EPA announces investigation of possible racial discrimination over Alabama’s distribution of sewer funds
The Hill is reporting that the Environmental Protection Agency (EPA) announced on Wednesday that it has opened an investigation into possible racial disparities in how the state of Alabama’s Alabama Department of Environmental Management (ADEM) has distributed federal sewer dollars. The complaints specifically allege that ADEM failed to conduct proper outreach to disadvantaged communities. The accusation is that ADEM deprives Black residents of “an equal opportunity to compete for federal funding.” ADEM and the State of Alabama have denied committing any wrongdoing and say it has “made addressing the wastewater and drinking water needs of disadvantaged communities a priority” in awarding federal funds. While claiming to be small government conservatives, the state has eagerly gobbled up billions of dollars from the American Rescue Plan Act (ARPA) and infrastructure bills, much of it ostensibly to address failing drinking water, wastewater, and stormwater system problems. When the State Legislature appropriated the ARPA money, they tasked ADEM with allocating the money for the specific projects – most of it through a competitive grant program that cities, counties, and public utilities could apply for. In 2021, there was an investigation into Lowndes County’s longstanding wastewater problems, which left some residents with sewage in their yards. That case was settled earlier this year and required Alabama’s Department of Public Health to create a plan to improve access to adequate sanitation in Lowndes County. Taking federal funds usually comes with “federal strings attached,” and the state of Alabama has a poor working relationship with the Biden Administration, so an investigation by the Biden EPA – which is also challenging the state and ADEM over ADEM’s plan to bury coal ash ponds – is tinged with political undertones. The EPA gave little information about the investigation outside of the announcement that the EPA has launched an investigation and that ADEM denies any wrongdoing. This is a developing story that Alabama Today is closely following. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Over $1 billion spent on Deepwater Horizon settlement projects in Alabama
On Friday, David Rainer with the Alabama Department of Conservation and Natural Resources reported that the Deepwater Horizon settlement has paid for over $1 billion of projects in the state. Alabama Department of Conservation and Natural Resources (ADCNR) Commissioner Chris Blankenship spoke at last weekend’s Conservation Advisory Board meeting in Huntsville to update the Board on the numerous projects in the state under ADCNR oversight. “The big takeaway is we have $1 billion, $29 million in projects underway in Mobile and Baldwin counties that we are managing through our Deepwater Horizon Section,” Commissioner Blankenship said. “That is 176 individual projects. That’s a lot of money and a lot of work going on. We have six people in that section, and they’re doing a very good job of managing projects that will make generational changes on the Gulf Coast.” Blankenship said that ADCNR’s Deepwater Horizon Restoration Coordinator, Amy Hunter, and her staff oversee the projects funded by the settlement. “We never want to go through another Deepwater Horizon event, where 11 lives were lost,” Blankenship said. “It was a terrible, terrible event for our coast. However, we’re trying to do good work with the money that came from that settlement.” Among those projects are ones to replenish and protect Alabama’s living coastal and marine resources. “That includes restoration of oysters and oyster reefs,” Blankenship said. “We’re building about $30 million in artificial reefs. We’re increasing funding for research for stranding response for marine mammals and sea turtles, conservation of bird nesting and foraging habitat, as well as construction of a wildlife rehabilitation center and sea turtle triage facility in Orange Beach.” Another funding goal is to support and enhance community resilience during environmental or economic crises. The $65 million in projects includes constructing the Auburn University Gulf Coast Engineering and Research Center in Orange Beach to improve engineering in the coastal environment. The projects include a new Alabama Department of Environmental Management (ADEM) office that is under construction on the coast. The Alabama Seafood Commission is funded, as well as Fairhope’s Working Waterfront and Green Space initiative. “Resilience is important for all of our state but particularly our coastal areas,” Blankenship said. “We’re working to make us more resilient during storms or drought or economic downturns, things that make our communities stronger when we have negative impacts in our state. As an aside, Governor [Kay] Ivey, by executive order, created a resilience council just a few weeks ago, and the Commissioner of the Department of Conservation is one of the members.” Funding will also be used to provide and enhance economic development and infrastructure. Eleven projects, totaling $197.5 million, include the construction of the Africatown Welcome Center, which will house a portion of the Clotilda. The Clotilda, discovered in the Mobile-Tensaw Delta, was the last slave ship to transport slaves from Africa to the United States. Another project that received funding was the construction of a roll-on, roll-off facility that will facilitate the export of cars and trucks that are built in Alabama. Road improvements in Baldwin County are also included in this funding. There is evidence that the Deepwater Horizon oil spill has had a long-term impact on the stability of the marshy shores of the Gulf of Mexico. A recent scientific paper presented findings that the oil has impacted marsh grass has led to the soil continuing to crumble away at a faster rate than before the spill, causing the shoreline to retreat more rapidly than it would otherwise. About $401 million is being used to restore, conserve and enhance habitat in coastal Alabama. “This is primarily land acquisition,” Commissioner Blankenship said. “So far, we have acquired more than 13,000 acres of land in coastal Alabama to protect and provide recreational access. That includes the west end of Dauphin Island, Grand Bay Savanna, Pilot Town on Fort Morgan, Gulf Highlands property on Fort Morgan, which is one of the last undeveloped areas of the beach that was not part of Fort Morgan or the Bon Secour National Wildlife Refuge. It also includes multiple parcels in Weeks Bay, parcels at Dauphin Island, Oyster Bay, and we have purchased three parcels in the Three Rivers area that we have transferred to the Bon Secour National Wildlife Refuge.” Land acquisition includes tracts along the Perdido River watershed to provide a wildlife corridor from the Perdido River Wildlife Management Area to the Lillian Swamp Forever Wild property. “We have been working for the past six years to connect those wildlife management areas,” Commissioner Blankenship said. “It will be a distinct wildlife corridor with about 50 miles of river frontage. The Deepwater Horizon exploded on April 2010, leading to the release of 200 million gallons of oil being released into the Gulf of Mexico. “When that work is done, we will have well over 30,000 acres along the Perdido River for public access, hunting, hiking, canoe trails, and river frontage from near the headwaters all the way to Perdido Bay in public ownership,” Blankenship said. “We have used more than eight different funding sources to acquire this property. This shows how working together with our divisions and the Deepwater Horizon Section has been really successful at putting all this together for the people of Alabama for perpetuity.” Another $159 million is committed to improving water quality in coastal Alabama through sewer and septic tank mitigation. “We are working with the utilities to avoid sanitary sewer overflows to improve water quality,” Commissioner Blankenship said. “Using Deepwater Horizon and GOMESA (Gulf of Mexico Energy Security Act) funding, we have done several septic to sewer conversions in the coastal areas, like Fowl River, Grand Bay, and Bayou La Batre, that are really close to the water.” The effort to provide and enhance recreation and public access will receive $147 million in funding. “During the oil spill, it wasn’t just the environment that was impacted. It was also the people,” Commissioner Blankenship said. “We lost recreational access to the beaches, fishing, and a lot of other activities. As part of the Natural Resource Damage Assessment (NRDA),
ADEM has authorized water and sewage projects in 63 of the 67 counties
On Tuesday, the Joint Legislative Committee on American Rescue Plan Act State Funds met in Montgomery for oversight hearings on the progress of spending the first billion dollars of federal funds for COVID relief. Much of that money is being spent on water and sewer projects. Lance LeFleur is the Director of the Alabama Department of Environmental Management (ADEM). ADEM has been tasked with awarding those funds to water and sewer utilities. LeFleur said water projects have been approved for 63 of the 67 counties, and those other four counties have projects that will be in the next round of projects. LeFleur said that ADEM has $1.6 billion in funding available through 2026 and $3 billion in requests. “We have approximately $1.4 billion in projects that do not have a source of funding at this time,” LeFleur told Legislators. “We do have a website: Alabamawaterprojects.com.” “We have 600 systems in the state,” LeFleur explained. “Some systems have submitted multiple projects. Many of these are combination water and sewer systems.” LeFleur said that ADEM is considering every single project. All of the funding came through principal forgiveness or it came through a grant. “Under ARPA, the most dire needs were provided by grants,” LeFleur explained. State Sen. Greg Albritton chairs the oversight committee. “This is a lot of construction. Is there a contractor available to do all of this?” Albritton asked. “The simple answer is no,” LeFleur answered. “There are supply chain problems. We were faster at getting these awards out than any other state.” “In this process, it is important that we have proper oversight,” LeFleur explained. “We require a professional engineer to do the plant analysis, and then we check on the professional engineer to make sure that he did things right. Our engineers are very experienced. We make sure that the engineering on the front end is done properly. On the financial system, we require that each of these systems have an audit. We have to know the true financial picture of each of these systems. We have made the commitments at a very rapid pace compared to the rest of the nation. It is in the hands of the individual systems to get the final engineering done.” Lafleur continued, “We are not going to put any system in financial distress, but if they have the resources to contribute, it is important that they do that so we can get the most out of this money.” LeFleur said that for the poorest systems whose rates were already as high as their neighbors, the state would pick up 100% of the cost. If the system can afford matching dollars, ADEM requires them to provide those funds. Part of this financial evaluation of the systems is to examine the water and sewer rates charged by the systems. “They have to have rates that are consistent with the systems around them,” LeFleur said. “We have some systems that have not raised rates in a generation.” “Payment will only be made until after we have certified and made sure that the payments have been made,” LeFleur explained. “The funds will cover the costs of the engineers and the audits. We know that some systems have not had the funds to do audits in several years.” State Sen. Chris Elliott expressed his displeasure with how these awards are being prioritized. “My concern is and has been and continues to be that in the fastest growing county in the state that sees 8000 new people a year that represents 48% of the population growth in the entire state, that (State Senate) district received no funding, received zero projects – that is not acceptable,” Elliott said. LeFleur responded, “We do have one project in your county. Is that your district?” “That is not in my district. That is in the chairman’s district,” Elliott said. “And your problem with that is?” Chairman Albritton said. “Past growth is available for funding future growth is not available for funds,” LeFleur said. “Their systems (in Baldwin County) have the ability to fund growth.” “We have sewage overflows into Mobile Bay on a regular basis. We have sewage overflows in rivers and streams on a regular basis,” Elliott said. “Not allocating any resources into my district is very shortsighted.” Elliott threatened to filibuster future Senate meetings if his concerns are not addressed. Kirk Fulford is the head of the fiscal division of Alabama’s Legislative Services Agency (LSA). “Alabama was appropriated $2.12 billion,” Fulford said. Just over half of that money has been appropriated, Fulford explained. The Legislature will appropriate the second tranche of that money after it returns on March 7 for the 2023 Regular Legislative Session. Fulford said the Legislature had appropriated $222 million for water and sewer projects. The state has spent $400 million on two mega prisons under construction in Elmore and Escambia Counties. $80 million was spent on relief of Alabama hospitals, and another $80 million went to the state’s nursing homes. $51 million has been appropriated for broadband infrastructure projects. The state also qualified for additional dollars under ARPA and the CARES Act. “You used $277 million for broadband infrastructure thus far,” Fulford told legislators. The Alabama Department of Economic and Community Affairs (ADECA) is tasked with awarding those funds. Most of the ARPA funds have to be spent by December 31, 2026, or must be returned to the federal treasury. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Unemployment assistance available for residents whose jobs were affected by January 12 tornadoes
Alabama Department of Labor Secretary Fitzgerald Washington announced on Thursday that workers who became unemployed as a direct result of severe storms, straight-line winds, and tornadoes in Coosa, Elmore, and Hale Counties may qualify for unemployment assistance. Washington has already announced available assistance for workers in Autauga and Dallas Counties. The City of Selma was largely destroyed by a tornado. Seven people were killed by tornados in rural Autauga County. The workers became eligible for assistance when President Joe Biden announced that the damage in Coosa, Elmore, and Hale Counties were declared natural disaster areas. Biden had already declared Dallas and Autauga Counties a disaster area. People who live in or worked in these counties and became unemployed due to severe storms, straight-line winds, and tornadoes during the period of January 12, 2023, may be eligible for assistance under the Disaster Unemployment Assistance (DUA) program, which was triggered when President Biden designated the area as a disaster area on January 15, 2023. “Generally, those who are eligible for state unemployment benefits are not eligible for DUA, but a claimant may qualify if state unemployment compensation benefits are exhausted,” Washington said in a press release. “If you believe you are entitled to these benefits, I urge you to file a claim to see if you are eligible.” People who may be eligible for Disaster Unemployment Assistance include the following: · individuals who no longer have a job, are unable to reach the place of employment, or were scheduled to start work in the major disaster area and the job no longer exists · those who became the breadwinner or major support of the family because the head of household died, or those who cannot work because of an injury incurred during the major disaster. All of the previously described circumstances must be as a direct result of the severe storms, straight-line winds, and tornadoes. Claims can be filed through ADOL’s website or by calling 1-866-234-5382. The deadline to file a DUA claim is March 1, 2023. There is federal disaster assistance available to persons in the five counties that were impacted by the severe weather on Jan. 12. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
EPA: $2.8M to snuff out Alabama landfill fire
The cost of extinguishing a landfill fire that’s been burning since late November in Alabama’s St. Clair County is now at an estimated $2.8 million, federal environmental regulators said. The U.S. Environmental Protection Agency approved a budget increase for the project this week that would raise how much the agency can pay a contractor to put out the fire by about $900,000, al.com reported. The new estimated external costs are now approved up to $1,529,316, with the total costs for the project to EPA now estimated at $2,806,345. The money will come from EPA’s regional funds for emergency response. The agency can later attempt to recover those costs from the responsible parties through enforcement actions. The underground fire was first reported on November 25 at the landfill, which takes in tree limbs and other vegetative waste. It has been burning since late November, sending smoke over some neighborhoods in the state’s largest metro area and leaving residents frustrated by the lack of action. The EPA took over the response to the fire, about 15 miles (24 kilometers) northeast of Birmingham, on January 19 after air samples showed elevated levels of potentially dangerous chemicals in the area. Alabama Gov. Kay Ivey declared a state of emergency the day before. Some residents near the site, estimated at a little over 20 acres, have fled their homes, and others have reported symptoms, including headaches, coughing, red eyes, and breathing problems. The fire is located at the Environmental Landfill, Inc., which was largely unregulated by the Alabama Department of Environmental Management because it was only supposed to accept green waste, such as fallen trees or other vegetation. However, ADEM inspectors and neighbors have reported finding materials such as tires, roof shingles, construction waste, electronics, and other unauthorized materials at the site. The site’s waste pile is 100 feet (30 meters) deep in some places. The EPA’s current strategy is to cover the fire with a layer of dirt to extinguish the flames. “Generally, in a landfill situation, you try and snuff it out,” EPA On-Scene Coordinator Terry Stilman told AL.com last week. The agency is currently using heavy equipment to grade the site and bring in cover dirt from outside sources. The EPA has set up air monitoring stations that check constantly for the concentrations of particulate matter, showing how thick the smoke is. In addition, the EPA says air samples are collected daily and sent to a laboratory for analysis of potentially harmful chemicals that might be in the smoke. Republished with the permission of The Associated Press.
Three projects announced for North Alabama funded from Tyson spill lawsuit
Three projects funded by a settlement with Tyson farms will give recreational boaters, paddlers, and fishermen better access to the Mulberry and Sipsey Forks of the Black Warrior River. On Saturday, local leaders visited sites in Colony and Garden City in Cullman County and the Forks in the River site near the Walker County town of Sipsey – and offered details unique to all three projects. The funding comes from a state lawsuit against the Tyson company in the wake of an illegal wastewater discharge at the company’s facility in Hanceville. The spill occurred on June 8, 2019, when a pipe failed at the River Valley Ingredients poultry processing facility in Hanceville, sending tens of thousands of gallons of partially treated wastewater into the river. The spill killed an estimated 175,000 fish and damaged the river’s ecosystem. “These community enhancement projects are the result of the dedicated teamwork of legal staff from the Attorney General’s Consumer Interest Division, and our partners at the Alabama Department of Conservation and the Alabama Department of Environmental Management,” said Attorney General Steve Marshall. “As I said we when announced this settlement last August, this is another example of a Consumer Protection case done well – the money is going exactly where it ought to go – not to the state coffers or outside counsel, but to the impacted areas. It is all the more rewarding to finally see these recreational access projects come to life to benefit the impacted communities.” As part of the settlement of the lawsuit, the AG Marshall created a Restitution Fund Oversight Committee to oversee the projects that are designed to enhance the State’s natural resources, increase recreational opportunities, and benefit the environment and public health in the impacted areas. Alabama Department of Conservation and Natural Resources Deputy Commissioner Ed Poolos will serve as chairman of this committee, which selected the projects. The projects include: • Forks in the River, near Sipsey: Expand parking area and construct a dock, pavilion, and restroom facility. • Town of Colony access: Construct a gravel road and parking area, which will give local residents direct access to the river for the first time. • Garden City Park: Riverfront clean-up with new kayak launch area, add restroom facility, and create hiking trail. “I would like to express my deep appreciation to every member of this committee. They have all worked diligently as a team, to get us to this point. I’m very pleased that we can now announce these three initial sets of projects, with you having our assurance that many more will follow over the coming months,” Poolos stated. “We believe these projects will provide tremendous and long-lasting benefits for Alabama’s citizens impacted by the wastewater spill.”
Hundreds of Alabama systems apply for water, sewer grants
More than 400 Alabama water and sewer systems have applied for grants funded by pandemic relief money, according to the Alabama Department of Environmental Management. Alabama lawmakers this winter voted to use $225 million out of the state’s share of American Rescue Plan funding to fund high-need water and sewer projects. “This is an historic opportunity to address longstanding water, and sewer needs to benefit hundreds of thousands, and potentially millions, of Alabamians,” ADEM Director Lance LeFleur said in a statement. The state will use $120 million for previously identified emergency or high-need projects and will not require a local match; $100 million for grants that may require a local match based on ability to pay; and $5 million to address longstanding problems in the Black Belt region of the state. Rep. Kelvin Lawrence, a Democrat from Hayneville, said in a press release that the funding could be life-changing for many people in his Black Belt district. Wastewater treatment is a decades-old problem in parts of the area, where poor communities often lack traditional sewer lines. Septic tank systems are a poor alternative in some areas because the region’s heavy clay soil traps water near the surface. “Whether you’re rich, poor, young or old, black or white, it doesn’t matter. Every citizen in the state of Alabama should be afforded the opportunity to have clean drinking water and also to dispose of their waste in a proper way so they won’t have to worry about dealing with health issues,” Lawrence said. The Justice Department said it had started an environmental justice investigation into impoverished Lowndes County’s wastewater problems, which have left some residents with sewage in their yards. Republished with the permission of the Associated Press.
Kim Adams: ADEM permit for Plant Barry closure a victory for facts over sensationalism
Last week, state regulators with the Alabama Department of Environmental Management (ADEM) finalized a permit allowing Alabama Power Company to move ahead with its plan to permanently close its coal ash site at Plant Barry near Mobile. That’s good news for a number of reasons, and state regulators should be applauded for looking past the sensationalism surrounding the proposed plan and focusing instead on the facts and science at hand. Although many independent experts concluded that the coal ash site at Plant Barry could be safely closed in place, a handful of activists nonetheless called on ADEM to require Alabama Power Company to excavate the material to some other, unnamed community. Doing so would have been foolhardy and dangerous, especially considering that the material would take three decades to relocate. Moreover, history has shown clearly that half a century of hurricanes and major storm events have never remotely threatened Plant Barry’s coal ash site, even without the robust site improvements that will now be made under the approved permit. There’s also the issue of where Plant Barry’s coal ash would be moved anyway. Groups like Mobile Baykeeper never bothered to suggest a new home. At least one community, the MOWA Band of Choctaw Indians, raised serious concern that Plant Barry’s coal ash could be transported through tribal land north of Mobile, disrupting traffic, schools, and community life for decades, not to mention the danger of thousands of trucks traveling local roads. In the end, attempts by Mobile Baykeeper and others to label the closure in place method as unsafe simply couldn’t compete with the facts. Other utilities have also elected to close large coal ash sites in place rather than move them, and, in fact, a majority of the volume of coal ash in the Southeast is being handled that way. That’s because the method was approved by both the Obama and Trump administrations and has been deemed safe by experts who understand that every coal ash site is different. By sticking to the facts, ADEM’s regulators made the right decision. The plan they considered was well-conceived and supported by independent experts in geology and hydrology. It was also supported by many local leaders who understood that closing the coal ash site in place was a more sensible option than disrupting the southwest Alabama community for decades with truckloads of coal ash competing with local traffic daily. It’s always worthy of applause when truth overcomes hype. Kudos to ADEM for tuning out the noise and making the right call. Kim Adams is the Executive Director of Jobkeeper Alliance. She is a native of Hurtsboro, Alabama. Adams is helping lead the fight to support American workers and combat efforts that threaten jobs.
Public hearing to be held regarding coal-ash pond at Alabama Power’s Plant Barry
The Alabama Department of Environmental Management (ADEM) is holding a public hearing regarding the coal-ash pond at Alabama Power’s Plant Barry on the Mobile River. The hearing will take place Tuesday, March 30 at 6:00 PM at the Hampton Inn in Saraland. The Mobile Baykeeper is urging citizens to attend the meeting to oppose Alabama Power’s plan to cap the ash in place and demand the ash is moved to a safer place. The Environmental Protection Agency finalized a national rule governing how coal ash is managed and stored in 2015 Alabama Today reported the Obama-era rule provides two options for closing basins: either manage coal ash by storing it in place (closed-in-place) or excavate and move the coal ash to a new location. The EPA rule, which has been preserved by the Trump Administration, recognizes that both storing in place and removing and transporting coal ash options are viable options that provide environmental benefits. Alabama Power wants to cap the ash pit where it is, and claims they will also go beyond the 2015 minimum requirements. In 2019, Alabama Power spokesman Michael Sznajderman told Al.com, “The new plans show the company is going “above and beyond” what is required by state and federal coal ash rules, in some cases using redundant dike systems and subterranean retaining walls that extend 30 feet below the ground to prevent contaminants in the ash from reaching rivers or groundwater.” Mobile Baykeeper wants the removal of coal ash to upland, lined landfills and/or the recycling of the coal ash into concrete. Baykeeper is urging citizens to attend the public meeting and to also write letters to ADEM asking them to deny Alabama Power’s permit to cap the ash in place. Recently retired U.S. Attorney for the Southern District, Richard Moore told Lagniappe this week that he doesn’t “’feel confident at all’” Alabama Power’s plans to cap in place coal ash ponds rather than excavating them will ensure public safety and environmental health.” Moore presided over the Kingston coal ash spill in Tennessee as Inspector General for the TVA. Casi Callaway, executive director of Mobile Baykeeper told WKRG, “Too much is dependent on Alabama’s waterways for us to learn this lesson the hard way. The community needs to speak up and demand Alabama Power and our environmental agency do the right thing – move the ash.“
Court: Environmental agency overstepped bounds
An appeals court says Alabama’s environmental regulators went too far in allowing landfill operators to cover waste with anything other than dirt. The Alabama Court of Civil Appeals ruled Friday in a lawsuit filed by people who live near two central Alabama dumps, Arrowhead Landfill in Perry County and Stone’s Throw Landfill in Tallapoosa County. The decision says the law required that companies use at least 6 inches of soil to cover material that’s dumped into landfills. But it says the Alabama Department of Environmental Management changed its rules to allow for the use of other materials. The lawsuit claims that the use of waste covers including tarps has led to a foul smell and vermin around landfills. The judges overturned a lower court that dismissed the lawsuit. Republished with the permission of the Associated Press.
Alabama Court of Criminal Appeals to rule on ethics commissioner rewriting ethics law
When faced with a single goal, in this case, embarrass Donald Trump’s administration; there is little doubt that one would choose the path of least resistance. That’s exactly what Cynthia Propst Raulston did when she pursued charges against Trump’s southeast regional director for the Environmental Protection Agency. Unfortunately for her, her weapon of choice, the Alabama Ethics Law, is clear – there’s a straight line from Point A (a complaint) to Point B (a resolution). By her actions, skipping the legally declared path for resolving a complaint, Raulston unilaterally declared herself and her office as powerful as that of Attorney General Steve Marshall. Let me explain how. The Alabama Ethics law is written without much room for interpretation. The “shall’” versus the “may” doesn’t leave room for guessing. Any first-year law student can tell you that. The process as described by the Ethics office requires a commission vote prior to going to a grand jury. Don’t believe me? Here are the exact words from the Ethics Commission website and I quote: Upon investigation a complaint may be: Closed because the Ethics Commission does not have jurisdiction regarding the alleged wrongdoing or the Statute of Limitations has expired. Dismissed due to lack of evidence to support the complaint. >Presented to Commission for Determination of Probable Cause. “Presented to the commission for determination of probable cause.” Nope, no ambiguity there. I don’t even need a law degree to understand the process. Going to the commission is an important step of due process of those facing complaints given the commission is not controlled by any one individual and the commission itself is charged with enforcing the ethics law. The makeup of the commission’s members is 2 appointees by the governor, 2 by the speaker of the house and 1 by the lieutenant governor. Each of which after being appointed has to be confirmed by the state senate. The current commissioners are: It was these five members Raulston circumvented by going straight to the grand jury. Read Anderton’s declaration, as filed, below: While her gumption and creativity could be lauded the effects of letting it stand presents a potentially chilling reality for the state of Alabama. Every time a new precedent is made chipping away at the structure of the law it weakens the law itself. This weakened foundation means that rouge prosecutors can go after just about anyone at any time in any manner they decide but more so the constant ambiguity also lends to the defense of those in the future who may seek an out when they do in fact break the law. Don’t for a moment think anyone is immune to the consequences of the decision before the court now. Due process is as important to the rule-followers as the rule-breakers because without it the process to determine which is which gets very fuzzy. The law § 36-25-4 says so very clearly, “In all matters that come before the commission concerning a complaint on an individual, the laws of due process shall apply.” The biggest problem in all of this is that either Propst Raulston unilaterally decided the rules didn’t apply to her or she did so with the support of the commissioners who have been silent to date. Right now the Alabama Court of Criminal Appeals has in front of them a motion to right the wrong made by Propst Raulston and the Alabama Ethics Commission. Will they choose to take it?
Lies and coverups: Did Ethics Commission attorney lie?
The narrative that an Alabama environmental group, activists and some journalists sold in November sounded menacing: “Indictments had been brought against Donald Trump‘s Regional EPA appointee Trey Glenn and former business partner, Scott Phillips, a state environmental board member.” But the problem with this narrative, in their own words, is that these charges were an effort of the environmentalists at Alabama’s GASP themselves. GASP claimed in a November tweet, “Just so y’all know, Gasp made this possible. We were the ones whose presentation was shared by Glenn and Phillips. We paid for the exhibits in PACER so we could piece this story together. We did the leg work and the organizing. We need your support to keep doing it.” Once GASP “did and the leg work and organizing,” the indictments were spearheaded and pushed for by Ethics Commission lawyer Cynthia Propst Raulston. If Raulston’s maiden name sounds familiar, it’s because her sister, Stacie Propst, is the former the Executive Director of GASP. Stacie Propst and others took issue with the fact that a presentation she was to give before the Alabama Department of Environmental Management (ADEM) commission, which Phillips sat on, was given to Glenn before the meeting. The presentation, which had been formally submitted to the commission, was already subject to Alabama’s open records laws, but that didn’t stop Propst’s supporters from crying foul once it was brought to light Phillips shared it with Glenn (who then shared it with his clients). AL.Com’s John Archibald described Propst’s in a column decrying the fact it was shared saying, “So Propst walked headlong into a buzz saw. She was, according to videos and minutes of the meeting, greeted with tough questions about data, degrees of health danger and whether you’d have to have a condition that makes you eat dirt to be harmed…” Certainly, there’s more to the charges being brought than just GASP and their former executive director’s sister, right? Kyle Whitmire from AL.Com broke the news of the indictments with a statement provided by the ethics commission. Whitmire reported, that, “The Alabama Ethics Commission lead the investigation after being asked for help by the Jefferson County District Attorney’s office.” He supported that with the following statement from the commission. “The Alabama Ethics Commission is committed to working with Alabama’s District Attorneys, and all enforcement agencies, whenever needed and asked to do so, to ensure enforcement of Alabama’s Ethics laws on behalf of the citizens of Alabama; and these indictments are evidence of that,” Alabama Ethics Commission Director Tom Albritton said in a press release. “I want to recognize the hard work from the Jefferson County DA’s office which requested our assistance in this important matter; and from our office, Cynthia Raulston, the Commission’s General Counsel, as well as Special Agents Dustin Lansford, Byron Butler and Chief Special Agent Chris Clark for their hard work and dedication to the enforcement of our Ethics laws.” That would be great except, The former Jefferson County DA, Mike Anderton, under penalty of perjury, has filed a formal declaration with the Circuit Court of Jefferson County that directly contradicts Whitmire’s reporting and the referenced Ethics Commission press statement. In it he says that Raulston was behind the entire case and that his office “had no plans to present any related matter to the grand jury.” He goes on to say his entire role in the case was just to facilitate Raulston’s use of the Jefferson County grand jury again, at her repeated request. Read Anderton’s declaration, as filed, below: So at the end of the day either the statement and claims from Allbrighton are factually incorrect or the sworn statement from Anderton is. Fortunately, we have the answer to how this all started, the tweet from Gasp says it all. So what’s next for those involved? At the February 11 arraignment of Glenn and Scott, where the charges were changed and some dropped, the defense filed for dismissal of the case in part for “malicious prosecution.” The judge made it clear that he would hold a hearing on the motion and that Raulston should be prepared to deal with the facts. The facts seem to point very clearly to misconduct on the part of the Ethics Commission and toward malicious prosecution.
