INTERVIEW REGULATORY REFORM OPINION & COMMENTARY Chief Justice Mark Martin talks Craft breweries make High Point “Raise the Age” with Kari Travis constitutional swinging at challenge to beer wild pitches distribution in misguided laws stadium plan PAGE 18 PAGE 10 PAGE 14 A MONTHLY JOURNAL OF NEWS, ANALYSIS, AND OPINION FROM THE JOHN LOCKE FOUNDATION VOL. 26 • NO. 6 JUNE 2017 STATEWIDE EDITION CAROLINAJOURNAL CAROLINAJOURNAL.COM Residents worry about solar’s environmental impact SOLAR ENERGY N.C. State General Assembly attempts to require soil scientist commercial solar says solar plants to clean up plants may spent panels threaten farm ecosystem BY DAN WAY DAN WAY r. Ron Heiniger isn’t ASSOCIATE EDITOR afraid to get his hands dirty. He has spent years as a crop and soil sci- ulie Morgan saw the envi- Dentist helping hard-pressed ronmental hazard in her farmers to get maximum Moore County hometown yield and quality from their Jby yesteryear’s textile mill crops. The N.C. State Coop- technology, and she saw erative Extension Service the industrial materials that professor says it’s his calling supported it. in life. She hopes the contami- These days Heiniger, who nated remnants of the crum- works at the Vernon G. James bled Robbins Silk Mill lead to Research and Extension Cen- preventive studies on what ter in Plymouth, worries that advocates hail as an industry solar installations gobbling of tomorrow — the solar in- up prime farmland could stallation boom. do more to destabilize and North Carolina now ranks WAY DAN BY PHOTO CJ diminish the agricultural The former Robbins textile mill where U.S. Sen. John Edwards worked as a teenager is now an asbestos-laden brownfield. Town behind only California for in- ocials want to put new solar installations there, but residents wonder if those plants will cause environmental problems, too. economy of North Carolina stalled solar electric capacity. than any naturally occurring Like others, Morgan wor- threat that he deals with. ries whether sufficient re- you want to with it,” Morgan “What is your decommis- Asbestos and chemicals tection Agency grants. “We really don’t recog- search has been done on said. “But I think you have to sioning plan? If this company contaminate the mounds of State Rep. Chris Millis, nize how fragile our agricul- possible harmful materials, be mindful of what its long- bellies up, who is responsible debris from what was once R-Pender, and Rep. Jim- ture system is. Today it’s un- substances, and impacts — term effect is going to be.” financially?” she said. a sprawling industrial plant my Dixon, R-Duplin, share der stress,” mostly from low known or yet to be learned Morgan has opposed two Morgan doesn’t want to built in 1924. Other haz- Morgan’s concerns over the prices, and to some degree — on the land and water. She Cypress Creek Renewables see the town suffer a similar ardous materials might be dearth of research about po- due to young people aban- decries the lack of state regu- solar plants — one already blow as when the iconic tex- present inside the security tential hazards from solar doning the farming life of lations to govern decommis- built just outside of Robbins’ tile mill, where former U.S. fence as well. The site is now installations coating 37,000 their fathers, Heiniger said. sioning of the facilities and town limits, and another ap- Sen. John Edwards worked as the subject of a brownfields acres of North Carolina. Utility-scale solar energy the safe disposal of the solar proved in its extraterritorial a high school student — and cleanup by crews in dou- Dixon introduced House facilities are increasing the panels after they wear out. jurisdiction district in Jan- later announced his run for ble-lined protective suits. Bill 319 authorizing a state pressure on farming by tak- “I’m not a tree hugger. uary — on environmental the presidency — burned to Their contract is paid with continued PAGE 12 continued PAGE 13 It’s your land. You do what safeguard grounds. the ground in 2008. federal Environmental Pro- New look for CAROLINA JOURNAL 200 W. MORGAN STREET, #200 Carolina Journal RALEIGH, NC 27601 Fresh new design will tell CJ ONLINE PERMIT NO. 302 NO. PERMIT stories using more photos, DURHAM, NC DURHAM, jlf.carolina.journal graphics, and links to PAID @carolinajournal U.S. POSTAGE U.S. online resources. NONPROFIT ORG. NONPROFIT PAGE 20 www.carolinajournal.com [email protected] 2 CAROLINA JOURNAL // JUNE 2017 QUICK TAKES AT LEAST HE General Assembly overrides Cooper’s veto of hog-waste bill DIDN’T SAY … REP. DAVID LEWIS THE STATE SENATE , R-Harnett, voted 30-18 added some extra levity to the on May 11 to override Gov. Roy General Assembly’s May 3 joint Cooper’s veto of House Bill 467, session congratulating the UNC killing a measure to limit damag- men’s basketball team, winners of es property owners can receive this year’s NCAA championship. if they win nuisance lawsuits During celebratory discussion against nearby hog farms or other EDITORINCHIEF of the joint resolution acknowl- agricultural or forestry operations. Rick Henderson edging the team ewis filed an The previous day, the House voted @deregulator amendment requiring under- 74-40 to override. classmen Theo Pinson and Tony The bill passed in April. It MANAGING EDITOR Bradley to remain in school for capped the amount of compensa- John Trump another year and not enter the tory damages in those lawsuits @jtrump21 NBA draft. (Pinson later removed at the fair market value of the EXECUTIVE EDITOR his name from NBA consider- property harmed by the nuisance. Don Carrington ation.) The original measure would have [email protected] Channeling the folksy style of allowed that cap to apply in a head coach Roy Williams, to peals current lawsuit involving several ASSOCIATE EDITORS of laughter ewis rose to offer hundred laintiffs suing a subsidi- Mitch Kokai a “dadgum amendment” to the ary of mithfield oods the worlds AT THE TROUGH. Bill caps future lawsuits. @mitchkokai resolution. largest pork producer, and several Lindsay Marchello House Speaker Tim Moore, other farmers. @LynnMarch007 R-Cleveland, declared the amend- After a contentious debate affect roerty owners who lied in his veto message. Kari Travis ment out of order. on the ouse oor the bill was near hog farms, along with the “Special protection for one @karilynntravis ortunately for those attend- amended so that it would apply narrow focus of the bill, which industry opens the door to weak- Dan Way ing the session, Lewis didn’t de- only to future lawsuits and not the limits damages farmers but not ening our nuisance laws in other @danway_carolina scribe his amendment with some mithfield matter. other business operators must pay areas which can allow real harm of the more colorful language Several House members wor- in some tort lawsuits. to homeowners, the environment, DESIGNER Coach Williams is known to use. ried about the way the cap would Cooper echoed those concerns and everyday North Carolinians.” Greg de Deugd [email protected] PUBLISHED BY Supreme Court arms ruling throwing out N.C. congressional districts, splits on details The John Locke Foundation 200 W. Morgan St., # 200 Raleigh, N.C. 27601 he U.S. Supreme Court has “A precedent of this Court (919) 828-3876 • Fax: 821-5117 affirmed a lowercourt ruling should not be treated like a dispos- www.JohnLocke.org throwing out congressional able household item—say, a paper district maps North Carolina used plate or napkin— to be used once Kory Swanson for the 2012 and 2014 elections. and then tossed in the trash,” Alito President & Publisher T The lower court cited racial gerry- writes. “But that is what the Court John Hood mandering. Justices split, 5-3, on does today in its decision regard- Chairman whether the ruling should apply ing North Carolina’s 12th Congres- to both of the state’s majority-mi- sional District: The Court junks a Bill Graham, John M. Hood nority congressional districts. rule adopted in a prior, remarkably Ted Hicks, Christine Mele New Justice Neil Gorsuch took similar challenge to this very same Brad Muller, Paul Slobodian no part in the case. congressional district.” David Stover, J.M Bryan Taylor The ruling does not impact “The alternative-map require- Edwin Thomas the 2016 elections. North Carolina ment deserves better,” Alito add- Board of Directors conducted those elections under ed. “It is a logical response to the new maps drawn to comply with difficult roblem of distinguishing Carolina Journal is a monthly journal the original ebruary ruling between racial and political mo- of news, analysis, and commentary from a three-judge panel. The 2016 SUPREME COURT. Justice Elena Kagan writes majority opinion tivations when race and political on state and local government and public policy issues in North Carolina. maps face their own legal chal- party preference closely correlate.” lenge. ederal judges are sched- also rejected the legislators’ argu- Justice Clarence Thomas joined Even without an alternative ©2017 by The John Locke Foundation uled to hear arguments in that ment that the 12th District’s de- in the majority opinion and wrote map, Alito and the other two dis- Inc. All opinions expressed in bylined articles are those of the authors and challenge. sign was based on political, rather a separate concurrence. Thomas senters disagreed with their col- do not necessarily reflect the views At issue in Cooper v. Harris, the than racial, factors. noted that, in his view, Kagan’s leagues about the 12th District. of the editors of CJ or the sta and case before the Supreme Court, “Applying a clear error stan- opinion corrected a prior mistake in he tate offered strong and board of the John Locke Foundation.