With the signing of House Bill 2, an atrocious law that allows for discrimination against the LGBT community, Governor Pat McCrory has reaffirmed his record of extremism and prejudice. North Carolina has already seen backlash from businesses and the NBA, making it a guaranteed job-killer that hurts the state’s economic and social statuses.
Before taking office, McCrory campaigned as a moderate Republican, but since then, he has earned an extreme record fit for the #PartyOfTrump:
LGBT community:
Despite asking the state legislature to “steer clear” of local politics in 2015, the governor has signed a bill that overturns a local ordinance in order to single out and marginalize the LGBT community. Republicans and McCrory are pushing a malicious smear campaign against the trans community to ban them from using the bathrooms of their choosing.
Women’s health:
North Carolina women have seen promise after promise broken by Gov. McCrory. During his 2012 campaign, McCrory pledged not to sign any new restrictions on a woman’s right to choose into law. In his first year as governor, he signed a bill that imposed more restrictions on abortion, forcing the closing of multiple women’s health clinics in North Carolina. Then in 2015, McCrory broke his promise again when he extended the abortion wait period to 72 hours, one of the longest in the country.
Middle Class North Carolinians:
McCrory has abandoned the middle class. Forgetting his assurances that he would not raise taxes on the middle class, the governor supported a budget in 2015 that increases taxes on middle class North Carolinians, raising fees on car registration, sales taxes on maintenance for cars and home appliances, and fees for newborn screenings.
Environment and clean water:
McCrory’s deep ties to Duke Energy are well documented and have undoubtedly influenced his handling of environmental violations. The governor weakened the Department of Environment and Natural Resources after taking office. In 2014, Duke Energy was the cause of a massive coal ash spill into the Dan River. According to the Associated Press, as much as 82,000 tons of coal ash and 27 million gallons of contaminated water leaked into the river. Instead of holding Duke Energy accountable, McCrory and his cronies cut a backroom deal with the company, lowering their fine from $102 million to only $7 million.
Background:
McCrory Asked The General Assembly To Steer Clear Of Local Politics
When The General Assembly Passed A Bill That Redrew District Lines In Wake County, McCrory Said That Body Should “Steer Clear” Of Local Politics. According to an editorial in the News & Observer, “In Wake County, that’s what we have now that the General Assembly has done in passing Sen. Chad Barefoot’s bill that redraws district lines, creates two large districts with disparate needs and limits the ability of voters to choose their county leaders. The Republican-led General Assembly adopted the legislation over the objections of their party leader, Gov. Pat McCrory who said the General Assembly should steer clear of local politics. The Republican-led General Assembly adopted the legislation despite the fact that a majority of Wake County voters said they didn’t want the change.” [Editorial – News & Observer, 4/10/15]
In Rewriting The Rules For Electing Wake County’s Governing Board, The General Assembly Significantly Altered Local Politics By Enacting A Law That Promises To Shift The Balance Of Power To Republicans. According to Eastern Wake News, “State legislators rewrote the rules for electing Wake County’s governing board on Wednesday, enacting a law that promises to shift the balance of power between Democrats and Republicans. […]The new system of voting will significantly alter local politics when it goes into effect, according to an analysis by The News & Observer. In fact, Republicans would hold a majority on the board today had the law been in place during the 2014 election. The results of The N&O analysis were similar to a state legislative staff analysis that used the 2010 election results. […] Despite the fact that about 30,000 more voters chose Democrats than Republicans, the Republican candidates would have ended Election Day as the dominant party in Wake County government. The issue had attracted some concern, including from Gov. Pat McCrory. In March, McCrory warned legislators not to get too involved with local politics. ‘We have some legislators who also want to be mayor and city councilmen,’ he told an auditorium full of mayors and city council members. ‘… If someone wants to change the form of government in one of your cities, then go run for City Council, for mayor.’” [Eastern Wake News, 4/10/15]
McCrory: “We Have Some Legislators Who Also Want To Be Mayor And City Councilmen,’ He Told An Auditorium Full Of Mayors And City Council Members.” According to Eastern Wake News, “In March, McCrory warned legislators not to get too involved with local politics. ‘We have some legislators who also want to be mayor and city councilmen,’ he told an auditorium full of mayors and city council members. ‘… If someone wants to change the form of government in one of your cities, then go run for City Council, for mayor.’” [Eastern Wake News, 4/10/15]
McCrory: “If Someone Wants To Change The Form Of Government In One Of Your Cities, Then Go Run For City Council, For Mayor.” According to Eastern Wake News, “In March, McCrory warned legislators not to get too involved with local politics. ‘We have some legislators who also want to be mayor and city councilmen,’ he told an auditorium full of mayors and city council members. ‘… If someone wants to change the form of government in one of your cities, then go run for City Council, for mayor.’” [Eastern Wake News, 4/10/15]
McCrory Pleaded With The State Legislature To “Stay Within Our Lanes” When It Introduced Plans To Alter Local Districting In Greensboro. According to the News & Observer, “Gov. Pat McCrory addressed a range of tensions among state legislators and local officials on Wednesday afternoon, and the governor – a former mayor – said he was urging elected officials to ‘stay within our lanes.’ The governor seemed to directly speak to two bills now under consideration in the legislature that would alter how voters choose county commissioners in Wake County and City Council members in Greensboro. Both bills are backed by Republicans with the expectation they would help Republicans in future elections.” [News & Observer, 3/18/15]
McCrory Flop On Transgender Bill
McCrory Opposed Transgender Protections
McCrory Believed Charlotte Transgender Protections Broke “The Basic Standards, And Frankly Expectations, Of Privacy That All Individuals – Men And Women And Children Alike – Would Expect In A Restroom.” According to WBTV, “While he tracked the progress of Monday night’s spirited conversation at Charlotte’s city council meeting, the governor said going to the bathroom is an action that demands privacy. ‘I think [it] breaks the basic standards, and frankly expectations, of privacy that all individuals – men and women and children alike – would expect in a restroom facility or a locker room facility,’ he continued. ‘I think they are creating a lot of potential problems.’ In an email Sunday, ahead of the vote, McCrory said ‘this action of allowing a person with male anatomy, for example, to use a female restroom or locker room will most likely cause immediate state legislative intervention which I would support as governor.’”[WBTV, 2/24/16]
Called North Carolina Bathroom Bill “Extreme Regulation”
McCrory Called The Charlotte Ordinance “An Extreme Regulation That Changes The Basic Norms Of Society.” According to the Associated Press, “McCrory says he calls it ‘an extreme regulation that changes the basic norms of society.’” [Associated Press,2/23/16]
McCrory Explained He Did Not Want “To Have 100 Different Rules” Across The State
McCrory Opposed The Bathroom Provision Because He Did Not Want “To Have 100 Different Rules” Across The State.According to the Associated Press, “Gov. Pat McCrory told The Associated Press that the bathroom provision denies privacy rights for people who expect to share restrooms or locker rooms only with people born with the same anatomy. ‘It’s an extreme regulation that changes the basic norms of society,’ the Republican governor said, adding that he would like the state legislature to pre-empt any local governments from enforcing such ordinances. ‘I don’t want to have 100 different rules’ across the state, he said.” [Associated Press,2/24/16]
Expressed Disappointment By Passage Of Bill Expanding Nondiscrimination Ordinances
McCrory Said He Was “Disappointed And Saddened” By The Charlotte’s Council’s Vote Monday Night That Expanded A Nondiscrimination Ordinance Relating To Public Accommodations. According to the Associated Press, “Gov. Pat McCrory wants North Carolina’s legislature to prevent Charlotte and any other local government in the state from making regulations allowing transgender people to use restrooms or locker rooms that correspond to their gender identity. The Republican governor told The Associated Press on Tuesday he was ‘disappointed and saddened’ by the Charlotte City Council’s vote Monday night that expanded a nondiscrimination ordinance relating to public accommodations. He says the action upsets the right to privacy that people expect. He says people expect others in their restroom or locker room to have the same anatomy as they do.” [Associated Press, 2/23/16]
McCrory Was Open To Overturning The Bathroom Provision
House Speaker Tim Moore Promised To Work With McCrory And State Legislators To Overturn Charlotte’s Action. According to the Associated Press, “House Speaker Tim Moore said earlier Tuesday that he would work with McCrory and legislators to correct Charlotte’s action.” [Associated Press, 2/23/16]
Editorial Opinion
News & Observer
News & Observer Editorial: McCrory “Pounced” On The Transgender Protections Provision, Took Advantage Of “A Divisive, Emotional And Ideological Issue In Time For The 2016 Campaign.” According to an editorial by the News & Observer, “It didn’t take long. Within hours of an action by the Charlotte City Council to ensure rights for gay, lesbian and transgender people, Gov. Pat McCrory and legislative leaders pounced. Here was a chance to take advantage of a divisive, emotional and ideological issue in time for the 2016 campaign. It had exactly what Republicans like, an opportunity to go negative while managing to act pious and attacking a relatively small and, politically speaking, weak group of people.” [Editorial – News & Observer, 2/24/16]
News & Observer Editorial: Debate “Had Exactly What Republicans Like, An Opportunity To Go Negative While Managing To Act Pious And Attacking A Relatively Small And, Politically Speaking, Weak Group Of People.” According to an editorial by the News & Observer, “It didn’t take long. Within hours of an action by the Charlotte City Council to ensure rights for gay, lesbian and transgender people, Gov. Pat McCrory and legislative leaders pounced. Here was a chance to take advantage of a divisive, emotional and ideological issue in time for the 2016 campaign. It had exactly what Republicans like, an opportunity to go negative while managing to act pious and attacking a relatively small and, politically speaking, weak group of people.” [Editorial – News & Observer,2/24/16]
News & Observer Editorial: McCrory “Seized On The Issue, Doubtless On The Advice Of A Political Strategist” Knew The Legislature Would Get On This Issue Right Away. According to an editorial by the News & Observer, “While this seems a logical extension of civil rights protections, one part of the ordinance is igniting controversy. It would allow transgender people to use the bathroom of the gender they identify with. Enter McCrory, the former Charlotte mayor, who seized on the issue, doubtless on the advice of a political strategist. McCrory reckoned that the legislature, known for its penchant for interfering in local government, would get on this issue right away. House Speaker Tim Moore, not interested in reasonable discussion or mindful of the Charlotte council’s right to determine local ordinances, said the General Assembly would take care of this business.” [Editorial – News & Observer,2/24/16]
News & Observer Editorial: McCrory “The Bottom Line Is That Those Who Have Expressed Opinions On Both Sides Have Legitimate Points Of Concern, And Each Side Ought To Respect The Opinions Of The Other.” According to an editorial by the News & Observer, “The council debate was intense and reflected the feelings of opponents, the Charlotte Observer reported. Some say that women and girls might fear for their safety sharing a public bathroom with those who were born male. But advocates say that transgender people could be at risk themselves if, for example, a male transgender person identifying as female and dressed as a female were forced to use a men’s bathroom. The bottom line is that those who have expressed opinions on both sides have legitimate points of concern, and each side ought to respect the opinions of the other.” [Editorial – News & Observer, 2/24/16]
News & Record
News & Record Editorial: To Support His Claims About Transgendered Individuals Using Bathrooms For The Sex They Identify With, “The Governor Could Find Out Whether Such Ordinances Have Unleashed ‘Deviant Action’ In Other Cities.”According to an editorial by the News & Record, “Transgendered people live in North Carolina, and they have restroom needs like anyone else. Accommodations must be made. It’s possible to disagree on the answers, but it’s not helpful for the governor to encourage legislators from all over the state, many of whom have amply demonstrated their disdain for North Carolina’s ‘liberal’ big cities, to again override a local process. Charlotte is not the first U.S. city to enact nondiscrimination policies like this. Maybe the governor could find out whether such ordinances have unleashed ‘deviant action’ in other cities.” [Editorial – News & Record, 2/25/16]
News & Record Editorial: McCrory “Might Be Disappointed To Find Out His Concerns Are Overblown And More Likely To Trigger Fear, Hostility And More Discrimination Against Marginalized People.” According to an editorial by the News & Record, “Transgendered people live in North Carolina, and they have restroom needs like anyone else. Accommodations must be made. It’s possible to disagree on the answers, but it’s not helpful for the governor to encourage legislators from all over the state, many of whom have amply demonstrated their disdain for North Carolina’s ‘liberal’ big cities, to again override a local process. […] He might be disappointed to find out his concerns are overblown and more likely to trigger fear, hostility and more discrimination against marginalized people.” [Editorial – News & Record, 2/25/16]
News & Record Editorial: “Maybe [McCrory] Can Suggest How A City Should Police The Anatomy Of Restroom Users, Anyway.” According to an editorial by the News & Record, “Transgendered people live in North Carolina, and they have restroom needs like anyone else. Accommodations must be made. It’s possible to disagree on the answers, but it’s not helpful for the governor to encourage legislators from all over the state, many of whom have amply demonstrated their disdain for North Carolina’s ‘liberal’ big cities, to again override a local process. […] Maybe he can suggest how a city should police the anatomy of restroom users, anyway.” [Editorial – News & Record, 2/25/16]
News & Record Editorial: McCrory’s Stance On Transgendered Individuals Using Bathrooms Of The Sex They Identify With “Has More To Do With Politics Than Policy.” According to an editorial by the News & Record, “But, in an election year, this has more to do with politics than policy. McCrory’s campaign strategist, Chris LaCivita, sent out a media memo Friday accusing Democratic Attorney General Roy Cooper of refusing ‘to explain his position on an important topic to the media and citizens of North Carolina.’ Cooper, running for governor against McCrory, should explain his position. He should say that this topic isn’t important to people outside Charlotte, and that the legislature should keep its nose out of Charlotte and Mecklenburg County business. Why should lawmakers who represent 99 other counties get involved? And why should they spend taxpayers’ money to hold a special legislative session when all they’re really doing is advancing McCrory’s political agenda?” [Editorial – News & Record, 2/27/16]
Signed Restrictive Abortion Bills After Promising Not To Sign Any New Abortion Restrictions
Key Points:
✓ During his 2012 campaign for governor, McCrory pledged not to sign any new abortion restrictions into law.
✓ Seven months after taking office, McCrory broke his promise and signed a bill that imposed much stricter regulations on abortion clinics in the state, causing some abortion clinics to close.
✓ Two years later, McCrory broke his promise again by signing a bill that extended the state’s abortion waiting period to 72 hours.
DURING HIS 2012 CAMPAIGN FOR GOVERNOR, MCCRORY PROMISED NOT TO SIGN ANY NEW ABORTION RESTRICTIONS
2012 Campaign: When Asked What New Abortions He Would Sign As Governor, McCrory Answered “None.” According to WRAL, “Raleigh, N.C. — During an Oct. 24, 2012, debate, WRAL News reporter Laura Leslie asked soon-to-be Gov. Pat McCrory the following: ‘If you are elected governor, what further restrictions on abortion would you agree to sign?’ McCrory’s one-word reply: ‘None.’ So when McCrory signed a package of changes to the state’s abortion laws Monday, did he break that campaign pledge? […] He can certainly lay claim to influencing the course of the bill through the legislature and demanding changes that made the measure somewhat less strict than originally introduced. However, there are still provisions in the measure that would limit the availability of abortion for some women. Given the absolute nature of his promise, by signing Senate Bill 353, he broke that promise.” [WRAL,7/29/13]
SEVEN MONTHS AFTER TAKING OFFICE, MCCRORY BROKE HIS CAMPAIGN PROMISE AND SIGNED STRICTER REGULATIONS ON ABORTION CLINICS
July 2013: McCrory Signed Anti-Abortion Bill Into Law. According to WRAL, “Gov. Pat McCrory signed 18 bills Monday, including two of the more controversial of the recently ended legislative session – those dealing with gun rights and abortion clinics. Supporters of Senate Bill 353, including the governor, have said it is about raising safety standards among the doctors and clinics that perform abortions.” [WRAL, 7/29/13]
- Bill Raised Standards On Abortion Clinics By Altering The Rules To More Closely Resemble Rules That Governed Outpatient Surgery Centers. According to the Huffington Post, “North Carolina’s governor says he will sign a new version of a bill that raises standards for abortion clinics into law if it reaches his desk. Gov. Pat McCrory announced his decision Friday, two days after he threatened to veto the previous legislation for how it addressed raising standards for abortion clinics through rules similar to outpatient surgery centers. The House changed the language to satisfy McCrory’s health and human services department. McCrory says the version that passed the House on Thursday will ensure women’s safety and not limit their access to abortion. It still must pass the Senate before going to McCrory.” [Huffington Post, 7/12/13]
- McCrory Signed Legislation Holding Abortion Clinics To The Same Standards As Those For Outpatient Surgical Facilities. According to WRAL “The state Department of Health and Human Services suspended Femcare’s license last summer, citing safety violations. The clinic closed, then reopened. The suspension came days after Gov. Pat McCrory signed legislation that directed state officials to regulate abortion clinics based on the same standards as those for outpatient surgical centers.” [WRAL,6/28/14]
- Law Excluded Abortion Coverage From Health Plans Offered To City And County Employees. According to WRAL, “Abortion-rights advocates say that provisions of the law, such as excluding abortion coverage from health plans offered to city and county employees, would further limit the availability of and access to the procedure statewide. They argue that, in signing the measure, McCrory is breaking a campaign promise not to allow any further limits on abortion rights.” [WRAL, 7/29/13]
McCrory’s Signing Of Anti-Abortion Bill Caused The Shut Down Of Western North Carolina’s Only Abortion Clinic
McCrory Signed Legislation Holding Abortion Clinics To The Same Standards As Those For Outpatient Surgical Facilities, Leading To A Suspension Of Femcare’s License And The Temporary Closing Of Its Abortion Clinic. According to WRAL “The state Department of Health and Human Services suspended Femcare’s license last summer, citing safety violations. The clinic closed, then reopened. The suspension came days after Gov. Pat McCrory signed legislation that directed state officials to regulate abortion clinics based on the same standards as those for outpatient surgical centers.” [WRAL, 6/28/14]
In July 2014, Femcare’s Abortion Clinic Closed Permanently, Leaving Western North Carolina Without Its Only Abortion Clinic. According to WRAL, “The only abortion clinic in Western North Carolina is shutting down, leaving the region without service for at least six months.” [WRAL, 6/28/14]
IN 2015, MCCRORY BROKE HIS CAMPAIGN PROMISE AGAIN AND EXTENDED NORTH CAROLINA’S ABORTION WAITING PERIOD TO 72 HOURS
McCrory Signed A Bill That Extended The Abortion Waiting Period And Required Clinics To Report Data On Second Trimester Abortions
June 2015: McCrory Signed A Bill Into Law That Extended North Carolina’s Abortion Waiting Period To 72 Hours. According to WXII12.com, “Gov. Pat McCrory says he has signed legislation that makes North Carolina one of several states with 72-hour waiting periods for an abortion. […] The abortion bill requires women to talk to a doctor or other qualified professional 72 hours before having an abortion, unless there’s a medical emergency. The bill adds other rules for doctors and clinics that perform abortions and includes several unrelated criminal justice measures.” [WXII12.com, 6/6/15]
- Bill Also Included Provisions That Required Clinics To Get Yearly Inspections And Provide The Government With Data About Second-Trimester Abortions. According to the Laurinburg Exchange, “Republican Gov. Pat McCrory signed the billFriday, which also requires doctors to provide more data to state regulators about certain second-trimester abortions and makes clear that clinics and ambulatory surgical centers performing abortions must be inspected annually.” [Laurinburg Exchange, 6/9/15]
McCrory Justified Signing The Bill By Saying A Longer Waiting Period Was Not A Restriction
McCrory Argued That He Did Not Break His Campaign Promise Because The Longer Waiting Period Was Not A New Restriction. According to the News & Observer, “McCrory said Thursday that his decision was consistent with the promise he made by working with legislators over the past few months to make sure the bill didn’t include provisions that would have denied women further access to abortions. He said increasing the waiting time from 24 to 72 hours is not a new restriction, since the period can begin with a phone call and not a visit to the clinic. He compared it to making other medical appointments.” [News & Observer, 6/5/15]
- McCrory Said That The Waiting Period Could Be Started By Calling A Center And Equated It To Scheduling Other Medical Procedures. According to WRAL, “‘It takes a phone call to begin that process,’ he said of the waiting period. ‘Frankly, that (is the) process a lot of people use for all medical procedures. ‘The fact of the matter is, due to my work and others’ work, we did not add further restrictions to access,’ he added. McCrory was referring to a provision dropped before the bill made it through the Senate that would have prevented anyone other than a board-certified ob-gyn from performing an abortion. Fewer than two-thirds of North Carolina’s 100 counties have certified a ob-gyn.” [WRAL, 6/5/15]
Lackluster Environmental Oversight Contributed To Disastrous Coal Ash Spill
McCrory’s close ties to Duke Energy and his desire to promote the state’s corporate sector at the expense of environmental protection directly contributed to a disastrous coal ash spill in the Dan River in February 2014.
Before the spill, McCrory appointed anti-environment business leaders to lead the state’s Department of Environmental and Natural Resources, and charged them with a mandate to treat businesses as “customers” rather than regulate them vigorously. This attitude reached its apotheosis when the state superseded an environmental lawsuit against Duke Energy over the company’s coal ash practices and quickly reached a $99,000 settlement with the company, a pittance for the $50 billion energy giant.
The Dan River coal ash spill highlighted the dangers of lax regulatory enforcement and forced the state to abandon its controversial settlement. But despite McCrory’s promises in the aftermath of the spill to hold Duke accountable, his administration has yet to take strong enforcement action against Duke, even after the company threatened to pass on the cleanup costs to consumers.
Moreover, McCrory cannot avoid his own conflicts-of-interest with Duke. As a former Duke employee and consultant who possessed Duke assets worth more than $10,000 at the time of the spill, as well as a recipient of over $1.1 million in campaign contributions from Duke and its employees, McCrory’s ability to act on behalf of the public interest instead of Duke’s interest remains in question.
AFTER TAKING OFFICE, MCCRORY SOUGHT TO WEAKEN DENR
McCrory Directed The DENR To Treat The Companies It Regulated As “Customers” And “Partners”
2013: DENR Secretary Skvarla Wrote: “People In The Private Sector Pour Their Hearts And Souls Into Their Work; Instead Of Crushing Their Dreams, They Now Have A State Government That Treats Them As Partners.” According to the Associated Press, “His appointee to oversee the state environmental department, Raleigh businessman John Skvarla, describes his agency’s role as being a ‘partner’ to those it regulates, whom he refers to as ‘customers.’ ‘That is why we have been able to turn DENR from North Carolina’s No. 1 obstacle of resistance into a customer-friendly juggernaut in such a short time,’ Skvarla wrote in a letter to the editor of the News & Observer of Raleigh, published in December. ‘People in the private sector pour their hearts and souls into their work; instead of crushing their dreams, they now have a state government that treats them as partners.’” [Associated Press, 2/10/14]
Skvarla Referred To The Companies The DENR Regulates As “Customers.” According to the Associated Press, “After winning in 2012, McCrory appointed Raleigh businessman John Skvarla to head the state environmental agency charged with policing his former employer. Skvarla has described his agency’s role as being a ‘partner’ to those it regulates, whom he refers to as ‘customers.’” [Associated Press, 2/11/14]
Department Of Environmental Resources Employees Were Told To Focus On Issuing Environmental Permits As Quickly As Possible. According to the New York Times, “Last June, state employees in charge of stopping water pollution were given updated marching orders on behalf of North Carolina’s new Republican governor and conservative lawmakers. ‘The General Assembly doesn’t like you,’ an official in the Department of Environment and Natural Resources told supervisors called to a drab meeting room here. ‘They cut your budget, but you didn’t get the message. And they cut your budget again, and you still didn’t get the message.’ From now on, regulators were told, they must focus on customer service, meaning issuing environmental permits for businesses as quickly as possible. Big changes are coming, the official said, according to three people in the meeting, two of whom took notes. ‘If you don’t like change, you’ll be gone.’” [New York Times, 3/1/14]
McCrory’s DENR Head Was A Climate Change Denier, Who Instructed The Agency To Remove Mentions Of Global Warming
McCrory Appointed A Climate Change Skeptic Who Doubts Oil And Gas Reserves Are Finite To The Head Of The Department Of Environmental And Natural Resources. According to the News & Record, “A champion of the environment, McCrory is not. That was evident the first month he took office, when he appointed climate change skeptic John Skvarla to head the Department of Environmental and Natural Resources. Skvarla, who also has expressed doubt that oil and gas are finite resources, changed the mission statement of the agency to one emphasizing ‘customer service.’” [News & Record, 4/22/15]
The North Carolina Department Of Natural Resources Eliminated Links And Documents About Climate Change From Its Website. According to WRAL, “Links and documents about climate change have disappeared from the state Department of Environment and Natural Resources website. As recently as Jan. 21, information about climate change was available on the front page of the Division of Air Quality’s website. Sometime in the last two months, the page was edited to remove the link. The link used to connect users to a page full of information and resources about greenhouse gases and climate change. That page no longer exists, either.” [WRAL, 3/11/14]
McCrory Made Cuts To The DENR’s Funding With The Intent To Weaken The Agency
The North Carolina Department Of Environmental Resources Cut 13% Of The Division Of Water Resources’ Staff Position Just Weeks After The Coal Ash Was Discovered. According to The Raw Story, “North Carolina has moved forward with a decision to cut 13 percent of the agency responsible for protecting water resources even as one of the nation’s largest coal ash spills continued to devastate rivers in the state. […] The News & Observer reported last week that the Department of Environment and Natural Resources (DENR) had eliminated 13 percent of the staff positions from the Division of Water Resources only weeks after the coal spill was discovered.” [The Raw Story, 3/10/14]
The 2013 Budget Cut Water Pollution Programs At DENR by 10.2%. According to the New York Times, “Last year, the environment agency’s budget for water pollution programs was cut by 10.2 percent, a bipartisan commission that approves regulations was reorganized to include only Republican appointees, and the governor vastly expanded the number of agency employees exempt from civil service protections, to 179 from 24.” [New York Times, 3/1/14]
Since McCrory Took Office, 131 Jobs Were Eliminated, $600,000 Federal Dollars Were Turned Away, And An Auto Emissions Test Cut Was Proposed At The DENR. According to the News & Record, “A Legislation has gutted protections for the state’s air, land and water, and staff and budget cuts throughout DENR have produced fewer inspections and less enforcement. Since 2011, 225 jobs have been eliminated from the agency, including 131 since McCrory took office. Even in the wake of the Dan River coal ash spill, DENR trimmed the staff of the Division of Water Resources by 13 percent. In 2013, this agency turned away $600,000 from the Environmental Protection Agency that could have been used to test water in areas targeted for fracking. In April, this agency proposed cutting auto emissions testing in 27 to 31 of the 48 counties where it now is required because of ozone pollution.” [News & Record,4/22/15]
A 2013 Bill Weakened Groundwater Protections Around Coal Ash Ponds And Other Landfills. According to the News & Observer, “A 59-page bill enacted from last year’s session restricts local environmental ordinances, weakens groundwater protections around landfills such as coal ash ponds, and requires state agencies to review all their rules every 10 years and trim those that can’t be justified. The bill required DENR be the first agency to undertake the time-consuming process, beginning with some 500 water quality and wetlands rules, with its diminished staff.” [News & Observer, 3/7/14]
MCCRORY ADMINISTRATION FAILED TO PROPERLY REGULATE DUKE ENERGY BEFORE COAL ASH SPILL
2013: Duke Energy Was Given A Meager $99,000 Fine After It Previously Polluted North Carolina Waterways
After The State Found That All of Duke Energy’s Locations Poisoned Groundwater, The Company Received A Miniscule Fine
McCrory’s DENR Used Its Authority To Take Over Lawsuits Filed By Citizen Groups And Then Negotiated A Settlement With Duke Energy. According to the Associated Press, “The settlement came about after a coalition of citizen groups tried to use the U.S. Clean Water Act to sue Duke in federal court last year. The state agency intervened three times to use its authority to issue violations over the pollution and take the case to state court, where the agency quickly negotiated the proposed settlement that included no requirement Duke actually clean up its past pollution or prevent further contamination.” [Associated Press, 2/23/14]
The State Acknowledged All 14 Of Duke Energy’s Locations Contaminated Groundwater, But McCrory’s Administration Fined Them Less Than $100,000. According to the Associated Press, “After McCrory took office in January, 2013, lawmakers moved swiftly to target North Carolina’s environmental programs, saying they wanted to create a business friendly climate in a state hit hard by the recession. [ …] In early 2013, environmental groups took a series of legal intended to force Duke to stop groundwater pollution leaching from its coal ash dumps across the state. That eventually prodded state regulators to acknowledge in court that all 33 of Duke’s unlined ash pits were contaminating groundwater. But rather than force the utility to remove its ash, the state negotiated a pro-posed settlement with the $50 billion company that would have allowed it settle past environmental violations at two plants for just $99,111 while it continued to study the problem. That agreement, which the environmentalists criticized as a sweetheart deal, was abandoned in the wake of the Dan River spill.” [Associated Press, 8/3/14]
- Watchdog Groups Said The Fine Shielded Duke From Much Harsher Court Penalties. According to MailOnline, “When citizen groups tried to use the U.S. Clean Water Act to sue Duke in federal court last year, the state agency intervened three times to use its authority to issue violations over the pollution. The citizens groups that originally tried to sue Duke opposed the state’s deal, saying it shielded the company from far harsher penalties it might have faced in federal court had the state not intervened.” [MailOnline, 2/19/14]
Duke Energy Agreed To A Settlement In Which It Would Assess Water Contamination At A Power Plant And Pay The State A $99,000 Fine. According to the Charlotte Observer, “A campaign finance watchdog group claims Duke Energy’s political contributions to Gov. Pat McCrory, a former Duke executive, sweetened its proposed settlement of coal-ash litigation with state regulators. Duke agreed Monday to assess water contamination near its Riverbend power plant west of Charlotte and its Asheville plant, take corrective action as needed and pay the state a $99,000 fine.” [Charlotte Observer, 7/16/13]
- Democracy North Carolina Called The Settlement “A Remarkable Sweetheart Deal Anchored With $1 Million In Campaign Contributions” To McCrory And Groups That Supported Him. According to the Charlotte Observer, “Democracy North Carolina on Tuesday called it ‘a remarkable sweetheart deal anchored with $1 million in campaign contributions.’ The group said McCrory’s 2008 and 2012 campaigns for governor got $308,836 from employees and former employees of Duke and Progress Energy, which merged in 2012, and their spouses. Duke’s and Progress’ political action committees donated another $24,000, it said. The companies also donated $761,800 in that period to the Republican Governors Association, which supported McCrory’s campaigns with $10.4 million in advertising and other spending, Democracy North Carolina said.” [Charlotte Observer, 7/16/13]
Emails Between Duke Energy And McCrory’s Department Of Environmental Resources Showed The Two Sides Were In Frequent Contact Over A Lawsuit By Environmental Groups. According to WRAL, “State environmental regulators and representatives of Duke Energy were in early and frequent contact soon after environmental groups threatened in January 2013 to sue the power company over contaminants leaking from its coal ash ponds. North Carolina would eventually sue the company itself, cutting off the Southern Environmental Law Center’s attempt to take the lead in that litigation. Emails obtained by the organization and released to media organizations Thursday show that officials for the company were in contact with the Department of Environment and Natural Resources soon after the SELC filed its notice to sue and maintained a close working relationship throughout the year.” [WRAL, 3/13/14]
FEBRUARY 2014: DUKE FACILITY SPILLED COAL ASH INTO THE DAN RIVER
In 2014, A Coal Ash Pond Collapsed At A Duke Facility, Spilling 82 Tons Of Coal Ash Into The Dan River
Feb 2: Duke Energy Spilled Coal Ash Into The Dan River. According to the Associated Press, “On Feb. 2, a pipe running under a coal ash pond collapsed at Duke’s Dan River Steam Station in Eden, coating the bottom of the Dan River, near the Virginia border, with toxic ash up to 70 miles downstream.” [Associated Press, 2/23/14]
As Much As 82,000 Tons Of Coal Ash And 27 Million Gallons Of Contaminated Water Leaked From The Dan River Pipe.According to the Associated Press, “On the afternoon of Feb. 2, a security guard at Duke’s Dan River Steam Station discovered that a pipe running under a 27-acre toxic waste pond had collapsed. The company reports that up to 82,000 tons of coal ash mixed with 27 million gallons of contaminated water drained out, turning the river gray and cloudy for miles. The accident ranks as the third-largest such coal ash spill in the nation’s history.” [Associated Press, 2/11/14]
- The Coal Ash Spill Was The Third Largest Such Spill In U.S. History. According to the Winston-Salem Journal, “While talking about the ash spill into the Dan River that triggered a federal investigation and marked the third-largest in U.S. history, McCrory indicated that coal ash should not be stored near water.” [Winston-Salem Journal, 2/19/14]
- Duke Energy And DENR Initially Downplayed The Scale Of The Spill. According to the Southern Pines Pilot, “It was not until the following day that the public was told about the breach. Initial reports provided by Duke and DENR failed to disclose the massive scale of the problem – one that has been described as the third largest such coal ash spill in the nation.” [Southern Pines Pilot, 2/14/14]
Duke Waited A Day Before Reporting The Spill, The Waited An Additional Five Days Before Sealing The Pipe
The DENR And Duke Energy Waited A Day Before Reporting The Spill. According to a staff editorial in the Norfolk Virginian-Pilot, “It took the N.C. Department of Environment and Natural Resources and Duke Energy a day to tell folks that the Dan was fouled, and officials initially downplayed the disaster. It took six days to seal the stormwater pipe and halt the spill.” [Editorial – Norfolk Virginian-Pilot, 2/21/14]
Duke Energy Failed To Seal The Pipe For Six Days. According to the Associated Press, “The public was not told about the breach until the following day and initial reports provided by Duke and DENR did not make the disaster’s scale clear. It took six days for the company to seal the pipe.” [Associated Press, 2/11/14]
- Pipe That Burst Was Determined To Be Made Of Corrugated Metal, Not The Reinforced Concrete That Duke Claimed It Was. According to the News & Observer, “As crews continued Wednesday to try to stop the flow from a leaking Duke Energy ash pond in Eden, the company announced a surprising discovery. The stormwater pipe that broke Sunday under the 27-acre pond was made of corrugated metal, not the reinforced concrete that Duke had believed it to be.” [News & Observer, 2/6/14]
Even Though It Did Not Hurt Its Bottom Line, Duke Suggested The Cost Of The Cleanup Might Be Passed Onto The Consumer
Apr 22: Duke Energy’s President Threatened That The Company Would Pass On $10 Billion Of Cleanup Costs To Consumers. According to the News & Record, “April 22: Duke’s N.C. president, Paul Newton, tells legislators that customers likely will bear the cost of an estimated $10 billion cleanup of all the company’s coal ash sites.” [News & Record, 2/2/15]
- Final Coal Ash Bill Did Not Specify Who Would Pay For Clean-Up, So Rate Increases To Customers Were Still A Possibility. According to WRAL, “House debate was more robust. One thing the compromise ash bill does not do is say who will pay of the cleanup of the ponds. Duke Energy has committed to paying for the cost of cleaning up the Dan River spill, but company executives have said they may seek rate hikes in order to help pay the disposal costs.” [WRAL, 8/20/14]
Duke Energy Told Shareholders That The Cleanup Costs From The Coal Ash Spill “Won’t Have A Material Effect On The $50 Billion Company’s Bottom Line.” According to the Miami Herald, “Duke Energy told shareholders Thursday that cleanup costs resulting from its massive coal ash spill into the Dan River won’t have a material effect on the $50 billion company’s bottom line. The nation’s largest electric company said in a regulatory filing with the U.S. Securities and Exchange Commission that it had spent $15 million so far on plugging the collapsed pipe at its Eden power plant that triggered a Feb. 2 spill and polluted 70 miles of the Dan River with toxic sludge. The company has also begun the process of trying to dredge some of the spilled ash from the river. Duke said it can’t yet assess what costs may result from new laws affecting how the company handles the ash at its 33 coal ash dumps in North Carolina, or from future legal claims, litigation or environmental fines.” [Miami Herald, 4/17/14]
MCCRORY FAILED TO MAKE DUKE FOLLOW THROUGH ON ITS RESPONSIBILITY TO CLEAN UP THE COAL ASH SPILL
In The Spill’s Immediate Wake, McCrory Promise He Would Hold Duke Accountable
Feb 17: McCrory Pledged To Require Duke To Fix Both The Old And New Problems At The Dan River Site And Address Coal Ash Ponds Across The State. According to the News & Record, “Feb. 17: McCrory, at N.C. AT&T, speaks about the second leak. He says his administration will require Duke to fix the new problems at the Dan River, correct the damage left by the initial pipe rupture and quickly solve the rest of the company’s coal ash problems throughout North Carolina.” [News & Record, 2/2/15]
Mar 12: McCrory Received A Four-Page Report From Duke Energy Detailing Its Coal Ash Cleanup Efforts, Which The DENR Called Inadequate. According to the News & Record, “March 12: In response to the governor’s request for a detailed report on its coal ash sites, Duke Energy sends a four-page letter to McCrory and DENR Secretary John Skvarla detailing efforts to deal with the coal ash spill. DENR rejects the response as inadequate.” [News & Record, 2/2/15]
Apr 16: McCrory Announced A Plan That Would Close Duke Energy’s Existing Coal Ash Ponds Or Convert Them To Solid-Waste Landfills. According to the News & Record, “April 16: McCrory announces a proposal to prevent future coal ash spills. The plan includes closing all of Duke Energy’s existing coal ash ponds in the state or converting them to solid-waste landfills, and tightening controls on coal ash ponds. Duke Energy and N.C. State release a report that says levels of contaminants are at acceptable levels for livestock and irrigation.” [News & Record, 2/2/15]
May 22: The EPA and Duke Energy Reached A Settlement That required Duke To Clean Up The Dan River Spill, Put The Waste In A Lined Landfill, And Reimburse The Federal Government For Supervising The Process. According to the News & Record, “May 22: The EPA and Duke Energy sign a formal agreement requiring the power company to clean up the Dan River spill, put the waste in a lined landfill and reimburse the federal government for its supervision of the process.” [News & Record, 2/2/15]
Jun 9: An Agreement Forced Duke Energy To Pay “Reasonable” Cost Associated With The Dan River Spill And For Ongoing Monitoring. According to the News & Record, “June 9: Environmental and wildlife officials in North Carolina and Virginia sign an agreement with Duke Energy for the cleanup of the Feb. 2 spill. The agreement requires Duke to pay any ‘reasonable’ cost associated with the spill and for ongoing monitoring by government agencies.” [News & Record, 2/2/15]
But Never Got Around To Making Duke Deal With The Fallout From Its Coal Ash Spill
August 2015: North Carolina’s Department Of Environmental And Natural Resources Asked For A Stay In All Duke Energy Coal Ash Lawsuits. According to the Charlotte Business Journal, “N.C. regulators who had already objected to a Duke Energy agreement with environmental group to dismiss coal ash lawsuits involving three plants have now asked a judge to freeze proceedings in all of the pending state cases. The N.C. Department of Environmental and Natural Resources wants a stay on cases involving 10 coal plants in North Carolina. It says the court should not take any action or continue proceedings until the state can work through the process required by the Coal Ash Management Act. ‘This is the culmination of a do-nothing strategy concerning coal ash at DENR,’ says Frank Holleman, senior attorney for the Southern Environmental Law Center, which represents the coalition of environmental groups involved in the suits. ‘They have operated, and continue to operate, as an anti-environmental protection agency.’” [Charlotte Business Journal, 8/18/15]
- Senior Attorney For Southern Environmental Law Center: “This Is The Culmination Of A Do-Nothing Strategy Concerning Coal Ash At DENR.” According to the Charlotte Business Journal, “The N.C. Department of Environmental and Natural Resources wants a stay on cases involving 10 coal plants in North Carolina. It says the court should not take any action or continue proceedings until the state can work through the process required by the Coal Ash Management Act. ‘This is the culmination of a do-nothing strategy concerning coal ash at DENR,’ says Frank Holleman, senior attorney for the Southern Environmental Law Center, which represents the coalition of environmental groups involved in the suits. ‘They have operated, and continue to operate, as an anti-environmental protection agency.’” [Charlotte Business Journal, 8/18/15]
June 2015: Regulations That Required Duke Energy To Immediately Clean Coal Ash Contamination Were Struck Down By The North Carolina Supreme Court. According to the Charlotte Observer, “North Carolina’s Supreme Court vacated Thursday a lower-court ruling that said state regulators could force ‘immediate action’ to clean up the sources of groundwater contaminated by coal ash. Coal ash legislation adopted last year superseded that ruling, the court ruled in a victory for Duke Energy and state regulators. ‘We think the court’s ruling is appropriate, and we are pleased to close this issue so we can continue moving ahead with safely and permanently closing ash basins,’ spokeswoman Erin Culbert said. At issue in the lower-court case was how state groundwater rules are to be interpreted in cases where contamination has been found. The case, filed in 2012, took on added significance after Duke’s January 2014 spill of ash into the Dan River. […]The court also noted legislators’ interest in coal ash following the Dan River spill. In light of that, it ruled, ‘we believe that we should refrain from issuing what amounts to an advisory opinion concerning any impact of the applicable regulation on any non-permitted coal ashlagoons that may, contrary to the record evidence, actually exist.’ The Southern Environmental Law Center charged that the state ‘joined hand-in-hand’ with Duke to appeal Ridgeway’s order, followed by the legislation that effectively blocked the order. ‘This decision confirms that Duke Energy successfully worked the politics of the North Carolina General Assembly to win changes in the law giving it a pass from complying with the same laws North Carolina has long enforced against small businesses and land owners,’ attorney D.J. Gerken said in a statement.” [Charlotte Observer, 6/11/15]
- June 2015: Southern Environmental Law Center: North Carolina “Joined Hand-In-Hand With Duke” To Fight Regulations That Required Immediate Clean-up Of Coal Ash. According to the Charlotte Observer, “North Carolina’s Supreme Court vacated Thursday a lower-court ruling that said state regulators could force ‘immediate action’ to clean up the sources of groundwater contaminated by coal ash. Coal ash legislation adopted last year superseded that ruling, the court ruled in a victory for Duke Energy and state regulators. ‘We think the court’s ruling is appropriate, and we are pleased to close this issue so we can continue moving ahead with safely and permanently closing ash basins,’ spokeswoman Erin Culbert said. At issue in the lower-court case was how state groundwater rules are to be interpreted in cases where contamination has been found. The case, filed in 2012, took on added significance after Duke’s January 2014 spill of ash into the Dan River. […] The court also noted legislators’ interest in coal ash following the Dan River spill. In light of that, it ruled, ‘we believe that we should refrain from issuing what amounts to an advisory opinion concerning any impact of the applicable regulation on any non-permitted coal ashlagoons that may, contrary to the record evidence, actually exist.’ The Southern Environmental Law Center charged that the state ‘joined hand-in-hand’ with Duke to appeal Ridgeway’s order, followed by the legislation that effectively blocked the order. ‘This decision confirms that Duke Energy successfully worked the politics of the North Carolina General Assembly to win changes in the law giving it a pass from complying with the same laws North Carolina has long enforced against small businesses and land owners,’ attorney D.J. Gerken said in a statement.” [Charlotte Observer, 6/11/15]
2014: McCrory And Republicans Proposed Legislation To Make Duke Either Clean Or Cap Its Leaky Coal Ash Pits, But Adjourned Before Approving A Bill And Waited To Deal With It Until After The Election. According to the Associated Press, “McCrory and Republican lawmakers then proposed legislation requiring Duke to either clean out or cap its leaky ash pits. But leaders in the state Senate and House couldn’t work out their differences, and adjourned Friday morning without approving a bill. They plan to try again when lawmakers reconvene after the November election.” [Associated Press, 8/3/14]
McCrory Allowed Duke Energy To Avoid “Costly Cleanup Of Contaminated Groundwater”
McCrory Signed A Regulatory Reform Bill Containing A Provision That Allows Duke Energy To Avoid Cleaning Up Contaminated Groundwater. According to the Salt Lake Tribune, “Documents and interviews collected by The Associated Press show how Duke’s lobbyists prodded Republican legislators to tuck a 330-word provision in a regulatory reform bill running nearly 60 single-spaced pages. Though the bill never once mentions coal ash, the change allowed Duke to avoid any costly cleanup of contaminated groundwater leaching from its unlined dumps toward rivers, lakes and the drinking wells of nearby homeowners.” [Salt Lake Tribune,3/17/14]
- McCrory Called The Bill “Common-Sense Legislation [That] Cuts Government Red Tape, Axes Overly Burdensome Regulations, And Puts Job Creation First Here In North Carolina.” According to the Salt Lake Tribune, “Passed overwhelmingly by the GOP-controlled legislature, the bill was signed into law by Gov. Pat McCrory, a pro-business Republican who worked at Duke for 28 years. ‘For decades, Democrats have stifled small businesses and job creators with undue bureaucratic burden and red tape,’ McCrory said at the time. ‘This common-sense legislation cuts government red tape, axes overly burdensome regulations, and puts job creation first here in North Carolina.’” [Salt Lake Tribune, 3/17/14]
Published: Mar 28, 2016