July, 08 2009, 03:35pm EDT
For Immediate Release
Contact:
Gerrit Jöbsis, American Rivers, 803-771-7114
Caitlin Jennings, American Rivers, 202-243-7023
Hearing Tomorrow on State Water Permit for Catawba-Wateree Dams
American Rivers Granted Hearing on Appeal
COLUMBIA, S.C.
A hearing will be held tomorrow to address the concerns of American Rivers and the Coastal Conservation League over a recent water quality permit issued by the South Carolina's Department of Health and Environmental Control (DHEC). The groups said last month that DHEC isn't doing enough to protect the health of the Catawba and Wateree rivers at five dams operated by Duke Energy. The state permit carries mandatory conditions for a new 30-50 year operating license sought by Duke Energy for its Catawba-Wateree Hydroelectric Project. The project consists of 11 dams in North and South Carolina and affects 300 miles of river.
"DHEC hasn't provided the citizens of South Carolina with reasonable assurance that Duke's dams will provide necessary water flows for fish and wildlife, and a healthy river." says Gerrit Jobsis, regional director for American Rivers. "South Carolina must be assured protection for the clean water and economic benefits that a healthy river provides."
The DHEC water quality permit appears to be in conflict with actions by South Carolina Attorney General Henry McMaster, who will be testifying at tomorrow's hearing. McMaster has petitioned the U.S. Supreme Court to equitably allocate water in the Catawba River between North Carolina and South Carolina. Under DHEC's permit, South Carolina would only be assured of approximately 25% of the water flowing from North Carolina.
The state permit also falls short in protecting shortnose sturgeon, a federally endangered fish in the Wateree River. The National Marine Fisheries Service, the federal agency charged with protecting sturgeon under the Endangered Species Act, recommended minimum water flows released from the Wateree Dam to protect sturgeon spawning to be up to 40% greater than the flows DHEC requires in the state permit. DHEC did not consult with the National Marine Fisheries Service when reviewing Duke's permit application.
The permit also allows for less flowing water than needed for 32 miles of the Catawba River near Rock Hill if Duke Energy provides a million dollars for future studies and protects lands along a 5.5 mile corridor of the river.
"The Catawba River and its fish and wildlife will be robbed of their future wellbeing if this deal is allowed," Jobsis emphasized. "No amount of land or money can make up for the loss of water on which fish depend."
The SC Board of Health and Environmental Control will hold the hearing on Thursday July 9, 2009 at 10:00 AM in the Board Room (3420), SC Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC 29201.
American Rivers is the only national organization standing up for healthy rivers so our communities can thrive. Through national advocacy, innovative solutions and our growing network of strategic partners, we protect and promote our rivers as valuable assets that are vital to our health, safety and quality of life. Founded in 1973, American Rivers has more than 65,000 members and supporters nationwide, with offices in Washington, DC and the Mid-Atlantic, Northeast, Midwest, Southeast, California and Northwest regions.
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Supreme Court Urged to 'Rule Quickly' After Trump Immunity Arguments
"It'd be a travesty for justices to delay matters further," said one legal expert.
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After about three hours of oral arguments Thursday on former President Donald Trump's immunity claims, legal experts and democracy defenders urged the U.S. Supreme Court to rule swiftly, with just over six months until the November election.
Trump—the presumptive Republican candidate to challenge Democratic President Joe Biden, despite his 88 felony charges in four ongoing criminal cases—is arguing that presidential immunity should protect him from federal charges for trying to overturn his 2020 loss to Biden, which culminated in the January 6, 2021 insurrection at the U.S. Capitol.
Justices across the ideological spectrum didn't seem inclined to support Trump's broad immunity claims—which critics have said "reflect a misreading of constitutional text and history as well as this court's precedent." However, Citizens for Responsibility and Ethics in Washington (CREW) shared examples of what it would mean if they did.
"Trump could sell pardons, ambassadorships, and other official benefits to his wealthy donors, members of his clubs, or cronies who helped him commit other crimes," CREW warned. "Trump could sell nuclear codes and government secrets to help pay back crippling debts."
"But this isn't just about what Donald Trump could do. It's really about how total immunity for the president would threaten our democratic system of checks and balances," the group continued. "The president could order the military to assassinate activists, political opponents, members of Congress, or even Supreme Court justices, so long as he claimed it related to some official act."
After warning that a president could also order the occupation or closure of the Capitol or high court to prevent actions against him, CREW concluded that "the Supreme Court never should have taken this appeal up in the first place. They should rule quickly and shut these ludicrous claims down for good."
The organization was far from alone in demanding a quick decision from the nation's highest court.
"In the name of accountability, the court must not delay its decision," the Brennan Center for Justice said Thursday evening. "The Supreme Court's time is up. It needs to let the prosecution move forward. The court decided Bush v. Gore in three days—it should act with similar alacrity in deciding Trump v. U.S."
In Bush v. Gore, the case that decided the 2000 election, the high court issued a related stay on December 9, heard oral arguments on December 11, and issued a final decision on December 12.
On Thursday, the arguments "got away from the central question: Is a former president immune from criminal prosecution if he tried to overthrow a presidential election, using private means and the power of his office to do so?" the Brennan Center noted. "The answer is simple: No."
"It is not an 'official act' to try to overthrow the peaceful transfer of power or the Constitution, even if you conspire with other government officials to do it or use the Oval Office phone," the center said. "Trump's attorney was pushing the court to come up with a sea change in the law. That's unnecessary and a delay tactic that will hurt the pursuit of justice in this case."
In a departure from previous claims, Trump's attorney, D. John Sauer, "appeared to agree with Special Counsel Jack Smith, who is leading the prosecution, that there are some allegations in the indictment that do not involve 'official acts' of the president," NBC Newsreported, noting questions from liberal Justice Elena Kagan and conservative Justice Amy Coney Barrett, a Trump appointee.
Barrett summarized various allegations from the indictment and in three cases—involving dishonest election claims, false allegations of fraud, and fake electors—Sauer conceded that Trump's alleged conduct sounded private, suggesting that a more narrow case against the ex-president that excluded any potential official acts could proceed.
Due to Trump attorney's concessions in Supreme Court oral argument, there's now a very clear path for DOJ's case to go forward.\n\nIt'd be a travesty for Justices to delay matters further.\n\nJustice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.\u2b07\ufe0f— (@)
According to NBC:
Matthew Seligman, a lawyer and a fellow at the Constitutional Law Center at Stanford Law School who filed a brief backing prosecutors, said Sauer's concessions highlight that Trump is "not immune for the vast majority of the conduct alleged in the indictment."
Ultimately, he said, the case will go to trial "absent some external intervention—like Trump ordering [the Justice Department] to drop the charges" after having won the election.
At the same time, Sauer's backtracking might have little consequence from an electoral perspective. Further delay in a trial, which Sauer is close to achieving, is a form of victory in itself.
Slate's Mark Joseph Stern pointed out that when Barrett similarly questioned Michael Dreeben, the U.S. Department of Justice lawyer arguing the case for Smith, it seemed like they "were trying to work out some compromise wherein the trial court could distinguish between official and unofficial acts, then instruct the jury not to impose criminal liability on the former."
"It was fascinating to watch Barrett nodding along as Dreeben pitched a compromise that would largely preserve Smith's January 6 prosecution but limit what the jury could hear, or at least consider," Stern added. "That, though, would take months to suss out in the trial court. More delays!"
Stern and other experts signaled that the decision likely comes down to Barrett and Chief Justice John Roberts, with the three liberals seemingly supporting the prosecution of Trump and the other four conservatives suggesting it is unconstitutional.
People for the American Way president Svante Myrick said in a statement that "today's argument brought both good and bad news. It was chilling to hear Donald Trump's lawyer say that staging a military coup could be considered part of a president's official duties."
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Stop the Money Pipeline co-director Alec Connon said: "To have any chance of reigning in the climate crisis, we must stop investing in fossil fuel expansion. Yet, Citibank is pumping billions of dollars into new coal, oil, and gas projects."
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