Tag: Mark Herring
According to Tommy Jordan, a long-time Democratic campaign activist who has helped Ferris in previous elections, the Edwards campaign wanted the event canceled because they said Ferris was going to use it to announce his support for Don Caldwell, 35-year veteran commonwealth's attorney for Roanoke City, who bolted the party he used to chair to run as an independent against Edwards and his Republican opponent, Dr. Nancy Dye. Jordan adamantly denied that was going to happen. Meanwhile, Sam Barrett, campaign manager for Edwards, said that Edwards wasn't involved in the decision to pull the plug on the fundraiser.
The statement from Adam Zuckerman, the director of Herring's PAC said, "This particular event was becoming a bit of distraction for local Democrats, but Attorney General Herring strongly supports Senator Edwards's re-election."
This newest pothole in the road to Edwards retaining his seat makes me wonder if he can pull off re-election or not. Jordan's disavowal notwithstanding, I believe that Ferris WAS going to sabotage Edwards with a Caldwell endorsement. Why? First, after he graduated from law school in the late 1980's, Ferris' first job was in Don Caldwell's office as an assistant prosecutor, staying there until he opened his own firm. They have remained fast friends. Plus, Ferris evidently has not gotten over the fact that in the last council election in May 2014 two other Democrats filed to run against the three Democratic incumbents up for re-election for the three available nominations. Thus, there would have been a primary. To avoid that, Ferris broke with the party and ran as an independent. He was joined by fellow incumbent Bill Bestpitch, who also had been elected as a Democrat.
Herring's opinion cites §15.2-2280 of the Virginia Code, which grants broad zoning powers to localities. These include the power to "regulate, restrict, permit, prohibit, and determine" land uses, such as "the excavation or mining of soil or other natural resources." Thus, writes Herring, "I conclude that the General Assembly has authorized localities to pass zoning ordinances prohibiting fracking. The plain language of the stature also authorizes localities to regulate fracking in instances where it is permitted."
The letter is not available online as of this writing, but is expected to be posted on the Official Opinions page.
Herring's opinion comes in a letter to Senator Richard Stuart, who had asked whether Virginia law allows localities to prohibit "unconventional gas and oil drilling," commonly known as fracking, and whether they may use their zoning authority "to regulate aspects of fracking, such as the timing of drilling operations, traffic, or noise."
The letter overrules a January 11, 2013 opinion by then-Attorney General Ken Cuccinelli, which held that the General Assembly had preempted localities' right to regulate or ban drilling when it passed the Virginia Gas and Oil Act. Under §45.1-361.5, localities may not "impose any condition, or require any other local license, permit, fee, or bond to perform any gas, oil or geophysical operations which varies from or is in addition to the requirements of this chapter."