Archive for the ‘All Posts’ Category

Thank God for our Kentucky newspapers

Tuesday, October 6th, 2015 - posted by Tarence Ray
Local newspapers in Kentucky have helped expose environmental regulators' lax treatment of industry. But Kentucky's politicians and agencies aren't shy in revealing whose interests they truly serve either. Photo of downtown Whitesburg, Ky.

Local newspapers in Kentucky have helped expose environmental regulators’ lax treatment of industry. But Kentucky’s politicians and agencies aren’t shy in revealing whose interests they truly serve either. Photo of downtown Whitesburg, Ky.

Earlier this year, former Kentucky state Rep. Keith Hall was convicted of bribing a state mine inspector while the Kentucky Energy and Environment Cabinet looked the other way. It was only after the Lexington Herald-Leader revealed the bribery through an open records request that the FBI began an investigation.

Now, the Louisville Courier-Journal has uncovered a confidentiality agreement between the cabinet and Whitesburg, Ky.-based Childers Oil Company that would have kept secret a proposed lawsuit settlement between the cabinet and the oil company.

As Tom Loftus of the Courier-Journal writes, “The proposed settlement in the case against Childers Oil Co. contained a sweeping confidentiality clause in which cabinet officials agreed to seal the settlement and ‘forever remain silent at all times and places and under all circumstances’ regarding all aspects of the settlement — even the existence of the settlement itself.”

The Courier-Journal, and subsequently the public, only found out about the agreement because a judge was required to reject it since it had not been signed by the cabinet’s lawyer.

The lawsuit stems from a February 2011 incident in which Childers Oil Company, owned by Whitesburg businessman Don Childers, leaked diesel fuel into the North Fork of the Kentucky River. The fuel made it into the city’s water supply, triggering a three-day water advisory. Many residents were not immediately notified of the chemical’s presence in the water supply. Businesses and restaurants were critically impacted by the leak.

As a resident of Whitesburg with a vested interest in seeing my community transition to a sustainable economy independent of the region’s collapsing coal industry, this is especially troubling. This month two restaurants and a moonshine distillery opened their doors in our community. It isn’t hard to see how incidents like the 2011 diesel spill and future water advisories — they occur with frightening regularity here — make it hard for institutions to do business.

But even more importantly is what this says about the agencies that are supposed to be looking out for our health and safety. As my colleague Evan Smith told the Courier-Journal:

The most important danger that comes from this is not what’s actually in the water, it’s the public perception that you can’t trust what comes out of your pipe and what the government is doing to protect the water. And when you’ve got confidential settlements that look like sweetheart deals, it further erodes the public’s trust in our government’s process and ability for protecting our drinking water.

This point was driven home at a recent public hearing in Lexington on the proposed Stream Protection Rule. I listened in amazement as state Rep. Jim Gooch decried the rule — which is aimed at cutting down on the amount of mining waste dumped into streams — as pointless and unnecessary because, according to Gooch, “the biggest threat to water quality in eastern Kentucky is straight piping.”

By “straight piping,” Gooch is referring to the act of running a sewage line directly from a house to a creek, rather than a municipal sewage system or septic tank. This is very common in topographically rugged and economically distressed areas like eastern Kentucky.

And Gooch wasn’t the wasn’t the only one blaming Kentuckians for their water quality problems. Multiple politicians at this hearing claimed that the “trash and litter problem” was a greater threat to the region’s streams than industrial pollution.

This isn’t particularly surprising. Misleading rhetoric about the “true threats” to ecological and human health gets peddled every time new regulations threaten the coal industry’s bottom line. What’s truly egregious here is that Jim Gooch is the chair of the House Natural Resources and Environment Committee. His comments display a shocking disconnect from what’s actually going on on the ground in eastern Kentucky.

While it is true that straight piping is a significant threat to water quality in eastern Kentucky, it’s dangerous to assume that phenomena like straight piping and litter, as opposed to diesel spills and mining pollution, are entirely separate issues. Separating them out and assigning them arbitrary prioritization conveniently diverts attention away from the issue at hand. The need to address one problem in no way diminishes the need to address the other.

But these diversion tactics are quite lucrative. A follow-up investigation by the Courier-Journal revealed that Don Childers, a registered Republican, and others affiliated with Childers Oil Co. donated a combined $4,000 to the Kentucky Democratic Party while Gov. Steve Beshear’s administration was negotiating its secret settlement with the company.

Sadly, whether it’s agreeing to secret settlement deals over diesel spills or blaming Kentucky citizens for their water quality problems, these politicians and the agencies they oversee reveal whose interests they truly serve: those of the fossil fuel industry.

Weatherizing Tennessee homes gets results

Friday, October 2nd, 2015 - posted by Amy Kelly
Knoxville Mayor Madeline Rogero (at podium) launches KEEM with homeowner Dorothy Ware (far right), who has already saved 25 percent on her electric bill, with more energy efficiency improvements to come.

Knoxville Mayor Madeline Rogero (at podium) launches KEEM with homeowner Dorothy Ware (far right), who has already saved 25 percent on her electric bill, with more energy efficiency improvements to come.

The Tennessee Valley Authority (TVA), which supplies power to 155 utility companies in the Southeast, has released a second round of grants for energy efficiency makeovers. Cleveland Utilities in Tennessee will be another Appalachian energy-provider receiving millions of dollars to retrofit its customers’ homes. The funding stems from TVA’s settlement with the U.S. Environmental Protection Act in 2011 for violations of the Clean Air Act.

In September, the Knoxville Utility Board and the Knox County Community Action Committee launched the Knoxville Extreme Energy Makeover (KEEM) program with $15 million from the first round of TVA grant funding. KEEM will be providing energy efficiency upgrades to 1,200 homes over the next two years in the area.

The program promises to bring a host of benefits to the community. Oak Ridge National Laboratory recently released a summary of findings on the effect of weatherization assistance programs nationwide. According to the summary, “Weatherization provides cost-effective energy savings to American families, provides additional health and safety benefits, supports jobs, and provides a stable platform for additional investment in energy efficiency.”

In 2010 alone, with funding from the American Recovery and Reinvestment Act, weatherization supported 28,000 jobs nationwide and generated savings for residents amounting to a whopping $1.1 billion. Not only did the influx of capital significantly improve the economy, the nation’s carbon footprint shrunk by 7,382,000 metric tons.

As we reported previously, clean energy jobs in Tennessee are growing at three times the rate of overall job growth in the state. Appalachian Voices is working with utilities, businesses and other nonprofit partners in east Tennessee and western North Carolina to promote job creation and energy savings in Appalachia by establishing programs provide up-front, debt-free funding assistance so residents can enjoy energy-efficiency home improvements sooner, rather than later.

To find out how you can help get your utility on board, contact Amy Kelly today!

>> Get a free self-audit, $10 gift card to Home Depot and energy savings kit through TVA’s Energy Right Solutions program. (Not sure if you’re in TVA’s service territory? Check this map.)

Duke-DEQ coal ash settlement not such a great deal for citizens

Tuesday, September 29th, 2015 - posted by brian

CONTACT: Amy Adams, N.C. Campaign Coordinator; (cell) 252-944-6459;

Duke Energy and the N.C. Department of Environmental Quality (formerly the Dept. of Environment and Natural Resources) today announced an estimated $20 million settlement over groundwater contamination from leaking coal ash pits at the utility’s facilities in North Carolina.

The following is a statement from Amy Adams, N.C. Campaign Coordinator with Appalachian Voices and former regional supervisor with the state agency.

“In another typical move, DEQ is cutting Duke Energy a break and failing to demand action. Apparently, they missed the state motto, Esse quam videri, ‘To be rather than to seem,’ because seeming to be environmental protectors is about all they have done with this settlement.

“The state is not only backing off the original record fine and settling for a mere $500,000 per site, it’s also agreeing to limit its ability to seek enforcement of any past, present or future contamination at any of the sites.

“To add insult to injury, it is also agreeing to the wholesale abandonment of protections for Sutton Lake, a subsistence fishing spot for local residents.”

Citizen stories counter coal industry deception

Tuesday, September 22nd, 2015 - posted by willie
Citizens sign up to speak at a public hearing on the Stream Protection Rule in Big Stone Gap, Va.

Citizens sign up to speak at a public hearing on the Stream Protection Rule in Big Stone Gap, Va., where clean water advocates argued for stronger protections and coal industry representatives relied on deception to rally against the rule.

In July, the federal Office of Surface Mining Reclamation and Enforcement released a draft of its Stream Protection Rule, a long-awaited regulation aimed at reducing the impacts of mountaintop removal coal mining.

Along with coalfield community members and allied organizations, Appalachian Voices is asking the agency to close loopholes in the rule that state agencies might exploit, allowing coal companies to continue polluting our streams. We are also pushing for clear language in the final rule that states citizens may enforce water quality standards under the Surface Mining Reclamation and Control Act.

TAKE ACTION: Urge the Office of Surface Mining to strengthen the draft Stream Protection Rule.

As part of its rule-making process, OSM held six public hearings across the nation in order to gather comments from stakeholders and impacted residents. Only two hearings were held in the central Appalachian coalfields; one in Big Stone Gap, Va., and another in Charleston, W.Va.

The hearing in Big Stone Gap provides a glimpse into how the whole series of hearings played out. About 250 people were present at the hearing, which took place on the evening of Sept. 15. At 6 p.m., U.S. Rep. Morgan Griffith of Virginia’s 9th district, the first speaker of the evening, approached the podium. Griffith did not address any details of the Stream Protection Rule in his comments, and he provided no tangible evidence of whether or not it would achieve its intended effect. Instead, Griffith seized the opportunity to spout “war on coal” rhetoric and to accuse the rule’s supporters of caring more about mayflies than human beings.

Concluding his comments after five minutes, Rep. Griffith was on his way out of the building when Wise County resident Jane Branham confronted him and asked him to stay and listen to what his constituents had to say. Griffith declined this invitation and left promptly at 6:11 p.m.

Had Rep. Griffith stayed, he would have heard Mary Darcy from Wise who said:

Despite rules and laws, tons of waste are dumped into these waterways regularly. How does this happen? Do the states not enforce clean water regulations? Do our elected representatives turn their backs on the needs of the people with something as critical as water?

Darcy was not the only speaker to call out state agencies for repeatedly failing to enforce regulations. Diana Withen, a local high school biology teacher, implored the OSM to include clear language allowing for citizen monitoring and enforcement, stating, “We know that government budgets are tight and that regulatory agencies are going to continue to face budget cuts in the future. So allowing concerned citizens to help monitor the water quality in our streams makes sense.”

A reconstructed "stream" below a surface mine in Central Appalachia. The Stream Protection Rule is intended to safeguard streams and people by reining in the ravages of mountaintop removal.

A reconstructed “stream” below a surface mine in Central Appalachia. The Stream Protection Rule is intended to safeguard streams and people by reining in the ravages of mountaintop removal.

Countering the many citizens who spoke up for clean water were the numerous coal industry representatives that railed against the rule. But instead of addressing the rule’s content, they expended a great deal of time and energy accusing the Office of Surface Mining and President Obama of deliberately attacking coal mining for political gain.

Scott Barton, a mine superintendent at Murray Energy’s Harrison County Mine in northern West Virginia, argued that the Obama administration “hides behind the myth of global warming to justify it’s job destroying agenda. Everyone in the coal industry knows this is a lie.”

Other pro-industry, anti-regulatory speakers described the rule as a “weapon of mass destruction,” the “nuclear option” and “the last nail in the crucifixion of the coal industry.” Sadly, preference on the part of the industry and politicians for rhetoric over substance was not unique to the Big Stone Gap hearing. Much more of the same could be heard at each of the five other hearings in Charleston, Denver, Lexington Ky., Pittsburgh and St. Louis.

The public comment period for the draft Stream Protection Rule has been extended in response to industry requests and will now remain open until Oct. 26. Click here to add your voice.

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A Tennessee homecoming for energy savings

Thursday, September 17th, 2015 - posted by Amy Kelly


My family has been in Tennessee since before it was a state, and long before the practice of mountaintop removal coal mining significantly altered our landscape, compromised our waters and jeopardized the self-reliance of our people.

Re-opening Appalachian Voices’ Tennessee office in Knoxville this fall has been a homecoming for me in several ways. I am back in Tennessee after a stint in western North Carolina and Peru. My journey revealed how ingenuity can take root in often overlooked places, where environmental injustice is the prevailing theme. I am coming home to help tap the existing ingenuity in the area to strengthen the communities of Appalachian Tennessee.

As the Tennessee Energy Savings Outreach Coordinator, I’ll be working with communities served by rural electric cooperatives to institute a program that can save residents up to 40 percent on their electric bills. By doing so, we will be saving money, making our homes more healthy and comfortable, and helping grow our local economies. Not only that, energy efficiency also reduces our reliance on burning coal for electricity—the single largest contributor in the U.S. to carbon pollution and climate change.

The Southeast has 29% of the nation’s energy savings potential. So there’s lots of room for improvement, but many folks don’t have the means for to make energy efficiency upgrades in their homes. That’s where electric co-ops, as member-owned utilities, can help.

Last week, I met a family in Jefferson City that is struggling to make ends meet. They want to insulate their home so they can reduce their heating bill in the winter, but they can’t afford the cost. Energy efficiency programs like on-bill financing would help them, and they have joined our campaign to support the local co-op in offering the program.

Programs like Help My House in South Carolina and How$mart Kentucky are already demonstrating how these energy efficiency programs can significantly improve quality of life and economic development. Now, it’s Tennessee’s turn.

I’d love to hear from you. Contact me at amy.kelly [at]

We can do this together!

DENR is a “BOOR”

Tuesday, September 15th, 2015 - posted by amy

{ Editor’s Note } This op-ed by our North Carolina Campaign Coordinator Amy Adams first appeared in the News & Observer on Sept. 4.

Cleanup efforts underway at Duke Energy's Dan River plant after the 2014 coal ash spill. Photo by U.S. Fish and Wildlife Service.

Cleanup efforts underway at Duke Energy’s Dan River plant after the 2014 coal ash spill. Photo by U.S. Fish and Wildlife Service.

UPDATE: On Sept. 15, a North Carolina judge overruled the effort by DENR mentioned in this op-ed to block an agreement between Duke Energy and environmental groups that includes plans to excavate coal ash from three additional sites.

Two years ago, I was navigating the dramatic change in North Carolina’s Department of Environment and Natural Resources following the politically driven and hostile takeover of the agency by the General Assembly. The change ultimately forced me to resign as a regional supervisor with the agency. One of my complaints was DENR’s new mission statement, written by then-Secretary of Environment John Skvarla. The mission statement was so important to the new regime that our bosses gave us pop quizzes on the wording.

So let’s check in on how DENR is doing to meet its new mission. According to the “Fundamental Philosophy” section:

“Agency personnel, operating within the confines of the regulations, must always be a resource of invaluable public assistance, rather than a bureaucratic obstacle of resistance.”

The biggest issue DENR has had to deal with these last couple of years is coal ash, which affects residents from one end of the state to the other. Yet the agency has been the epitome of a “bureaucratic obstacle of resistance,” or BOOR, on the issue. The most recent BOORish behavior is the agency’s opposition to Duke Energy’s proposal to clean up coal ash above and beyond what the law requires. DENR argues this would “shortcut” the Coal Ash Management Act passed last year.

The law identifies four of Duke Energy’s coal ash pits that are particularly problematic and requires DENR to prioritize them for clean-up. It also requires the agency to rate the risk posed by the remaining coal ash sites and assign the level of cleanup, and it stipulates that any sites rated as “high risk” must be excavated and the ash disposed of in a lined landfill either on-site or off-site.

In addition to the four sites, Duke Energy, based on its own analysis, has opted to commit to the highest level cleanup at three additional sites, proposing the idea in motions filed in an ongoing legal fight among Duke Energy, DENR and environmental groups (Appalachian Voices included). DENR will not agree, clinging to a BOORish mentality that it and only it can designate sites for clean-up, and insisting that the lengthy, bureaucratic process must be followed.

Let’s check out another section of DENR’s new mission statement, titled “Fundamental Science”:

“Environmental science is quite complex, comprised of many components, and most importantly, contains diversity of opinion. In this regard, all public programs and scientific conclusions must be reflective of input from a variety of legitimate, diverse and thoughtful perspectives.”

In court filings, DENR attorneys say, “Science should inform the decision as to which impoundments are closed first.” Yes, it should. As required by law, Duke Energy is collecting and delivering to DENR information, data and scientific analysis about its coal ash pits and has been including the public in that process. It’s the same data on which the agency will make its risk rating. So here, the BOOR is failing to consider analysis by Duke Energy, not to mention the perspectives of multiple environmental nonprofits, a suite of expert attorneys, a state judge and public opinion – all of whom have agreed to the highest level of cleanup at the three additional sites – as “legitimate, diverse and thoughtful.”

DENR’s creative interpretation of its own mission statement is just one reflection of this administration’s broader hostility to the notion that public servants have a responsibility to protect the natural resources and therefore the public health and welfare of the Tar Heel state. Gov. Pat McCrory is actively promoting our shorelines as prime areas for offshore oil and gas drilling. Environment Secretary Donald Van der Vaart stands against two fundamental federal laws – the Clean Power Plan, the first-ever rule to limit carbon pollution from America’s power plants, and a 2015 clarification of the Clean Water Act to protect many more miles of streams.

Commerce Secretary Skvarla (formerly of DENR) is promoting the idea that there may be natural gas deposits in Stokes County and is campaigning for budget money, aka taxpayer dollars, to lure fracking companies to North Carolina.

With all these anti-environmental positions, DENR has become more like a fossil fuel advocacy group than environmental protector. So this is progress according to the new DENR? It is painful to witness, and I am disheartened that the leadership has changed the agency to a shell of its former self.

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Coal Ash: It’s not just toxic, it’s radioactive!

Friday, September 4th, 2015 - posted by sarah

Scientists, environmental advocates and citizens living near coal ash ponds have long been concerned about the possible radioactivity of coal ash. And rightly so. On Wednesday, Duke University released a study which shows that coal ash from all three major U.S. coal-producing basins contains radioactive contaminants.

Caroline Armijo, who grew up near Duke's coal ash ponds in Belews Creek, speaks to a crowd of other Belews Creek residents about the health problems in their community. Armijo has long wondered if radioactivity from coal ash could be contributing to health problems in the community.

Caroline Armijo, who grew up near Duke’s coal ash ponds in Belews Creek, speaks to a crowd of other Belews Creek residents about the health problems in their community. Armijo has long wondered if radioactivity from coal ash could be contributing to health problems in the community.

According to Avner Vengosh, professor of geochemistry and water quality at Duke University and contributor to the study, in addition to heavy metals found in coal ash, “we should also be looking for radioactive elements, such as radium isotopes and lead-210, and including them in our monitoring efforts.”

Currently, coal ash and contaminated groundwater leaking from coal ash ponds are not tested for radioactivity. “We don’t know how much of these contaminants are released to the environment, and how they might affect human health in areas where coal ash ponds and landfills are leaking. Our study opens the door for future evaluation of this potential risk,” Vengosh says.

The study found that the radioactivity was up to ten times higher in coal ash than in the coal it came from, and up to five times higher than average U.S. soil. The study also concluded that radioactivity is concentrated in the small particles of fly ash and that exposure to dry ash particles could also be of concern.

For some North Carolina residents living next to Duke Energy’s coal-fired power plants who remember the days when fly ash would float in the air like snow, landing on their homes and gardens, the study raises concerns about the health effects that kind of exposure had on their community. Caroline Armijo who grew up in Walnut Cove, home to Duke Energy’s Belews Creek power plant, believes the radioactivity of coal ash could be the root cause of the startling rates of cancer she’s observed in her home town.

“I applaud Duke University’s recent discovery,” says Armijo, “and pray this insight will lead us to a better understanding of the best way to clean up coal ash in our community.”

Currently, Duke Energy dumps its coal ash as a wet slurry into unlined pits, or as dry ash into landfills. At the Belews site — the largest in North Carolina – an unlined pond holds wet coal ash and a lined landfill, which is known to be leaking, holds the dry. Armijo and many others in the community want the utility to dispose of the coal ash in a way that protects them, the air and the groundwater from toxic metals — and from radioactivity.

VIDEO: “Contaminated, But Smart!”- Duke Energy’s New Coal Ash Assessment

Wednesday, August 26th, 2015 - posted by sarah

Duke Energy claims coal ash pollution stops at their boundary, impacted families angered

On Monday evening, Duke Energy released the executive statement from the company’s study assessing the groundwater contamination at two of their largest coal ash sites in North Carolina, the Allen and Buck Steam Stations in Belmont and Salisbury, respectively. Unsurprisingly, Duke Energy’s finding suggested they were likely not responsible for the contamination found in the drinking water wells of over 200 households within 1,000 feet of the company’s coal ash dumps.

From Duke’s executive summary:

Based on data obtained during this CSA, the groundwater flow direction, and the extent of exceedances of boron and sulfate, it appears that groundwater impacted by the ash basin is contained within the Duke Energy property boundary.

Check out local Belmont resident’s reaction to the the summary:

Duke Energy has not proven that contamination from ash basins isn’t moving in the direction of the neighbors’ wells. They have only said what “appears” to be the case, and while they may hope it gives them some legal cover (though that certainly remains to be seen), it does nothing to assuage the overwhelming concerns and fears of families who have been told their water is unsafe for drinking and cooking.

One glaring omission is that Duke Energy did not test for hexavalent chromium, a dangerous heavy metal and known carcinogen that has been found at high levels in dozens of private wells neighboring the utility’s coal ash dumps. According to the Charlotte Observer, Duke did not report results for hexavalent chromium because of a “a lack of time to collect and analyze the data.”

This isn’t the first time Duke Energy has neglected to test for the harmful contaminant; they have never tested for hexavalent chromium, and therefore there is no historical data on which to base their claims that the heavy metal is not migrating to neighbors’ wells from the company’s coal ash ponds.

Trivalent chromium can transform into its more toxic form, hexavalent chromium when it comes in contact with high-heat industrial processes (like burning coal). Exceedances for total chromium have been found in groundwater monitoring results conducted by Duke Energy at their property line. How much of that chromium is hexavalent is unknown.

Duke Energy’s release of the report comes on the heels of a N.C. Department of Environment and Natural Resources blog post stating that the agency has tested 24 background wells and found levels of contaminants similar to those in private wells.

Although DENR claims that the levels are similar, the agency has yet to make the actual levels public. However, at a community meeting hosted by the N.C.Department of Health and Human Services and DENR last Thursday, Dr. Ken Rudo, the state toxicologist began the meeting by disclosing the levels of hexavalent chromium found in the background wells.

Dr. Rudo revealed that of the 24 wells sampled, 23 had levels of hexavalent chromium between “non-detect” (meaning the levels are too low for labs to read) to 1.7 parts per billion (ppb). Rudo explained that in communities within 1,000 feet of Duke’s coal ash sites, 120 to 140 wells showed levels of hexavalent chromium that exceed the average levels of the background wells.

Clean Water for AllSo why are both DENR and Duke making statements that hexavalent chromium is naturally occurring when the numbers don’t necessarily demonstrate that?

The state’s health screening level for hexavalent chromium is .07 ppb. In Belmont, levels of hexavalent chromium found in wells range from .24 ppb to a whopping 5 ppb. At Thursday’s meeting, Dr. Rudo explained that the standard for hexavalent chromium is based on up-to-date science and standards in other states, and that the state health department “can defend these standards in any venue that we need to defend them.” He also warned the crowd that he is

“…much more concerned about the effects of hexavalent chromium because the science is so clear that hexavalent chromium is a chemical that has significant risk associated with it. It’s a mutagenic carcinogen, so any level can pose a risk, by definition.”

When asked by a resident if Dr. Rudo would drink her water, he firmly replied, “no”.

So where does this leave the residents who are living on bottled water? Still confused and scared about the safety of their water, nervous about their home values, wondering if they have been giving their children contaminated water to drink.

Duke Energy needs to collect data on hexavalent chromium in order to provide a more complete picture.

Peculiar Patriot Coal deal raises questions

Thursday, August 20th, 2015 - posted by Tarence Ray
A train leads up to a Patriot Coal site in Kanawha County, W.Va. Photo by Foo Conner | Jekko.

A train leads up to a Patriot Coal site in Kanawha County, W.Va. Photo by Foo Conner | Jekko.

What would a health care executive-turned-environmentalist want with the dying business of mining coal?

That’s the question some are asking after it was announced this week that Tom Clarke, a Virginia businessman, plans to acquire assets, and assume around $400 million in liabilities, from recently-bankrupt Patriot Coal through one of his companies, ERP Compliant Fuels.

The deal is part of an elaborate and untested business model that will allow ERP — an affiliate of the Virginia Conservation Legacy Fund — to continue mining Patriot permits in West Virginia, bundling this coal with “carbon offsets” accrued from planting trees, and selling these bundled products to electric utilities.

Because trees absorb atmospheric carbon, Clarke believes credits created through reforestation will help states meet carbon emissions targets set forth by the Obama administration’s Clean Power Plan. But the plan does not make clear that coal-carbon offsets will count towards states’ emissions targets.

According to The Roanoke Times, Clarke says he’s not in it for the money, but for the earth. But that isn’t clear from the available literature on ERP, which seeks to bring together a coalition of conflicting environmental and capital interests — “coal mining businesses, electric power producers, forestland owners, government, and the scientific community” — in order to reduce global CO2 emissions. In the same literature, Clarke and the ERP/VCLF tout their business partnership with Jim Justice, a notorious scofflaw mine operator who owes nearly $2 million in mine violation fines.

As if these relationships weren’t enough to raise suspicion, ERP/VCLF’s definition of a “carbon offset” is dubious. As The Roanoke Times points out:

It doesn’t matter that Clarke will target coal-fired electrical generating plants in the Ohio River Valley with his pitch, while the designated trees are in Central America and the U.S. South or would be planted in Appalachia. Carbon emissions spread in the atmosphere and the concentration evens out; a party that wants to offset its carbon output can fund tree planting or tree preservation anywhere and benefit the globe, he said.

If there’s no requirement that trees be planted on deforested land in Appalachia, what’s stopping ERP from destroying mountains and externalizing the costs onto Appalachian communities for the social mission of stopping climate change? How does ERP plan to address coal ash and mercury and the many other harmful externalities that are inflicted on communities as coal is mined, processed and burned? How will the company account for the numerous injuries, fatalities, and black lung incidences that result from both underground and surface mining? Coal’s impact goes far beyond CO2 pollution.

These are crucial questions to ask as the coal industry in central Appalachia undergoes massive structural changes. If the history of the coal industry in the region has taught us anything, it’s that we should be highly suspect of outside corporate interests looking to exploit the region’s natural resources.

This is just as true today, in an era in which investors and politicians stand to gain substantial material and social capital off of the region’s diversification.

Sen. Kaine notes concerns to FERC about Mountain Valley Pipeline

Wednesday, August 19th, 2015 - posted by guestbloggers

{ Editor’s Note } Dr. Diana Christopulos co-founded the Roanoke Valley Cool Cities Coalition, an all-volunteer nonprofit organization with almost 300 affiliates representing over 25,000 citizens. Cool Cities promotes energy conservation, energy efficiency and the transition to clean, renewable energy. This piece originally appeared on the group’s website.

Dr. Diana Christopulos

Dr. Diana Christopulos

Senator Tim Kaine recently completed a series of listening sessions in communities where Mountain Valley Pipeline proposes to build a 42-inch natural gas transmission line, meeting with “affected property owners, local elected officials, local businesses, farmers, organizations dedicated to preserving our natural resources, and numerous other concerned citizens.”

Kaine then wrote directly to the commissioners of the Federal Energy Regulatory Commission (FERC) identifying concerns about (1) minimizing impacts of any project through examination of cumulative impacts of different projects and an honest look at community benefits compared to negative impacts; and (2) the need “to empower the public to verify these efforts by ensuring that all relevant information is made available and that there is ample opportunity for public input and comment. Citizens rightly expect that process to be followed to the letter.”

In terms of impact, Kaine specifically requested that FERC clarify:

  • The level of gas demand needed to justify building a distribution branch of the MVP.
  • The steps needed to make this possible — for instance, approximately how much it would cost to build a transfer station to bring supply via a new MVP distribution branch.
  • The extent to which the gas traveling through the pipeline is likely to be exported because “the people in this area of Virginia bear the potential risks of this infrastructure and deserve to know where the gas is going.”

On the environmental front, Kaine asked the FERC to determine:

  • Whether FERC requires or encourages reroutes of the pipeline to avoid land tracts under conservation easement, which property owners understood would be protected in perpetuity.
  • What measures are being taken to prevent impacts to water resources in areas with no water access other than groundwater.
  • How the pipeline will be built to safely miss rivers along this route.
  • Where and how technology to build safely on karst topography has been demonstrated.
  • The degree of information-sharing and consultation that has taken place among FERC, the interested companies, and the National Park Service, given that the route would have to cross the Blue Ridge Parkway and the Appalachian Trail.

The Senator also noted several major process concerns and concluded by saying that he would “strongly encourage … that FERC painstakingly follow the system we have in place for evaluating infrastructure. Permitting a pipeline should involve an exhaustive process of eliminating all but the least disruptive construction options. The people whose livelihoods may be affected by a project should have ample opportunity to gather information, get their questions answered, and analyze alternatives —on a timeline conducive to participation by people for whom energy pipeline permitting is not a professional occupation. In short, simply having a public comment process is insufficient if that process is not easily accessible to the public.”

Click here for a full copy of Kaines letter.