The McCrory Administration has been a bit too cozy in the regulation of Duke Energy, McCrory's former employer.
The U.S. Justice Department has launched a criminal investigation into the state environmental agency tasked with regulating Duke Energy after a coal ash spill left the Dan River so polluted that people were told not to touch the water.
Subpoenas have been issued by federal investigators seeking records and information from Duke Energy and state workers involved in the regulatory process.
http://www.newsobserver.com/...
On Feb 2, 82,000 tons of coal ash, mixed in with 27 million gallons of water, leaked out of a toxic waste pond next to the Dan River in Eden, NC. The spill turned the Dan River concrete grey for miles, contaminating it with lead, arsenic, selenium, and all that other great stuff in coal that won't burn. The Dan is the drinking water supply for Danville, VA, and multiple other cities and towns downstream in VA and NC.
It took 10 days for the NC Dept of Health & Human Services to put out a warning for people to avoid contact with the water:
The N.C. Department of Health and Human Services warned people downstream of the Duke Energy coal ash spill on the Dan River to avoid contact with water and sediment from the stream, and not to eat any fish or shellfish from that section of the Dan.
On Wednesday afternoon, the public health division of DHHS released two health advisories related to the spill, saying, “a potential hazard exists immediately downstream of the release,” and that people should avoid recreational contact with water and sediment from the river downstream of the spill, and not touch submerged or floating coal ash or ash that has washed up on the riverbank.
http://www.newsobserver.com/...
And now we've got federal subpoenas:
A letter attached to the subpoena, signed by Walker, states: "An official criminal investigation of a suspected felony is being conducted by the United States and a federal grand jury."
John Skvarla, a Raleigh businessman appointed secretary of the N.C. Department of Environment and Natural Resources by Gov. Pat McCrory, has described his approach to running the state agency as being "a partner" to those it regulates and having a staff with a "customer-friendly" approach.
http://www.newsobserver.com/...
"Customer-friendly". Right.
The subpoena to the state seeks copies of permits related to the plant, as well as "any and all emails, memoranda, letters, photographs, videos, reports, and any other documents or materials" since 2010 that speak to leaks or discharges from the pond. Prosecutors are also seeking documents and emails specifically related to the Feb. 2 spill.
The subpoena does not explicitly say who the target of the criminal probe might be, but it does seek records of communication between Duke Energy and the state during spill's immediate aftermath.
http://www.wral.com/...
The Southern Environmental Law Center has been on the case in the Carolinas for years, trying to force utilities to clean up their coal ash ponds. Duke Energy has been holding out, and NC DENR has been running interference for them as well, settling cases for a pittance without forcing any kind of cleanup.
“Given the damage to Virginia waters that has already occurred, the best option for mitigating future harm is to move the toxic coal ash out of these unlined, earthen pits and into dry, lined landfills away from the rivers and lakes we rely on for drinking water and recreation,” said Cale Jaffe, director of the Virginia office of the Southern Environmental Law Center.
Following lawsuits by the Southern Environmental Law Center, two of the three utilities in the Carolinas—South Carolina Electric & Gas and Santee Cooper—are removing coal ash from unlined pits near rivers to safer dry, lined storage facilities away from rivers and lakes. Neither utility has raised its rates for taking responsible action. The Dan River site is one of fourteen coal ash sites managed by Duke Energy that are the subject of similar lawsuits ongoing in North Carolina state court.
Map links
Drinking water intakes downstream from the Dan River spill: http://cdb.io/...
Drinking water intakes downstream from coal ash pits across the region: http://cdb.io/...
http://www.southernenvironment.org/...
Now the Feds are involved. It's gonna be a lot more expensive for Duke Energy to buy their way out of this one. Maybe the feds will finally force a cleanup of these leaky, unlined waste pits. And as for the McCrory-led NC DENR - maybe their will be his Bridgegate.