SELC Press Releases

Immediate Action Needed after NC Tops EPA’s List for High Hazard Coal Ash Waste Sites, says SELC

2009-07-01T13:45:40-05:00

EPA’s recent finding that North Carolina has the most coal combustion waste sites posing a high hazard to the public—12 of the 44 sites nationwide—requires immediate action by leaders at federal, state and local levels to protect residents, according to the Southern Environmental Law Center. With human lives at stake, inspection and abatement of the hazards should be undertaken and no exacerbation of the current risks should be allowed.

“As evidenced in Tennessee, these coal waste sites pose an immediate safety concern in addition to long-term concern over pervasive water quality and soil contamination,” said Chandra Taylor, senior attorney, Southern Environmental Law Center. “Concern over the proximity of these sites to population centers both immediate and downstream should spur immediate action among community leaders now. It’s unacceptable that industrial waste sites are less regulated than household garbage.”

An SELC map shows most of the high hazard coal ash waste sites located in North Carolina’s piedmont region, upstream from many population centers. According to the EPA, a high hazard potential rating indicates that a failure will probably cause loss of human life.

“As the state with the highest number of known high hazard coal ash waste sites nationwide, it’s irresponsible for North Carolina to allow a new power plant without first addressing with the life-cycle risks from the states’ coal burning power plants—from leveling our mountains to get the coal, to fouling our air and waters by burning it, and finally dumping the toxic waste into massive pits that threaten human life,” said John Suttles, senior attorney, Southern Environmental Law Center. “This report again makes it clear that from cradle to grave, there is no such thing as clean coal.”

Nearly a quarter of the sites nationwide—and ten of the 12 North Carolina sites--are Duke Energy sites. The remaining two sites in North Carolina belong to Progress Energy Carolinas, Inc.

Under current North Carolina law, surface impoundments for coal combustion waste are not included in solid waste regulations and they are exempt from the Dam Safety Act. Only a federal National Pollutant Discharge Elimination System permit is required where or if there is discharge into surface waters of the state.

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Note to editors:

- The Southern Environmental Law Center’s report, “Blueprint to Safeguard the Environment, Public Health & Safety from Coal Waste,” outlines the minimum safeguards necessary.

- Southern Environmental Law Center’s maps showing the location of coal ash waste sites in NC and the Southeast are available.

About Southern Environmental Law Center The Southern Environmental Law Center is the only regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC’s team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use.
WEB: www.SouthernEnvironment.org
FACEBOOK: http://www.fanofselc.org
TWITTER: http://www.twitter.com/selc_org

Proposed Naval Warfare Training Range near Only Nursery for Endangered Right Whale Poses Threat, says SELC

2009-06-30T14:05:48-05:00

ATLANTA— The U.S. Navy’s plans to use a marine area comprised of a protected area for snapper-grouper and adjacent to the only known calving ground for endangered North Atlantic right whales as an undersea warfare training range fail to adequately consider harmful environmental impacts, according to the Southern Environmental Law Center.

“The Navy’s proposing a dangerous perfect storm of increased traffic, construction, sonar, and debris in an area critical to commercially valuable and endangered marine life,” said Catherine Wannamaker, attorney, Southern Environmental Law Center. “In this proposal, increased traffic between the naval bases and training range would cross the right whale’s only known calving ground without regard for breeding season or speed. The warfare range itself is inexplicably superimposed on a protected area for commercially valuable snapper and grouper species.”

The Navy plans to lay cables in water depths from 120 to 1,200 feet over an area of 500 nautical miles of ocean—including cables connecting the range to shore through the right whale calving grounds. Construction may take up to three years.

Navy ships – exempt from speed restrictions – would pass through the calving ground when traveling between the bases and proposed training area. The Navy plans to conduct 470 annual exercises on the training range with up to three vessels and two aircraft engaged in simulated warfare. Ships and aircraft would travel to the range from Mayport, FL, and Kings Bay, GA. Ship strikes are the single largest cause of death for right whales. During the 2006 calving season, five whales were killed or injured by ship strikes or entanglements in a population with only about 100 reproductive females.

The Navy’s plans include deployment of non-explosive exercise torpedoes, target submarine simulators, and various forms of active and passive sonar. An assortment of debris will be introduced into the area and left behind, including 3,000 sonobuoys per year, exercise torpedoes, parachute and rope assemblages, and ballast.

Entanglements are another known cause of death for right whales and sea turtles. According to scientists, approximately 10 to 30 percent of the right whale population is entangled each year. Once entangled, animals have trouble eating, breathing or swimming, all of which can have fatal results.

Ingestion of marine debris traveling the ocean’s currents and littering beaches is also known to be a potentially fatal threat to endangered sea turtles.

According to its own documents, environmental impacts were not part of the Navy’s criteria in selecting a site for its warfare training range.

Despite Georgia’s objection to the proposal and concerns raised by environmental groups and the state of Florida, the Navy rejected numerous proposed measures that could have lessened the environmental impact of its activities. It rejected:

Speed restrictions adopted by the National Marine Fisheries Service to protect right whales,

Seasonal restrictions on training during the right whale calving period,

The use of third party observers to help spot right whales,

The surveying of the training area prior to exercises to ensure that no marine mammals are present, and

The use of ramp-up sonar activities that could clear the area of marine mammals before training exercises begin.

The Navy has even refused to report marine mammals sighted during training exercises to further scientific understanding of the species on the grounds that this would burden Navy personnel during training exercises. Although the Navy does not plan to use sonar within the critical habitat, it has not proposed any mitigation for sonar traveling from the training range into the calving ground during the calving season.

In a process being closely monitored by the Southern Environmental Law Center for over three years, the Navy released its final environmental impact statement on Friday. SELC submitted comments to the U.S. Navy outlining concerns on behalf of twelve environmental groups last year. The U.S. Navy is expected to issue its record of decision in the “Federal Register” in the coming months and must receive a letter of authorization from the National Marine Fisheries Service for incidental take of marine species.

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Note to editors: Photos and video b-roll of right whales are available at http://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/rightwhale_photos.htm

Video b-roll of sea turtles is available at http://www.fws.gov/video/broll.htm

Photos of sea turtles are available at http://digitalrepository.fws.gov/index.php

The U.S. Navy’s final Environmental Impact Statement is available at http://projects.earthtech.com/uswtr/EIS/FOEIS-EIS_2009/FOEIS-EIS_2009.htm

The Southern Environmental Law Center’s comments on the draft plan are available.

An SELC map of the area including the proposed training range, Naval bases, right whale sightings and calving grounds, and marine protected areas is available.

About Southern Environmental Law Center The Southern Environmental Law Center is the only regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC’s team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use. WEB: www.SouthernEnvironment.org

FACEBOOK: http://www.fanofselc.org

TWITTER: http://www.twitter.com/selc_org

House Passes First U.S. Effort on Climate Change

2009-06-26T20:32:31-05:00

Passage of this House bill signals a seismic shift in U.S. policy on climate change—from ignoring the problem to attempting to solve it—but the bill needs strengthening by the Senate. We appreciate all the representatives of the Southeast who stepped forward to tackle the problem of global warming through this monumental effort. Now we look forward to working with the Senate to strengthen the bill.

The legislation establishes a strong cap for heat-trapping gases, and provides a clear path for decreasing the emissions cap based on evolving science. It also includes a broad range of measures that promote energy efficiency and clean energy.

Unfortunately, concessions on biofuels, biomass, offsets and clean air protections threaten to seriously compromise the bill’s ability to achieve its goal of reducing heat-trapping gases.

The Southeast has many opportunities for power from renewable energy including biomass, but last minute deals eliminating key safeguards for forests threaten some of America’s great public forests and our private forest lands in the Southeast.

Effective oversight of carbon offsets should be the responsibility of the Environmental Protection Agency, not the Department of Agriculture as in the version of the bill that passed the House.

This climate legislation should not be used as a vehicle to erode existing health and environmental protections under the Clean Air Act.

With so many in need and the enormity of the challenges before us, the Senate now has the opportunity to restore money to the public’s wallet and encourage cleaner, more efficient industries by auctioning off more credits that make pollution and inefficiency costly. Policymakers should be wary of repeating Europe’s mistake of giving away too many credits to polluters.

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About Southern Environmental Law Center The Southern Environmental Law Center is the only regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC’s team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use.

WEB: www.SouthernEnvironment.org

FACEBOOK: http://www.fanofselc.org

TWITTER: http://www.twitter.com/selc_org

SELC lauds action by Kaine Administration to improve Virginia's air quality

2009-06-23T19:15:19-05:00

Va Governor Kaine looks on as SELC Senior Attorney Frank Rambo speaks at the governor's press conference.

As part of his ongoing Renew Virginia environmental initiative, Gov. Tim Kaine today announced that the Department of Environmental Quality is beginning a systematic review of certain industrial facilities built decades ago that may be contributing to violations of health-based air quality standards in dozens of Virginia counties, towns and cities.

The Governor made the announcement at Dominion Virginia Power's Chesterfield Power Station, one of the three facilities identified by the DEQ to undergo this review process first, along with American Electric Power's coal-fired power plant in Glen Lyn, Giles County, and the MeadWestvaco paper mill in Covington, Alleghany County. The DEQ said it plans to conduct the same review for other, so-called "grandfathered" sources in the future.

The federal government sets "national ambient-air quality standards" for several air pollutants, including ozone and soot, or particulate matter. Both of these pollutants are linked to health risks, including lung disease and heart disease; children and the elderly are especially vulnerable. The federal government also designates areas that fail to meet the standards. Once designated as an ozone or particulate matter "nonattainment" area, those areas and the state must meet certain deadlines and measures for cleaning up the air.

The Northern Virginia area is currently designated as nonattainment for both pollutants. Under the Environmental Protection Agency's new ozone standards last year, and based on the state's own recommendations, the Fredericksburg, Richmond and Hampton Roads areas will be designated in nonattainment for ozone.

Following is a statement from SELC Senior Attorney Frank Rambo:

"States have an ongoing obligation under the Clean Air Act to require cuts in emissions that contribute to unhealthy, unlawful levels of air pollution in our communities. We are greatly encouraged by Governor Kaine's leadership in taking this important and promising first step of identifying some of the top sources of those emissions. It's critical that the process be rigorous, and that compliance with the standards is enforced fully, no matter who resides in the governor's mansion."

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Senate committee passes compromise version of key water protection bill

2009-06-18T21:03:30-05:00

In a major step toward reversing years of attacks on wetlands and water protections, the Senate Environment and Public Works Committee today passed the Clean Water Restoration Act (S.787) by a 12-7 vote.

The bill would clarify the extent of federal protection for all "waters of the United States" as Congress originally intended in passing the Clean Water Act in 1972, which many view as one of the most successful environmental protection laws. Over time, a series of U.S. Supreme Court decisions and Bush Administration polices created uncertainty regarding federal protection for some waters, especially headwater streams and so-called "isolated" wetlands.

The impacts of confusing jurisdiction of the Clean Water Act protections has taken an especially heavy toll in the water-rich South, where clean, plentiful water is directly related to the health of the web of tributaries and wetlands that make up much of our watersheds. These smaller waters are considered the "first-responders" to controlling pollution and floods.

Following is a statement from Chris DeScherer:
"The Southern Environmental Law Center welcomes today's action. This bill is critical to protecting drinking water, wildlife habitat, recreation opportunities, and any number of community economies in the South. Although SELC and many others have fought hard to protect these waters, I can't tell you how many wetlands or small streams may have been lost forever because of misinterpretation of the Clean Water Act. The passage of this bill won't come a day too soon."

Nat Mund:
"SELC applauds Chairman Boxer and Senator Feingold for their leadership on this issue. We're pleased that they were able to work out a compromise with other Senators to move a bill forward that clarifies clean water protections for all waters of the United States. We also thank the Obama Administration for weighing in on the need to pass this type of legislation."

Background:
Several Supreme Court decisions (SWANCC in 2001 and Rapanos in 2006) and subsequent directives from the EPA and Corps of Engineers have confused which waters are protected and which are not. The court and agencies, hinging their rationale on the term "navigable," have muddied the scope of protections for so-called "isolated" wetlands and headwater (ephemeral or intermittent) streams.

Whereas virtually all U.S. waters were once protected, the current approach is to make determinations on a case-by-case basis, which creates uncertainty for all interests, including developers and others in the regulated community as each Corps district is applying its own criteria for determining what waters are and aren't covered. Moreover, regulating the nation's water resources in this piecemeal fashion disregards the interconnectedness of our watersheds upon which clean, healthy water relies.

The Clean Water Restoration Act would re-confirm protection for all waters of the U.S., while still maintaining certain exemptions for agriculture and timber harvesting important to those industries.

EPA Abandons Wetlands and Fisheries to Destruction in 2nd Largest U.S. Estuary

2009-06-18T19:13:08-05:00

The Environmental Protection Agency last night backed away from its earlier finding that an 11,000 acre mine expansion by PCS Phosphate posed “unacceptable harm” to critical wetlands and fisheries in the nation’s second largest estuary, the Albemarle-Pamlico, according to environmental groups. After elevating the mining permit to the national level in a rare move, EPA could have vetoed the destruction of 1,200 acres of the most critical wetlands and nurseries while still allowing continued mining by the company for 29 years.

“EPA has inexplicably reversed course, embracing a devastating mine plan that it determined would cause unacceptable harm just two months ago,” said Derb Carter, director, Carolinas Office, the Southern Environmental Law Center. “EPA isn’t protecting the environment our children and grandchildren will inherit long after PCS Phosphate mining has left the area.”

After EPA’s elevation of the mining permit, the Corps rejected the minimum steps EPA determined necessary to avoid “unacceptable” impacts from the mine expansion, leaving EPA’s concerns largely unaddressed. In EPA’s letter accepting the permit, it acknowledged the inevitable wetlands destruction EPA has now allowed, noting that the permit is “designed to provide for the early detection of unacceptable impacts.”

In a June 11th letter to EPA following the Corps permit decision, the South Atlantic Fishery Management Council recommended EPA veto the permit in concurrence with multiple federal and state agencies. The Council found that the permitted mine expansion will result in “significant and unacceptable impacts” to essential fish habitats including coastal ecosystems and aquatic resources that depend on them.

Environmental groups urged EPA Administrator Lisa Jackson to stand by her agency’s findings and implement the administration’s pledge in a letter to U.S. Senator Barbara Boxer, “we need to identify opportunities to expand protection of wetlands and other aquatic resources that are especially vulnerable or critical to sustaining the health of [aquatic] systems.”

In a letter to the Corps, EPA stated it will not act to prevent the destruction of wetlands and fisheries.

PCS Phosphate’s permitted mine expansion will be the largest single destruction of wetlands permitted in North Carolina history. It jeopardizes the irreplaceable ecosystem of Albemarle-Pamlico Sound, the nation’s second largest estuary and one of the most productive American fisheries which generates thousands of jobs and over $1 billion annually.

In its objections to the permit, EPA requested that the Corps revise the permit to

reduce wetland impacts by 29 percent (1,166 acres);

prohibit mining that would affect the most sensitive fish nursery areas, prohibit mining of rare hardwood wetlands; and

improve the proposed mitigation to compensate for remaining wetland and water quality impacts.

The Corps’s response to EPA reduces wetland impacts by only 1 percent (44 acres) and fails to address other EPA concerns and recommendations.

Concern over PCS Phosphate’s planned destruction of wetlands and primary nurseries near the Pamlico River remain unaddressed despite consistently being raised by the N.C. Division of Marine Fisheries, N.C. Wildlife Resources Commission, U.S. EPA, U.S. Fish and Wildlife Service, National Marine Fisheries Service, and the South Atlantic Fishery Management Council throughout the permit process.

Acting as its own agent of delay, the company sued North Carolina for years during the permitting process after being warned such action would delay the issuance of any permit. PCS Phosphate, a subsidiary of Potash Corporation of Saskatchewan, is now permitted to mine 11,000 acres, including 4,000 acres of wetlands and more than four miles of tidal creeks and streams bordering the Pamlico River.

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About Southern Environmental Law Center The Southern Environmental Law Center is the only regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC’s team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use.

WEB: www.SouthernEnvironment.org

FACEBOOK: http://www.fanofselc.org

TWITTER: http://www.twitter.com/selc_org

About Environmental Defense Fund A leading national nonprofit organization, Environmental Defense Fund represents more than 700,000 members. Since 1967, Environmental Defense Fund has linked science, economics, law and innovative private-sector partnerships to create breakthrough solutions to the most serious environmental problems. For more information, visit www.edf.org.

About North Carolina Sierra Club Sierra Club is the nation’s oldest and largest grassroots environmental organization with over 17,000 members in North Carolina.

About Pamlico-Tar River Foundation The Pamlico-Tar River Foundation, founded in 1981, is a grassroots environmental organization representing greater than 2000 members and a licensed member of Waterkeeper Alliance, Inc. Our mission is to enhance and protect the Pamlico-Tar River watershed through education, advocacy, and research.

About North Carolina Coastal Federation The North Carolina Coastal Federation (NCCF) is the state’s only non-profit organization focused exclusively on protecting and restoring the coast of North Carolina through education, advocacy and habitat restoration and preservation. www.nccoast.org

SELC lauds steps by Dominion, Governor to increase energy efficiency in Virginia

2009-06-16T15:52:22-05:00

Dominion Virginia Power today announced a pilot program to install some 46,500 "smart meters" in homes and businesses in Charlottesville and Albemarle County, taking an important step toward tapping energy efficiency as a viable source of energy. Energy efficiency is a cleaner, more affordable, and more sustainable source of electricity than traditional coal-fired power plants and other fossil fuels. Charlottesville is the first community in Virginia, and one of the first in the country, to undertake a smart-metering effort.

The smart meters will provide Dominion near-instant digital feedback on customer electricity usage. Among other things, this will support new time-based electricity rates designed to encourage conservation. The program will also allow the utility to turn service off and on remotely, and reduce on-site meter reading. More importantly, the smart meters will lay the groundwork for a "smart grid" that will enhance opportunities for energy efficiency and conservation across Dominion service area. Other smart-grid capabilities that SELC advocates for in the future include in-home displays that allow customers to monitor and adjust their own electricity use, and mechanisms that enable automatic adjustments to stagger electricity use during times of high demand, like hot summer days.

The announcement follows Governor Tim Kaine's executive order last week expanding efforts to implement energy efficiency throughout Virginia executive branch agencies and institutions. The policy promotes energy efficiency by incentivizing agencies to lower their electricity use and directs them to purchase or lease only EnergyStar-rated equipment, among other measures.

Following is a statement from Sarah Rispin, SELC staff attorney and energy efficiency expert:

"Dominion deserves a round of applause for launching this smart-meter program, and I'm delighted it happens to be in my community. And Governor Kaine deserves a round of applause for leading by example. His directive last week to his own state agencies gets the ball rolling on energy efficiency by creating a large market for energy conservation services and other green jobs. These are the right kinds of solutions we need to turn Virginia toward a cleaner, more sustainable energy future, with the additional benefit of boosting the economy."

Note to editors: Sarah Rispin will be available for print, radio and television interviews throughout the day. Headshot is also available.

Background:

Governor Kaine's Commission on Climate Change, after a year of research and public input, last year determined the state could readily meet 19% of its energy needs by 2025 through efficiency alone. In 2006, Virginia utilities ranked 45th in the country in percentage of revenues they spent on efficiency - a total of just $84,000.

The General Assembly this year passed a number of energy bills, including one that allows utilities to seek a fair rate of return on their investments in energy efficiency measures, putting clean energy closer to a level playing field with traditional and more costly sources. Dominion said the "SmartGrid Charlottesville" program would cost about $20 million.

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Groups Agree: Strong Energy Efficiency Program Ready to Go

2009-06-12T13:14:39-05:00

Environmental organizations today reached an agreement with Duke Energy Carolinas and North Carolina Utilities Commission Public Staff under which the company agrees to meet an aggressive energy savings target and cap earnings from energy efficiency programs at levels that protect customers’ interests in fair rates while still encouraging strong performance.

Consistent with the recommendations of national efficiency experts, the agreement sets a target to reduce energy demand by almost 2 percent within four years—compared to only 1.2 percent in four years under Duke’s original proposal--with the potential to achieve energy savings of over 8 percent within 10 years. If Duke Energy achieves its target, the cumulative energy savings impact will reach almost 6,800 gigawatt-hours by 2020--slightly more than the annual output of an 800-megawatt power plant like Cliffside.

An agreement in principle was also reached to file a similar agreement in South Carolina this summer.

Energy efficiency is the cleanest, cheapest way to defer or avoid the need for expensive, polluting new power plants, protecting the climate, public health and customers’ wallets. The agreement provides Duke Energy with a strong incentive to achieve energy savings while ensuring that customers benefit financially through low-cost energy efficiency measures rather than paying for expensive new power plants.

Today’s agreement also provides for a strong stakeholder advisory group composed of environmental, consumer, low-income and business interests to ensure transparency and encourage new ideas.

The groups opposed Duke Energy’s original “Save a Watt” proposal because it would have yielded meager energy savings while charging customers too much.

Today all parties to the agreement--Environmental Defense Fund, the Natural Resources Defense Council, Southern Alliance for Clean Energy, the Southern Environmental Law Center, North Carolina Utilities Commission Public Staff, and Duke Energy Carolinas--jointly filed the settlement agreement with the North Carolina Utilities Commission for approval.

The South Carolina agreement in principle includes the same environmental organizations, along with the South Carolina Coastal Conservation League. The agreement in principle lays the groundwork for settlement in South Carolina after further negotiations with Duke Energy Carolinas and other parties in South Carolina. The groups plan to file an agreement with the South Carolina Public Service Commission this summer.

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The Southern Environmental Law Center is the only regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC’s team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use.

WEB: www.SouthernEnvironment.org

FACEBOOK: http://www.fanofselc.org

TWITTER: http://www.twitter.com/selc_org

Southern Alliance for Clean Energy is a not-for-profit, non-partisan organization working to promote responsible energy choices that solve global warming problems and ensure clean, safe, healthy communities throughout the Southeast. Please visit www.cleanenergy.org.

A leading national nonprofit organization, Environmental Defense Fund represents more than 700,000 members. Since 1967, Environmental Defense Fund has linked science, economics, law and innovative private-sector partnerships to create breakthrough solutions to the most serious environmental problems. For more information, visit www.edf.org.

The Natural Resources Defense Council is a national, nonprofit organization of scientists, lawyers and environmental specialists dedicated to protecting public health and the environment. Founded in 1970, NRDC has 1.2 million members and online activists, served from offices in New York, Washington, Chicago, Los Angeles, San Francisco and Beijing. www.nrdc.org

The Coastal Conservation League is a grassroots non-profit conservation organization, founded in 1989 to protect the natural environment of the South Carolina coastal plain and to enhance the quality of life of our coastal communities. The League works with individuals, businesses, and government to ensure balanced solutions.

Groups Urge EPA: Veto Mining Wetlands and Nurseries

2009-06-08T18:43:01-05:00

Environmental groups today urged the Environmental Protection Agency to veto the mining of almost 1200 acres of critical wetlands and nurseries while still allowing continued PCS Phosphate mining of 11,000 acres in the Albemarle-Pamlico estuary after the U.S. Army Corps of Engineers failed to address serious concerns about irreversible harm during a rare national elevation of the mining permit.

“Now it’s up to EPA whether commercial fishing, tourism, and health of North Carolina’s people will be protected while mining continues,” said Derb Carter, director, Carolinas Office, Southern Environmental Law Center. “EPA already determined the mine expansion will destroy important fisheries and river ecosystems, crippling our children and grandchildren’s economic future and health until long after PCS has left the area.”

The concerns were so grave that the EPA called them “unacceptable” and elevated the proposed mining expansion to the national level for careful review. In issuing the permit, the Corps rejected the minimum steps EPA determined were necessary to avoid “unacceptable” impacts from the mine expansion. Now, under its mandate to protect people and their environment, the EPA must demand additional protections through a veto of the proposed permit while still allowing for uninterrupted and profitable mining for 29 more years.

A letter from Environmental Defense Fund, North Carolina Coastal Federation, Pamlico-Tar River Foundation, Sierra Club and the Southern Environmental Law Center asks EPA Administrator Lisa Jackson to stand by her agency’s findings and put into practice the Obama Administration’s words in a May 20th letter to U.S. Senator Barbara Boxer, “we need to identify opportunities to expand protection of wetlands and other aquatic resources that are especially vulnerable or critical to sustaining the health of [aquatic] systems.”

PCS Phosphate’s current mine expansion proposal in North Carolina would be the largest single destruction of wetlands permitted in state history, causing irreversible harm to tourism and fishing in the immediate area and downstream along the state’s beautiful coastline. It jeopardizes the irreplaceable ecosystem of Albemarle-Pamlico Sound, the nation’s second largest estuary and one of the most productive American fisheries which generates thousands of jobs and over $1 billion annually.

In its objections to the permit, EPA requested that the Corps revise the permit to

reduce wetland impacts by 29 percent (1,166 acres);

prohibit mining that would affect the most sensitive fish nursery areas;

prohibit mining of rare hardwood wetlands; and

improve the proposed mitigation to compensate for remaining wetland and water quality impacts.

The Corps’s response to EPA reduces wetland impacts by only 1 percent (44 acres) and fails to address all other EPA concerns and recommendations.

Concern over PCS Phosphate’s planned destruction of wetlands and primary nurseries near the Pamlico River remain unaddressed despite consistently being raised by the N.C. Division of Marine Fisheries, N.C. Wildlife Resources Commission, U.S. EPA, U.S. Fish and Wildlife Service, National Marine Fisheries Service, and the South Atlantic Fishery Management Council throughout the whole permit process.

Acting as its own agent of delay, the company sued the state for years during the permitting process after being warned such action would delay the issuance of any permits. PCS Phosphate plans to mine 11,000 acres, including 4,000 acres of wetlands and more than four miles of tidal creeks and streams bordering the Pamlico River.

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About Southern Environmental Law Center The Southern Environmental Law Center is the only regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC’s team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use. WEB: www.SouthernEnvironment.org FACEBOOK: http://www.fanofselc.org TWITTER: http://www.twitter.com/selc_org

About North Carolina Sierra Club Sierra Club is the nation’s oldest and largest grassroots environmental organization with over 17,000 members in North Carolina.

About Pamlico-Tar River Foundation The Pamlico-Tar River Foundation, founded in 1981, is a grassroots environmental organization representing greater than 2000 members and a licensed member of Waterkeeper Alliance, Inc. Our mission is to enhance and protect the Pamlico-Tar River watershed through education, advocacy, and research.

About North Carolina Coastal Federation The North Carolina Coastal Federation (NCCF) is the state’s only non-profit organization focused exclusively on protecting and restoring the coast of North Carolina through education, advocacy and habitat restoration and preservation. www.nccoast.org

About Environmental Defense Fund A leading national nonprofit organization, Environmental Defense Fund represents more than 500,000 members. Since 1967, Environmental Defense Fund has linked science, economics, law and innovative private-sector partnerships to create breakthrough solutions to the most serious environmental problems. For more information, visit www.edf.org.

EPA Must Protect North Carolina's Fisheries after Army Corps of Engineers Fails to Address Grave Concerns about PCS’ Mine Expansion

2009-05-06T18:48:27-05:00

CHAPEL HILL, NC—Protection of North Carolina’s economic diversity, natural wealth and people hinges on the Environmental Protection Agency after the U.S. Army Corps of Engineers failed to address serious concerns about irreversible harm from PCS Phosphate’s planned mining expansion, according to environmental groups.

“With this latest failure of the Corps, it’s now in EPA’s hands whether commercial fishing, recreation, tourism, and health of North Carolina’s people will be protected while mining continues,” said Derb Carter, director, Carolinas Office, Southern Environmental Law Center. “Destroying important fisheries and river ecosystems will mortgage our children and grandchildren’s economic future and health long after PCS has left the area. No mitigation measures can reverse such mining damage.”

The concerns were so grave that the EPA called them “unacceptable” and elevated the proposed mining expansion to the national level for careful review. Now, under its mandate to protect people and their environment, the EPA may demand additional protections through a veto of the proposed permit while still allowing for some interim mining expansion.

Concern over PCS Phosphate’s planned destruction of wetlands and primary nurseries near the Pamlico River remain unaddressed despite consistently being raised by the N.C. Division of Marine Fisheries, N.C. Wildlife Resources Commission, U.S. EPA, U.S. Fish and Wildlife Service, National Marine Fisheries Service, and the South Atlantic Fishery Management Council throughout the whole permit process.

PCS Phosphate’s current mine expansion proposal in Beaufort County would be the largest single destruction of wetlands permitted in North Carolina’s history, causing irreversible harm to tourism and fishing in the immediate area and downstream along the state’s beautiful coastline. It jeopardizes the irreplaceable ecosystem of Albemarle-Pamlico Sound, one of the most productive American fisheries, which generates thousands of jobs and over $1 billion annually.

Acting as its own agent of delay, the company sued the state for years during the permitting process after being warned such action would delay the issuance of any permits. PCS Phosphate plans to mine 11,000 acres, including 4,000 acres of wetlands and nearly five miles of tidal creeks and streams bordering the Pamlico River.

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About Southern Environmental Law Center
The Southern Environmental Law Center is the only regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC’s team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use.
WEB: www.SouthernEnvironment.org
FACEBOOK: http://www.fanofselc.org
TWITTER: http://www.twitter.com/selc_org

About North Carolina Sierra Club
Sierra Club is the nation’s oldest and largest grassroots environmental organization with over 17,000 members in North Carolina.

About Pamlico-Tar River Foundation
The Pamlico-Tar River Foundation, founded in 1981, is a grassroots environmental organization representing greater than 2000 members and a licensed member of Waterkeeper Alliance, Inc. Our mission is to enhance and protect the Pamlico-Tar River watershed through education, advocacy, and research.

About North Carolina Coastal Federation
The North Carolina Coastal Federation (NCCF) is the state’s only non-profit organization focused exclusively on protecting and restoring the coast of North Carolina through education, advocacy and habitat restoration and preservation. www.nccoast.org

About Environmental Defense Fund
A leading national nonprofit organization, Environmental Defense Fund represents more than 500,000 members. Since 1967, Environmental Defense Fund has linked science, economics, law and innovative private-sector partnerships to create breakthrough solutions to the most serious environmental problems. For more information, visit www.edf.org.