Analyze

The complaints of Duplin County residents and the Environmental Justice Community Action Network about general permitting for hog farms in Eastern NC. These permits would give way to more ground and water pollution due to the relaxed regulations on corporate farms that hold multiple different numbers of livestock. Plans for the implementationa pipline called the "Grady Road project" interrupt the family and small scale farms in the ares. A quote from the Duplin County NAACP president Robert O. Moore says:

"The corporation has refused to implement any technology to clean up the water, citing the cost of doing so was too expensive. Yet the cost of this biogas project rivals the cost that would have been to implement cleaner and safer technology to ensure the safety of those living near these operations."

Many local groups in Eastern NC counties have previously tried to receive assistance to help with their agriculture waste managment systems, yet fall short due to many government officials only focusing on corporate farms. 

Read more at the link: https://southerlymag.org/2022/03/24/biogas-could-do-more-harm-than-good…
 

Early local organizing that uses conflict and difference as a way to generate transformative solutions. Solutions that serve more then one worldview instead of growing otherness, separateness, and hierarchy. In the book Emergent Strategy by adrienne maree brown, brown states... 

At the human scale, in order to create a world that works for more people, for more life, we have to collaborate on the process of dreaming and visioning and implementing that world. We have to recognize that a multitude of realities have, do, and will exist.

An example of success using this strategy is the Dogwood Alliance in joint with other partners who put a stop to a wood pellet mill in Lumberton, NC. The article located on the Dogwood Alliance webpage about this victory states the following. 

THE CLOSURE OF THIS FACILITY IS ALSO A WIN FOR OUR CLIMATE. THE BURNING OF THESE PELLETS WOULD HAVE ADDED THOUSANDS OF TONS OF CARBON DIOXIDE TO THE ATMOSPHERE, THE EQUIVALENT OF 155,580 CARS ON THE ROAD.

Link to this webpage: https://www.dogwoodalliance.org/2022/04/statement-wood-pellet-mill-stop…

In an article written in August 2022 details the complaints of residents of Duplin County and the Environmental Justice Community Action Network in response to a general permit for hog farms in Eastern North Carolina that would pollute the ground and water by relaxing regulations on farms with varying numbers of livestock. A quote from Sheri White-Williamson, cofounder of the Community Action Network, says, 

“A general permit is a one-size fits all system, regardless of the number of animals you have,” she said. “That doesn’t seem to make good environmental sense. At the very minimum we would like to see the denitrification system that has shown to be better for taking care of the toxins that come out of this process. Unfortunately, that hasn’t happened.”

Local groups urge the DEQ to set regulations on a case by case basis depending on the size of biogas operations and should require cleaner systems and ways of getting rid of waste.

The article is linked here:https://coastalreview.org/2022/08/groups-challenge-ncs-biogas-general-p…

This July 14th news article (Oglesby 2022) mentions the The Waterkeeper Alliance as a stakeholder group commenting on biogas projects:

Waterkeeper Alliance, an environmental group, also criticized the general permit, calling it “woefully inadequate” and saying it fails to assure compliance with water quality protections required under North Carolina law.

Note that the case study for Calhoun County, Texas revolves around a clean water lawsuit against Formosa Plastics, led by a group of actvists associated with the Waterkeeper movement. See the essay The Waterkeepers Win.

From a recent news article (July 12, 2022):

On July 1, the North Carolina Department of Environmental Quality (NCDEQ)—the state’s environmental regulator—issued general biogas permits for swine, cattle, and wet poultry operations, allowing them to bypass individual water quality review and public hearing processes when installing an anaerobic digester on their lagoons. The permits are in effect until Sept. 2024.

[...]

The permits reduce communities’ ability to weigh in on individual projects and will fast-track biogas operations in the state. Environmental groups heavily opposed the draft released in February. 

See the first part of the article series here.

Strategic plans generated every four years include and highlight FERC motivations, goals, and emphasize key priorities the organization plans on focusing on. The newest FERC Strategic plan FY 2022-2026 demonstrates the organizations shifting focus on environmental implications and environmental justice. Compared to the previous Strategic plans from 2009 till 2022, there have been zero mentions of “environmental justice” or “environmental justice communities”. In the newest 2022-2026 strategic plan there were 24 mentions of “environmental justice” and 11 mentions of “environmental justice communities”. The newest strategic plan focuses on better examining greenhouse gas emissions by revising the analytical framework for evaluating effects of natural gas infrastructure. The newest strategic plan includes an outline to address energy security and reliability given extreme weather events, climate change and new cyber security threats. An additional priority includes improving participation in proceedings, including landowners, environmental justice communities, tribal nations, and members of the public. Their report also includes an emphasis on regulation and compliance with industry. 

The structure in which the FERC is funded is one of particular controversy, which was brought to court in 2016 by the Delaware Riverkeeper Network. The DRN alleged that the way in which the FERC was funded was inherently biased in favor of industry and violated the public's 5th amendment right. The FERC has an appropriated budget set by congress. The FERC raises revenue through the industry it regulates to reimburse and generate funding.  The lawsuit legally sided with the FERC giving the following reasons: the FERC budget has remained consistently the same, the FERC is statutorily required to eliminate under and over recovery of money, and the opposition failed ot prove it's case.

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As of April 2022 the commissioners include, Commissioner James Danly, Commissioner Allison Clements, Commissioner Mark C. Christie, and Commissioner Willie L. Phillips, and Chairman, Richard Glick. Chairman and Commissioners are appointed by the President and confirmed by the Senate. Commissioners and Chair serve staggered five year terms and not more than three of the five commissioners, including the chair, can be from the same political party. Additional staffers include ~1500 employees (based on FY 2019). Staffers fulfill supplemental positions such as lawyers, engineers, economists, biologist, ecologist etc. The chairman and commissioners are at the top of the organizational structure. Administrative, Regulatory, and Litigation functions all follow. There are 13 specific departments such as the Office of Administrative Litigation, Office of Energy Policy and Innovation, Office of the External Affairs etc. all fall into one of the three functions.

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