Current Issues

Pure Farms, Pure Water

GOAL: Eliminate the impacts of factory farms on our waterways and our communities.

CAFOs stands for Concentrated Animal Feeding Operations, commonly known as factory farms. These operations cram thousands of animals into warehouse style buildings, creating one of the greatest sources of water pollution in the country, endangering public health and putting family farmers out of business.

 

Celebrating 40 Years of the Clean Water Act

clean drinking water

Celebrating 40 Years of Clean Water and Healthy Communities.

Nearly 40 years ago, Congress signed into law a historic piece of legislation that would turn the tide of our polluted waterways and hold big polluters accountable for their actions and attacks on the health of our communities. Prior to the Clean Water Act’s enactment, the Cuyahoga River was so polluted that it was literally in flames, the majestic Hudson River’s fishery was gone and Lake Erie was declared all but dead.

Fracking

Fracking in North Carolina

The North Carolina General Assembly passed Senate Bill 820 in July of 2012, legalizing hydraulic fracturing, or "fracking", the practice of horizontal drilling to extract natural gas from shale rock formations. NC Department of Environment and Natural Resources set up the Mining and Energy Commission to study and assess the fracking process and to determine regulations needed to frack safely.

Alcoa Re-Licensing

The Value of a River

Renowned Economist, Michael Shuman, says state ownership of the four hydroelectric dams on the Yadkin could result in more than $1.2 billion in additional state revenues, and the creation and addition of 14,000-75,000 jobs.

Yadkin Riverkeeper, local county commissioners, citizen interest groups and North Carolina law makers enter the fifth year of legal challenges and fierce opposition to prevent Aluminum giant Alcoa from receiving a 50 year license from the Federal Energy Regulatory Commission (FERC) to control four hydro-power dams located on the Yadkin River. According to proponents of local control of the river, Alcoa is a multinational corporation that presently monopolizes and exploits the Yadkin River’s hydroelectric capacity for its bottom line, with little in return to the people of North Carolina.

Because the cost of generating hydropower is relatively low and the price of electricity is high, Alcoa enjoys an after-tax profit of at least $7 million to $8 million per year. Alcoa has applied to the Federal Energy Regulatory Commission (FERC), the agency responsible for the licensing of public to continue reaping those funds.

“If the public is supposed to be the true beneficiary of this resource, it is important for the public to understand the value of this important natural resource that belongs to the citizens of NC, said Yadkin Riverkeeper, Dean Naujoks.  “But how do you measure the economic value of a river?”

While there is no simple formula, nationally-known economist Dr. Michael Shuman has come up with some intriguing projections for North Carolina’s second largest river system, the Yadkin.

Commissioned by Central Park N.C., a regional sustainable development organization, Shuman has conducted a five-month study to compare the economic outcome if North Carolina can “recapture” the federal license to operate four hydroelectric dams on the river, rather than Alcoa Power Generating Inc., getting the license for another 50 years.

Shuman’s report concludes that if the state received the standard 50-year federal license to operate hydroelectric facilities on the river, and implemented proper oversight of them, the setup can result in more than $1.2 billion in additional state revenues, and the creation and addition of 14,000-75,000 jobs. Click here to read more

US Supreme Court Ruling in PPL Montana, LLC v. Montana

How this ruling may affect Alcoa Re-licensing of Yadkin River Dams

February 27, 2012

Press Advisory

By Dean Naujoks

Last week, the U.S. Supreme Court sent a case back to the State of Montana for their courts to decide which sections of river beds in that state were owned by the state. Montana is directed to determine ownership by looking at “navigability,” which sections of these rivers were passable by boats.  Justice Kennedy decided to go beyond what was needed to decide the case and added some passing remarks at the end.  After deciding the issues, the Court said that Montana’s failure to charge rent for use of the river beds should be evidence that the rivers themselves were not passable by boats. 

Clean Water Under Attack

Vigilance Alert:

Legislation working its way through congress would severly impair the EPA's authority to impose restrictions on polluters nationwide. This legislation would give the states veto power on a number of water quality concerns that the Clean Water Act currently authorizes the EPA to make - essentially circumventing the EPA's ability to stop states from dismantling water quality requirements simply to lure polluters for economic reasons. These short-sighted gains can only result in severe longterm destruction of our country's natural resources.

Coal Ash Pollution

The Dirty Lie Continues - Be Heard!

Mercury is a heavy metal that accumulates in the fish we eat and can negatively impact brain function- and coal-fired power plants are the main source.
Over 500,000 people spoke up for the Utility mercury rule, a strong standard on hazardous air pollution that would reduce mercury emissions from coal-fired power plants by 91%. 

The science is in and the American people have spoken, but some members of Congress are only listening to big polluters like the coal industry. It’s no secret why -- in 2010 alone, Big Coal spent $200 million lobbying Congress to ensure their profits were protected instead of the health of our lakes, wildlife and children.

Alcoa Pollution

See the map below to view the locations of Alcoa's 46 Solid Waste Management Units (SWMUs). These areas contain concentrated levels of toxins produced by the aluminum smelting process, including arsenic, cyanide, PCBs and flouride. 

Monroe Litigation: Latest Update

On April 26, 2013 the US Army Corps of Engineers revoked NCDOT's permit for the Monroe Bypass.  The permit is required under section 404 of the Clean Water Act and the Bypass cannot be constructed without it.  The Yadkin Riverkeeper along with Clean Air Carolina and the NC Wildlife Federation have been urging the Corps to revoke the permit since the ruling by the United States Court of Appeals for the Fourth Circuit last May which invalidated the environmental study performed by NCDOT.

On February 5, 2013 the groups issued a Notice of Intent to sue under the Clean Water Act to the Corps.   In response to that letter, the Corp finally agreed to revoke the permit, almost a year after the Fourth Circuit's ruling.  Other agencies including the US Fish and Wildlife Service, and the Department of Environment and Natural Resources have also withdrawn their approvals for the project.  NCDOT will need to re-apply for all these approvals, and complete its environmental review under the National Environmental Policy Act before taking any further steps

In the meantime the Yadkin Riverkeeper will continue to work with local community groups in Union County to urge NCDOT to consider alternative solutions to the Bypass such as upgrades to US 74, 218 and Old Monroe road.

Facts

The Project

  • The Monroe Bypass would be a $740 million, 20-mile highway through the large exurban-rural area of North Carolina, east of Charlotte.  The project would have nine interchanges, and has been heavily promoted by real estate speculators.
  • The Bypass would destroy at least 499 acres of active agricultural lands. 95 homes, including a number of Century Farms, and 47 businesses will have to be relocated, with 7 neighborhoods being disturbed.  Three churches are also directly impacted. 
  • Only about 40 percent of the cost of the project would be paid by tolls. The rest would come from taxpayers in the form of an appropriation from the State of $24 million every year for the next 30 years.
  • There are lower cost alternatives to solving traffic in the region that would spare the many homes and family farms in the way of the bypass project.  An NCDOT study found that the vast majority of the congestion in the U.S. 74 corridor could be addressed for $15 million, a fraction of the cost of the Monroe Bypass.

Purpose and Need of the Bypass

  • The stated purpose of the Bypass is NOT to improve congestion on existing US 74.
  • Rather, the stated purpose is to improve high speed travel between I-485 and the Town of Marshville.
  • NCDOT predicts that construction of the Bypass will NOT greatly alleviate congestion on US 74.
  • Recent statements indicate that the Turnpike Authority would not be in favor of improvements to US 74 that would have a “competing interest with the Bypass.” 
  • Constructing the Bypass will remove the “Strategic Highway Corridor” designation from US 74- meaning that US 74 will no longer be a priority for state improvements.
  • The Turnpike Authority has never looked at how much traffic in the US 74 is local traffic, versus through traffic.  Thus the Authority does not have a good sense of who will actually use the Bypass.
  • The Authority has indicated that truck drivers are mixed about whether they will use it or not and significant truck traffic will stay on US 74.
  • Statewide planning documents indicate that a key purpose of the Monroe Bypass is a proposed 5,000 acre business park called Legacy Park that is planned to be constructed near Marshville. 

The Court’s Decision

  • The United States Court of Appeals for the Fourth Circuit found that the North Carolina Turnpike Authority misled the public and other agencies in their environmental analysis of the proposed toll highway.
  • State and federal permitting agencies and environmental groups repeatedly questioned the Turnpike Authority about fundamental flaws in the analysis throughout the administrative process.
  • The agencies continually denied the flaws, which they knew to be present in their analysis, and even published a denial in the official federal Record of Decision.
  • The appeals court recognized that the “critically important” flaw of including the project in the base case “no build” scenario masked the environmental and human impacts of the project and thus prevented a fair comparison of less expensive, community-friendly alternatives.

SELC filed suit in November, 2010 to put the brakes on the bypass - one of the biggest highway expansion proposals North Carolina history- and May 2012 the Appeals Court ruled that federal and state agencies illegally approved the controversial project.

Fibrowatt and North Carolina

Fibrowatt LLC is owned by Homeland Renewable Energy of New Hampshire. Fibrowatt wants to build poultry litter incinerators with steam-driven turbines in North Carolina. These plants will generate a relatively small amount of energy (somewhere between 40 to 55 Megawatt per plant, which is enough to power about 30,000 homes).