FACING SOUTH - Online Magazine of the Institute for Southern Studies

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Charges dismissed against Duke Energy Cliffside coal plant protester

Charges were dismissed today against Ken Davies, an attorney from Charlotte, N.C. who was arrested earlier this year during a civil disobedience action against Duke Energy's new Cliffside coal-fired power plant now under construction in western North Carolina.

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As Facing South reported earlier this week, Davies was one of 43 people arrested during an April protest against the plant and charged with second-degree trespass. All but 10 of those arrested pleaded guilty and paid court costs; of those 10 who did not plead guilty, nine had their charges dismissed earlier this month.

Davies' case -- which was scheduled to go before a judge on Monday -- resulted in a subpoena being issued to Charlotte-based Duke Energy's CEO Jim Rogers.

"I am disappointed the trespass charge against me was dismissed," Davies said in an e-mailed statement. "The real crime is the Cliffside Coal Plant. With the help of others, I had hoped to confront CEO Jim Rogers with the facts against this monumental environmental disaster, all in presence of Judge and Jury. Duke Energy asked for dismissal of the trespass charge, no doubt to avoid this public confrontation."

The Cliffside plant will release 6 million tons of climate-disrupting carbon dioxide annually as well as tons of toxic pollutants, including 296 pounds of highly dangerous mercury.

UPDATE: Cliffside opponents had organized protests set for Monday, Nov. 16 outside Davies' trial in Charlotte and later that day at the Charlotte Chamber of Commerce's annual meeting, where Rogers will receive the Citizen of the Carolinas Award. Both of those actions are still scheduled to take place -- the first at 1 p.m. at McDowell and 4th Street and the second at 5:30 p.m. in front of the Charlotte Convention Center at 501 S. College St. 
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