MountainStrong Hurricane Recovery Fund

In the wake of Hurricane Helene, MountainTrue is dedicated to addressing the urgent needs of our community.

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DEQ: It’s Time to Modernize NC’s Pollution Spill Notification System

DEQ: It’s Time to Modernize NC’s Pollution Spill Notification System

Join North Carolina’s riverkeepers in calling on state regulators to modernize NC's public notification system.

Millions of people across North Carolina take to our beaches, rivers, and lakes to cool off, swim, paddle, and fish, but most are unaware that nearly 16 million gallons of untreated sewage have spilled into our waterways during a two and a half month period (May 17 to July 30, 2020) according to data collected by North Carolina’s Department of Environmental Quality (DEQ).

North Carolina desperately needs to update its public spill notification system. Current state law requires operators of wastewater collection and treatment systems to notify DEQ of spills of over 1,000 gallons into surface waters and to send a press release to local media within 24 hours. For spills of over 15,000 gallons, operators are required to place a notice in the newspapers of counties impacted by the spill within 10 days (NCGS 143-215.1C). Spills of other pollutants have similar reporting requirements to DEQ.

North Carolina should not be depending on ads in print newspapers to get the word out about dangerous spills. Newspapers are not mandated to run the press releases, and many local newspapers are only published in print on a weekly or bi-weekly basis, which is not frequent enough to warn river users of water quality problems in a timely manner.

The public has the right to know about major pollution spills that impact our waterways as soon as possible, and through the technology the public uses today.

Join NC’s riverkeepers in calling for a better, more modern system that would:

 

  • Publish spill data to an online database and interactive map and on agency social media channels.
  • Send email and text alerts to interested parties. 
  • Allow the public to sign up to receive these alerts for the watersheds they are interested in.
  • Make improvements to our state laws by increasing fines for polluters dumping sewage in our waterways.

MountainTrue Pollution Tip Leads to Enforcement Action Against Tryon International Equestrian Center

MountainTrue Pollution Tip Leads to Enforcement Action Against Tryon International Equestrian Center

MountainTrue Pollution Tip Leads to Enforcement Action Against Tryon International Equestrian Center

On July 27, MountainTrue followed up on a public complaint of sediment flowing into White Oak Creek from the Tryon International Equestrian Center (TEIC). Video showed a significant discharge of muddy water flowing off the site into the creek — a tributary of the Green River. MountainTrue’s Green Riverkeeper Gray Jernigan then reported the issue to the NC Department of Environmental Quality’s Division of Water Resources (DWR).

Two days later, on July 29, DWR sent an inspector to the equestrian center where they witnessed site contractors flushing sediment into the center’s stormwater drainage system, and failures in their stormwater management system. In all, DWR cited Tryon International Equestrian Center with four water quality violations that must be “abated immediately and properly resolved.” These violations, failure to resolve them quickly and remediate damage to the environment could result in civil penalties up to $25,000 per day for each violation.

“Tryon International Equestrian Center has been a repeat violator of water quality.” explains Gray Jernigan. “They were first cited in 2014, and it only got worse as they rushed to build new facilities ahead of the World Equestrian Games in 2018. They took shortcuts and chose not to employ standard best management and construction practices to keep sediment on site, and the problems persist.”

The Green Riverkeeper shared the video of the illegal discharge on its Instagram account where it sparked a public outcry, and elicited a response from Sharon Decker, President of Tryon Equestrian Partners, the owners and operators of the center. Decker assured the public that “we share the same concerns you do about the environment, water quality and strong stewardship.”

The Equestrian Center has received numerous violations from the NC Department of Environmental Quality over the years dating back to 2014, amassing tens of thousands of dollars in fines.

“They’ve made assurances to the community to clean up their act, but their efforts have fallen well short of what is expected of someone who professes to care about the environment,” says Gray. “I’ve offered to meet with them to discuss steps they can take to undo the damage done and protect our public waters, and I look forward to having a conversation with the leadership at TIEC.”

Media contacts:
Gray Jernigan, Green Riverkeeper
C:828-423-0578 E: gray@mountaintrue.org

Karim Olaechea, MountainTrue Communications Director
C:415-535-9004

[pdf id=27287]

August E-Newsletter

August E-Newsletter

August E-Newsletter

To get this in your inbox, sign up for our email newsletter here.

 

August 12, 2020

Call For MountainTrue Award Nominations!

MountainTrue staff and board members with our 2018 Volunteer of the Year winner Mike Hopping (center).

Our 2020 Annual Gathering will be held virtually this year on Wednesday, October 21st. Although we can’t gather in person due to the COVID-19 pandemic, we still look forward to honoring MountainTrue members who are dedicated to protecting the places we share. We encourage you to nominate worthy individuals for one of our annual awards. Complete this form to submit a nomination by August 25.

 

Creation Care Alliance Conducts Eco-Grief Circle Pilot Project

This summer MountainTrue’s Creation Care Alliance (CCA) program held its first Eco-Grief Circle, a pilot project resulting from a growing awareness that many members of the CCA community struggle with significant anxiety and other challenges due to the climate crisis. After hearing story after story of these (and other) kinds of grief, people within the Creation Care Alliance network – two counselors, two pastors and a chaplain – developed this six-week experience to support community members and allow a space to honestly discuss grief and suffering amidst the ecological and social challenges of our time. To learn more about the pilot program, read this blog post by CCA’s Director Scott Hardin-Nieri here.

CCA is launching two more Eco-Grief Circles in mid-September, and is currently finalizing the curriculum and receiving inquiries from a variety of interested people and faith communities. We will have limited space available in these initial classes, but let us know if you are interested in participating in the future by emailing scott@creationcarealliance.org.

 

Equity Reading: People of Color and Low-Income Communities More Likely to Live in Less Nature-Rich Areas

In this article, Alejandra Borunda explores the new data revealing that people of color and low-income people are disproportionately likely to live in neighborhoods with less access to natural spaces, resulting in physical and mental health disparities. She also looks at historical factors that have led to this inequity and talks with Luis Villa, the Executive Director of Latinos Outdoors.

“Nature: It’s not just a nice-to-have amenity,” [Villa] says. “It’s a vital aspect of creating a healthy community. If we want to deal with, to reckon with systemic racism and the health disparities that come from that, well, nature, broadly defined, has to be a part of that.” Read more.

 

ICYMI – Raleigh Report Live: End of Session Edition

Get the skinny on how our legislators are protecting our environment (or not), featuring MountainTrue Lobbyist Rob Lamme, Co-Director Julie Mayfield and Southern Regional Director Gray Jernigan. Watch the video here.

 

Green Riverkeeper Co-Authors Op-Ed In Support Of NC E. coli Standard

North Carolina is one of only seven states to still use fecal coliform to measure bacteria pollution. In this column, MountainTrue’s Green Riverkeeper Gray Jernigan and the Waterkeeper Alliance’s Will Hendrick make the case that it’s time for North Carolina to get in line with the best available science and EPA guidelines by adopting E. coli as our new state standard. Read more.

 

MountainTrue Helps Lead Effort To Protect Electric Co-op Customers From Utility Shutoffs

The Governor’s moratorium on utility shutoffs for North Carolina customers came to an end on July 30, meaning that shutoffs for customers who can’t afford to pay their utility debts can begin as soon as September. Also on July 30, the North Carolina Utilities Commission ordered an extension of the shutoff moratorium and a requirement for a 12-month payback plan for customers with utility debt, but this only applies to the customers of regulated utilities like Duke Energy. Electric co-op customers, who disproportionately live in rural counties with high poverty rates in WNC, are left out of these protections.

MountainTrue is an advocate for equitable and affordable access to energy. For communities to be healthy, all people must have access to electricity and water – especially in the heat of summer, and when the pandemic requires frequent handwashing to keep us all safe. That’s why we are working to make sure electric co-op customers have access to the same debt payment options as customers of regulated utilities like Duke. We have already stepped in to report a co-op with an illegal utility shutoff policy, which had originally planned to begin shutoffs on August 4. Our outreach has successfully changed this policy and put it in line with the Governor’s order.

If you are a member of an electric co-op and facing the threat of your utilities being turned off, please feel free to reach out to us for the latest on this advocacy by contacting MountainTrue’s Energy Organizer Eliza Stokes at eliza@mountaintrue.org.

 

Make Your Voice Heard on Long-Term Transportation Planning in Our Region

This month there are two major opportunities to make your voice heard on the future of transportation in our region: The Hellbender Regional Trail and French Broad River MTP 2045 Plan.

Do you want to see widespread, interconnected trails in Western North Carolina? That’s what’s on deck with the Hellbender Regional Trail, a collaborative plan to connect the various local bike, pedestrian and greenway plans of different counties to create an expansive trail network spanning Haywood, Henderson, Madison, Buncombe and Transylvania Counties. The draft map of the Hellbender Regional Trail is now available here, and public comments on it will be accepted until August 21. Email mpo@landofsky.org to make your public comment.

The MTP 2045 Plan is open for public comments on community priorities to determine what types of transportation projects will be funded in our region over the next 25 years. Funding for different transportation projects will be justified based on the community priorities with the most comments, so it’s important to make your comment on what you want the future of getting around our region to look like. Speak up for sustainable, equitable transportation options like public transit, electric vehicle infrastructure, bike and pedestrian access and more here by August 31. The draft version of the plan is available here, and there will be a virtual presentation and Q&A about it on August 18. You can also mail mpo@landofsky.org with any additional comments.

 


Central Regional News

For Buncombe, Madison, McDowell, Mitchell and Yancey counties

Action Alert: Call On Asheville City Council To Do Their Part To Clean Up The French Broad River

None of our bacteria monitoring sites in the City of Asheville have passed the EPA’s safe limit for E. Coli on average this summer.

The French Broad River is dirty and only getting worse. In 2019, more than half of the sites that we tested (53%) failed to meet the EPA’s E. coli standard for safe recreation. This year the results are even worse, with 69% of sites failing. Of the sites within Asheville, none pass the EPA’s safe limit on average. Our testing site with the worst average results is Nasty Branch, which receives over half of downtown Asheville’s stormwater and flows through the historically African-American Southside neighborhood before discharging into the French Broad River in the River Arts District. Tell Asheville City Council that it’s time to do their part to clean up the French Broad River. Take Action.

 

Buncombe County Approves 47 New Solar Projects

This past month had great news for solar energy in Buncombe County, with 47 new public solar projects approved! On July 21, the Buncombe County Board of Commissioners approved 40 new solar panel installations at county government-owned buildings, Asheville City and Buncombe County Public Schools and A-B Tech Community College. Then on July 28, City Council approved seven new solar sites for city properties. These efforts amount to the single largest public sector solar effort in all of North Carolina.

The panels will be installed by MB Haynes, an employee-owned company based in Buncombe County, and will create about 7 MW of new solar energy – the equivalent of powering approximately 800 homes entirely with solar energy each year. They are also set to save County and City governments a significant amount of money each year by reducing energy costs.

These proposals were approved due to overwhelming public input support before the final votes, as well as when the projects were announced last fall. Thank you to all of our supporters who made their voices heard to help achieve this outcome! We’re excited to build on this momentum to create even more public solar projects in our community. Read more about this victory for solar and the related cost savings here.

 


High Country Regional News

For Alleghany, Ashe, Avery, Burke, Caldwell, Watauga and Wilkes counties

Water Quality Administrator Hannah Woodburn Identifies Major Source of Pollution into the Watauga River

Thanks to the diligent investigation of our Water Quality Administrator Hannah Woodburn, we were finally able to track the source of pollution for a long failing Swim Guide site. The source was an out-of-compliance Wastewater Treatment plant illegally discharging 20 times the EPA limit. The Health Department and NCDEQ have been notified, and we are awaiting enforcement.

 


Southern Regional News

For Cleveland, Henderson, Polk, Rutherford and Transylvania counties

 

MountainTrue Pollution Tip Leads to Enforcement Action Against Tryon International Equestrian Center

Our Green Riverkeeper recently responded to a resident complaint of more muddy runoff of sediment from the Tryon International Equestrian Center (TIEC). The illegal discharge was flowing into White Oak Creek, a tributary of the Green River in Polk County, and was reported to NC Department of Environmental Quality for investigation. We are now working to get a meeting with the President of the Equestrian Center to discuss their past and ongoing impacts on water quality, and measures that need to be implemented to protect clean water. We will continue to hold this egregious polluter accountable, and thank all of our supporters that report pollution issues to us. We couldn’t do it without you! Read more.

 

Lake Adger Public Access Dredging Project Moving Forward

After years of advocacy around this effort, NC Wildlife Resources Commission (NCWRC) has submitted a permit application to the US Army Corps of Engineers to dredge the public access channel at Lake Adger. This project is necessary because the public access channel has become nearly impassible to boat traffic due to the accumulating sediment delta. NCWRC proposes to use the dredge spoils to construct engineered wetlands on the existing sediment delta – a delta that has been forming since 1925, when the Green River was dammed to create Lake Adger.

MountainTrue’s Green Riverkeeper has advocated for and supports this important project to protect public access to Lake Adger. Thanks to all of our supporters who submitted public comments to make this project as successful as possible and ensure that water quality is protected during and after the project.

 

Stand Up Against the Asphalt Plant Proposed for East Flat Rock!

SE Asphalt wants to build an industrial asphalt plant at the intersection of Spartanburg Highway (US-176) and US-25, across the street from a low-income mobile home park and surrounded by hundreds of single family homes, small farms and the Green River Game Lands. The site drains directly to Laurel Creek, which flows into the Green River. The developer has applied for conditional rezoning for 6.5 acres to a conditional district to construct the new asphalt plant.

MountainTrue’s Green Riverkeeper and hundreds of local residents have organized as Friends of East Flat Rock oppose this rezoning and the construction of the new asphalt plant. The application will be heard by the Henderson County Planning Board on August 20 before going to the County Commissioners. Take action!

 

Take Part In Our First Broad River Fishing Tournament

We’re excited to announce our first-ever Broad River Fishing Tournament! While we had planned earlier this year to host a single-day and in-person event, due to the pandemic we are shifting the structure to a 10-day opportunity to participate in a safe and socially distanced way. Go out on your own (or with your very small and safe group) to your favorite location on the Broad River. You can fish one day or all week long! Register for free.

 


Western Regional News

For Cherokee, Clay, Graham, Haywood, Jackson, Macon and Swain counties in NC, and Towns and Union counties in GA

 

MountainTrue Monitors Butternut Creek, Lake Nottely During Landfill Leachate Treatment

The former Hiwassee River Watershed Coalition – now part of MountainTrue – has been monitoring water quality conditions in Butternut Creek and the Lake Nottely Watershed on a monthly basis since 2001. Staff and volunteers take samples of basic water chemistry parameters to alert us to potential pollution problems that need more detailed follow-up. We also sample E. coli, an indicator of pathogens that present a risk to human health. In the summer, when recreation is at its peak, we increase our testing frequency to weekly for select sites.

Since Butternut Creek flows through a public park and into Lake Nottely, we have several monitoring locations, including above and below the City of Blairsville’s wastewater treatment plant. So far, no negative water quality impacts have been detected related to Blairsville’s controversial decision to start accepting landfill leachate for treatment at the plant.

 

Forest Service’s “Haystack Project” Underway In Nantahala River Headwaters

Last month I joined MountainTrue’s Public Lands Field Biologist, Josh Kelly, in the headwaters of the Nantahala River to look at some timber harvest sites that are part of the US Forest Service’s ongoing “Haystack Project.” We saw no water quality violations at the sites we observed. We are still investigating reports of muddy waters in the Nantahala River above the lake, but have been unable to locate the source. If you have any information about a potential pollution source in this area of Macon County, please email me at callie@mountaintrue.org.

 

Streams Draining Cullowhee Muddying The Whole Tuckasegee River


If you live in Jackson County, we’re not telling you anything you don’t already know, and if you’re a member of the Watershed Association of the Tuckasegee River (WATR), you probably know even more about which streams are the muddiest! MountainTrue is assisting WATR’s Executive Director Ken Brown in trying to get the mud flows stopped! More on this partnership in future newsletters.

 

Save The Date For The Lake Chatuge Shoreline Cleanup On November 7

While we’re still not sure of the actual logistics of this year’s Lake Chatuge Shoreline Cleanup, we plan to hold it in some form or fashion on the first Saturday in November! Georgia Rivers Alive has published guidelines for safely holding cleanups during COVID-19 and will be providing volunteers with neck buffs, which are made of a lightweight material that can also be worn as a face-covering. (We also have quite a few t-shirts leftover from last year’s very cold cleanup event for those who may want to take one home.)

We’ll make some decisions about how to hold this event safely in late September, but for now, please save the date!

 


Events Calendar

August 13, 6-7PM: Virtual Green Drinks with Tony Dunn
Tomorrow’s Green Drinks will feature Tony Dunn, a former US Forest Service Fire Behavior Analyst and a survivor of Camp Fire. Tony will outline how climate change contributed to the Camp Fire and how climate-driven disasters disproportionately impact vulnerable communities and their ability to recover.

August 22, 10AM-12PM: Snorkeling on the Watauga
Take the plunge to explore the unique ecosystems of the Watauga River by snorkeling with us! River snorkeling allows you an unparalleled viewpoint to explore all the nooks and crannies of the Watauga. If we’re lucky, we might even catch a glimpse of a Hellbender.

August 22: Virtual Beer Series Cleanup With Wicked Weed Brewing
Join MountainTrue, the French Broad Riverkeeper, Wicked Weed Brewing and 98.1 The River for another Riverkeeper Beer Series cleanup. Clean up the French Broad River and your local creek, roadway, or neighborhood.

August 28, 8PM-11:30PM: Moonlight Paddle on the Broad River
Join a trip led by our Broad Riverkeeper David Caldwell to do some flat water paddling by the light of the moon. As we go, David will share some of the history of the Broad River and his work to protect it.

August 29 – September 7: Broad River Fishing Tournament
We’re excited to announce the first-ever Broad River Fishing Tournament! This is a for-fun and “bragging rights” only tournament, with awards for “Broad’s Best Angler”, biggest catfish, most unusual fish and more. Registration is free and donations support the Broad Riverkeeper program.

September 26, 9AM-12PM: E-bike Tour of Downtown Asheville
Ride along on our electric bike tour of Asheville led by Chris Joyell, Director of the Asheville Design Center.  As we pass through downtown, the Southside and the River Arts District, Chris will share his extensive knowledge about Asheville’s urban core, including stories of how redlining has shaped our city and the highlights (and lowlights) of Asheville’s bike infrastructure.

Press Release: Buncombe County Commissioners Approve 40 Solar Projects for Public Buildings and Schools

Press Release: Buncombe County Commissioners Approve 40 Solar Projects for Public Buildings and Schools

FOR IMMEDIATE RELEASE

Media Contact:

Eliza Stokes, MountainTrue
E: eliza@mountaintrue.org P: 410-493-7284

July 21, 2020

Asheville, NC At their July 21 meeting, the Buncombe County Board of Commissioners voted unanimously to greenlight a proposal for 40 new solar panel installations at county-owned buildings, Asheville City and Buncombe County public schools and A-B Tech Community College. Together, the 40 new solar sites will create approximately 6.7 MW of new solar energy each year the equivalent of powering 767 homes entirely with solar energy.

The vote was celebrated by local residents, many of whom submitted public comments to voice their support for the solar projects and had advocated for Buncombe County to pass a resolution for 100% renewable energy in 2017. After that resolution passed, many community members had been frustrated with the lack of concrete progress on this commitment.

“I was thrilled and frankly relieved when I heard that it passed,” said Josh Draper, a rising senior at TC Roberson High School. “Until today our longstanding county resolution, like so many others, was just a vague, distant goal with no practical solution in sight. Now, instead of waiting idly by for the most urgently needed change, we can be productive and set an example for neighboring communities to follow.” 

Buncombe County and the City of Asheville released a joint request for proposals, or rfp, for solar panels at feasible sites on their properties in the fall of 2019. The County and City invited other entities to join the bidding process with the hope of increasing the impact of the rfp on carbon emissions and reducing the overall cost. High school students spoke out in favor of this concept at Buncombe County and Asheville City school board meetings last October, leading both school boards to vote to join the solar exploration. 

“This is the right thing to do for our children’s health and future,” said Beatrice Nathan, Co-Chair of the local chapter of Mom’s Out Front. “I hope the County Commission sees the value in taking steps toward a world with better air quality and reduced greenhouse gas emissions.”

While the City of Asheville was part of the joint solar rfp, it will fund its solar projects separately. As for the County and schools, the 40 projects will be funded by a $10.3 million bond taken out by the County and paid over the course of 15 years. Between the solar rebate from Duke Energy, utility savings and positive cash flow from selling excess solar energy, the solar projects are expected to be revenue positive every single year often by millions of dollars. 

“This shows that solar energy isn’t a luxury item or another headache to add on to a financial downturn,” says Eliza Stokes, renewable energy organizer at MountainTrue. “Instead, solar can be a buoy that helps keep our local economy afloat and creates resilience for the times ahead.” 

The company selected to install the solar panels is MB Haynes, an employee-owned company based in Asheville. Before the vote, several Commissioners spoke to hiring a local company as a key aspect of their support. 

“The idea of doing something bigger, trying to do it together, none of us really knew how it would turn out,” said Chairman Brownie Newman at the Commission meeting. “I really appreciate the schools being willing to go through this process with us, and I think it’s gonna achieve a lot more good for our community…The one challenge I would leave with us is that as exciting as this is, when we look at the need to move to renewable energy we’re still not moving fast enough. This is just the first of many such efforts we’re gonna need to take on to be a leader.” 

Projected Financial Benefits Of 40 Solar Projects (Source: Buncombe County)

Year  Solar Financial Benefit Debt Payments  Cash flow positive? 
1 $   2,623,000 $ 684,000 $   1,939,000
2 $      638,000 $ 951,000 $   1,626,000
3 $      654,000 $ 933,000 $   1,347,000
4 $      670,000 $ 916,000 $   1,101,000
5 $      687,000 $ 898,000 890,000
6 $      704,000 $ 880,000 714,000
7 $      721,000 $ 863,000 572,000
8 $      739,000 $ 845,000 466,000
9 $      757,000 $ 827,000 396,000
10 $      795,000 $ 810,000 381,000
11 $      815,000 $ 792,000 404,000
12 $      835,000 $ 770,000 469,000
13 $      855,000 $ 752,000 572,000
14 $      876,000 $ 735,000 713,000
15 $      898,000 $ 717,000 894,000
16 $      920,450 $           –   $   1,814,450
17 $      943,461 $           –   $   2,757,911
18 $      967,048 $           –   $   3,724,959
19 $      991,224 $           –   $   4,716,183
20 $   1,016,005 $           –   $   5,732,188
21 $   1,041,405 $           –   $   6,773,592
22 $   1,067,440 $           –   $   7,841,032
23 $   1,094,126 $           –   $   8,935,158
24 $   1,121,479 $           –   $ 10,056,637
25 $   1,149,516 $           –   $ 11,206,153
26 $   1,178,254 $           –   $ 12,384,407
27 $   1,207,710 $           –   $ 13,592,117
28 $   1,237,903 $           –   $ 14,830,020
29 $   1,268,850 $           –   $ 16,098,870
30 $   1,300,572 $           –   $ 17,399,442

 

###

Call On Buncombe County Commissioners To Vote YES To 40 Solar Projects!

Call On Buncombe County Commissioners To Vote YES To 40 Solar Projects!

Call On Buncombe County Commissioners To Vote YES To 40 Solar Projects!

Action Expired

 

On July 21, the Buncombe County Board of Commissioners will vote on whether or not to install solar panels at 40 sites of county-owned buildings, Asheville City and Buncombe County public schools and A-B Tech Community College. Will you take action below to call on our Commissioners to vote YES on Tuesday?

 

Why We Support:

  • This proposal would install about 6.7 MW of new solar energy in Buncombe County – the equivalent of powering 677 homes entirely with solar each year. Since these solar energy systems are expected to last 30–40 years, this is equal to taking 677 homes off the grid.
  • The solar panels would be installed by an employee-owned solar company based right here in Buncombe County, showing that we can face the climate crisis and support local jobs at the same time.
  • The prices offered to install these solar projects are significantly cheaper than what County staff first estimated, and the energy savings from the solar panels will save the county money on utility costs every single year.
  • Buncombe County made a commitment in 2017 to move our county to 100% renewable energy. Voting yes to these projects is an important step to start making progress on this commitment.

The county’s vote on Tuesday will decide whether all 40 of these solar projects move forward. Will you take action by contacting the Board of Commissioners below?

Submit a public comment to be read at Tuesday’s Commission meeting before the vote by emailing comment@buncombecounty.org or calling and leaving a voicemail at 828-250-6500.

Press Release: MountainTrue joins lawsuit against Trump administration’s moves on National Environmental Policy Act

Press Release: MountainTrue joins lawsuit against Trump administration’s moves on National Environmental Policy Act

July 15, 2020

Press release from the Southern Environmental Law Center:

“The Trump administration in an announcement today hobbled the nation’s bedrock environmental protection, the National Environmental Policy Act, a law that has given marginalized communities a say in what happens to them when governments propose life-altering projects like highways and pipelines.

In doing so, the administration illegally cut corners in a way that the courts have rejected time and time again.

“This is a blatant and transparent effort from the Trump administration to further silence communities that are not as well connected, not as wealthy, not as valuable to the White House as others,” said Kym Hunter, a Southern Environmental Law Center senior attorney who is heading the organization’s defense of NEPA. SELC is representing 16 conservation organizations.

“And the fact that it is happening now, when so many in our communities are crying out for equity and fairness, is particularly appalling,” Hunter said.

Oddly, if early press reports are correct, President Trump may somehow invoke the proposed Atlanta I-75 truck-lane project as an example of NEPA issues. However, that project is in its infancy and is at the beginning of its NEPA review.

Note: The President may also invoke other Georgia projects as well. Please feel free to contact us for a response.

In addition to diminishing public voices, the NEPA rewrite also curtails agencies from considering climate change in their reviews. Further, it also eliminates consideration of what is known as “cumulative impacts.” For example, when a new highway or bypass is proposed near a current interstate, the projected increase in pollution is added to the existing pollution levels to get a full understanding of how nearby communities will be affected. The Trump administration NEPA rewrite eliminates the consideration of these “cumulative impacts.”

SELC is preparing to sue the Trump administration on behalf of its 16 clients alleging, among other things, the administration made a mockery of the laws and policies that are designed to make changes like this a transparent and public process.

· Before its decision to alter what is often called the “Magna Carta of environmental laws,” the Trump administration held just two public hearings — in Denver and in Washington D.C. — in a country with a population of 330,000,000.

· Even so, the Council on Environmental Quality received more than 1.1 million public comments and has a duty to review each one. However, CEQ moved forward with rulemaking less than four months later, an impossibility if it followed its mandate.

· CEQ created a back channel for Trump administration cronies and supporters who complained that they were having a hard time mustering enough support to counter overwhelming public disapproval.

Among other things, the Trump administration is reducing the amount of public input from NEPA’s requirements and making it far more difficult for communities and stakeholders to propose alternatives to major projects that may permanently alter communities.

SELC used open-records laws to obtain more than 8,500 pages of internal documents from CEQ, the agency in charge of the change. Some show how those involved in the NEPA rewrite want to narrowly interpret the purposes of projects so alternatives from the public can’t be considered.

For example, the documents say that the stated purpose of a proposed natural gas pipeline should be to move gas from one place to another, and not “meeting the energy needs in a geographic area.” Under that thinner scope, solar or hydroelectric power can’t be alternatives because they don’t move gas, “even if these energy sources are preferred by certain agencies or groups.”

Developers of the recently canceled Atlantic Coast Pipeline were unable to overcome widespread public opposition and legal challenges to the project, in part because the $8 billion pipeline was billed as a necessity for providing energy to the Virginia coast. Those arguments fell apart under public and legal scrutiny when experts showed the pipeline was not necessary to meet energy demand.

However, these changes to NEPA would largely prevent communities from mounting the same kinds of challenges to massive money-making pipeline projects that come at a high environmental and fiscal cost to affected communities and landowners in their paths.

Hunter said the CEQ documents reveal hints of industry fingerprints in the effort to weaken NEPA; however, the full extent of the influence isn’t clear because CEQ blacked out close to half of the records provided. SELC has filed a motion to gain full access to the records.

The authorship of documents released under FOIA is not clear. But the documents show whoever wrote them also wants to limit or eliminate objections from other federal agencies involved in permitting large projects. In the documents, for example, an author complained that some agencies like the U.S. Fish and Wildlife Service are too diligent in protecting endangered species.

“As a result,” one document states, “the USFWS has become one of the stickiest wickets” in the process.

Statement from MountainTrue Co-director Julie Mayfield:

‘The National Environmental Policy Act has served as our basic national charter for protection of the environment since it was enacted in 1970. It is a critical tool to ensure government transparency and gives affected citizens — especially communities of color and low income communities — a much-needed voice in agency decision making.
MountainTrue has leveraged NEPA to ensure that the I-26 highway connector through Asheville did less harm to neighboring communities of color. And in our work on Nantahala and Pisgah National Forests, NEPA provides the framework for every set of comments, every administrative challenge and every appeal of a timber sale or other management decision with which we disagree.
The new rules put forth by President Trump’s Council on Environmental Quality would gut NEPA’s substantive and procedural safeguards and are a threat to public health and our environment. They cannot be allowed to stand. Mr. Trump, we’ll see you in court.'”

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