SEPA

Retiring Senator spells it out for the Governor:

I hope this letter finds you well. I feel compelled to write to you with a request that protects the health and safety of thousands of school children and general citizens of southeastern North Carolina. The point of discussion: Titan America. I understand your position of economic development and the need of jobs for our citizens. I support that position as well, but I am hoping that the State will be far-sighted enough to demand that the jobs we seek and the business partners we look to recruit will be sound, viable, environmentally safe members of our community. I have a strong sense of suspicion that is shared by many other North Carolinians, and that is that Titan is not looking out for our best interests.

It's not the delay they're worried about:

On Thursday, company officials confirmed they were declining the incentives to climb out from beneath a court order and prevent a two-year delay.

“We wanted to move this project ahead,” said Bob Odom, general manager for Titan’s local subsidiary Carolinas Cement Co. “Time is money, obviously. That was a delay that was unacceptable to us.”

The SEPA evaluation could have been completed by now if you hadn't delayed and obstructed the process with legal maneuvering and efforts to subvert state government officials. You own this timetable, pal.

Dumping McGuire Woods in favor of Womble et al:

The company hoping to build a cement plant in New Hanover County has hired a new law firm to represent it as it trudges through the environmental permitting process.

Titan America recently hired Womble Carlyle Sandridge & Rice PLLC, which replaces John Merritt of McGuireWoods Consulting in Raleigh.

Which makes this as good at a time as any to remind legislators: SEPA is going to reveal some issues that have yet to be addressed, and you need to cast your net wide when seeking answers. Consider the source.

What in the hell is going on in Raleigh?

The House voted 78-29 today to approve the second reading of a bill that could help development projects receiving public incentives to bypass portions of a required state environmental review.

The bill is a direct response to a May ruling by a Wake Superior Court that Titan America, an international company offered state and local incentives to build a cement plant in New Hanover County, had to supply a full environmental review. Titan and the state argued that the review was not required.

One step forward, two steps back. The Democratic Party leadership in the GA and the party itself will be held accountable for this, I promise.

The NC Sierra Club wants to keep you informed on all the bills we're following during the short session. Over the next couple weeks we'll be rolling out these policy briefs in an attempt to do that. The following was written by Kim Rankin an intern from Duke who is tracking a number of policy issues for the Sierra Club.

TITAN CEMENT AND SEPA

Senate Bill 699 / House Bill 1462: Cement Plant Moratorium and Study
Senate Bill 778: Eliminate Overlap Between CAMA and SEPA

From a Char-O editorial:

"The Legislature could not have intended for companies to build a project, receive previously committed public grant money, and only then conduct the SEPA review of the project's potential environmental impact and proposed alternatives. An environmental review prepared after a project has been completed and begun operation would fail to meet the Act's stated purpose of informing the State's decision."

Exactly. The next question is: Why does it take a judge to explain something to our state officials that's already so glaringly obvious?

A closer look is a good thing:

A judge on Wednesday afternoon put off a decision on whether Titan America should be able to get an air permit and begin building its Castle Hayne plant before a more comprehensive review that will consider the plant's overall environmental footprint is completed.

Judge Donald Stephens asked attorneys on both sides at a hearing in Raleigh to prepare orders that he will consider in making his decision. Those orders need to be submitted by April 23.

Lynn Bonner at the N&O does a pretty good write-up of behind-the-scenes plotting by Titan officials to avoid SEPA review:

In a July 22, 2008, e-mail to economic development officials and Merritt, Marino Papazoglou, director of business development for Titan, wanted to know "why we were not made aware of the link between SEPA and incentives" and whether they could approach environmental assistant secretary Robin Smith for help.

Merritt replied via e-mail that he planned to call then-Commerce Secretary Jim Fain about it. "Please, no one make contact on this matter until you hear back from me," Merritt wrote.

A new lawsuit challenging the Titan permitting process reveals the absurdly weak case being put forth by the Department of Administration. The Wilmington Star News has the story.