Tag Archives: north carolina

All Posts, environment, north carolina

Cleaning Up North Carolina Energy Laws

North Carolina’s Republican legislators have passed energy and environmental laws that impede innovation and economic competition by clean energy entrepreneurs.  They show little regard for the interests of individual citizens and ignore twenty-first century science.  Consider these examples.

In order to build a solar or wind energy installation, the company must own or lease the property where it will be built, comply with local zoning and land use rules, and acquire right of way for transmission of the energy that they produce to customers without use of eminent domain powers or other government authority.  A bill (S-843) recently passed by the State Senate’s “small government” Republicans would add a maze of new regulations and barriers including a 1.5 mile setback from the property line and a 35 decibel (human whisper) noise limit at the property line for wind farms.  Solar farms would have to be invisible from adjoining property.  The bill removes corporate protections for stockholders in wind and solar farms, making them individually liable for damages caused by the corporation.  And it requires the corporation to set aside sufficient money to return the land to its original state after the renewable energy site is closed.

State Law is starkly different for production of natural gas or oil via fracking.  Corporations do not have to own or lease the property under which they drill.  They are allowed to drill horizontally under private property without agreement by the landowner and to put wells on someone else’s land without permission.  Payments to the landowner will be set by a government agency and the landowner can’t refuse the arrangement.  Local governments are not allowed to regulate fracking via zoning, or in any other way.  A government agency can force land owners to accept a pipeline for delivery of oil or gas to market.  Executives who violate laws or rules governing fracking can not be prosecuted for anything more than a misdemeanor.  Owners of corporations are not personally liable for damages that their companies cause.  There is no requirement to return the land and water to it’s original condition after the fracking is completed or set aside money for potential damages.

There is no evidence of substantial or long-term environmental damage by wind or solar farms. Fracking, on the other hand,  is a proven cause of well contamination, air pollution, and earthquakes.  The energy produced by solar and wind farms is as clean as any that is available.  Gas and oil consumption contribute heavily to climate change by putting carbon dioxide into the atmosphere.

North Carolina has few earthquakes but we do have inactive geologic faults. Two decades ago those statements were true of Oklahoma but that state experienced 581 earthquakes in 2014.  In that year frackers injected over 64 billion gallons of wastewater under Oklahoma and that is clearly the cause of the earthquakes. (Scientific American, July 2016)   It appears that frackers will not be required to pay for Oklahoma’s earthquake damage. It is clear, however that Oklahoma property owners will need earthquake insurance. The price of that coverage is bound to rise along with the number of quakes.

Why would a state legislature allow local zoning and regulation of wind and solar while denying it for gas and oil?  Why make individual stockholders of clean energy companies responsible for damages caused by the corporation while immunizing frackers from similar claims?  Why is government’s power used to enable environment-damaging industries while discouraging clean energy development?

The success of clean energy producers is visible in the form of solar and wind farms that produce electricity without pollution.  Not everyone likes the changed landscape.  Huge petroleum, gas, coal, and utility companies have a lot of influence with legislators and they don’t like competition from clean energy.

We need to let the market work by applying the same standards across all energy sectors.  If they pollute, they should pay to clean it up.  If they need  a right of way to get energy to the market, the same laws and regulations should apply to all forms of energy.  If they violate safety and environmental standards, criminal and civil penalties should be the same for all businesses.

Legislators who espouse free market principles should be able to collaborate with environmentally conscious colleagues to create fair competition and a cleaner state for all of us.  They will if voters demand it.

 

All Posts, justice, lgbtq, north carolina, public education

THE TRANSGENDER CULTURE WAR

6 Comments

The United States Departments of Justice and Education have notified state governments and publicly funded schools across the nation that they will lose billions of dollars in federal funding if they discriminate against transgender students.  Amidst the flurry of lawsuits, threats, corporate relocations, event cancellations, and propaganda arising from North Carolina’s infamous  HB 2, this is the most meaningful of interventions because it is national in scope and it has big teeth.  I’ll attempt to describe the federal intervention and the rationale behind it.

I was stunned by the brevity and clarity of the federal correspondence.  It’s only 5 pages long. The law is equally understandable and only 9 pages long. The US Court of Appeals decision that documents federal authority to intervene is long and complex but understandable to non-attorneys.  The sample practices raised as many questions as answers, and didn’t seem particularly helpful, but they were distributed only as information not as advice or rules.  My suggestion is that people who are truly interested read the documents for themselves.  Here, in my opinion, are the key points.

From the letter:   “The Departments treat a student’s gender identity as the student’s sex for purposes of Title IX and its implementing regulations. This means that a school must not treat a transgender student differently from the way it treats other students of the same gender identity.” …  “As is consistently recognized in civil rights cases, the desire to accommodate others’ discomfort cannot justify a policy that singles out and disadvantages a particular class of students.”

From the law (Title 20):   Compliance … may be effected … by the termination of or refusal to grant or to continue assistance … to any recipient (for) a failure to comply …

The US Court of appeals supported the federal policy that “…a school generally must treat transgender students consistent with their gender identity.”

All of the interested parties would be better served by calm and open discussion of the issues.  Public policies and laws that protect the rights of transgender people while being sensitive to the modesty, privacy and safety concerns of all parties can best be created when there is mutual respect and trust.  Instead we have threats and misinformation.  Our national behavior is disappointing but not surprising.  It’s consistent with how human rights evolve and social change happens here.  Similar events accompanied emancipation of slaves, reconstruction, women’s suffrage, organized labor, school integration, civil rights laws, and marriage equality.

In every case change began in a few local communities and states.  Then a conservative backlash brought legislation to embed discriminatory traditions deeply into public policy.  Reactionary leaders used fear and traditional prejudices to rally support then used raw power and secrecy to impose their will.  In the case of HB 2, a few Republican legislators cooked up the scheme then called an emergency session of the legislature to pass it without public debate.  The public, the press, and many of the legislators who voted for it were not even allowed to read the law until the day it was passed.

Similar ideas have emerged in several Republican dominated states. That is the environment into which the federal government has stepped – just as it ultimately stepped into the other human rights issues that I listed.  That intervention can create a baseline of fair practices to protect transgender people, but it is far from ideal.  Instead of allowing local creativity and cooperation, reactionary intransigence has forced federal intervention and poured gasoline on the always smoldering American culture war.  Federal action will, at best, prevent discriminatory practices.  It can’t produce ideal local results or tolerance.

The debate is over.  Transgender people are entitled to the same protection of laws as people born to that gender.  As we learn to collaborate on the best ways to move ahead it is good to remember that during war, safe and nurturing places often become battlefields where innocent bystanders are victims of the conflict. That is true of culture war as well as military warfare.  Our best course is to plan and accommodate changes that are constructive and safe for everyone.  We can achieve that if we learn together and collaborate toward that goal.

All Posts, American Foreign Policy, campaign finance, Congress, Constitution, justice, north carolina, war

PRESIDENT WASHINGTON’S ADVICE TO AMERICAN VOTERS

4 Comments

CLICK HERE to read George Washington’s full farewell address

I’ve invited an old friend of our nation to compose most of this column.  George Washington served with great distinction as leader of our military forces in the war for independence then gave another eight years of service as our first President.   Approaching the end of his second term in 1796, he published a farewell address that included his assessment of our history and his advice about the future.  Here are some of his words and some questions to ponder.

“The unity of Government, which constitutes you one people, is also now dear to you. It is justly so; for it is a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very Liberty, which you so highly prize”… “For the efficient management of our common interests, in a country so extensive as ours, a government of as much vigor as is consistent with the perfect security of liberty is indispensable.” That hasn’t changed but our perception of who is entitled to the benefits of liberty has expanded to include people regardless of race, sex, or other personal characteristics. Why do so many among us now see government as our biggest problem?

President Washington said that by maintaining our national unity, we could “…derive from Union an exemption from those broils and wars between themselves, which so frequently afflict neighbouring countries not tied together by the same governments…” thereby avoiding … “the necessity of those overgrown military establishments, which, under any form of government, are inauspicious to liberty, and which are to be regarded as particularly hostile to Republican Liberty.”  Why do we have armed forces stationed all over the world and why have we been at war so long?

Regarding relationships with other nations, he said, “nothing is more essential, than that permanent, inveterate antipathies against particular Nations, and passionate attachments for others, should be excluded; and that, in place of them, just and amicable feelings towards all should be cultivated…The great rule of conduct for us, in regard to foreign nations, is, in extending our commercial relations, to have with them as little political connexion as possible…”  Why are we continuously involved in trying to change the internal affairs of other nations?

Washington wrote, “In contemplating the causes, which may disturb our Union, it occurs as matter of serious concern, that any ground should have been furnished for characterizing parties by Geographical discriminations, Northern and Southern, Atlantic and Western; whence designing men may endeavour to excite a belief, that there is a real difference of local interests and views.”  In North Carolina, Republicans designed legislative districts to guarantee their continuous hold on power.  To benefit themselves, they divide citizens rural and religious against urban and secular.  The situation in Washington is similar.

Speaking of associations and political parties, President Washington said, “…they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people, and to usurp for themselves the reins of government; destroying afterwards the very engines, which have lifted them to unjust dominion.”  Could anyone better describe how political parties and PACs serve the interests of the very wealthy, huge corporations and other special interests?

Still speaking of factions and political parties, President Washington told us that “The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries, which result, gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of Public Liberty. It serves always to distract the Public Councils, and enfeeble the Public Administration. It agitates the Community with ill-founded jealousies and false alarms; kindles the animosity of one part against another, foments occasionally riot and insurrection”

Please think about it.  Need I say more?

CLICK HERE to read George Washington’s full farewell address

All Posts, campaign finance, north carolina, race

MAKING DEMOCRACY POINTLESS

1 Comment

“Making Democracy Pointless” should be the new tagline of North Carolina government.  The Republican Party has seized  nearly election-proof and court-proof control of choosing the state’s representatives in Congress.  Their methods were mostly legal, but that doesn’t make them ethical.  The harm they have done extends beyond the actions of the officials they elected.  They have confirmed cynical suspicion that our votes don’t matter – that democracy is indeed pointless.  That is a terrible fate for government of, by and for the people.

Here’s how they did it:

  1. Prior to 2010 elections, the Washington DC based Republican State Leadership Committee (RSLC) contributed $1.25 million to “Real Jobs NC” an organization launched by wealthy Republican donors including Art Pope.  By targeting about two dozen state legislative races for huge spending and attack ads against Democrats, they won both the house and the senate. That put Republicans firmly in charge of drawing congressional districts after the 2010 census.
  2.  The RSLCs map making team, armed with exceptionally sophisticated computer technology and data, were hired by the Republican legislature to draft congressional district maps.  Some work was supervised on-site by Art Pope, who was retained as co-counsel to the legislature.  The map-making strategy was simple – pack large concentrations of Democratic voters and African Americans into just 3 of North Carolina’s congressional districts. The remaining 10 districts would favor Republicans. The maps were tested prior to adoption by checking how voters in each new district voted in the last election.  The tests demonstrated that John McCain carried all ten of the “Republican” districts in the 2008 Presidential election despite losing the state to President Obama.

2012 election results proved the effectiveness of the Republican maneuvers.  With only 49 percent of the votes, Republicans won 69 percent of congressional races and changed the North Carolina congressional delegation from a 7-6 Democrat majority to a 9-4 Republican advantage.  In 2014 they achieved their desired 10-3 split.  Democrats won the  3  districts into which they had been packed with over 70 percent of the vote.

North Carolina is one example of the national Republican gerrymandering strategy.  Their website brags that,  “Democratic candidates for the U.S. House won 1.1 million more votes than their Republican opponents.  But the Speaker of the U.S. House of Representatives is a Republican and presides over a 33-seat House Republican majority during the 113th Congress.”  How much difference did gerrymandering make? Imagine the last four years with a narrow Democratic majority in the House of Representatives and a Democrat as Speaker of the House.  It probably made that much difference.

Republicans defend their actions by pointing out that Democrats did the same thing when they were in power.  It’s true.  Modern computer technology and data may have made Republicans more effective, but there’s no doubt that Democrats gerrymandered. Recently a few states including California and Iowa have implemented non-partisan or bi-partisan redistricting plans as attempts to assure fair elections.

Meanwhile, North Carolina’s maps have been thrown out by a panel of  federal judges who ruled that the influence of African American voters was unfairly reduced by packing the great majority of them into only three districts.  The US Supreme Court has declined to hear a Republican appeal.    North Carolina Republicans objected loudly to the court’s decision but they were well prepared for it.  They have proudly presented new maps which they say are designed keep their current 10-3 advantage in the congressional delegation.

The court forbade gerrymandering to disenfranchise a race of people.  But gerrymandering for partisan advantage is merely unethical, not illegal.  Republicans intend to select their voters again, rather than allowing voters to select their representatives.  And it seems unlikely that courts will stop them.

We need new redistricting laws at the state or federal level to preserve our democracy.  There are Republicans as well as Democrats who feel the shame of cheating to win  elections and who want fair redistricting.  Now is a fine time time for all who value representative democracy to do what we know is right by creating  districts without unfair advantages for any group or party.

All Posts, Christianity, justice, north carolina, race

Making Racism Visible

2 Comments

Today I am publishing word-for-word nine responses to last week’s column about “Silent Sam” because they reveal white supremacist beliefs that persist in our community and nation 150 years after our Civil War.  I’m doing this for two reasons.

  1. We can deal effectively with racism only after it is visible.
  2. Our best hope to successfully deal with racism lies in developing personal acquaintances and friendships with people of other races – bonds strong enough to tolerate frank discussion of personal experiences.

Maybe a few readers will share this with friends and use it to begin a dialogue.  If so, I would be pleased to know about your experience doing that.

I must add that there were readers who agreed and others who did not and who made civilized responses.  What follows are only the ones written from a white supremacist perspective.

WARNING:  Much of what follows is both racist and inflammatory.  Continue reading Making Racism Visible →

All Posts, justice, north carolina, race

SHOULD OUR FUTURE BE A HOSTAGE TO HISTORY?

5 Comments

As of July 23, North Carolina law prohibits cities, counties and state institutions from relocating any state-owned monument, statue or “object of remembrance” even if it is on city or county property.  Work on the bill began many months ago amidst growing public demand for removal of monuments to the Confederacy and racist heroes.  Calls for removal of monuments have grown since the Charleston, SC murders.  Rather than having open and intelligent discussion of the concerns, legislators made change nearly impossible by passing a law that denies local governments the authority to respond to the will of their citizens. Continue reading SHOULD OUR FUTURE BE A HOSTAGE TO HISTORY? →

All Posts, economy, randolph county north carolina

ECONOMIC DEVELOPMENT AND OUR INDUSTRIAL MEGASITE

2 Comments

When the Randolph County Commissioners decided to develop an industrial megasite, I was cautiously optimistic because they are attempting to create much-needed economic and job growth.  Today it is alarming that our usually fiscally conservative Commissioners have committed $10 million – essentially all of the money available for economic development projects – without adequate planning. Continue reading ECONOMIC DEVELOPMENT AND OUR INDUSTRIAL MEGASITE →

All Posts, Christianity, north carolina, religion

Hoosier Hysteria Over Religious Freedom

10 Comments

It is difficult to overestimate either the entertainment value of Indiana’s new “Religious Freedom Restoration” law or the damage that it has already done.  With the support of religious conservatives, Hoosier Republicans have swept away the authority of all government agencies to”…substantially burden a person’s exercise of religion…” The law allows anyone who thinks their free exercise of religion has been impaired to receive attorney fees and compensatory damages if they prevail in court.  Randolph County legislators Pat Hurley and Allen McNeill are sponsoring a similar law in North Carolina. Continue reading Hoosier Hysteria Over Religious Freedom →

All Posts, economy, north carolina

OUR FUTURE AND OUR MEGASITE

2 Comments

This is a column written for publication in the Asheboro Courier-Tribune  – relevant for Piedmont Triad readers and perhaps for others living where industrial megasites are under consideration.

“If you don’t know where you want to go, you’re likely to wind up someplace else.” – Yogi Berra, baseball philosopher. The attribution of the quotation is questionable, but its wisdom is beyond doubt.

We know the trajectory and history of our local economy and we know that the work that has sustained our families and communities has been disappearing. We lost thousands of jobs to automation and to places where labor is cheap. The reasons are simple. Private capital flows to ventures that produce high profits. Profitability is improved when expensive labor is replaced by automation or when work is moved to places with cheap labor. The good news is that we get to create our own future. Continue reading OUR FUTURE AND OUR MEGASITE →

All Posts, north carolina, public education

Tough Love For School Boards And Legislators

1 Comment

Help wanted:  Professional position, requires bachelor’s degree, Masters preferred.  Starting salary is $33,000 – $36,300 depending on academic qualifications.  Raises are dependent on multiple complex criteria that have little to do with how hard or well you work and are subject to change without notice.   Employees are expected to bring their own supplies.  Position title:  Public School Teacher in North Carolina. Continue reading Tough Love For School Boards And Legislators →