711, a dangerous bill that would greatly limit the constitutional right of North Carolinians living near industrial hog farms to seek justice in the courts for nuisance and pollution of their air and water. The General Assembly will vote later this week on whether or not to override Governor Cooper’s veto.

This is when we need your calls more than ever. Will you make a quick call to your state representative now to make sure Governor Cooper’s veto of SB711 stands? If you don’t know who your representative is, you can use the “Who Represents Me?” tool on the NC General Assembly website here, and find your representative’s phone number here.

The Facts About SB711:

This bill was drafted to protect Smithfield Foods, an out-of-state industrial hog operation owned by Chinese business interests, from a lawsuit brought by neighbors of industrial hog farms in Eastern NC. The intention is to protect a foreign corporation from liability where rural communities of color are disproportionately impacted by operations they own or control through contracts.
This bill is not about protecting farmers, it’s about protecting profits. All of the pending lawsuits are against Smithfield through its subsidiary, Murphy-Brown. The only entity paying damages (or potentially liable) in these cases is Smithfield. While some of the facilities are operated by contract growers, the only defendant in the lawsuits is Smithfield.
SB711 allows only neighbors within half a mile of an industrial farm to file a lawsuit, but the claim must be brought within one year of the establishment of the operation. Since there’s been a moratorium on new hog CAFOs (Confined Animal Feeding Operations, also known as large industrial animal operations) since 1997, new operations are not being established. This prevents any neighbor from being able to pursue a nuisance suit. This runs contrary to nuisance theory (and general statute of limitations) where the claim arises when the harm actually occurs, not when the potential for harm begins.
This is not to mention neighbors of industrial farms who live more than half a mile away, who will have no longer have any standing to sue for nuisance. Water pollution moves animal waste hundreds of miles downstream, and odor and bacteria are carried by the wind, so neighbors farther than half a mile from hog farms will continue to be effected.
SB711 would also severely limit local governments’ ability to regulate large agriculture operations – including poultry plants.

You can still take action. If your state representative voted YES on SB711, ask them to support Governor Cooper’s veto. If your NC House Representative voted NO on SB711, call and thank them for supporting North Carolina homeowners, and ask them to stand strong to support Governor Cooper’s veto of this dangerous bill. Here’s how some of WNC’s House Reps. voted on SB711:

Chuck McGrady (Henderson): No

Cody Henson (Henderson, Polk, Transylvania): Yes

Kevin Corbin (Cherokee, Clay, Graham, Macon): Yes

Jonathan C. Jordan (Ashe, Watauga): Yes

Michele D. Presnell (Haywood, Madison, Yancey): Yes

Susan C. Fisher (Buncombe): No

John Ager (Buncombe): No

Brian Turner (Buncombe): No

Tim Moore (Cleveland): Yes

Mike Clampitt (Haywood, Jackson, Swain): Yes

Josh Dobson (Avery, McDowell, Mitchell): Yes

And for the record, here’s part of the statement Governor Cooper released after his veto:

“North Carolina’s nuisance laws can help allow generations of families to enjoy their homes and land without fear for their health and safety. Those same laws stopped the Tennessee Valley Authority from pumping air pollution into our mountains…Giving one industry special treatment at the expense of its neighbors is unfair.”

Thank you for standing up for North Carolina homeowners and for clean air and water in the state we love.

Success Story: MountainTrue’s Green Riverkeeper Helps Avoid Shooting Range Next to Green River Game Land

The proposed shooting range brought water quality, public input concerns

We did it! After a week of whirlwind organizing, residents of Saluda and the greater Henderson County area are celebrating victory as Hendersonville County Commissioners have promised to back away from building a proposed shooting range and law enforcement training center. The facility would have been built on a 99-acre lot on Macedonia Road and bordering the Green River Game Land.

“As our region continues to grow, we have to consider what type of development we want to see and how we can strike a balance between the influx of people moving to our beautiful area and the protection of our special places and rural character,” says Gray Jernigan, MountainTrue’s Green Riverkeeper. “That takes careful planning and an engaged citizenry who will put their foot down to stop a bad idea in its tracks when necessary.”

Threat to Community, Public Lands

And why was this an issue MountainTrue cared about? “We ha[d] lots of concerns about lead contamination and water quality, noise impacts on wildlife, sedimentation from land clearing and development, and potential steep slope development and landslide risk,” Gray told MountainTrue members in an email and the Hendersonville Lightning in an interview. The wetlands and streams at the proposed site drain directly to the Green River, which is also a water supply watershed, and lead contamination from bullets posed a water quality threat.

Residents pointed out that they were opposed to the site chosen for the shooting range, and not to shooting itself. Resident Carl McMurray said, “I’m a gun owner. I’m a pretty avid shooter. That’s not the issue. My issue is with the traffic and noise.”

Put On Notice

A small number of Saluda residents unexpectedly received letters from the Sheriff this month informing them that their properties would be affected by the construction of the project. The letters invited them to an information session at the proposed site on Saturday, April 14, but so many people were expected to attend that the Sheriff moved the location of the meeting to the courthouse in Hendersonville late Friday afternoon. Again, only a handful of residents were notified of the change.

Gray became active in opposing the shooting range early on, coordinating with local residents and mobilizing MountainTrue members. He postponed a river cleanup on Saturday to attend the information session and invited paddlers, but the session happening inside was not open to the public or the media. Gray joined other residents in expressing concern about the public input process, telling the Hendersonville Times-News, “It seems strange that a project that implicates public land would be closed to the public.”

“More Emails Than Residents of Saluda”

The community regrouped for a meeting the following Monday, April 16 to keep organizing. A couple hundred people turned out to the Saluda Fire and Rescue Department to share their concerns about the project and plan the next steps for their response. They encouraged their fellow community members to flood the Henderson County Commissioners with emails, and Commissioner Grady Hawkins later said he had received “more emails than there are residents of Saluda” opposing the shooting range.

Two days later, Saluda turned out in force again for a County Commissioners meeting on April 18. The shooting range project was not on the agenda, but when the Commissioners saw the turnout of concerned citizens, they quickly amended the schedule to include discussion. This was the first time that County officials talked publicly about the project, which likely would not have happened without citizens getting involved.

Success, Less Than A Week Later

Over 70 MountainTrue members and citizens submitted public comments to the Commissioners at the meeting, discussing potential impacts on the environment, their communities, local businesses, and quality of life. At the end of several hours of public comment, the Commissioners reiterated their commitment to back away from pursuing this site.

Henderson County is still under contract on the property and has an option to purchase it until the end of May. The County had already signed contracts with inspectors and consultants to prepare a due diligence report on the property, so the Commissioners decided to fulfill those obligations and will wait to receive the report at their May 16 meeting before officially abandoning the project.

Want To Learn More About Our Work in Saluda and Henderson County?

Join Us!

Calling All Businesses: Our Planet Needs You

Action Expired

Businesses and Groups can compete against each other for a better planet through the #WNCforthePlanet Business & Community Challenge

Asheville, NC – As part of #WNCforthePlanet – a celebration of Earth Day throughout the month of April – local conservation and environmental nonprofits are recruiting businesses, civic groups and community organizations to take part in the Business & Community Challenge. Through this competition, groups compete with each other to earn Planet Points and work for the improvement of our local environment.

The #WNCforthePeople Business & Community Challenge is open to area businesses, civic organizations and community groups, who then recruit teams from among their members to compete for prizes and bragging rights. Companies interested in getting involved should contact Devon Hathaway, Americorps Outings and Education Coordinator at MountainTrue at outings@mountaintrue.org or by calling (828) 258-8737 ext. 214.

“Environmental stewardship is a core tenet at Mosaic Realty, which is why we’re teaming up with MountainTrue for a workday” said broker and owner Mike Figura. “Mosaic Realty welcomes you to join us and the #WNCforthePlanet team in cleaning up Asheville. We will be putting in a work day at Richmond Hill Park to eradicate invasives and we encourage other local businesses to get involved with service projects in April.”

Teams commit to one or more service projects throughout the month of April and are paired up with a #WNCforthePlanet partner nonprofit organization which will provide staff guidance and equipment for a day of working on behalf of a cleaner and greener WNC. Groups earn Planet Points according to how much they accomplish and the strenuousness of the project. Each team’s score is calculated according to a difficulty scale and averaged on a per-person basis. At the end of the month we tally the Planet Points, rank teams, name victors and hand out awards and prizes.

Available service projects include river cleanups, native habitat restoration, trail workdays and more. The team with the first, second, and third most Planet Points will choose from prizes, including a river float with MountainTrue, RiverLink and Asheville Greenworks, a hike led by the Southern Appalachians Highland Conservancy, or a private tour of New Belgium Brewing. Victors will honored on wncfortheplanet.org and through the social media of participating #WNCforthePlanet partners.

Register your team today. Contact Devon Hathaway, Americorps Outings and Education Coordinator at MountainTrue at outings@mountaintrue.org or by calling (828) 258-8737 ext. 214.

About WNC for the Planet:
WNC for the Planet is a collective made up of local environmental organizations that provides access to service, educational, and recreational opportunities in recognition of Earth Month. We strive to unify our community to encourage and celebrate environmental stewardship for our planet and the region. wncfortheplanet.org

“Moving Beyond Coal”: An Overview of MountainTrue’s Recent Energy Advocacy By Katie Breckheimer

Former MountainTrue Campaign Manager Joan Walker at a Carolina Land Coalition rally on the old Henderson County Courthouse steps.

MountainTrue’s Board Chair Katie Breckheimer has another article on Blue Ridge Now. Check it out here to read up on MountainTrue’s recent clean energy victories, and learn how we can all pitch in to delay or avoid the construction of another fossil-fuel power plant through the Blue Horizons Project.

Series of Expert Panels to Discuss Future of Nantahala & Pisgah National Forests in Sylva, Boone, Brevard and Andrews this March

Media Contact:

Eliza Stokes, MountainTrue Advocacy & Communications Associate
Email: eliza@mountaintrue.org Phone: 828-258-8737 ext. 218

FOR IMMEDIATE RELEASE

Sylva, N.C. – Experts representing a diverse group of conservation, recreation and business interests will take part in a series of special panel events on the future of the Nantahala-Pisgah National Forests this March. The panels, which will be held in Sylva, Boone, Brevard, and Andrews, will present visions for a win-win forest management plan that allows all interests to co-exist and thrive in Western North Carolina’s national forests.

The Forest Plan Determines the Future of Our Forests

This year, the U.S. Forest Service will release the first draft of a new forest management plan for Pisgah and Nantahala National Forests. This big-picture plan sets the ground rules for all activities in the forests for the next fifteen years or more: from wildlife management and timber sales on public lands to the hiking, fishing and mountain biking for which our region is famous.

Comprising more than a million acres combined, Nantahala and Pisgah are a central part of our natural and cultural heritage and a driver of our region’s economy. Everyone who loves our forests has an issue they care about that will be impacted by the new forest management plan.

We’re Working Together for a Plan That Benefits Everyone

In the spirit of cooperation, the Nantahala-Pisgah Forest Partnership was formed to gather all forest interest groups into the same room at once: timber, water, wildlife, recreation, wilderness and more. We don’t leave anyone behind, and we believe it’s critical that everyone be willing to support everyone else’s values with the expectation that the support will be reciprocal. For the past five years, the Partnership has come up with a vision and a set of recommendations for a forest plan that supports all forest interests at once. The Forest Service has also received recommendations from other groups participating in the forest plan revision, and now we want to share the best of those ideas with the wider public.

The panel schedules are as follows:

Sylva

March 15 at the Jackson County Public Library, 6-7:30pm

Panelists: Josh Kelly, Public Lands Field Biologist for MountainTrue

Tommy Cabe, Tribal Forest Resource Specialist for the Eastern Band of Cherokee Indians

Andrea Leslie, Habitat Conservation Coordinator for the North Carolina Wildlife Resources Commission

Bill Kane, Board Member of the NC Wildlife Federation

Boone

March 22 at the Watauga County Public Library, 6-7:30pm

Panelists: Josh Kelly, Public Lands Field Biologist for MountainTrue

Julie White, Director of the Southern Off-Road Mountain Bicycle Association (SORBA)

Jim Sitts, Appalachian Timber Manager for Columbia Forest Products

Curtis Smalling, Director of Conservation for Audubon North Carolina in Boone

Deirdre Perot, Representative of BackCountry Horsemen of Pisgah

Brevard

March 27 at the Transylvania County Public Library, 6-7:30pm

Panelists: Tom Thomas, President of Back Country Horsemen of NC and Member of

North Carolina Horse Council

Megan Sutton, Southern Blue Ridge Program Director of The Nature Conservancy

David Whitmire, Fish & Wildlife Conservation Council and Co-Owner of Headwaters Outfitters

Kevin Colburn, National Stewardship Director of American Whitewater

Fred Hardin, Forester with Gilkey Lumber Company

Andrews

March 29 at the Andrews Community Center, 6-7:30pm

Panelists: Callie Moore, Executive Director of the Hiwassee Watershed Coalition

Tommy Cabe, Tribal Forest Resource Specialist for the Eastern Band of Cherokee Indians

Sophia Paulos, Economic Development Director of Graham County

Chris Coxen, District Biologist for the National Wild Turkey Federation

The panels in Sylva, Boone and Andrews will be moderated by journalist and professor of economics at Blue Ridge Community College Jack Igelman. The panel in Brevard will be moderated by Lee McMinn of the Transylvania County Resources Council. The events are free and open to the public, and will include a question-and-answer portion with the audience at the end. Refreshments will be provided.

The panel events are sponsored by MountainTrue and the following members of the Nantahala-Pisgah Forest Partnership: Access Fund, American Whitewater, Backcountry Horsemen of NC, Carolina Land & Lakes RC&D, Columbia Forest Products, Defenders of Wildlife, Hiwassee River Watershed Coalition, International Mountain Bicycling Association, North Carolina Horse Council, North Carolina Youth Camp Association, Root Cause, Southern Appalachian Mineral Society, Southern Appalachian Wilderness Stewards, Southern Off-Road Bicycle Association, The Nature Conservancy, Trout Unlimited, the Wilderness Society, and Wild South. The panel in Brevard is also sponsored by the Fish & Wildlife Conservation Council.

For more information, visit: https://mountaintrue.org

RSVP for the event on Facebook:

Sylva: https://www.facebook.com/events/192008638062642/

Boone: https://www.facebook.com/events/152570672114961/

Brevard: https://www.facebook.com/events/170391063741025/

Andrews: https://www.facebook.com/events/340141849725131/

About MountainTrue:
MountainTrue is the oldest grassroots environmental non-profit in North Carolina and champions resilient forests, clean waters and healthy communities. We engage in policy advocacy at all levels of government, local project advocacy, and on-the-ground environmental restoration projects across 23 counties in our region.

About the Nantahala-Pisgah Forest Partnership:
The Nantahala-Pisgah Forest Partnership strives to create a lasting voice for innovative management and public investment in the public forests of North Carolina’s mountains for the future. We envision a thriving, resilient forest within its natural range of variation, able to support healthy ecosystems, wildlife populations, local economies, and traditional uses. We envision a forest with the connectivity and integrity to remain resilient in the face of the changes and challenges of the future.

About the WNC Fish & Wildlife Conservation Council:

The Fish and Wildlife Conservation Council, formed by a variety of sportsmen and other wildlife interests, supports the sound management and conservation of all wildlife resources in the Nantahala-Pisgah National Forest and provides support and positive guidance to ensure a diversity of wildlife thrives there.

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Super-Volunteer Sky Conard Receives 2017 Esther Cunningham Award

Sky in front of the Green River in Henderson County. Photo: Hendersonville Times-News.

By Julie Mayfield, Co-Director

Our Esther Cunningham Award is given in honor of Esther Cunningham – the founder of the Western North Carolina Alliance, one of three organizations that merged in 2015 to become MountainTrue.

To celebrate Esther’s legacy, this award is given to people who have fought the fight, often giving over a large portion of their lives to these battles, who win some and who keep fighting even in the face of defeat. Sky Conard is one such person. We became aware of Sky in 2010, when she formed the Green River Watershed Alliance to help protect, restore and plan for the Green River in Polk County. As a resident at Lake Adger, she saw firsthand the impacts of poor land management and the lack of water planning for the lake and the river.

Since then, Sky fought the proposed Lee Nuclear Station in SC due to the impacts it would have had on the Green and Broad rivers; she secured funding for a watershed assessment and convinced NC’s DEQ to add new water quality monitoring sites on the Green River; and she pushed Polk County to prepare a report on repairs needed for the nearly century-old Lake Adger dam.

In 2015, she created another group called Protect Polk Water to fight the proposed sale of the Polk County water system to an outside entity. This would have been a terrible deal for residents and elected leaders were doing their best to do it quietly, including having one important meeting at 6 a.m. Sky wasn’t about to let this meeting go unnoticed. She organized a protest, asking people to show up in their pajamas. The media loved it and, needless to say, the Commissioners didn’t try that again. The proposed deal later died, due in no small part to the attention Sky generated.

Polk County Commissioners did their best to quietly sell the county’s water to a private entity by holding a Commission Meeting at 6 a.m. Sky organized community members to show up bright and early to the meeting for a “pajama protest.” Sky is second from the right in her wiener dog pajamas.

She has since turned her attention to Lake Adger, where she has tirelessly campaigned to get the state to meet its obligation to dredge the vast amount of sediment that has poured into the lake over recent decades. Again, against all odds, she secured a dredging feasibility study, hired a drone to get aerial photos and secured a pledge from the state to dredge the marina channel.

Sky also recently encouraged MountainTrue to create the Green Riverkeeper program. This should mean we’re doing more and she’s doing less, but that’s not Sky. She’s still out there, scouting problems, raising alarms and fighting for our watershed.

Sky, thank you for your dedication, your passion and your vision for a healthy Green River watershed. Thank you for carrying on the legacy of Esther Cunningham – an ordinary person who became extraordinary because she cared deeply about the world around her and wasn’t content to sit by and let it be harmed.

To sign up to volunteer with MountainTrue, visit www.mountaintrue.org/eventscalendar.

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