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News Alert: Lawyers, Events, and Billboards
Friday, 16 April 2010 12:36
  • Lawyers, Puns, and Money!
  • Earth Day at Hugh MacRae!
  • Register to Run (or walk) at Reach the Beach!
  • Your Dough in Action: New Billboard and Belly Ad!

 

April 14, 2010…Wake County Superior Court…the Honorable Judge Donald Stephens presiding…

The War of Words has begun. On Wednesday afternoon, Superior Court Judge Donald Stephens heard oral arguments from lawyers on both sides of the Titan/SEPA issue before ruling on a motion by Titan and the State to dismiss the case. Two lawyers from the Attorney General's office representing the Department of Administration and the Department of Environment and Natural Resources and two lawyers representing Titan, defended the state’s decision to remove State Environmental Policy Act requirements from the Titan project. [SEPA originally applied to the Titan project, but was dropped, if you recall, after a closed-door meeting between Titan’s lawyers and lobbyists and DENR officials]. Titan’s council took it a step further, asking that all references to environmental impacts from the Titan project be struck from Court documents because, they claimed, there was “no relevance” to this case. Their motion was denied.

Lawyers Geoff Gisler and Derb Carter (Southern Environmental Law Center) and Michelle Nowlin (Duke Environmental Law and Policy Clinic) maintained that building a massive, coal-burning cement plant and open-pit mine in our coastal area is exactly the type of project SEPA was designed to address. They asked that Judge Stephens reverse DOA’s ruling and re-apply SEPA to the Titan project so that all cumulative impacts are assessed and made public before any state permits are issued.

At one point, Judge Stephens asked all the lawyers if they agreed the proposed Titan cement project will have a negative environmental impact. Our team obviously agreed, and even the lawyers for DENR and DOA conceded that it had the potential to do so. Only Titan’s lawyers refused to acknowledge the obvious: that the fourth largest cement plant in the nation, which would spew thousands of tons of toxic emissions into our air and destroy a thousand acres or more of wetlands would have a significant environmental impact on our region. (Which makes you wonder what, if anything, they would consider an environmental impact.)

Judge Stephens promised to make his decision in about a week or so after he reviewed proposed rulings from all the attorneys. So stay tuned for more updates on the legal drama. You can read more coverage of the case in the News & Observer, the Star News, and Lumina News.

Come Celebrate Earth Day and Register for Reach the Beach!

Join us this Saturday (April 17, from 12 – 6 pm) at Hugh MacRae Park for the annual Earth Day celebration! We’ll have a Friends of the Lower Cape Fear/Stoptitan.org table set up with stacks of bumper stickers, yard signs, and flyers to pass around, as well as registration forms and information about the upcoming Reach the Beach 5K Race/1 Mile Family Fun Walk on May 8th. [You can also register online at www.reachthebeach2010.com.] As always, all tax-deductible donations and proceeds go directly to the fight to stop Titan Cement. So drop by the table to chat, register and pick up a bumper sticker and yard sign for you and all your neighbors. No self-respecting New Hanoverian home should be without one! Parking can be crazy, so try leaving the mini-van in the old Cinema 6 lot next to Tidal Creek, off Oleander Drive and take the Earth Day Shuttle, which will run continuously from noon to 6:30 pm.

New Raleigh Billboard and Full-Page Ad!

 In our continuing efforts to take the Titan fight to Raleigh, we’ve plastered a new billboard—replete with big fuming smokestacks-- on Capital Blvd South, so all those legislators heading into downtown Raleigh can see it. Click here to check it out. We’ve also moved our I-40 Doctor’s Billboard further west. It now appears around Exit 325, heading on I-40 West, just past the Benson interchange (where I-95 and I-40 meet). And finally, for the Mother’s Day month of May, we have a full-page ad in Raleigh’s Natural Awakenings magazine. We affectionately call it, “the belly ad,” which sends a powerful message about the danger of mercury exposure to children in the womb. Click here to see what we mean. Feel free to download a copy and hand it out or paste it in your workplace.

Vote Early, Vote Often…Starting May 4th!

And don’t forget to find out where each of the candidates stand on the Titan issue before you vote in the primary on May 4th. Go to the County Board of Elections links below to find out who is running and how to reach ‘em!

New Hanover County Board of Elections—Candidate Filings

http://www.nhcgov.com/AgnAndDpt/ELCT/Pages/2010DailyCandidateFilings.aspx

Pender County Board of Elections

http://www.pendercountync.gov/Government/Departments/BoardofElections.aspx

Brunswick County Board of Elections

http://www.brunsco.net/Departments/BoardofElections/tabid/75/Default.aspx

That’s it for now. Lots going on, lots to do, and we need your help to keep it all moving forward. Ads, billboards, legal experts and bumper stickers don’t come cheap (okay, bumper stickers are pretty cheap), so please register now for Reach the Beach and plan to bring your family and join us on May 8th for a day filled with great food, music and fun as we continue to fight for the future of our Cape Fear region.

 

See you there!
Your Friends and neighbors at Friends of the Lower Cape Fear

 
Action Alert: Wall Street, Judges, and Fun Runs
Tuesday, 06 April 2010 13:49
  • Titan Fight Hits Wall Street Journal!.....
  • Judge Orders Hearing on SEPA!......
  • Register Now to Reach The Beach!....

 

From Market Street to Wall Street…

The Titan fight gained national notoriety this week with a major story in the Wall Street Journal. Atlanta-based staff writer Mike Esterl pegged the contentious local issue as representative of a national trend, as communities around the country turn from heavy-polluting industries of the past to attract cleaner, greener, high-tech industries of the future. Titan’s Bob Odom and Wilmington Industrial Development’s Scott Satterfield made their typical any-job-at-any-price argument, while Lloyd Smith and Ian Oeschger—two founders of FLCF/StopTitan.org and the newly formed Cape Fear Economic Development Council—made the case that the new economy lifts all boats—without sinking our environment, tourism industry, and public health. Read all about it and join the discussion fray here.

http://online.wsj.com/article/SB10001424052702303450704575159930129774868.html?KEYWORDS=titan+cement

Court Case Update

Judge Rejects Titan Request for Dismissal, Calls for Hearing on SEPA!

In a major blow to Titan’s and DENR’s lawyers, Wake Superior Court Judge Donald Stephens denied their request to dismiss the lawsuit brought by the Southern Environmental Law Center and Duke’s Environmental Law and Policy Clinic over Titan’s exclusion from the State Environmental Policy Act. Instead, Stephens called for a hearing on the SEPA issue next week telling the News & Observer: “I’m real uncomfortable with what I’ve heard so far,” Stephens said. “I think I’d like to hear it all.” So would we Judge, so would we. Check it out here:

http://projects.newsobserver.com/under_the_dome/judge_wants_to_hear_it_all_in_titan_case

Register Now to Reach the Beach!

And speaking of lawsuits, well they don’t come cheap. So come join your friends and neighbors who care about a healthy coast for the 2nd annual Reach the Beach—a family-friendly fundraising event for Friends of the Lower Cape Fear. Register today and start gathering sponsors for your 5K run or 1mile walk, so your friends and family from all over the country can participate as well. Next time they visit, they can take pride in knowing they’ve done their part to clear the Cape Fear air!

Where: Wrightsville Beach Park, Town Hall

When: Saturday, May 8,  9:00 AM – 1:00PM

What: 5k run, 1 mile family fun walk, music, food, family festivities, live and silent auction

Details: Get the scoop and register today at www.reachthebeach2010.com.

And Lastly, A Note on Politics…

A few folks complained about our mentioning of a candidate for county commissioner by name in our last update, mistakenly assuming that such a mention was tantamount to an endorsement. Nothing could be further from the truth. We have not, cannot, and will not endorse a candidate for public office. We are a big tent and include volunteers and supporters from all over the political spectrum who are united in opposition to Titan Cement. We apologize for any confusion we may have caused.

Your Friends and Neighbors at
StopTitan.org
 
News Alert: Polls, editorials, and politicians
Saturday, 20 March 2010 12:24
  • 80% say Titan will have negative impact in County Commissioners Poll!
  • New Editorials Slam Titan Permit Process!
  • N.C. Secretary of State Says Not So Fast Titan!

Commissioners Poll County on Titan—Then Hide the Results!

The Lumina News  is reporting this week that New Hanover County Commissioners spent $13,000 dollars on a recent survey allegedly to learn about how we feel about a sales tax hike (we could have told them that for free), but also included a number of political questions including two on Titan Cement. Debra Butler, a candidate for County Commissioner, also sent around the appropriate page. The survey asked the 400 respondents the following questions:

“There have been many news stories concerning the location of the new Titan America plant. Do you think this project will have a positive or negative impact on New Hanover County?”

143   35.8 Positive

171   42.8 Negative

86     DK (don’t know)/Refused
 
(400  Total) 

A solid majority believes it will have a negative impact with a lot of don’t knows. But then check out the next question of those who voted negative:

If Titan America was to meet all state and federal permitting requirements, do you think the project will have a positive impact on New Hanover County?”

 The answer: 
79.5 % said NO 

10.5 % said YES

9.9 % No answer.

An overwhelming NO even if Titan got all it's permits. And the majority of respondents in the poll were Republicans who supported tax incentives to industries! The way the Titan question was worded is also curious—County Commissioner Bill Caster, who is running for re-election, has repeatedly said he supports Titan as long as they meet all state and federal requirements. Hmmm. And the poll reportedly included a lot of demographic data on the respondents as well as favorability ratings of the commissioners—a veritable gold mine of voter info for any political candidate. Too bad they didn’t ask one more question:

Do you think tax payers should pay for a $13,000 survey to help Commissioner Bill Caster’s re-election campaign?”  [We think that would be 100% NO!]

Moreover, the Commissioners apparently didn’t want anyone to know about the Titan poll data. They only posted a few questions relating to the sales tax issue on their website—but not the part about Titan Cement.  To get that, you’ve got to pay about $27 for the 300+ page hard copy. Thanks to Debra Butler and Lumina News for bringing it to light.

Now we can’t endorse political candidates because of our 501c3 tax exempt status. But we can certainly educate folks on where they stand on the issue. And so during this election season we’re going to put a new page on our website with all the candidates names and their position on Titan Cement, so the voters will know. We’ll send out another note when it’s ready, so stay tuned!

Secretary of State Elaine Marshall says Put the Brakes on Titan, and other News!

 And speaking of politics, Secretary of State Elaine Marshall, who is challenging Senator Richard Burr in November, released this bombshell on Titan this week:

 “Given the potential impact of this facility on the environment and our local economy, I support a careful review of this project,” Marshall said. “Tourism is now our largest industry in the state and we cannot take a short-term view on something which threatens the long-term health of our estuaries and our economy.”

We couldn’t agree more. Also make sure you read the new editorials from the Charlotte Observer, entitled “State’s Failure to Assess Cement Plant is Baffling.” Ditto. And in the Wilmington Star-News, “Ask How Titan Plans to Reduce Mercury,” as well as a nice opinion piece from a reader and local activist in Encore Magazine.

And there’s still that matter of the State Bureau of Investigation investigation hanging out there waiting to hit Titan like a tidal wave. Will the community defeat the Giant Multi-national Cement Corporation? Will the Governor and County Commissioners Wake UP and Smell the Public Opposition? Will the environmental lawyers force Titan to DO The Right Thing? Stay tuned. Same Bat Time, Same Bat Channel….cause it’s likely to get pretty interesting real soon….

 

Your Friends and Neighbors at:
StopTitan.Org/Friends of the Lower Cape Fear

 

A note about our emails: Some friends have expressed confusion about emails they've received from other groups that are working with us in the Stop Titan Coalition, which includes a half dozen or more local and statewide organizations. We only send out action alerts for those who've signed up to receive them and all our action alerts and documents are clearly marked as coming from StopTitan.org/Friends of the Lower Cape Fear. If you're unsure who's in your inbox, learn more about all the groups in the StopTitan Coalition here.

 
North Carolina Coastal Federation: Urge Governor to Delay All Action on Titan
Monday, 01 February 2010 16:24

WILMINGTON – The N.C. Coastal Federation needs your help to persuade Gov. Beverly Perdue to freeze all permitting for the cement plant that Titan America is proposing to build north of Wilmington on the Northeast Cape Fear River.
In a letter to Purdue, the federation and two other conservation groups have asked for the delay while the State Bureau of Investigation looks into possible permit irregularities. Perdue ordered the review last year.


Recent media reports have detailed questionable campaign fundraising tactics used by former governor Mike Easley. A federal indictment of a top Easley aide said they contributed to a “pay-to-play” culture that allowed big-money contributors to influence environmental permitting decisions. See our website for more details. Those revelations, we note in our letter to Purdue, call into question actions taken by the N.C. Department of the Environment and Natural Resources regarding the Titan proposal. It, for instance, waived a requirement that projects like Titan’s undergo a comprehensive environmental review before state permits are issued. We have asked the N.C. Superior Court in Wake County the review that decision. Because of the revelations, the public has lost confidence that the department acted in the best interests of our coastal environment.

We urge you to support our efforts by contacting the governor’s office and request:

  • That the state not issues any environmental permits for Titan until the SBI investigation is concluded and until the state Superior Court has ruled on our lawsuit.
  • Direct the N.C. Division of Air Quality, which issued a draft air permit for Titan, to comply with the federal Clean Air Act and the Environmental Protection Agency regulations for pollution controls for cement plants that will take effect in June. The draft permit violates the Clean Air Act because it does not require Titan to control its emissions to the “maximum degree of reduction” that is achievable. This violation will mean that people in southeastern North Carolina will be exposed to more than 1,000 tons of polluted air each day.

You can write Perdue at the Office of the Governor, 20301 Mail Service Center, Raleigh 27699-0301. You can also email her.

Also send your comments to Tate Johnson, the director of Perdue’s Eastern Regional Office: 233 Middle St., O’Marks Building Suite 211, New Bern; 252-514-4825.
For further information contact Mike Giles, the federation’s Cape Fear Coastkeeper®, at 910-790-3275 or email him.

 

Read the PDF for this action alert here: Action Alert: Urge the Governor to Delay All Action on Titan (PDF)

 
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