Haw River Assembly Wins Injunction on Fracking Permits by North Carolina Mining and Energy Commission
May 20 , 2015 Wake County Superior Court today stayed a constitutional challenge to the state’s Mining and Energy Commission by the Haw River Assembly and a Lee County landowner pending a decision in the appeal of McCrory v. Berger or until further order of the court. During the stay, the MEC is enjoined from accepting or processing permit applications for drilling units and from creating any drilling units. This effectively reinstates the moratorium on fracking in North Carolina. Read the full PRESS RELEASE about the injunction. Read the full Haw River v. MEC court order.
The lawsuit against the MEC charges that the commission violates the separation of powers provision of the North Carolina Constitution because a majority of the commission’s members are political appointees by the legislature, and that the fracking rules, created by an unconstitutional commission, are therefore null and void. (Read the press release concerning the lawsuit and the full legal complaint)
“Today’s decision stopped any immediate harm to North Carolina residents from a commission formed by the state legislature in violation of the separation of powers firmly established in our state constitution pending further court deliberations,” said John Suttles, the senior attorney at the Southern Environmental Law Center who represented the Haw River Assembly and Lee County property owner Keely Wood Puricz before the court.
Get Talking Points for information you can use in your comments.
Two public hearings were held by the state Dept. of Environment and Natural Resources (DENR) in April to gather comments on all state-required approvals for Duke Energy’s plan to landfill coal ash in Chatham and Lee counties. Hundreds of people showed up to dispute the safety to our health and environment for these planned coal ash dumps. Permits include the 401 water quality certificate, structural fill permits and mining permit modifications.
Written comments are due May 16. Make your voice heard!
Read HRA Comments on the the 401 Certification Permit. Send your comments to: firstname.lastname@example.org For permit documents go to http://its.enr.state.nc.us/Weblink8/0/fol/257726/Row1.aspx
Duke Energy and their contractor, Charah, plan to move 12 million tons of coal ash from across the state to Chatham and Lee counties near Moncure and Sanford. The clay/shale pits that would be be turned into ash pits near Brickhaven are in the Cape Fear watershed close to the Haw River. The Chatham County Board of County Commissions has passed a resolution opposing Duke’s plan.
With Very Special Thanks to:
The Bands who played as a benefit to us!
The Bucket Brothers (see them on Facebook)
The Magnolia Collective www.magnoliacollective.com
Honey Magpie www.reverbnation.com/
To the Silent Auction Donors:
Jim Hood, Brenda Featherstone, Haw River Canoe and Kayak Co. Fair Game Beverage Co., Clyde Jones, Saxapahaw General Store, Mark Hewitt Pottery, Judith Brooks, Eliza DuBosc, Ken Moore and Kathy Bucks, Chris Carter, Haw River Ballroom, Wanda Sundermann, Frog Hollow, Katherine Nunn, Lea Clayton, Virgil Johnson, Emma Skurnick, The Eddy, Roy Girolami, Culture Mill, Esther Rogers, LaShauna Austria, 32 Jonathan Davis Blown Glass
Crystal Honeycutt for the herbal plant walk, Paperhand Puppet Theater for the parade, Twig (Chapel Hill) for the store coupons, Great Outdoors Provision Company for the Pereception Kayak we raffled (won by Jason Ackerlay),and to Saxapahaw General Store for displaying it/
And to the wonderful folks of Saturdays in Saxapahaw for hosting us!!!
Go to our Recreation page to find out about paddle access and hiking trails – and enjoy this beautiful river!
Our 25th annual Haw River clean-up was held under rainy skies on Saturday March 14 – some teams waited until Sunday’s sunshine! It was another great effort – and we thank all the volunteers who came out and helped, including youth groups, communities along the river and intrepid paddlers! 15 teams tool part this year with 254volunteers that picked up 518 bags and 153 tires, along with lots of other junk.
The Clean Jordan Lake team postponed until March 28, and had a terrific day with 110 volunteers that picked up 300 bagts of trash and 140 tires Go to http://www.meetup.com/helpcleanjordanlake/ to see more on their efforts.