Category Archives: Property rights

The Perils of Gas Fracking

By Peter Galuszka

More media accounts are showing up now that 84,000 acres of lands south and east of Fredericksburg have been leased for possible hydraulic fracturing drilling for natural gas.

This Sunday’s Richmond Times-Dispatch published a map showing the leased area covering big swaths of land from the Fort A.P. Hill military area east across the Rappahanock River on  into the historic Northern Neck. These are some of the loveliest parts of the Old Dominion, featuring  sloping valleys, rich bottom lands and meandering creeks and rivers that are filled with wildlife, not to mention farms and homes.

The newspaper quoted Mike Ward, executive director of the Virginia Petroleum Council proclaiming fracking as being safe and that the construction activity to place wells only takes a few months. “It’s like a construction site,” Ward said. “As it’s being done, there is going to be truck traffic. There’s going to be noise. There’s going to be some dust in the air. There’s going to be mud around the area. But that’s short-lived.”

Really? To be a better idea, I started surfing YouTube to see what the local impact of constructing fracking wells is really like. I happened upon several films from rural Harrison County, W.Va., an area where I lived as a child from 1962 to 1969.

The videos show an area in western Harrison County near the college town of Salem in landscape surrounded by rolling hills and dairy farms. There has been coal mining in the area and natural gas has been around for decades, but fracking wells are something new.

The videos depict an ongoing nightmare for neighbors who have found their quiet, bucolic existence interrupted 24/7 by the roaring of diesel generators, huge floodlights, and many, many trucks. One woman says that the well site across her road starts up around 4 a.m. and she can’t get back to sleep so she’s constantly tired when she goes to work.

Water and construction trucks, many 18-wheelers, are a big problem. They sideswipe cars on rural, two-lane roads or block traffic for a half an hour after they get stuck trying to turn around. The heavy trucks crumble pavement on country roads. Some local ones have had to be repaved four times since drill site preparation began a couple of years ago when the fracking craze began.

It seems likely that areas near Fredericksburg and on the Northern Neck and Middle Peninsula will taste some of the same problems if fracking begins. The Taylorsville Basin in the area may hold 1 trillion cubic feet of gas.

Further questions abound about the company that’s putting together leases for the area. It is an obscure company called Shore Exploration & Production Co. with offices in Dallas and Bowling Green. The plan, company officials have said, is to put buy up gas leases and then flip them to a drilling company.

The company insists it won’t use a “watery” method of fracking but can’t seem to explain its supposed substitute which is to use some form of nitrogen. In West Virginia, wells can need up to five million gallons of water that must be trucked in. Does this mean that trucks carrying nitrogen will come in instead?

Answers seem to be as fleeting as the Shore company which has two full-time employees and has no annual report or website. It has never drilled a well itself, just exploratory ones. One official told a newspaper that having an annual report and website “would provide information to competitors.”

That statement alone should give tremendous pause. What happens if you live in the country of the Northern Neck and a gas well emerges next door? What happens if your life is disrupted by 24-hour diesel generators, lights and dozens of heavy trucks? What happens if the “flow-back” ponds that contain waste, including radioactive material and methane from the drilling area below, breach?

Eastern Virginia is not used to such challenges. As a former resident of West Virginia where such challenges are common, I know well what this kind of set-up can mean, especially in Virginia that has some gas wells in its southwestern tip but has little experience with fracking.

Fracking the Mother of Presidents

fracking rigBy Peter Galuszka

Controversial hydraulic fracking appears to becoming a distinct possibility in areas south and east of Fredericksburg on land that is famed for its bucolic and watery splendors along with being the birthplaces of such historical figures as George Washington, James Monroe and Robert E. Lee.

After several years of exploring and buying up 84,000 acres worth of leases from Carolina to Westmoreland Counties, a Dallas-based company that uses a post office box as its headquarters address participated in the first-ever public discussion of what its plans may be.

According to the Free-Lance Star, the meeting was put together by King George County Supervisor Rudy Brabo to air concerns and hear plans of Shore Exploration and Production Co., which is based in Dallas and has offices in Bowling Green. Its headquarters address is registered with the State Corporation Commission as P.O. Box 38101 in Dallas.

About 100 people attended the meeting April 14, but judging from the newspaper’s account, not many questions were answered. Participants repeatedly asked Shore CEO Ed DeJarnette what his plans were regarding fracking and who would be responsible for damages if something went wrong.

DeJarnette responded that his firm is merely buying up leases and is looking to sell them to other gas drillers and operators. The state’s Department of Mines, Minerals and Energy issues permits one at a time and is responsible for enforcing them, he said.

Hydraulic fracking and horizontal drilling have touched off a revolution in the American energy industry in recent years, particularly in the Marcellus Shale gas formations that stretch in the Appalachians from New York State to southwest Virginia. The methods have also been used to reach rich shale oil deposits in North Dakota and other western states.

Fracking has been used as a drilling process for years according to media accounts and authors such as Gregory Zuckerman whose recent book “The Frackers” covers the process’s increasingly widespread use in the past several years.

Among concerns are that the toxic chemicals mixed with water and then pumped hundreds of feet underground could eventually ruin groundwater serving streams and wells. Other concerns are that the inevitable “flowback” in drilling will require surface ponds to handle toxic waste. In places such as Pennsylvania and West Virginia where fracking is permitted, quiet country areas are badly disturbed by the roar of diesel generators at drilling sites and from trucks that are constantly delivering drilling supplies. Methane can leak from drilling rigs, further complicating global warming issues, and flash fires can be problems. Fracking can also consume great amounts of water which often has to be trucked in.

On the plus side, holders of mineral leases can receive great sums in royalties and various taxes and other payments can boost local tax coffers. Natural gas is cleaner and less deadly source of energy than coal, plays a big role in electricity power generation in the Mid-Atlantic.

At the King George meeting, DeJarnette told the audience that he preferred using nitrogen as an element in fracking rather than water, but there were few details in the newspaper story.

While providing scarce details on who would actually handle the drilling, how it would be done and who would be responsible for damages, DeJarnette repeatedly emphasized the monetary benefits and jobs fracking would bring.

If it proceeds, fracking in the Taylorsville Basin would likely be confined to Virginia, which is more business-friendly than Maryland where the basin also extends. The field stretches across the Potomac River into Charles, St. Mary’s, Calvert and Anne Arundel Counties but Maryland has a moratorium on fracking until it can be studied further.

DeJarnette says he wants drilling to start by late this year or in 2015. Major oil firms explored the Northern Neck area and found some evidence of oil and gas deposits there in the 1980s.

The Richmond Elite’s Bizarre Self Image

richmond-times-dispatchBy Peter Galuszka

If one wants to know one source of Richmond’s malaise, she or he need look no further than the pages of the Richmond Times Dispatch, the mouthpiece of the city’s elite. This is especially true when one reads this morning’s edition. The inadvertent revelations about the city and what is wrong with its leadership are stunning.

Some background. Last week, Style Weekly, an alternative newspaper in the city, published a hard-hitting cover story taking a ground-up view of just how awful and neglected the city’s school buildings and system are. The coverage is very much contrary to the image Richmond’s “leadership” wants to sell about the city.

As the schools are mismanaged and families are abused, the Richmond elite, and the RTD’s editors are pushing other pet projects such as building a new baseball stadium in historic Shockoe Bottom to replace a crumbling one elsewhere and a chamber of commerce trip to Tampa by 159 “leaders” to learn how another city works.

Full disclosure: I am a contributing editor at Style but had no input to the school story. I did file two blog postings about the schools story and received a number of highly insightful comments by readers. The basic problem, as several put it, is that  the schools are a mess is that the middle class has moved to the suburbs, the upper class sends its children to private schools and many of those left aren’t in a position to join the debate are have much influence. One out of every four people living in the city is poor.

The TD’s coverage today is a wonderful blueprint about exactly what is wrong with the elite’s thinking. Examples:

  • The front page features a catch-up story featuring short 125 word essays written by seven city council members and nine school board members. Three council members, Reva Trammell, Michelle R. Mosby and Cynthia Newbill – didn’t respond, perhaps wisely. The story states that judging from the responses, “momentum is building” for “substantive change.” The council, the school board and the mayor are working together. Mind you, this is not based on any real reporting—such as shoe leather in the school halls. Instead, one gets to read what the leadership responsible for the horrific problems thinks about them – sort of like interviewing the foxes after they raid the chicken coop. An added extra: the RTD claims it sent out its questionnaires before Style published its story, sort of like backdating stock options.
  • Flip to the “Commentary” section and a piece by John W. Martin, CEO and president of the “Southeastern Institute of Research in Richmond and frequent opinions contributor to the TD. His piece is basically an extended apology for proposing a new stadium in the middle of the blooded ground of the country’s second-largest slave market – standard stuff. Especially bizarre is the art. It is a cartoon drawing of what appears to be an interracial couple happily walking near what could be a combined slave memorial ballpark. The man is white, blond, wears a Richmond polo shirt and is flipping a baseball. His arm is around an African-American woman in sports togs and carrying designer shopping bags. In front is an apparently mixed-race child in a Flying Squirrels baseball cap happily holding out his glove to catch the ball from dad. The effect is downright creepy. It insults the intelligence of the readers and hits a very sensitive raw nerve, given Richmond’s sad history of race relations and the TD’s historic support of segregation five decades ago when it really mattered.
  • Let’s move to the Op-ed page where there is piece by Nancy Bagranoff, dean of the University of Richmond business school and upcoming chair of the Greater Richmond Chamber of Commerce. She was part of the chamber’s trip to Tampa to “learn” how they do it (while Richmond’s school buildings crumble). Her important takeaways seem to be that Tampa puts lights on its bridges, that it is a big port city, the region has distinctive personalities and that there are some universities there. Her conclusion: “I fell love with Tampa during out visit, but “I’m still married to Richmond.” Now that is extremely helpful.
  • Lastly, there is an impenetrable story by TD publisher Thomas A. Silvestri about several fictitious people discussing Tampa. Unsure of the point, I read the endline bio of Silvestri. It says he used to head the chamber and did not go on the Tampa trip because he’s been there before.

So, there you have it folks. Instead of real reporting, you have Richmond’s elite, some of whom are responsible for the problems, interviewing themselves. And that is a big reason why the city is in such a huge mess.

The Koch’s Bizarre Meddling in Chesterfield

koch brothersBy Peter Galuszka

The Koch brothers are back in the bucolic suburban tracts of Chesterfield County.

This time, their national group, Americans for Prosperity, has launched a robocall campaign to oppose a proposed real estate tax hike of 4.6 cents to help pay for $304 million renovations to schools or perhaps hire more teachers to bring classroom sizes back to pre-recession levels.

It’s apparently the second time that Americans for Prosperity have been on their case in Chesterfield. Last year, the hard-right group sent out bizarre “report cards” to ordinary citizens bashing them for not registering to vote.

In one famous local case, a recipient was actually a registered and active voter and greatly resented the idea that a multi-million dollar national outfit like the Americans for Prosperity was trying to monitor his personal business.

This time, Sean Lansing, the group’s Virginia director told the Richmond Times-Dispatch, the goal is to “educate” residents on the issues, as if they are too stupid to understand local tax and classroom size problems that they probably know far better than some AEP appartchiki.

Chesterfield has caught itself in a bind because it hasn’t raised real estate taxes since 1990 despite its brisk growth rate. Voters in November voted down a 2 percent meals tax that could have raised money for schools. Henrico County voters, by contrast, narrowly approved a 4 percent meals tax and thus have no budget crisis that another tax hike is needed to resolve.

Admittedly, one of Chesterfield’s problems is bad planning. The staunchly Republican county has a long history of being very friendly to developers. Consequently, the county is in a constant service “catch up” mode. Need schools, such as Cosby High near some of the county’s largest residential developments, was already way overcrowded before it was finished a few years ago.

What is puzzling is what the Koch brothers are so interested in Chesterfield. It is hardly an election battleground. There is no strong Democratic or other opposing party. Yet with consummate arrogance, this cabal believes that residents need robocalls to “educate” them.

“Educate” them for what? If you want good schools and other services, someone has to pay for them. And as a Chesterfield resident for nearly 14 years, I can attest that taxes here are considerably lower than other places I have lived as an adult (Washington, New York, Chicago, suburban Cleveland, etc.).

The Terrible Link Between Income and Longevity

RAM in Wise County

RAM in Wise County

By Peter Galuszka

Call it a tale of two Virginias.

One is rich with military retirees, ample benefits and gated communities. The other is remote, poor and polluted, where the life expectancy for men is merely 64 years.

The former is Fairfax County at the heart of NOVA, Virginia’s economic engine, the land of federal largesse. The other is 350 miles away in McDowell County, in the coal belt of southern West Virginia just a stone’s throw from the Old Dominion border.

In one of the best and most glaring reporting of income disparity in this country, Annie Lowery of The New York Times lays out the stunning contrasts in two very different places maybe a six-hour car ride distant. The nut of her report is that higher income means longer lives thanks to better access to decent food, retirement benefits and medical care.

In Fairfax County, men live to be 82 and women 85. In McDowell County, men (as noted) live to 64 and women to 73. Even more astonishing is that this is happening in 21st century America, the supposed land of plenty. If ever there were a call to do something about health care, this is it.

Think what you will about the Affordable Care Act, the prior system of managed care with Big Insurance calling the shots just isn’t working. One also wonders, in the case of McDowell, where Medicaid and Medicare are. Where are the benefits from the coal companies that used to dominate employment in the area?

This hits home for me because I grew up partially in West Virginia when my father, a Navy doctor, decided to retire and go into practice there. I also traveled about researching a recent book on the coal industry. I spent a lot of time in Mingo County, the next one over from McDowell. I drove plenty of times through the small town of Williamson, a major rail marshaling yard, and was struck by how many elderly people I saw pacing slowly with oxygen tanks strapped to their aluminum walkers. Coal-related black lung? Too many cigarettes? Breathing air dirty from coal trains and trucks  and strip mines? Over in Fairfax, people of a similar age are more likely to be in a warm swimming pool at an aquatic aerobics class.

Back in the Appalachians, one morning my photographer Scott Elmquist and I were traveling from Kentucky back into Mingo County and I happened to see a Remote Area Medical free clinic at a high school in Pikesville. We turned in and found more than 1,000 people thronging the gymnasium floor waiting for doctors or for their turns at the more than seven dozen dental chairs for free care they couldn’t otherwise afford. Some I spoke with had been waiting there since 1:30 that morning. RAM runs a circuit that includes Wise County in Virginia, also in coal country.

So how did these people slip through the cracks? The Times notes that in McDowell, there aren’t any organic food stores or Whole Foods. The place in inundated with fast food and convenience stores that sell ready-to-go hot dogs, energy drinks and salty chips.

Another reason is the connection with the coal industry which has been so lucrative over the years that it should have provided plenty for the elderly. Instead, as coal seams play out and natural gas usurps coal’s role in electricity generation, coal firms are setting up to skedaddle. One is Patriot Coal, an offshoot of St. Louis giant Peabody, that took over its Appalachian interests so the mother firm could concentrate on richer areas in the U.S. West and Asia. Patriot was set up to fail and perhaps take retirement benefits with it. It’s an obvious scam. You spin something off to get some distance between you and having to pay pensions and health benefits.

Another factor is what they are doing with the local environment. Mountaintop removal is a powerful instrument in places around McDowell. At the blog Blue Virginia, they ran an intriguing map showing just how this highly destructive form of mining that rips up thousands of acres overlays with high poverty areas. Out of sight out of mind. It’s a shame how many in the green movement are forgetting the horrors of mountaintop to beat up on fracking which may be closer to home for them. Continue reading

McDonnell’s U.S. 460 Debacle

va_route_460_improvementsBy Peter Galuszka

Towards the end of his term, former Gov. Robert F. McDonnell and his transportation chief, Sean Connaughton, bulldozed through a dubious project that would build a superhighway from Suffolk to Petersburg along the path of old U.S. 460 in southeastern Virginia.

Few understood the urgency of such a project, which involved a public private partnership that Virginia so loves. Mayors in Tidewater cities questioned it. Some scratched their heads as to why it was rolling forward without environmental permits.

Well, now it has come to a screeching halt. Some $300 million has been spent on the 55-mile-long road that will cost a total of $1.4 billion. Not on shovel of earth has been turned. The new administration of Gov. Terry McAuliffe has pulled the plug on it for now.

US 460 Mobility, the PPP3 type firm pushed by McDonnell to proceed with the fast-track plan, did not return phone calls to the Richmond Times-Dispatch after Transportation Secretary Aubrey L. Layne Jr. announced the temporary halt.

At issue are permits from the U.S. Army Corps of Engineers and other issues. Normally, such matters are dealt with before the state commits to a road. This apparently fell by the wayside because of the public-private partnership deal, Layne said.

How odd is that? Why did the McDonnell administration zoom forward with such a deal?

He certainly laid the public relations groundwork for it. I wrote a story about a year ago in Style Weekly noting that Chmura Economics & Analytics, a Richmond forecasting firm hired by the state, “predicted a massive boost in jobs and investment: $7.3 billion in economic impact through 2020. Besides 4,295 temporary construction jobs, the project would support 14,120 other new jobs. These include 4,730 jobs in Hampton Roads linked to greater port activity and 689 jobs at the 40 service business — at least four for each of the highway’s nine interchanges — that would accompany the new thoroughfare.

“The bulk of the remaining jobs — 8,415, more than half of the predicted number — could come from advanced manufacturing or automotive factories that might locate at industrial “megasites” in Isle of Wight and Sussex counties.”

But when I looked at where and how these jobs might be created, the numbers started to slide. It was all very murky and much in the future.

Connaughton tried to sell the project by saying the new superhighway was needed to handle extra truck traffic hauling ocean-going containers that would swamp the Port of Hampton Roads as the Panama Canal was expanded. He also said that Tidewater needed a second evacuation route if a monster hurricane loomed.

Del. S. Chris Jones, a Suffolk Republican, says he’s very concerned about how this all happened. He says he wants to “figure out how this could happen, who was responsible for the contract and what we do going forward.” The next forum comes April 23 when Layne and VDOT Chief Charles Kilpatrick brief the House Appropriations Committee which is headed by Jones.

The big takeaway here is how the state and its business elites rush forward with Public Private Partnership road projects as a way to fast track and sidestep financial and impact problems. There’s been a tremendous amount of cheerleading about PPP on this blog. It is time to settle down, take a deep breath and reconsider.

In other words, you can’t have your cake and eat it too.

Coal Giant Alpha Pays Biggest Water Fine Ever

MTRBy Peter Galuszka

Alpha Natural Resources of Bristol, the coal giant that took over troubled Massey Energy of Richmond in 2011, has the dubious honor paying the highest fines ever of $27.5 million for water pollution violations at its coal mining operations in five Appalachian states, including Virginia.

Massey Energy, the owner of the Upper Big Branch mine in West Virginia where an explosion killed 29 miners in the worst such disaster in the U.S. in 40 years, held the previous water pollution fine record of $20 million issued in 2008.

The Environmental Protection Agency says that from 2006 to 2013, Alpha and its subsidiaries violated water pollution permits 6,000 times and allowed toxic materials such as heavy metals into streams and the watersheds of Tennessee, West Virginia, Kentucky and Pennsylvania besides Virginia. The firm will also pay $200 million to reduce such toxic discharges.

The settlement comes after a pair of unrelated water pollution situations involving coal in West Virginia and North Carolina. Some 300,000 residents of the Charleston area went without drinking water for several days when a toxic chemical used to treat coal leaked into a river. Duke Energy faces fines in North Carolina for improperly maintaining its coal ash storage facilities, leading to a substantial spill into the Dan River which provides drinking water for Danville and eventually, Virginia Beach.

Alpha has touted its “Running Right” safety and management program as it absorbed Massey Energy and its rich coal reserves in a $7 billion deal. Alpha said it was retraining Massey workers who had suffered from Massey’s abusive corporate culture that cut corners on mine safety and environmental control, regulators say.

Alpha had agreed to pay $200 million in a deal with the U.S. Attorney’s Office of Southern West Virginia to cover violations from the Upper Big Branch which it bought and closed after acquiring Massey. Alpha later settled a number of shareholder lawsuits for $265 million. Some of the payout funding had factored into funds set up by Massey before the acquisition by Alpha.

Like most Appalachian coal producers, Alpha has been taking hits with soft markets for steam and metallurgical coal. Its 2013 revenues were $5 billion compared with $7 billion the year before.

Environmentalists say that Alpha’s fine does not address the massive ecological destruction of mountaintop removal strip mining which they say should be stopped at the permit stage. Alpha operates a number of such mines.

The latest fines involve 79 active coal mines and 25 coal processing plants.

Federal investigators are still probing Massey for violations of safety laws related to the operation of Upper Big Branch where the explosion occurred April 5, 2010 and other mines. So far, three former employees have been convicted and Massey’s former CEO Don Blankenship is said to be a target of the probe. There is also a suggestion that Alpha is cooperating with federal investigators in the investigation.

A Distracting Doctrine

agenda21Instead of fixating on the United Nation’s Agenda 21 as a threat to American liberties, conservatives should articulate fiscally responsible, market-driven policies to address the very real challenges facing local governments in the United States.

by James A. Bacon

The anti-Agenda 21 movement, which views the United Nations as the prime mover behind local sustainability initiatives, is a growing force in many states and local governments across the United States. While anti-Agenda 21 theorists share some of the same language and principles as mainstream conservatives, they have little meaningful to contribute to the debate over environmental, transportation, land-use and property-rights issues. Their ill-documented conspiracy talk distracts from the kind of discussions that conservatives should be having. To govern effectively, conservative elected officials need to re-frame the debate over growth and development in a way that is forward-looking, grounded in hard facts and in line with conservative values.

The Anti-Agenda 21 Movement

Over the past few years, the anti-Agenda 21 cause has emerged from obscurity into a force capable of pushing resolutions through state legislatures. The movement is populist and decentralized — many adherents are ordinary citizens whose passions have been inflamed in local land-use disputes — although it does have the backing of the John Birch Society and talk show personality Glen Beck. In some states, Anti-Agenda 21 partisans have leveraged their influence by co-opting local Tea Parties and other groups sympathetic to property rights and limited government. Sometimes they find a sympathetic ear among conservative elected officials. But they also use aggressive means – packing public meetings, singling out politicians for vocal criticism – to intimidate local officials with more moderate views into going along.

Activists disseminate their views by means of speeches, books, websites, fliers, YouTube videos and social media. There is no definitive source for the anti-Agenda 21 movement. Most writing is impressionistic and scattershot. However, several themes do appear repeatedly in the literature.

(1) The Agenda 21 agreement adopted at the 1992 United Nations conference in Rio de Janeiro is the fountainhead of the global sustainability movement. The document provides a comprehensive plan for achieving “environmental sustainability” and “social justice” at the expense of property rights and individual liberties.

(2) Agenda 21 provides a blueprint for a radical restructuring of the American way of life. Social-engineering goals include returning much of North America back to a wild and natural state, herding Americans into dense urban centers, replacing single family dwellings with multifamily housing and phasing out the automobile in favor of bicycles and mass transit.

To read the full white paper, click here.

Dominion Benefits As Renewables Struggle

North Anna PixBy Peter Galuszka

Dominion Virginia Power, as is its style, has achieved a quiet but far-reaching regulatory victory. The General Assembly has passed a complicated bill that would help Dominion write off costs for a new nuclear reactor while avoiding giving potential refunds or rate cuts to customers.

The bill, which easily sailed through the legislature, has drawn attention to whether the utility really will build a third nuclear unit at North Anna and why bills to help smaller players trying to create renewable sources of energy seem to get nowhere in Virginia.

Dominion will be allowed to deduct $400 million from its profits in a scheme that allows it to count as costs the nuclear research it does. This will likely help it avoid paying rebates to consumers the next time the State Corporation Commission considers its rates.

There are several curiosities with the scheme. For one, although Dominion filed early plans for a third reactor about a decade ago, the project hasn’t seemed to move very far. The disaster at the Fukushima plant in Japan in 2011 forced a rethink of how the U.S. plans its new reactors. Another problem is that North Anna suffered a major setback later in 2011 when an earthquake forced a shutdown at that station and pushed reactors past their design limits.

The danger is hardly news but may be largely forgotten. In the 1970s, Virginia Electric & Power Co., Dominion’s predecessor, was fined by federal regulators for knowing and lying about some aspects of a geological fault line that runs under the North Anna area when it planned the nuclear power station in the 1960s.

I have visited North Anna in recent years and have asked Dominion about how they plan to pay for a third reactor. Some estimate it may cost about $10 billion. Many reactors on the drawing boards can’t be built without federal loan guarantees. Dominion has said it won’t need such guarantees.

Last month, the Department of Energy announced that the federal government will provide $6.5 billion in federal loan guarantees for two new reactors planned by the Southern Company in Vogtle, Ga. They are the first in such government backing.

A big question is how far along is the third unit at North Anna and why the General Assembly felt comfortable about making such beneficial moves if there’s any question about it.

Meanwhile, Bill Sizemore at The Virginian-Pilot has an intriguing story about how Dominion, which gave $1 million to Virginia politicians last year, has little trouble with its laws while smaller fry in the renewable energy sector struggle.

They have failed at getting the General Assembly to push tax credits to help install solar, wind and other, non-fossil and non-nuclear forms of power. Originally, the proposal called for $100 million in tax credits a year but that was pared down to $10 million and then was put off for consideration next year.

Virginia has voluntary Renewable Portfolio Standards calling for a percentage of new power generation to come from renewable sources. The approach favors large utilities such as Dominion and Appalachian Power. Neighboring states North Carolina and Maryland have mandatory standards and that may be one reason why Virginia has only 5 percent of North Carolina’s solar power capacity.

Dominion points out that it has renewable projects such as solar powered panels at a university and has plans for offshore wind, but these efforts are relatively modest.

One irony with the current situation involving renewables is that conservatives argue that their promoters must meet strict free market tests. If solar and wind and other sources can expand, they need to make it without government help based on their ability to innovate and market salable products. But the traditional, large utilities have no trouble getting billions in government help in federal loan guarantees or in rate write offs that Dominion will enjoy.

So, it seems the fix is in for traditional power in Virginia. That was certainly the case with former Gov. Robert F. McDonnell who wanted to make Virginia “the energy capital of the East Coast.” He strongly backed offshore drilling. Incoming Gov. Terry McAuliffe had been suspicious of offshore drilling in 2009 when he first ran for governor but has since changed his position to the consternation of environmentalists.

“We’re really disappointed but not surprised,” says Glen Besa, head of the Sierra Club’s Virginia chapter.

Tar Heel Grief Just Down the Road

By Peter Galuszka

It’s sad to see mccrorytwo states to which I have personal ties – North Carolina and West Virginia — in such bad ways.

The latest raw news comes from the Tar Heel state where we are seeing the handiwork of hard-right- Gov. Pat McCrory who has been on a tear for a year now bashing civil rights here, pulling back from regulation there.

The big news is Duke Energy’s spill of coal ash and contaminated water near Eden into the Dan River, which supplies Danville and potentially Virginia Beach with drinking water. Reports are creeping out that the McCrory regime has been pressuring the N.C. Department of Environment and Natural Resources (DENR) to pull back from regulation.

According to Rachel Maddow, DENR officials had stepped in with environmentalists as plaintiffs on two occasions in lawsuits to get Duke Energy to clean up coal ash. But when a third suit was filed, McCrory, a former Charlotte Mayor and career Duke Energy employee, influenced a third lawsuit settlement against Duke to be delayed.

Also, not long before the Eden spill, the City of Burlington released sewage into the Haw River which flows into Lake Jordan serving drinking water to Cary, Apex and Pittsboro. DENR allegedly did not release news of the spill to the public.

Late last year, Amy Adams, a senior DENR official, resigned to protest the massive cuts McCrory and Republican legislators were forcing at her department, notably in its water quality section.

McCrory’s been on a Ken Cuccinelli-style rip in other ways such as cutting back on unemployment benefits in a top manufacturing state badly hit by the recession and globalization. He’s shut down abortion clinics by suddenly raising the sanitation rules to hospital levels, much like former Gov. Robert F. McDonnell did in Virginia.

A reaction to McCrory is building, however. Recently, I chatted with Jason Thigpen who served in the Army and was wounded in Iraq in 2009. When Thigpen returned to his home in southeastern North Carolina, he was upset that the state was sticking it to vets by making them pay out-of-state college tuition in cases where some had been state residents before deploying. So, he started an activist group to protect them.

Next, Thigpen decided to run for Congress. His views fit more neatly with the Republican Party but he simply could not take what McCrory was doing in Raleigh so he became a Democrat and is a contender in a primary this spring.

Why the switch? “I just couldn’t see what the GOP was doing with my state in Raleigh,” He told me. “Also, I didn’t like what they were doing with women. I had served with women in war and they come back to North Carolina and they are treated like second class citizens,” he said.

West Virginia, meanwhile, is still struggling with its drinking water issues from a spill near Charleston. Although drinking water for 300,000 is said to be potable, children are reporting rashes.

Somehow, this conjures up another story involving a Republican governor – Arch Moore.

Back in 1972, Moore was governor when Pittston, a Virginia-based energy firm, had badly sited and built some damns to hold coal waste. After torrential rains, the dams burst and a sea of filthy water raced down the hollows, inundating small villages and killing 125 people. The state wanted a $100 million settlement from Pittston for the Buffalo Creek disaster, but Moore interceded and they settled for a measly $1 million.

Moore was later convicted of five felonies after he was caught extorting $573,000 from a coal company that wanted to reduce its payments to a state fund that compensated miners who got black lung disease.

Does anyone see a pattern yet?

Meanwhile, we in Virginia should breathe a sigh of relief considering just close it was dodging the bullet last election.