Background factsheets on proposed North Carolina fracking rules

The NC Mining & Energy Commission has proposed a package of 120+ rules establishing a regulatory framework for shale gas development - fracking - in North Carolina.  The Commission is holding four public hearings and accepting public comment on the proposed rules through Monday, September 15.  We've collected the factsheets below, from several organizations, addressing various aspects of the proposed fracking rules, in hopes that these will be a useful resource if you're planning to comment.

NCCN comment letter: fracking stormwater rule

The comment period just closed (Aug. 1) for public input on the NC Environmental Management Commission's proposed rules to manage stormwater at shale gas development (fracking) sites.  The main package of fracking rules - proposed by the NC Mining & Energy Commission - remains open for comment through Monday, Sept. 15.

In brief, our comments urge the EMC to:

In North Carolina, no remedy for long term contamination from fracking?

Yesterday, the U.S. Supreme Court released its opinion in CTS v. Waldburger, a tort claim brought by neighbors of the CTS Superfund site in Asheville.  The court held that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or Superfund) does not preempt North Carolina's 'statute of repose', N.C.G.S. §1-52(16), which requires that a person injured by the actions of another sue within 10 years of the final injury or give up the claim.  As a result, the Court dismissed the case brought by the neighbors, leaving them without a way remedy to recover damages from the company.

What's wrong with SL2014-4, Energy Modernization Act

Yesterday, Governor Pat McCrory signed S786, Energy Modernization Act, into law as Session Law 2014-4.  The bill changed minimally on the House floor last week; we've updated our factsheet on the Act.  It's here.

What's wrong with S786, Energy Modernization Act

This afternoon, the NC House voted 63 - 52 (on second reading) to approve S786, Energy Modernization Act, the 2014 short session fracking bill.  The bill breaks the promise made by the state legislature twice - in 2012 and again in 2013 - that legislators would wait until state regulators finalized a new regulatory program before voting whether to allow issuance of fracking permits.  Beyond this, the bill fails to address the major threats fracking poses to public health, communities, and the environment in North Carolina.  The bill will be up for third reading on the House floor tomorrow.

Our more detailed take on the bill and its shortcomings is here.