Category Archives: Courts and law

Speaking of Gay Rights…

gay_marriageLike a lot of other Americans, I have been slow to embrace the right of gays to marry. That’s because I respect the sanctity of an institution — marriage as the union between a man and a woman — that evolved over thousands of years. But, ultimately, my libertarian instincts prevailed.

As a libertarian/conservative, I espouse a win-win view of human rights. I don’t think, for example, that there is a fundamental human right to education or health care. Those so-called “rights” are derived, or subsidiary, rights. Financing one person’s “right” to health care can be achieved only by taking someone else’s property, thus harming that person. That’s not to say that society shouldn’t provide health care to all, but universal access to health care is something to be bestowed through legislation, not as a fundamental right.

What is a fundamental right? The right to vote is fundamental. Giving John the right to vote does not deprive Mary of the right to vote. Giving John the right of free speech does not deprive Mary of the right to free speech. Giving John the right to a trial by jury does not deprive Mary of the right to a trial by jury. Giving all citizens equal treatment under the law is a fundamental right.

By the same logic, giving Heather’s mommies the right to be married, along with all the privileges and appurtenances permitted under the law, does not deprive John and Mary of the right to marry.  So, while my heart tells me to support the traditional idea of marriage (not because I’m anti-gay, but because I’m pro-traditional marriage), reason tells me to support gay marriage. In this particular matter, I follow my head over my heart.


Federal Judge OKs Pipeline Surveys

pipelineby James A. Bacon

A federal judge has dismissed a lawsuit filed by landowners seeking to block the Atlantic Coast Pipeline (ACP) from surveying their land for the purpose of building a pipeline.

Three landowners in the path of the proposed 550-mile project had challenged the constitutionality of a state law permitting the pipeline to survey their lands, as long as it abode by certain formalities of notification. After filing the suite, ACP altered the proposed route to bypass the properties of the three plaintiffs.

“The court concludes that the plaintiffs’ facial challenges to the statute fail because the statute does not deprive a landowner of a constitutionally protected property right,” wrote Elizabeth K. Dillon, with the U.S. District Court in Roanoke. Additionally, Dillon ruled, the challenges fail because they are not “ripe,” that is, they are abstract and hypothetical now that ACP has announced that it no longer intends to survey their property. The plaintiffs “face no immediate threat of injury.”

The ruling removes another legal obstacle to surveying and ultimately constructing the pipeline, which its owners, including managing partner Dominion, say will help meet the growing demand for natural gas in Virginia and North Carolina as electric utilities substitute natural gas for coal. In theory the plaintiffs can appeal to the U.S. Supreme Court, although it is not clear if they intend to do so.

In an email response, Charlotte Rea, one of the plaintiffs and co-chair of the “All Pain No Gain” group opposing the pipeline, stated the following:

As you might expect, I am disappointed.  I don’t think our forefathers when they wrote the Constitution expected its interpretation to allow for private investor owned corporations to violate the property rights of private citizens.  The Constitution only allows for private property to be taken if it is for proven public need and just compensation is provided the landowner.  Surveys by private corporations on private property should not be allowed.  There has been no determination made that the Atlantic Coast Pipeline project is for the public good.  Until that determination is made, private property owners should not have to cede any property rights.

In a press release, Dominion stated:

From the beginning, we have always believed that the Virginia law is consistent with the U.S. Constitution and allows surveys with proper notification and landowner protections. Yesterday’s ruling affirmed that belief and our actions.

ACP has followed the procedure as laid out in the Virginia law to survey the best route with the least environmental impact. The Virginia law allows survey only as necessary to meet regulatory requirements.

The plaintiff’s attorneys argued that the Takings clause of the Constitution protects property rights, specifically the right to exclude — to forbid others from trespassing. However, wrote Dillon, common law has long recognized that the right to exclude is not absolute. “Courts also have long recognized the common-law privilege to enter private property for survey purposes prior to exercising eminent domain authority.”

Consistent with the common law, Virginia has long permitted governmental entities to conduct surveys on private property before exercising eminent domain authority. For instance, Dillon wrote, the Code of 1819 gave a turnpike company “full power and authority to enter upon all lands and tenements through which they may judge it necessary to make said road.”

Foes have questioned whether the Atlantic Coast Pipeline provides a public purpose, given that it is one of four pipelines proposed to run through Virginia and that pipelines are being built to serve New York and nearby markets, freeing up capacity by the existing Transco mega-pipeline serving Virginia.

However, Dillon wrote:

In the Natural Gas Act, Congress ‘declared that the business of transporting and selling natural gas for ultimate distribution to the public is affected with a public interest.’ …  [The Virginia survey law] allows a natural gas company to gather … information required for the certificate by giving it the ability to enter property and conduct a minimally invasive survey. The statute thus facilitates the ‘transportat[ion] and selling’ of natural gas, and thereby serves a public purpose.”

Breaking the Cycle of Debt and Suspended Licenses

Joe Herbin, driving worry-free and working as a forklift operator at Frito-Lay.

Joe Herbin, driving legally and working as a forklift operator at Frito-Lay.

by James A. Bacon

Joe Herbin has always been a hard worker. When he was 15 years old, he’d accumulated the $1,200 it took to buy an old Cadillac. The fact that he didn’t have a driver’s license — or was too young even to get one — wasn’t a deterrent. He installed a bad-ass sound system and drove around town like the king of the world for about a week, then had an accident in a gas station. The policeman gave him tickets for about four different violations — the first of many to come.

Herbin kept driving, though, and he kept racking up tickets in and around the City of Richmond, often while driving to or from work at Wal-Mart, Target or his cousin’s music CD shop. He prayed every day that he wouldn’t get stopped and slapped with another fine, penalty or gig in jail. He was around 22 years old when he was driving his pregnant girl friend to the hospital, when he got stopped again. This time someone finally told him about the Drive to Work program, a not-for-profit group dedicated to helping people with suspended licenses restore their driving privileges so they can function as productive members of society.

When Drive to Work staff tallied up all the fines, penalties and back interest, they found that Herbin owed a total of $7,500 to courts in five jurisdictions, each with its own set of procedures for collecting the money. By his own admission, Herbin is a “careless person,” lacking the temperament to make payments to so many court clerks on a regular basis. Drive to Work created a plan whereby he made a single monthly payment of $357 to the non-profit, and staff made sure each court clerk received the money on time. Drive to Work also negotiated a deal allowing Herbin to receive a restricted driver’s license allowing him to drive between home and work, home and church, and home and daycare.

Today, Herbin has worked his fines down to under $1,000 and his monthly payments to less than $50. He now drives a forklift for Frito-Lay making $17 an hour, as well as a part-time job for extra cash, and he lives in a committed relationship with the mother of his three children.

Herbin’s story is surprisingly common in Virginia. A recent study conducted of 606 of Drive to Work’s clients found that fines, penalties and interest ranged as high as $33,000, with average debt about $4,800. Clients owned money to an average of 3.6 different courts.

At an awards and recognition banquet Monday, Drive to Work President O. Randolph Rollins described the predicament of another client. Of the $8,000 in obligations he’d amassed, 35% consisted of unpaid fines, 45% of court penalties relating to hearing his case, and 20% interest.

The system creates a vicious cycle for poor and working class people who build up fines they cannot hope to repay, Rollins said. Many continue driving because they can’t get to work any other way, lose their license and lose their jobs. The situation is a Catch 22: Without work, they have no hope of generating earnings to repay the fines. Indeed, the inability to repay fines accounts for 37% of all suspended licenses in Virginia, Rollins said  — affecting nearly 200,000 people across the state.

Recognition of the need to restore drivers licenses became a political issue during the McDonnell administration and with bipartisan support has continued during the McAuliffe administration. The Department of Corrections has implemented a program to help felons prepare while still in prison to get their licenses when they re-enter society. And Del. Manoli Loupassi, R-Richmond, submitted a bill in the 2015 session to study the use of drivers license suspensions as a collection method for unpaid court costs. Although that bill failed because of a technicality, said Rollins, there strong support for passing it next year.

The initiative to restore driving privileges is part of a larger movement to reintegrate felons into society upon their release. The days of giving an offender $20 and bus ticket home are long over. Virginia has one of the best track records in the country for recidivism, said Harold W. Clark, director of the Department of Corrections. Second only to the state of Oklahoma, the recidivism rate is just under 23%. The rate ranges as high as 60% in other states.

While the biggest risk factors for recidivism include antisocial personality, antisocial associations and dysfunctional family, the ability to find employment is one of the “top eight,” Clark said. “Not having a driver’s license is a serious problem. People without driving privileges are effectively excluded from many jobs.”

Many offenders don’t know why their license was suspended or how to get it back, said Clark. A program like Drive to Work helps them navigate the bureaucratic maze, create plans for repaying fines and get offenders a license, even if just a restricted one, that allows them to seek employment.

Tough on Bad Drivers

wrecked_carThe latest from WalletHub… Virginia is the third strictest state in the country when dealing with high-risk drivers. The Old Dominion is consistently among the tougher states for Driving Under the Influence penalties and prevention, speeding enforcement and reckless driving enforcement.

For what it’s worth: Red states are slightly tougher on at-risk drivers than blue states.

Bureaucratizing the War on Men

campus_rapeby James A. Bacon

The bureaucratic machinery for prosecuting the Obama administration’s war on a supposed “epidemic of rape” — is building with frightening rapidity in Virginia. The University of Virginia spent about $1.5 million over the past year to comply with the U.S. Department of Education’s Title IX requirements, while Virginia Commonwealth University spent about $1 million, according to the Richmond Times-Dispatch.

Now state universities are discussing creation of a network of shared resources and investigators to address campus assaults. At a meeting of university presidents at the State Council for Higher Education in Virginia (SCHEV), UVa President Teresa Sullivan said a regional collaboration would help schools with fewer resource meet requirements of federal Title IX investigations.

This summer, UVa hired a new Title IX coordinator, two investigators and a coordinator for the federal Clery Act, which requires the disclosure of crime statistics. “Would I have rather hired four faculty members with that money? Yes, I would,” she said. “But we needed to do this to be in compliance.”

The “epidemic of rape” movement has overshot the mark, going way beyond the commendable objectives of combating campus rape and supporting the victims of rape. The new regime criminalizes sexual encounters — typically involving excess consumption of alcohol — that women regret in retrospect. Under the new logic, women are absolved of any responsibility for their own actions, while men who fail to obtain a woman’s “consent” during their drunken couplings are declared guilty of rape or sexual assault. The  apparatus being foisted into place is not merely solicitous to women but sometimes encourages them to file complaints when they were not initially disposed to do so, while administrative proceedings are stacked against men. As a consequence, an increasing number of men are heading to the courts to seek redress against university sanctions.

Meanwhile, a new puritanism is descending upon college campuses, as witnessed by the reaction to a sophomoric stunt by some Old Dominion University frat boys last week. Their offense: hanging a banner from their house saying, “Rowdy and fun—hope your baby girl is ready for a good time.” Suggestive jokes now are deemed worthy of administrative review and possible punishment.

To be totally clear, I find repugnant the kind of casual drunken sex on college campuses that leads to all too many regrettable and/or violent sexual encounters. I’m all in favor of throwing the book at rapists. I believe in chastising young men who treat young women boorishly. But I don’t favor criminalizing non-criminal acts, dismantling basic legal protections for men and squatting on free speech in order to accomplish that aim. There has to be a better way.

Gender “Justice” at Washington & Lee


W&L’s Lauren Kozak: “Is it possible that there is something In between consensual sex and rape … and that it happens to almost every girl out there?”

Can this column in PJMedia possibly be a fairly rendered reporting of a “sexual assault” hearing at Washington & Lee University? If the story is accurate, it is scary on at least two grounds: (1) the novel theory of “gray” rape, a consensual sexual act later viewed with regret by the woman, is grounds for dismissing a male student from a prestigious Virginia university; and (2) a student can be evicted in a hearing without any pretense of what most Americans would consider a fair trial. Indeed, the W&L hearing resembled nothing so much as an administration-sanctioned kangaroo court.

I hesitate to draw sweeping conclusions from an opinion column until I have seen all sides of the story, although the author, Hans Spakovsky, a legal fellow with the Heritage Foundation, is a serious commentator, not some no-name blogger, and his account is largely consistent with that of a subsequent lawsuit reported by the Roanoke Times. These allegations are far more momentous than the fabulist Rolling Stone UVa fraternity-rape story because they suggest that the administration of a prestigious university has abandoned core principles of American jurisprudence — punishment of a novel, never-bef0re-articulated offense, the right to a fair and open trial, the right to a lawyer, the presumption of innocence, adherence to basic standards of evidence — in its internal proceedings.

The Rolling Stone article inspired an outpouring of investigative journalism by mainstream media publications, most notably the Washington Post. That’s understandable, given the horrifying nature of the putative crime, which confirmed the narrative of a lot of correct-thinking people. The W&L incident, it seems to me, justifies just as much attention. When political correctness hijacks the administrative machinery of a respected university, that’s just as big a story as frat boys run amuck. Let’s hope the Roanoke Times gives this story the full attention it deserves.

Update: Meanwhile, there’s another date rape controversy brewing at Virginia Wesleyan College.

(Hat tip: Tim Wise)


Alpha Natural Resources: Running Wrong

Alpha miners in Southwest Virginia (Photo by Scott Elmquist)

Alpha miners in Southwest Virginia
(Photo by Scott Elmquist)

 By Peter Galuszka

Four years ago, coal titan Alpha Natural Resources, one of Virginia’s biggest political donors, was riding high.

It was spending $7.1 billion to buy Massey Energy, a renegade coal firm based in Richmond that had compiled an extraordinary record for safety and environmental violations and fines. Its management practices culminated in a huge mine blast on April 5, 2010 that killed 29 miners in West Virginia, according to three investigations.

Bristol-based Alpha, founded in 2002, had coveted Massey’s rich troves of metallurgical and steam coal as the industry was undergoing a boom phase. It would get about 1,400 Massey workers to add to its workforce of 6,600 but would have to retrain them in safety procedures through Alpha’s “Running Right” program.

Now, four years later, Alpha is in a fight for its life. Its stock – trading at a paltry 55 cents per share — has been delisted by the New York Stock Exchange. After months of layoffs, the firm is preparing for a bankruptcy filing. It is negotiating with its loan holders and senior bondholders to help restructure its debt.

Alpha is the victim of a severe downturn in the coal industry as cheap natural gas from hydraulic fracturing drilling has flooded the market and become a favorite of electric utilities. Alpha had banked on Masset’s huge reserves of met coal to sustain it, but global economic strife, especially in China, has dramatically cut demand for steel. Some claim there is a “War on Coal” in the form of tough new regulations, although others claim the real reason is that coal can’t face competition from other fuel sources.

Alpha’s big fall has big implications for Virginia in several arenas:

(1) Alpha is one of the largest political donors in the state, favoring Republicans. In recent years, it has spent $2,256,617 on GOP politicians and PACS, notably on such influential politicians and Jerry Kilgore and Tommy Norment, according to the Virginia Public Access Project. It also has spent $626,558 on Democrats.

In 2014-2015, it was the ninth largest donor in the state. Dominion was ahead among corporations, but Alpha beat out such top drawer bankrollers as Altria, Comcast and Verizon. The question now is whether a bankruptcy trustee will allow Alpha to continue its funding efforts.

(2) How will Alpha handle its pension and other benefits for its workers? If it goes bankrupt, it will be in the same company as Patriot Coal which is in bankruptcy for the second time in the past several years. Patriot was spun off by Peabody, the nation’s largest coal producer, which wanted to get out of the troubled Central Appalachian market to concentrate on more profitable coalfields in Wyoming’s Powder River Basin and the Midwest.

Critics say that Patriot was a shell firm set up by Peabody so it could skip out of paying health, pension and other benefits to the retired workers it used to employ. The United Mine Workers of America has criticized a Patriot plan to pay its top five executives $6.4 million as it reorganizes its finances.

(3) Coal firms that have large surface mines, as Alpha does, may not be able to meet the financial requirements to clean up the pits as required by law. Alpha has used mountaintop removal practices in the Appalachians in which hundreds of feet of mountains are ripped apart by explosives and huge drag lines to get at coal. They also have mines in Wyoming that also involve removing millions of tons of overburden.

Like many coal firms, Alpha has used “self-bonding” practices to guarantee mine reclamation. In this, the companies use their finances as insurance that they will clean up. If not, they must post cash. Wyoming has given Alpha until Aug. 24 to prove it has $411 million for reclamation.

(4) The health problems of coalfield residents continue unabated. According to a Newsweek report, Kentucky has more cancer rates than any other state. Tobacco smoking as a lot to do with it, but so does exposure to carcinogenic compounds that are released into the environment by mountaintop removal. This also affects people living in Virginia and West Virginia. In 2014, Alpha was fined $27.5 million by federal regulators for illegal discharges of toxic materials into hundreds of streams. It also must pay $200 million to clean up the streams.

The trials of coal companies mean bad news for Virginia and its sister states whose residents living near shut-down mines will still be at risk from them. As more go bust or bankrupt, the bill for their destructive practices will have to borne by someone else.

After digging out the Appalachians for about 150 years, the coal firms have never left coalfield residents well off. Despite its coal riches, Kentucky ranks 45th in the country for wealth. King Coal could have helped alleviate that earlier, but is in a much more difficult position to do much now. Everyday folks with be the ones paying for their legacy.

Stricter Penalties, Safer Roads

by James A. Bacon

I will concede this upfront: Bacon playing with statistics is like a toddler playing with a gun. Nothing good can come of it. With that word of warning, I ask readers to indulge me for a moment.

WalletHub, the financial advisory website, has come up with yet another listicle — a ranking of the 50 states (and Washington, D.C.) by the strictness of their speeding and reckless driving laws. This is a matter of more than passing interest to me because my son got his driver’s license just last week and my wife is a nervous wreck. Oh, no, it’s drizzling outside — the streets are dangerous. Oh, no, it’s bright and sunny outside — the glare can blind you. Readers who have had wives and teenage drivers know exactly what I’m talking about.

Back to WalletHub… It turns out that Virginia has the sixth strictest penalties in the country for speeding and reckless driving. Knowing the strictures put on teen drivers and drunk drivers, I can well believe that the traffic regimen is tough on speeders as well. But I asked myself a question that WalletHub didn’t answer: Do tough driving laws make a difference? Do they save lives, or do they just punish drivers for no reason?

In the spirit of social scientific inquiry, I compared the WalletHub ratings with data from the Insurance Institute for Highway Safety on the incidence of fatalities per 1 million vehicle miles traveled (VMT). The results can be seen in the chart above. The Y axis shows the WalletHub ranking, with the strictest states at the bottom and the most lenient states at the top. The X axis shows deaths per million VMT. The red dot shows Virginia.

Assuming I am analyzing the data properly (not something to be taken for granted), Virginia does seem to get some benefit from its strict speeding and reckless driving laws — but not as much as might be expected. The R², a measure of correlation, suggests that 5.6% of the difference in highway fatalities between states is explainable by the variation in speeding and reckless-driving penalties. That’s not a dominant determinant but a non-inconsiderable one. Yet the Old Dominion has the sixth strictest laws in the land but only the 11th lowest fatality rate.

Speeding enforcement and penalties are not the only means to reduce speeding. Other options include lower speed limits, road design and traffic-calming measures, and driver education, especially for young drivers. Other factors may come into play as well. Insofar as fatalities are correlated with driving speed, states with large rural populations driving on country roads may be at greater risk of fatalities, for instance, than largely urban states where city streets have lower speed limits. It is no accident that Washington, D.C. has a lower fatality rate per miles driven than any of the 50 states.

Could Virginia do a better job? My job is to ask the questions. Keener analytical minds are needed to come up with answers.

The Ironies of Virginia’s Growing Diversity

Midlothian’s New Grand Mart taps state’s growing diversity

 By Peter Galuszka

Suddenly immigration is popping up as a major issue in Virginia and the nation.

Virginia Beach has been dubbed a “sanctuary city” for undocumented aliens by Fox News and conservative Websites. GOP presidential hopeful Donald Trump is scarfing up poll number hikes by calling Mexicans trying to enter the U.S. illegally “rapists” and proposing an expensive new wall project to block off the southern border. Pro-Confederate flag advocates are pushing back against anti-flag moves, but they can’t escape the reality they are conjuring up  old visions of white supremacy, not their version of respectable Southern “heritage.”

So, if you’d like to look at it, here’s a piece I wrote for The Washington Post in today’s newspaper. When I visited a new, international food store called New Grand Mart in Midlothian near Richmond, I was impressed by how large it was and how many people from diverse backgrounds were there.

Looking further, I found one study noting that Virginia is drawing new groups of higher-income residents of Asian and Hispanic descent. In the suburbs, African-Americans are doing well, too.

The Center for Opportunity Urbanism ranked 52 cities as offering the best opportunities for diverse groups. One might assume D.C. and Northern Virginia would rank well, and they do. More surprising was that Richmond and Virginia Beach rank in the top 10 in such areas as income and home ownership. True, mostly black inner city Richmond has a 26 percent poverty rate but it seems to be a different story elsewhere.

Stephen Farnsworth of the University of Mary Washington says that economic prosperity and jobs that had been concentrated in the D.C. area, much of it federal, has been spread elsewhere throughout the state. It may not be a coincidence that New Grand Mart was started in Northern Virginia by Korean-Americans who undertook research. It revealed that the Richmond area was a rich diversity market waiting to be tapped. They were impressed and expanded there.

Other areas that do well in the study are Atlanta, Raleigh, N.C. and ones in Texas, which show a trend of job creation in the South and Southwest outpacing economic centers in the Northeast, Midwest and in parts of the West. Another story in today’s Post shows that there are more mostly-black classrooms in Northern cities than in the South. The piece balances out the intense reevaluation of Southern history now underway. A lot of the bad stuff seems to have ended long ago, but somehow similar attitudes remain in cities like Detroit and New York.

This progress is indeed interesting since old-fashioned American xenophobia is rearing itself again.

In Virginia, the long-term political impact will be profound as newer groups prosper. They may not be as inclined as whites to embrace Virginia’s peculiar brand of exceptionalism, such as their emotional mythology of Robert E. Lee and Thomas Jefferson. Their interest in them might be more dispassionately historical.

And, as the numbers of wealthier people from diverse backgrounds grow, they may be less willing to keep their heads down when faced with immigrant bashing. That’s what people of Hispanic descent did in 2007 and 2008 when Prince Williams County went through an ugly phase of crackdowns on supposed illegals. They could strike back with their own political campaigns.

Whether they will be blue or red remains to be seen. It’s not a given that they’d be Democratic-leaning. Farnsworth notes, however, that as more diverse people move to metropolitan suburbs, whites in more rural, lower-income places may become more reactionary out of fear. Hard-working and better-educated newcomers might be out-classing them in job hunts, so they might vote for politicians warning of a yellow or brown peril.

In any case, New Grand Mart presages a very crucial and positive trend in Virginia. It shows the irony of the hard right echo chamber peddling stories designed to inflame hatred and racism, such as the one about Virginia Beach being a “sanctuary” for illegals. In fact, the city is attracting exactly the  well-educated and hard-working newcomers of diverse backgrounds upon whom it can rest its future.

But we’re in an age of bloated billionaires with helmet hairdos and no military experience claiming that former Republican presidential candidate John McCain, a shot-down Navy pilot who spent five years in a brutal North Vietnamese prison, is not a hero. If Virginia can ignore such time-wasters and embrace diversity, it will be a better place.

Why Can’t Dominion Do Big Wind Projects?

A wind farm in Texas

A wind farm in Texas

 By Peter Galuszka

Down in the swamplands and farmlands of northeastern North Carolina, construction has begun on a huge new wind farm that will be the largest so far in the southeastern U.S.

Iberdrola Renewables LLC, a Spanish firm, has begun construction on the long-awaited $600 million project with financial help from Amazon, which also plans a solar farm on Virginia’s Eastern Shore. The Tar Heel project will stretch on 22,000 acres and could generate about 204 megawatts of power.

The curious part of this is that the farm is only about 12 miles of the Virginia line northwest of Elizabeth City, N.C.

That’s not far at all from the Old Dominion. But Dominion Resources, Virginia’s leading utility, has been sluggish in pushing ahead with wind, citing concerns about cost. It pulled the plug on an offshore pilot project involving only two wind turbines that would have a relatively tiny power output off of Virginia Beach.

So why were renewable energy firm executives and public officials celebrating yesterday in North Carolina and not Virginia?

That’s an easy one. North Carolina has a renewable portfolio standard that requires utilities to produce at least 12.5 percent of their power from renewables. Virginia has a similar plan, but being a “pro-business” state, Virginia has made it voluntary. So, Dominion doesn’t really have to do anything at the moment to push to wind, solar or other renewable.

It might have more incentive to do so when the U.S. Environmental Protection Agency finalizes rules on its Clean Power Plan later this year, but no one really knows what the final form will be.

Nonetheless, Dominion has marshaled its money and its lobbyists to change how regulators over see it in this regard. The General Assembly, some of whose members get huge contributions from Dominion, hurriedly passed a bill this session changing the rules in ways that Dominion wants.

To be sure, Dominion has some wind farms in other states. But here in Virginia, it is pitching the old saw that wind power is too expensive and unreliable and so on.

It may have been at one time. When Iberdrola pitched the plan to put 102 wind turbines on 22,000 acres in N .C., the common wisdom was that the southeast just doesn’t have the natural wind power. The winds are too light, usually.

But this changed when new technology allowed wind turbines to go from about 260 feet into the air to more than 460 feet or almost as much as the Washington Monument. Once that happened, the Carolina wind farm became a go. Of course, critics say that wind turbines have negatives such as their capacity to slice apart birds and be an eyesore.

What’s better for humanity, however? Coal or even natural gas plants or ones that have no pollution, especially carbon, footprint?

Another interesting aspect of this story is how Amazon is getting involved. The retailing giant is becoming an electric renewable utility in its own right. It wants to have renewable power run the massive servers that it relies upon to do business. But instead of screwing around with hidebound, traditional utilities like Dominion that are often reluctant to warmly embrace renewable energy, Amazon is doing it itself.

Amazon is also putting in a 170 megawatt solar farm in Virginia’s Accomack County which has terrain similar that of Perquimans and Pasquotank Counties in North Carolina that will host the wind farm.

To be fair to Dominion, the utility has a legal responsibility to supply its customers with electricity on a 24/7 basis. It needs a diverse energy mix to be able to do that.

But one wonders why Dominion keeps pushing this bugaboo about wind. Its sister utilities have raised the same cry. That could be why wind represents only 5 per cent of the electrical mix in the U.S., even though there are wind farms in 36 states.

It’s different in other countries. Denmark gets 28 percent of its power from wind. Spain, Portugal and Ireland each get 16 percent from wind.

Isn’t it time for Dominion to get off the dime and do more with wind, rather than using its deep pockets to get paid-for Virginia politicians to do its bidding and change regulatory rules at its whim?