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Archive for October, 2011

Robert F. Kennedy, Jr.: The Real Deal

Monday, October 31st, 2011 - posted by Appalachian Voices

Guest blog by Jim Deming

Something good happened in Cleveland, Ohio this past Friday. In a city that has symbolized urban pollution since the 60’s and has taken some blows in the current economic recession, Bobby Kennedy came to town to celebrate.

He was here at a press conference on the banks of the Cuyahoga River to help launch journalism website EcoWatch as the national voice of the grassroots environmental movement. At the place where the rivers once burned from oil and debris, Bobby Kennedy, the founder of Waterkeeper Alliance, told us how individual private citizens banded together to form a movement that eventually resulted in the Clean Water Act and 28 more environmental legislative victories, even under a Republican president with bi-partisan support.

In his speech at the press conference, he told us how ordinary people – a mixture of plumbers, veterans, carpenters, and others – used a once-obscure law to collect bounties for nailing polluters on the Hudson River, now one of the cleanest waterways in the country. He told us that we could do the same in our towns and cities and mountains, that we could enforce the law.

Robert F. Kennedy, Jr. announces the launch of the EcoWatch and Waterkeeper Alliance news service website—www.ecowatch.org—at a press event in Cleveland, Ohio. The website works to unite the voice of the grassroots environmental movement and mobilize millions of Americans to engage in democracy to protect human health and the environment. Photo by Marianne Mangan

And that reminded me of what the Waterkeepers in Kentucky and all through the southern Appalachians are doing now with the support of Appalachian Voices and other partners: seeking to enforce the law. Bobby Kennedy was eloquent, passionate and committed, and we are fortunate to have him come speak at the annual Appalachian Voices meeting planned for Charlottesville, Virginia in May. You don’t want to miss one of the best voices in the country for fighting the corporate pillaging of our mountains and our communities.

But his speech is not what I will remember most about the day. You see, I arrived, and like the old geezer I am, I knew that the speeches would last long and I better find the facilities beforehand. As I exited the relief station, Bobby stood there with only two other people, so I stopped to talk. He shook my hand with his left hand, and I commented that I knew he had just had rotator cuff surgery on his right arm, and I told him of my experience with the same ailment. I told him some of us were working in the faith community for environmental justice, and we welcomed his support. He said he would do almost anything for Appalachian Voices because we do such a good job standing up for what is right, and that he was happy the Pope has even started talking about economic injustice and corporate greed. I thought my few minutes were up, but he wanted to talk more about rotator cuffs and recovery, so we stood there like two aging jocks discussing our wounds.

Bobby Kennedy at Appalachian Voices Boone office

Bobby Kennedy speaks at an Appalachian Voices open house in 2008.

And I saw him differently after that. Here was a guy with presidents and senators in his family history talking to a guy who has east Texas sharecroppers in his family history. No pretense. No airs.

Maybe the Occupy Wall Street folks should include guys like Bobby Kennedy, Jr. in their ranks. For the change we need is not just about shifting money around from the haves to the have nots, it’s about justice and creating sustainable communities for all people, even those not yet born. So I really like Bobby, and I don’t want you to miss hearing him. He’s one of us.

Jim Deming, Minister for Environmental Justice
Justice and Witness Ministries, United Church of Christ
Honored member of the Board of Directors of Appalachian Voices

Check out a video from EcoWatch’s press event here.

On Thursday, November 3, 2011 at 7 pm Wake Forest University’s Center for Energy, Environment and Sustainability, in partnership with the Yadkin Riverkeeper, will welcome Robert F. Kennedy, Jr. for a lecture titled Green Gold Rush: A Vision for Energy Independence, Jobs, and National Wealth. This event is free and open to the public and will be held in Wait Chapel. Visit the Center’s web page for more information.

High Point Duke Energy Rate Hike Hearing Turns Out Large Crowd in Opposition to Increase

Friday, October 28th, 2011 - posted by jeff

If Duke Energy was listening to the citizens gathered at High Point’s City Hall last night, they sure got a burning earful! Over one hundred private citizens turned out to express their extreme displeasure with Duke Energy’s attempt to return a profit to their investors at the expense of North Carolina rate payers in the midst of a serious economic downturn.

“I’d rather be robbed at gunpoint than ball point” one Duke Energy customer stated. The same individual went on to express his grave dissatisfaction with Duke’s self-interested initiative to raise electricity rates, even as many residents were trying “to make a dollar out of fifty cents” and choosing between “eating or heating”.

While individuals were noticeably upset by the proposed rate hike, their comments were thoughtful and many well researched – one speaker even going so far as to review his Duke Energy bills and statements for the last several years to demonstrate a trend in rising charges by the utility giant and another providing a cogent economic analysis of the many free-market failures and contradictions of NC’s electricity market and Duke Energy’s business model.

At least 10 activists from the Occupy Greensboro movement attended the event, holding the proposed rate increase up as another example of affluent corporate overreach and greed paid for at the expense of most Americans.

At least 3 television news crews, 1 NPR reporter and three Piedmont newspapers were on hand for the event.

Read more about the event at the web sites below:

Duke Energy’s Tough Times, Rate Hike Hearings Continue in Marion

Thursday, October 27th, 2011 - posted by brian

On Tuesday Oct. 25, at the McDowell County courthouse in Marion, the N.C. Utilities Commission heard a succession of voices all proclaiming the same message: Do not approve the 17 percent rate hike proposed by Duke Energy Carolinas. Public hearings for feedback on the rate hike continue this week and Duke Energy’s customers are coming out, demanding to be heard. The commission is also accepting public comments by e-mail. Submit yours here.

The dozens of speakers at the Marion hearing, including local residents, retirees, environmental advocates, members of the faith community, school officials and the mayor of the city, proved further that Duke Energy’s 1.8 million customers in North Carolina come from all walks of life. And though everyone had their own reasons for opposing the rate increase, the reactions heard were unequivocal.

A Marion resident testifies before the NC Utilities Commission

Click on the photo for a video of public testimony against the proposed rate hike.

There could not be a worse time to raise rates.

If the increase is approved, Duke Energy Carolinas claims it can close unproductive plants, invest in renovations on operating facilities such as the controversial Cliffside Power Plant, and pay for several completed projects.

Dr. Richard Fireman was the first invited to speak. His calm testimony retreated from blaming Duke Energy. Instead, he shed light on the larger problems we as a society face.

“All government rights are instituted solely for the good of the whole,” Fireman said, quoting from the constitution of the state of North Carolina. “But corporate power has taken over the halls of government, which is now protecting the business of business.”

Dr. Fireman agrees, as many supporters of the Occupy Wall Street movement have claimed, that campaign finance and the enormous amount of corporate dollars spent in financing campaigns and election efforts pose a risk to the people who should be served by their elected officials.

“In 2010, 115 of the 117 members of the general assembly received over half a million dollars in donations from Duke and Progress Energy in the 2010 elections,” Fireman said. “With power like that we, the people, are desperate for a voice that has our welfare as the foundations of its activity.”

Members and staff of Appalachian Voices were present at the hearing to give testimony opposing the rate hike. North Carolina Campaign Coordinator Sandra Diaz spoke about the illusion that Duke Energy’s utmost concern is their customers.

The N.C. Utilities Commission heard from dozens of speakers opposing Duke Energy's proposed rate hike.

“Duke Energy says their core mission is to provide their customers with affordable, reliable and cleaner energy,” Diaz said. “But if Duke Energy was really concerned about ratepayers, their investment portfolio would look very different. The lack of action on energy efficiency suggests that Duke Energy’s real mission is to maximize profit for their shareholders with little regard for their ratepayers.”

“Luckily, we have the North Carolina utilities commission and the public staff.” Diaz said to those in attendance. “They’re responsible for providing fair regulation of utilities in the interest of the public, promoting least cost energy planning an providing just and reason rates and charges for utility services.”

Mayor Steve Little began his remarks by stating he was present not only to represent himself but everyone of the 8,000 residents of Marion.

“This is far, far, far too much,” Little said to the commission. He mentioned that in a part of North Carolina as economically depressed as McDowell County, people are lucky to still have their jobs.

“I don’t know of anybody who got a raise of 17.4 percent,” he said.

Others appealed to the idea that the rate hike is simply bad business. Katie Baird, a small business owner and environmentalist from Asheville, shared her thoughts with the commission.

“I understand when things are good for people, for customers, for finances and when they’re not and in my opinion Duke Energy demanding that their customers pay for failed investments is bad business,” Baird said. “I would not do that to my customers and I’m asking as a business person and as a customer that Duke Energy to do the same.”

Even after rates increases were approved on South Carolina customers last year and North Carolina customers in 2009, the company calls this a “reasonable request.” In 2010, Duke Energy walked away with record profits of $1.3 billion and its CEO, Jim Rogers earned $6.9 million in dividends.

Before public testimony began, Robin Nicholson, a Duke Energy employee in the Marion and Hickory area, spoke on behalf of her company.

“It is no secret this region has been significantly impacted by the economic downturn,” she said. But she insisted that Duke Energy, which will become the largest utilities provider in the United States if its merger with Raleigh-based Progress Energy is approved, is also facing tough times.

Somehow it just doesn’t seem the same.

Public hearings continue before a final wrap-up hearing in Raleigh on Nov. 28:
· Thursday, Oct. 27: High Point
· Wednesday, Nov 2: Durham

Visit our action page if you can’t attend but would like to submit a comment to the Utilities Commission.

You can read more coverage of the Marion hearing from The McDowell News.

NPR’s Planet Money Talks About the True Cost of Coal

Wednesday, October 26th, 2011 - posted by jeff

Just how much do we pay for environmental pollution? How much are polluters taxing the health of our communities, families and friends? Find out by listening to Planet Money’s podcast on the true full cost of coal and other forms of environmental pollution HERE.

The Economic Cost of Environmental Pollution

Appalachian Treasures: Heartland America Tour

Monday, October 24th, 2011 - posted by austin

On the surface, the American Heartland does not have many similarities with Central Appalachia. Thousands of acres of flat agricultural fields do not necessarily bring to mind the rolling forested hills of Appalachia.

But there are more similarities than meet the eye between these two seemingly unrelated regions of our country. These similarities became clear on our most recent Appalachian Treasures Tour of Illinois and Indiana. Appalachian Treasures is our compelling multimedia tour that brings citizens impacted by mountaintop removal to churches, rotary clubs, and community centers across the country, building the movement to end mountaintop removal neighborhood by neighborhood.

Our first stops on the tour were in the Southern Illinois towns of Carbondale and Harrisburg. Harrisburg Illinois lies deep within the coal-producing region of the state. Illinois, like Appalachia, has a long history of coal industry abuses (many of the same companies operating in Appalachia operate in the Illinois basin). These abuses include large strip mines that impact local watersheds, destroy communities and ravage some of the most productive farmland in the United States. Attending our presentation in Harrisburg were community members seeking organizing insight, underground coal miners, Shawnee Indians, and local impassioned resident activists. Ironically, the presentation venue was directly adjacent to the Peabody Energy Wildcat Hills Strip mine. The message of out of control coal companies was made poignant over the rumbling of strip mine machinery. The presentations in these towns were powerful, and evolved into cross coal basin collaborations. A sharing of tactics and strategies needed to make sure human and environmental health are protected before coal company profits. All attendees penned letters to Senator Mark Kirk urging him to co-sponsor the Appalachia Restoration Act.

We traveled to well-known town of Lafayette Indiana, Home of Purdue University where the local Sierra Club and Audubon Chapters hosted a great and well attended presentation. The Rennselear Rotary Club hosted us in their small town Indiana agricultural community. At these great presentations we encountered concerned citizens eager to join the movement to end mountaintop removal.
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Lisa Jackson has had enough!

Friday, October 21st, 2011 - posted by Appalachian Voices

In this editorial, published by the Los Angeles Times, Environmental Protection Agency Administrator Lisa Jackson makes her case for protecting our clean air and water from an unprecedented congressional attack on basic environmental and health safeguards. Join the movement to save our clean water here.

‘Too dirty to fail’?

House Republicans’ assault on our environmental laws must be stopped.

By Lisa P. Jackson
October 21, 2011

Americans must once again stand up for their right to clean air and clean water.

Since the beginning of this year, Republicans in the House have averaged roughly a vote every day the chamber has been in session to undermine the Environmental Protection Agency and our nation’s environmental laws. They have picked up the pace recently — just last week they voted to stop the EPA’s efforts to limit mercury and other hazardous pollutants from cement plants, boilers and incinerators — and it appears their campaign will continue for the foreseeable future.

Using the economy as cover, and repeating unfounded claims that “regulations kill jobs,” they have pushed through an unprecedented rollback of the Clean Air Act, the Clean Water Act and our nation’s waste-disposal laws, all of which have successfully protected our families for decades. We all remember “too big to fail”; this pseudo jobs plan to protect polluters might well be called “too dirty to fail.”

The House has voted on provisions that, if they became law, would give big polluters a pass in complying with the standards that more than half of the power plants across the country already meet. The measures would indefinitely delay sensible upgrades to reduce air pollution from industrial boilers located in highly populated areas. And they would remove vital federal water protections, exposing treasured resources such as the Gulf of Mexico, Lake Erie, the Chesapeake Bay and the Los Angeles River to pollution.

How we respond to this assault on our environmental and public health protections will mean the difference between sickness and health — in some cases, life and death — for hundreds of thousands of citizens.

This is not hyperbole. The link between health issues and pollution is irrefutable. Mercury is a neurotoxin that affects brain development in unborn children and young people. Lead has similar effects in our bodies. Soot, composed of particles smaller across than a human hair, is formed when fuels are burned and is a direct cause of premature death. Nitrogen oxides and volatile organic compounds contribute to the ozone alert days when seniors, asthmatics and others with respiratory problems are at serious risk if they do nothing more dangerous than step outside and breathe the air.

“Too dirty to fail” tries to convince Americans that they must choose between their health and the economy, a choice that’s been proved wrong for the four decades that the EPA has been in existence. No credible economist links our current economic crisis — or any economic crisis — to tough clean-air and clean-water standards.

A better approach is the president’s call for federal agencies to ensure that regulations don’t overburden American businesses. The EPA has already put that into effect by repealing or revising several unnecessary rules, while ensuring that essential health protections remain intact.

We can put Americans to work retrofitting outdated, dirty plants with updated pollution control technology. There are about 1,100 coal-fired units at about 500 power plants in this country. About half of these units are more than 40 years old, and about three-quarters of them are more than 30 years old. Of these 1,100 units, 44% do not use pollution controls such as scrubbers or catalysts to limit emissions, and they pour unlimited amounts of mercury, lead, arsenic and acid gases into our air. Despite requirements in the bipartisan 1990 Clean Air Act amendments, these facilities have largely refused to control their emissions — creating an uneven playing field for companies who play by the rules and gaming the system at the expense of our health.

If these plants continue to operate without pollution limits, as a legislative wish list from House Majority Leader Eric Cantor (R-Va.) would allow, there will be more cases of asthma, respiratory illness and premature deaths — with no clear path to new jobs.

By contrast, the nation’s first-ever standards for mercury and other air toxic pollutants which the EPA will finalize this fall — and which the Republican leadership aims to block — are estimated to create 31,000 short-term construction jobs and 9,000 long-term jobs in the utility sector through modernizing power plants. And the savings in health benefits are estimated to be up to $140 billion per year by 2016.

Contrary to industry lobbying, this overhaul can be accomplished without affecting the reliability of our power grid.

Our country has a long tradition of treating environmental and public health protections as nonpartisan matters. It was the case when President Nixon created the EPA and signed into law the historic Clean Air Act, when President Ford signed into law the Safe Drinking Water Act and when President George H.W. Bush oversaw important improvements to the Clean Air Act and enacted the trading program that dramatically reduced acid rain pollution.

Our environment affects red states and blue states alike. It is time for House Republicans to stop politicizing our air and water. Let’s end “too dirty to fail.”

Lisa P. Jackson is the administrator of the U.S. Environmental Protection Agency

Shooting our Ecological Footprint

Thursday, October 20th, 2011 - posted by molly

Beauty isn’t limited to blue skies. Sometimes a photograph can capture the resilience of a besieged hemlock or the bleak gray of a mountaintop removal site and reveal beauty in the midst of ecological turmoil.

With that in mind, Appalachian Voices is again sponsoring the Our Ecological Footprint category of the ninth annual Appalachian Mountain Photography Competition. This year, Mast General Store joined Appalachian Voices in sponsoring this category. As a result, the winner’s prize for Our Ecological Footprint submissions is now $500.

Megan Naylor’s “Reflecting on Mountains Lost” won the Our Ecological Footprint category of the Appalachian Mountain Photography Competition in 2011. Her shot depicts Larry Gibson looking out onto the mountaintop removal site near his home on Kayford Mountain in West Virginia.

“The Our Ecological Footprint category encourages photographers to document threats to Appalachian ecosystems,” says Willa Mays, executive director of Appalachian Voices. “As a society, we have had a visible effect on the landscape.”

Though only photographers have a shot at the prize money, the AMPC competition is as much about the public as it is about the artists. Works selected for exhibition will be put on display at the Turchin Center for the Visual Arts in Boone, N.C., and the public will have nearly two months to view the exhibit and cast their votes for the annual People’s Choice award in February 2012.

Other award categories include: Best in Show; Blue Ridge Parkway; People’s Choice; Culture; Adventure; Flora and Fauna, and Landscape. All submissions are due by 5 p.m. Nov. 18.

The photography competition is a partnership between Appalachian State University Outdoor Programs, Turchin Center for the Visual Arts, and the Blue Ridge Parkway Foundation. AMPC is made possible through the sponsorship of Boone-area businesses, particularly Virtual Blue Ridge and Mast General Store. Other contributors to AMPC’s $4,000 prize pool include the Blue Ridge Parkway Foundation, Footsloggers Outdoor and Travel Outfitters, and Appalachian Voices.

Since it began in 2002, the Appalachian Mountain Photography Competition has grown in size and prestige. Last year, there were 600 submissions, and the exhibit was viewed in person by more than 10,000 people at the Turchin Center for Visual Arts.

Visit the photography competition’s website here.

The Solar Decathlon

Thursday, October 20th, 2011 - posted by brian

Students Build Tomorrow’s Homes Today

By Jeff Deal

Those weren’t spaceships on Washington D.C.’s National Mall in September — they were entries for this year’s U.S. Department of Energy Solar Decathlon.

Every two years, the competition challenges teams of college students to design, build and operate solar-powered homes that are affordable to build and maintain, energy-efficient and beautiful. The winner is the group with the highest combined score across 10 categories that evaluate the efficiency, sustainability and the livability of the students homes.

This year, two teams from Appalachia were invited to participate with just 18 other universities from around the world in the creation of these forward thinking homes.

Solar Homestead – Appalachian State University

The 2011 Solar Decathlon People’s Choice Winner, Appalachian State University, has garnered a lot of attention recently. The student-led team’s modular creation, called the Solar Homestead, tied for first in the water heating competition, placed second in the communications category and third in the architecture contest.

Photo courtesy The Solar Homestead

The students’ housing concept was based on the traditional Appalachian homestead: a family, home, outbuildings and land functioning together to produce an independent livelihood.

ASU’s 21st century homestead features a solar energy collecting “trombe” wall in the main house that can absorb and radiate solar warmth in the winter but can be shielded from the sun during summer months, allowing the wall to absorb additional heat inside the dwelling.

Other green features include: roofing constructed from an 8.2 kW solar electric system capable of providing all electricity for the home; innovative dynamic modular construction allowing living space to be added or subtracted on demand; a cutting-edge phase-change solar water heating system; day-lighting galore; and a 900-square-foot, covered breezeway for outdoor living and “porch sitting.”

Living Light – University of Tennessee

Another team of Appalachian students also found a bright spot in this year’s Solar Decathlon. The University of Tennessee at Knoxville’s entry, Living Light, placed eighth overall in the competition and took third place honors in the engineering and appliance categories.

Photo courtesy Solar Decathalon

The home’s exceptional lighting engineering utilizes programmable blinds sandwiched between two panes of insulated glass to help passively heat the home in winter and cool it in summer. The same structure also provides rich day-lighting to the interior living space.

The Living Light home is powered by a 10.9 kW solar electric system comprised of easily installed cylindrical solar collectors that passively track the sun throughout the day while maintaining a lower operating temperature to increase electricity production. Air quality within the space is maintained by a high efficiency ventilation system that harvests heat from the air in colder months and cools inside air in hotter weather.

In the end, all entries in the 2011 Solar Decathlon brought unique design and vastly different innovative technology solutions to the table, proving an important point — that variety is an attainable spice of sustainable life.

If You Could Only See Them Now

If you didn’t make it to Washington, D.C., to see these “future-is-now” student home designs, you will still have a chance. ASU Chancellor Ken Peacock plans to permanently install the Solar Homestead on the Boone, N.C. campus, while the UT team will take Living Light on a state-wide tour of Tennessee.

Visit solardecathlon.gov to learn more about the 2011 contestants.

Other Tidbits

Wednesday, October 19th, 2011 - posted by Jamie G. -- AV Communications Coordinator

Rallying for Ison Rock Ridge

In southwestern Virginia, a mountain known as Ison Rock Ridge — along with several headwater streams — is slated for destruction to access the coal seams inside it. During October, Appalachian Voices, the Southern Appalachian Mountain Stewards and the Wise Energy for Virginia Coalition are hosting three major rallies to save Ison Rock Ridge. The first rally will be in Richmond, Va. on Oct. 17 and feature a funeral procession for mountains already lost. The following day, Oct. 18 a rally will be held at the Governor’s Energy Conference in Richmond. The third rally will be in front of the Environmental Protection Agency headquarters in Washington, D.C., on Nov. 16 at noon, to remind the EPA that the fate of Ison Rock Ridge and nearby communities is in their hands. Visit wiseenergyforvirginia.org for more information.

Appalachian Treasures on the Road Again

This fall, our Appalachian Treasures tour hit the road once more to educate citizens about mountaintop removal coal mining. In September, Appalachian Voices Field Organizer Austin Hall and W.Va. native Adam Hall (no relation), visited the great states of Ohio and Pennsylvania with our Appalachian Treasures slide show. During one week, the team talked with over 200 people from Rotary clubs, churches and civic meeting halls about the devastation caused by mountaintop removal coal mining.

Austin has been with Appalachian Voices for more than five years as one of our top-notch field coordinators. Adam is a veteran of the Iraq and Afghanistan wars. His family farm was destroyed by the Edwight Surface mine in Raleigh County, W.Va.

In mid-October, the Appalachian Treasures tour will head to Indiana and Illinois. Visit appvoices.org/apptreasures for details.

Becoming Wiser about Mountaintop Removal

In September, over twenty-five people from across Appalachia travelled to Wise County, Va., to visit with the Southern Appalachian Mountain Stewards (SAMS) for the fourth annual Weekend in Wise County. People came to see mountaintop removal coal mining, some for the first time, and to learn more about the difficult issues facing those who live in areas impacted by Appalachian coal production. The students, families and individuals who made the trek helped SAMS clean up nearly forgotten graveyards, tested water below strip mines and learned about the history and culture of southwestern Virginia. The schedule combined education, hands-on activities and merriment to encourage the attendants to help make a difference from their homes. Appalachian Voices provided support to SAMS in pulling the event together.

Campaign to Revoke Massey’s Corporate Charter Heats Up

Appalachian Voices recently traveled to Delaware to publically deliver over 35,000 petitions to that State Attorney General Beau Biden, who has the power to revoke coal-giant Massey Energy’s ability to conduct more bad business in Appalachia. Bobby Kennedy, Jr. also joined the campaign, as did residents of coal-bearing regions whose families are impacted by Massey’s disregard for workers and mountains. Massey Energy is now a subsidiary of Alpha Resources, but even with a name change they can’t hide from they damage they’ve caused. Learn more on our Front Porch Blog, and sign the petition at appvoices.org/revoke-massey-charter.

Higher Fines for Big Coal in Kentucky Clean Water Act Case

Wednesday, October 19th, 2011 - posted by Jamie G. -- AV Communications Coordinator

By Erin Savage

The Kentucky Energy and Environment Cabinet recently reached a settlement of $507,000, with Nally & Hamilton Enterprises, Inc., a mountaintop removal coal mining company in eastern Kentucky.
The fine tops previous record-setting fines issued in Appalachian Voices’ on-going case against Frasure Creek and ICG coal companies, $310,000 and $350,000, respectively. Appalachian Voices, Kentuckians for the Commonwealth, Kentucky Riverkeeper, Waterkeeper Alliance and the Natural Resources Defense Council are suing Nally & Hamilton for 12,000 violations of the Clean Water Act.

On Sept. 14, a conference was held for the Office of Administrative Hearing case between the cabinet and Nally & Hamilton to determine whether Appalachian Voices and its partners may continue with legal proceedings as intervenors in the case. The decision halted legal proceedings, including Appalachian Voices’ ability to request additional records from Nally & Hamilton and the cabinet.

The cabinet failed to respond to any previous discovery requests, before the recent conference. Without disclosure of relevant information, it cannot be determined whether the settlement is based on a thorough investigation or if it will remedy past and deter future violations.

Though the fines represent a major step toward holding coal companies accountable for their pollution, they are still insufficient. Under Kentucky law, Nally & Hamilton could be fined $300 million.

The settlement provides a low monetary penalty, ignores the potential of fraud, provides little deterrent for future violations and absolves Nally & Hamilton of liability for additional violations already committed.

The cabinet also failed to identify most of the violations uncovered by Appalachian Voices and did not include Appalachian Voices and its partners in the settlement negotiations. For these reasons, Appalachian Voices and its partners continue to pursue Clean Water Act justice as intervenors in this case.