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.

MountainTrue Raleigh Report: The End (of the Session) is Near, CCA Goes to Raleigh & More

CCA members with just some of the legislators they’ve met with this week in Raleigh. From left to right: Holly Cunningham (CCA), Alan Rosenthal (CCA), Rev. Scott Hardin-Nieri (CCA), Rep. Susan C. Fisher, Sen. Terry Van Duyn, Rep. Brian Turner, Rev. Bill Garrard, Rep. John Ager, and Rev. Kevin Bates (CCA).

2018 Farm Act, Veto Overrides and Constitutional Amendments

The 2018 North Carolina General Assembly has started its slow march toward adjournment. Here’s a quick update about what to expect before legislators go home.

Last week, lawmakers approved a flurry of bills in anticipation of an expected adjournment later this month. Lawmakers plan to restrict their work during the remainder of June to local bills and constitutional amendments – which do not require the Governor’s signature – as well as veto overrides. Keep in mind that veto overrides require a three-fifths vote in both chambers, or 72 votes in the House and 30 votes in the Senate. A three-fifths vote is also required to place a constitutional amendment on the ballot.

On the veto override front, the two biggest environmental bills of the session – the 2018 Farm Act and the legislature’s annual regulatory “reform” bill – are now on the Governor’s desk. A veto of the Farm Act is widely expected. There are 74 Republicans in the House and 35 in the Senate, so a strict vote along party lines would override the vetoes. However, collecting the needed votes for an override is a very different game in each chamber. Expect the Senate majority to easily and quickly override any veto of these bills. In the House, however, the vote is likely to be much closer, with many environmental groups (including MountainTrue) and other opponents of the bill working hard to find the votes to sustain a veto.

Lawmakers are also expected to consider putting several constitutional amendments on the fall ballot – largely, it appears, in hopes of motivating certain groups of voters to get to the polls. Some of the proposals include a constitutional amendment protecting the “right to hunt and fish,” a voter identification requirement and a limit on personal income taxes.

Creation Care Alliance of WNC Goes to Raleigh

The Creation Care Alliance of WNC traveled to Raleigh this week to meet with legislators. Among the issues they discussed were clean and renewable energy, landslide hazard mapping and trout and hemlock tree protection.

Thanks for supporting MountainTrue’s advocacy efforts. Keep an eye out for our legislative alerts and opportunities to help us speak out for the environment in Raleigh.

Open Letter: We Stand with the City of Asheville in Opposing Cascading Section A of the I-26 Connector Project

This rendering by the Asheville Design Center shares our vision for the Patton Avenue/Bowen Bridge corridor to be a multi-modal, urban boulevard that serves as a gateway to downtown.

June 18, 2018

French Broad River MPO

339 New Leicester Highway

Asheville, NC 28804

Dear MPO leaders:

On behalf of our members and supporters, Asheville on Bikes and MountainTrue write in opposition to cascading Section A of the I-26 Connector Project from the statewide to the regional tier of projects. We firmly believe that negotiations between the City of Asheville and NCDOT on outstanding design questions related to the Connector Project should be completed and incorporated into the final Environmental Impact Statement before the project moves forward. We cannot support cascading Section A until this occurs.

We recognize that the City’s negotiations with NCDOT to date have produced several good outcomes including new bike/pedestrian facilities, good greenway connections, a Section A with six lanes instead of eight, and a much-improved redesign of the Amboy Road interchange (though no one has yet seen revised maps that reflect these design improvements). However, there has not yet been success in determining the number of lanes going across the river and in the design of the Patton Avenue/Bowen Bridge corridor. The City of Asheville remains committed to making this corridor a multi-modal, urban boulevard that serves as a gateway to downtown, but NCDOT is not yet committed to these outcomes.

Until negotiations with NCDOT are complete and the drawings are updated so that the City can say with confidence that the project will increase livability for the residents of Asheville, advance active transportation, and meet the City’s vision for the redevelopment of Patton Ave, we stand with the City of Asheville in opposing cascading Section A. We strongly encourage NCDOT to continue to work with the City of Asheville to reach agreement on these critical design issues.

Sincerely,

Mike Sule, Executive Director Bob Wagner, Co-Director

Asheville on Bikes MountainTrue

Michael Franti Returns to Asheville July 27 to Headline the Riverkeeper Beer Series

Michael Franti & Spearhead return to Asheville on Friday, July 27 to headline the Riverkeeper Beer Series at the Salvage Station for the second year in a row. The show is presented by MountainTrue and 98.1 The River, with proceeds supporting the work of the French Broad Riverkeeper – a MountainTrue program that serves as the primary protector and watchdog of the French Broad River Watershed.

“Michael Franti & Spearhead brought such amazing energy to Asheville last year that it was a no-brainer to bring him back for this year’s French Broad Riverkeeper Concert,” says French Broad Riverkeeper Hartwell Carson. “Asheville loves Michael and he seems to love us back. Last year he took a surprise tubing float down the French Broad before jumping on stage.”

Michael Franti is a world-renowned musician, filmmaker, and humanitarian who is recognized as a pioneering force in the music industry. Franti believes in using music as a vehicle for positive change and is revered for his energetic live shows, political activism, worldwide philanthropy efforts and authentic connection to his global fan base known as the SOULROCKER FAM.

Michael Franti is the headliner for the Riverkeeper Beer Series, presented by Asheville GreenWorks and MountainTrue. Come out for a river cleanup or float during the day and stick around for a special beer release and after-party. There will also be prizes from the Asheville Gear Builders for most trash collected, weirdest trash, and a host of other prizes.Come join the fun this summer at each of these breweries:

June 2 – Cleanup of the Swannanoa River with beer release party at the Wedge at Foundation.

June 28 – Cleanup of the French Broad River with beer release party at Wicked Weed Brewing Pub.

July 21 – Cleanup of the Swannanoa River with beer release party at the Catawba Brewing Company in Biltmore Village.

July 27 – Michael Franti & Spearhead Concert at the Salvage Station.

August 25 – Cleanup of the French Broad River and Hominy Creek with a beer release party at French Broad Outfitters, featuring a tap takeover by Hi-Wire Brewing and live music (artist TBD).

September 8 – Cleanup of the French Broad River with an after-party and concert at Sierra Nevada Brewing Company.

September 15 – Cruise Then Brews Paddle with Headwaters Outfitters. Paddle down the French Broad River in Transylvania County followed by a beer release party at Oskar Blues Brewery.

To learn more information and register for the Riverkeeper Beer Series events, visit MountainTrue.org.

Tickets: Tickets go on sale March 28 at 10am for Michael Franti fan club members, and will go on sale for the general public March 30 at 10am. Tickets are available at the Salvage Station or online at SalvageStation.com. General admission tickets are $33.50 and include a download of Franti’s newest album. VIP tickets are $110 and include a VIP pre party from 5-7pm at the Salvage Station, an acoustic performance by Michael, a fully catered meal, booze at the pre-party and a special roped off viewing area with a private bar.

The Riverkeeper Series is sponsored by MountainTrue, Asheville GreenWorks, 98.1The River and French Broad Outfitters. Other sponsors include Wedge Brewing Company, Wicked Weed Brewing Pub, New Belgium Brewing Company, Sierra Nevada Brewing Company, Oskar Blues Brewery, Sanctuary Brewing Company, Catawba Brewing Company, WNC Magazine, Mountain Xpress, and Recover Brands.

MountainTrue champions resilient forests, clean waters and healthy communities in our region. We engage in policy advocacy at all levels of government, local project advocacy and on-the-ground environmental restoration projects. Primary program areas include public lands, water quality, clean energy, land use/transportation and citizen engagement. We are also home to Riverkeepers for the French Broad, Watauga, Green and Broad Rivers, who are the primary defenders and spokespeople for these waterways. For more information: mountaintrue.org.

With thousands of volunteers, Asheville GreenWorks engages the community in grassroots projects such as urban forestry, environmental cleanups, anti-litter and waste reduction education, creation of green spaces, care and preservation of Asheville’s rivers and trees. Through our work, Asheville has been designated as a Tree City USA for 37 years.

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French Broad Riverkeeper Releases New Report on River’s Health

Asheville, NC – The French Broad Riverkeeper has released the State of the French Broad River Watershed 2018, the first published report that grades the cleanliness and water quality of 62 creeks and streams throughout the French Broad Watershed.

“Right before jumping into the river, the number one question people ask me is ‘Is it clean?’” says French Broad Riverkeeper Hartwell Carson. “This report is an answer to that question.”

The report combines testing results from the North Carolina Department of Environmental Quality, the Volunteer Water Information Network, the Stream Monitoring Information Exchange, and MountainTrue’s volunteer water quality monitoring programs, weights the data and gives each stream a grade from A through F.

An A grade is given to streams that have excellent water quality and low pollution levels, and Fs are given to streams that have poor water quality. Sixty-six percent of streams scored A or B, a vast improvement from decades past. However improvements are still needed, as 34 percent of the rivers in the report were rated a C or a D.

Four Cleanest Streams:

Middle Fork French Broad River – 100 points

Cathey’s Creek – 100 points

Cataloochee Creek – 100 points

Pigeon, upstream of Canton – 100 points

Four Dirtiest Streams:

Turkey Creek – 60 points

Newfound Creek – 62.5 points

Boylston Creek – 65 points

Fines Creek – 65 points

The report is averaging data sets from various sources collected over the last few years. “The report serves as a good, useful guideline,” explains Hartwell Carson. “But it’s important to remember water quality will vary a bit depending on weather conditions. Water is usually dirtier right after a big rainstorm, so be more cautious when the water is cloudy.”

The cleanest waterways are well protected from pollution, and most of their watersheds are located in protected public lands that lack a lot of agriculture, development or industrial pollution sources. The dirtiest streams lack land-use protections and are heavily impacted by bad agricultural practices and development.

Sediment and bacteria pollution are the most common sources of pollution to our waters. Sediment pollution is caused by runoff from construction sites and agricultural operations as well as eroding stream banks. Bacteria pollution comes from agricultural runoff, sewage leaks and faulty wastewater treatment plants.

If you’re interested in helping to make the French Broad River cleaner and healthier, you can take part in the French Broad Riverkeeper’s water quality volunteer programs. The French Broad Riverkeeper also spearheaded the development of the Muddy Water Watch smartphone app, which allows the public to easily document and report erosion incidents to the appropriate authorities on-the-go. To learn more and download the app, visit: http://www.muddywaterwatch.com/ or get it from the Apple App Store (https://itunes.apple.com/us/app/muddy-waters-watch/id1092256794) or Google Play (https://play.google.com/store/apps/details?id=com.statcrew.muddywaterwatch).

Methodology

The State of the French Broad River Watershed, 2018 report report is an average of all the data available in the French Broad Watershed over the last several years. The report combines chemical data from the Environmental Quality Institute (EQI), benthic macroinvertebrate data from EQI and MountainTrue, E. coli data from MountainTrue’s Swim Guide, and a variety of data sources from the North Carolina Department of Environmental Quality (NCDEQ). The chemical and benthic data was converted into a number so it could be averaged into an overall rating for each stream.

Chemical data from EQI is made available through their Volunteer Water Information Network (VWIN) program. That data is rated as excellent, good, average, below average and poor. Those were assigned the following rating: excellent – 100, good – 90, average – 80, below average – 70, and poor – 60. Benthic macroinvertebrate data is provided through the Stream Monitoring Information Exchange, which lists its stream ratings as excellent, good, good-fair, fair and poor. Those rating were assigned the same ratings as the VWIN data with excellent – 100, good – 90, good-fair – 80, fair – 70 and poor – 60. Swim Guide data was assigned an average of the number of times the data passed the US Environmental Protection Agency’s safe swimming benchmark of 235 E. coli units per 100/ml. If the site passed 75% of the time, then a rating of 75 was assigned that location.

The NCDEQ data was taken from the 303(d) list of water quality data taken by the state. This data is more complicated to average than the previous data sets because it is a mix of testing results for chemical, benthic, bacteria, fish, chemical and specific pollutants . Some locations had multiple parameters measured, such as fish, bacteria and benthic. Each combination of data was assigned an average listed below.

If two parameters either meet the state standard or are good, the score is 100
State data for benthos is good/fair – 85
State data benthos is not impaired – 80
Benthos fair – 65
Benthos poor – 55
Benthos fair and fish poor – 55
Benthos poor, fish fair – 55
Fish good, benthos fair – 77.5
Benthos good/fair, fish good – 90
Fish community excellent, benthos good or vice/versa – 95
Fecal impaired – 60
Meets criteria for a long list of water quality standards – 100
Meets criteria for a long list of water quality standards with some inconclusive – 100
Meets criteria for a long list of water quality standards except one – 90
Two standards are good and one failed – 80

Data points were grouped into subwatersheds and averaged, and this is how we arrived at the final ratings as displayed in the State of the French Broad River Watershed, 2018 report.