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Study Shows Extensive Downstream Impacts of Mountaintop Removal Mining

Friday, July 27th, 2012 - posted by emily

A new scientific study has confirmed what most Appalachians have known all along: the damaging impacts of mountaintop removal mining extend far beyond the destructive sites themselves.

Photo by Matt Wasson, Appalachian Voices, 2010

Polluted stream in Magoffin County, KY

Researchers from Duke and Baylor Universities have found that a decade of mountaintop removal mining has destroyed the aquatic biodiversity of over 1,700 miles of streams in southern West Virginia. Dr. Emily Bernhardt, the study’s lead author, explains that while previous research has analyzed the nature of mountaintop removal’s ecological impacts, this is the first to look into exactly how far-reaching these impacts may be. And the results are not pretty:

After analyzing ten years of maps of a 7,500 square mile area, researchers were able to conclude that when 5% of the land was converted to mountaintop removal mining sites, the resulting mineral and heavy metal pollution was enough to kill so many sensitive aquatic species that 22% of the area’s streams would be considered biologically impaired under West Virginia criteria.

The study also estimates that while valley fills in the area have buried 480 miles of streams, ultimately, the pollution runoff may stretch to around 4 to 6 times as far. Given that previous research has demonstrated the impacts of mountaintop mining pollution on human health, think about what this might also mean for the people living farther downstream.

This is only the latest of many peer-reviewed, published scientific studies that have concluded that mountaintop removal mining damages Appalachia. How much longer can the coal industry and our legislators continue to bury their heads in the sand and blatantly ignore the science?

Kentucky Energy and Environment Cabinet cuts deal with Nally and Hamilton for Water Pollution Violations

Wednesday, November 23rd, 2011 - posted by eric

Last week the Kentucky Energy and Environment Cabinet entered a settlement with Nally and Hamilton Enterprises to resolve tens of thousands of violations of the Clean Water Act. The pending agreed order, originally submitted in September, was signed by the Cabinet Secretary Len Peters, now making it official.

Nally and Hamilton is one of the largest producers of Mountain Top removal Coal in Kentucky. They are also being sued by a number of citizens over flooding caused by one of their mines, which lead to a great deal of property damage and killed two people. (more…)

Wise County, Va: Local Residents March in Downtown Appalachia to Celebrate Ison Rock Ridge and Protest Mountain’s Pending Demise

Friday, May 27th, 2011 - posted by mike

This press release about today’s march is posted on behalf of our friends at the Southern Appalachian Mountain Stewards in Wise County, Va.

FOR IMMEDIATE RELEASE

Contacts:
Hannah Morgan, Sierra Club, 276-494-5686
Judiana Clark, Southern Appalachian Mountain Stewards, 276-523-3094

Local Residents March in Downtown Appalachia to Celebrate Ison Rock Ridge and Protest Mountain’s Pending Demise

Appalachia, VA – Over 50 people marched through downtown Appalachia, calling on the Environmental Protection Agency to deny the proposed surface mine permit for Ison Rock Ridge and keep the ridge standing. People marched with puppets of Ison Rock Ridge, King Coal holding Governor McDonnell and Representative Morgan Griffith, and signs saying “Keep Ison Rock Ridge Standing,” and “Friends of Mountains and Miners,” while musicians played traditional Appalachian tunes.

(more…)

Appalachia and Our Changing Planet

Friday, April 1st, 2011 - posted by jillian

By Bill Kovarik

Appalachia has always been a refuge for biodiversity.

During the last ice age 20,000 years ago, the Appalachian mountains were a Noah’s Ark for thousands of species until the glaciers receded.

In the 19th and 20th centuries, many of our own species trooped off to spend their summers in the mountains, flocking to resorts around Asheville and Boone, N.C., and the Blue Ridge in Virginia, to escape malaria and summer heat along the coasts.

Modern refugees from urban stress still seek solace in the forests and if sea levels rise as quickly as scientists are now predicting, another wave of refugees can be expected in a generation. What will be left of the forests, native species and water resources?

Can Appalachia survive climate change? Will it continue to serve its timeless role as a refuge for biodiversity? Dozens of major studies are underway to answer these questions. The initial results, as one scientist said, are grim.

Trail Hikers Will See Changes

To get an idea of how climate change may affect Appalachia, consider the Appalachian Trail. Fifty years from now, hikers will probably have to cope with higher temperatures, dried-up streams and more forest fires.

“For the present, water isn’t that serious a problem,” said Lenny Bernstein, who studied climate change for the Appalachian Trail Conservancy. “But if those supplies dry up, it’s an entirely different challenge.”

During the 2007- 2008 drought, portions of the Appalachian Trail in North Carolina had to be closed. “Was that an unusual event or a harbinger of the future?” Bernstein asked.

According to the U.S. Global Change Research Program, climate history shows the southeast has become hotter and drier since the 1970s. In the past 30 years, for most of the Appalachian region, five to 15 fewer days of freezing have been recorded per winter.

Climate models project continued warming and far less rainfall.

“It is disconcerting,” Bernstein said. “If those projections are real, and that’s where the future is, then 2008 is not going to be unusual.”

More and Larger Forest Fires

Projections of severe climate change show much drier conditions over the southern end of the Appalachian Trail, with 8 inches less rainfall every year. Eventually, it might not be safe or even possible to hike the entire trail from Georgia to Maine.

A dramatic rise in large forest fires nationwide over the past 30 years is documented in the Quadrennial Fire Review (QFR) of 2009. Where there had been about 50 large fires (over 50,000 acres) in the 1979 – 1989 period, there were over 225 nationwide in the 1999 – 2008 period.

“The effects of climate change will continue to result in greater probability of longer and bigger fire seasons, in more regions in the nation,” the QFR report stated. “Drought effects in the southeast, southwest and west will make these areas especially vulnerable in terms of fire risk.”

Biodiversity Under Siege

As summers grow hotter and drier, it’s likely that Appalachia’s stressed forests will harbor fewer birds and animals, and that a migration of many species to cooler climates will take place. However, its not easy to separate climate impacts from the already serious impacts of habitat encroachment and mountaintop removal coal mining.

From flying squirrels to bog turtles, Appalachia provides a home to an extraordinary diversity of species. It is considered to be one of the world’s great centers of biodiversity. Only two years ago, biologists found an entirely new genus of salamander – the first new vertebrate genus to be discovered in the United States in half a century. Salamanders, however, are on the decline. In a 2010 journal article, JR Milanovich and colleagues found that climate change threatens “significant projected loss of habitat for many salamander species that currently occupy the Appalachian Highlands.”

Native trout are also endangered, according to a “grim prognosis” by Patricia Flebbe, research biologist for the U.S. Forest Service. Between 53 and 97 percent of wild trout populations in the southern Appalachians could die out as streams become warmer, Flebbe and other Forest Service researchers said. Trout are coldwater species that depend on relatively low stream temperatures to survive. “Trout are already at the southern limit of their range,” Flebbe said. “Suitable habitat area will shrink and become much more fragmented as the climate becomes increasingly warm.”

Forest service researchers say that climate change will likely pose a severe threat to Fraser fir, Balsam fir and Carolina hemlock of the central and southern Appalachians. These species occur in higher elevations and are also currently under siege from exotic pests like the woolly adelgid. Other tree species — the Table Mountain pine, Red spruce and Striped maple — may survive in the north, but face extinction in central and southern Appalachia as a result of changing climate conditions.

Many studies on the impacts of climate change focus on single species, but broader studies of ecosystems also reflect high risks. The types of animals that will be hardest hit are those that are narrowly distributed in habitat, according to Mark Schwartz and colleagues writing in the journal Climate. Focusing on trees and birds of the eastern United States, the scientists found that extinction vulnerability increases for species that are not as widely distributed.

It is this vulnerability which gives some grave pause about the future of Appalachia in the face of our changing climate.

* Charts from United States Global Change Research Program, www.globalchange.gov

Great New Post about our Fight against Big Coal in Kentucky

Wednesday, March 16th, 2011 - posted by eric

We would like to thank Daily Kos and DWG for writing an awesome article about our ongoing legal battle with 3 coal companies and the state regulatory agency in Kentucky. Check out the article here.

Another Coal Company on the Run

Thursday, March 10th, 2011 - posted by eric

Yesterday we announced our intent to sue Nally and Hamilton Enterprises for more than 12,000 violations of the clean water act at more than a dozen of its strip mines in Eastern Kentucky. Click here for more information on that action.

Later in the day we noticed something odd about their website, it was gone. In its place was a slideshow of mostly green reclamation sites and by this morning even that was gone. Click here to see if they have anything on their site now. Luckily we acted quickly and were able to capture their old website, so we thought we would share it here. However, one big question still remains, why are they trying to hide? Any ideas? We look forward to your comments.

Click to enlarge images, then click again to make them full size:

Home Page

Locations

Blasting

Awards

Photo Gallery

There was one more page, under the History tab but this page just repeated the text on the homepage, so just go to the homepage.

See James Bruggers’ article on this amazing disappearing website.

Another Kentucky Coal Company Falsifies Water Monitoring Data

Wednesday, March 9th, 2011 - posted by eric

Working in coalition with national and state-wide environmental and social justice groups, we are once again seeking justice for clean water in Appalachia.

At 2pm today, Appalachian Voices and partners announced an intent to sue yet another coal company in Kentucky for violations of the Clean Water Act – this time with a single outfit wracking up more than 12,000 violations.

The company named in this newest suit is Nally & Hamilton, a mining operation based in Bardstown, KY and is one of the largest mining companies in eastern Kentucky.

Nally & Hamilton is not known for being a good neighbor to local residents. In one instance, ex-coal miner Elmer Lloyd’s fish pond in Cumberland, Ky was completely destroyed by toxins, sediment, and mud flowing from a Nally & Hamilton owned strip mine above his home.

The notice against Nally and Hamilton alleges that the company may have filed false, potentially fraudulent, water monitoring reports with the state over the past three years, including cutting and pasting previous data in later reports in lieu of submitting actual data for each month. The suit also claims that the company repeatedly omitted legally-required data from its reports.

Appalachian Voices and its partners previously sued two other coal companies late last year in a legal case that has had as many twists and tangles as an errant patch of kudzu. That case currently has a court date set of June 14.

Appalachian Voices and partners, including Kentuckians for the Commonwealth, the Kentucky Riverkeeper, the Waterkeeper Alliance, teamed up with lawyers from Natural Resources Defense Council on this case.

Nally & Hamilton and the state government have 60 days to respond to the allegations.

Boone Limits Coal Tar Sealants- Fish and River Lovers Celebrate

Wednesday, February 16th, 2011 - posted by eric

Last night (February 15) the Boone Town Council passed strict new regulations aimed to limit the impacts of coal tar based asphalt sealants.

Coal tar based asphalt sealants are terrible for the environment and have serious human health effects because they are a major source of polycyclic aromatic hydrocarbons (PAHs). If you have ever stood in a parking lot that is really black, that is coal tar asphalt sealant, and if it smelled like tar or weird chemicals, those are the PAHs. There is really no reason to use this type of sealant, because asphalt based sealants are the same price and are far less toxic.

Although, the regulations do not outright ban the use of coal tar sealants, they do make it much more difficult. The regulations set up a permitting process, for anyone wishing to apply a pavement sealant. There will be a minimal fee for non coal tar based sealants, and a much higher fee for coal tar sealants. The permitting process is designed to allow for education on pavement sealants, and to ensure that sealants are applied in a safe manner (like when there is no chance of rain). The new permitting process will be implemented April 1, to allow for time to develop education materials and finalize the fee structure.

These new regulations are in response to the Hodges Creek fish kill. This past summer the BB&T on Highway 105 in Boone applied coal tar based asphalt sealant to their parking lot in the rain. The sealant washed off into Hodges Creek, killing all life in the creek until its confluence with Boone Creek, near the mall, 1.5 miles downstream. Shea Tuberty of Appalachian State told the town council that he had done sampling in Hodges Creek in January, little life has returned to the Creek, six months after the spill.

Thanks to everyone who came out to the town council to stand up for clean streams!

Great News for Clean Water in Kentucky

Friday, February 11th, 2011 - posted by eric

In a precedent setting move today, Judge Phillip Shepherd granted limited intervention rights to Appalachian Voices, KFTC, the Kentucky Riverkeeper and Waterkeeper Alliance in the Kentucky Energy and Environment Cabinet’s Case against International Coal Group (ICG) and Frasure Creek Mining.

Cartoon

Here is the full press release:

FOR IMMEDIATE RELEASE

Judge grants environmental groups the right to
intervene in Kentucky Clean Water Act case

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CONTACTS
Donna Lisenby…. 704-277-6055…. donna@appvoices.org
Sandra Diaz….407-739-6465…. sandra@appvoices.org
- – - – - – - – - – - – - – - – - – - – - – - – - – -

A Kentucky judge today granted environmental groups a motion to intervene in a legal case against two coal companies in violation of the Clean Water Act.

State Court Judge Phillip Shepherd set a precedent by issuing an order granting four environmental groups’ motion to intervene in a lawsuit between the State Energy and Environment Cabinet and defendants, ICG and Frasure Creek Mining, the two largest coal companies in Kentucky. The ruling marks the first time a third party intervention has been allowed in a state proceeding between a potential Clean Water Act violator and a state agency in Kentucky.

The plaintiffs in the case include Appalachian Voices, Kentuckians for the Commonwealth, Kentucky Riverkeeper and Waterkeeper Alliance as well as four individual citizens.

Saying it would be “an abuse of discretion to deny those citizens and environmental groups the right to participate in this action,” Judge Shepherd ordered that the groups be allowed to fully participate in the legal proceedings leading up to a June 14th hearing on whether the proposed settlement between the Cabinet and the coal companies is “fair, adequate, and reasonable, as well as consistent with the public interest.”

“We look forward to working cooperatively with the Kentucky Energy and Environment Cabinet to execute the Judge’s orders to conduct additional inquiry and get to the bottom of this case,” said Donna Lisenby, Director of Water Programs for Appalachian Voices.

The case was brought against the coal companies by the Kentucky Energy and Environment Cabinet in December, in response to a 60-day Notice of Intent to Sue filed by the environmental groups in October 2010. The original notice alleged 20,000 violations of the Clean Water Act, with potential fines of $740 million for the companies. The Cabinet’s proposed settlement attempted to fine the coal companies a combined total of only $660,000.

The environmental groups moved to intervene in the proposed settlement between the state and the coal companies, providing evidence that the state’s plan did not sufficiently address the alleged violations or deter future violations. The judge ordered the Kentucky Energy and Environment Cabinet to allow public comments on the case, eventually receiving many letters from citizens across the state.

Judge Phillips summed up the key reasons for granting the intervention in his order, stating “The Cabinet, by its own admission, has ignored these admitted violations for years. The citizens who brought these violations to light through their own efforts have the legal right to be heard when the Cabinet seeks judicial approval of a resolution of the environmental violations that were exposed through the efforts of these citizens. In these circumstances, it would be an abuse of discretion to deny those citizens and environmental groups the right to participate in this action, and to test whether the proposed consent decree is “fair, adequate, and reasonable, as well as consistent with the public interest.”

“We are very pleased with the decision, which will allow us to conduct depositions and other discovery,” said Peter Harrison, a third year law student with the Pace Environmental Litigation Clinic who argued on behalf of the environmental organizations and citizens in court last month. “By allowing our intervention, the judge has ensured that the people’s interest in clean, healthy waters will be adequately represented as we move forward.”

“Enforcement of clean water laws, enacted to protect the public from harmful pollution, was intended to be a transparent process,” said Attorney Mary Cromer of the Appalachian Citizens’ Law Center and counsel for the plantiffs. “By allowing intervention, the Court has made sure that will be the case. This is a major victory for the citizens of Kentucky.”

Community members like Ted Withrow, a member of Kentuckians for the Commonwealth, were encouraged by the decision. “For over 100 years the people of Kentucky have been blocked by King Coal and the government they control, from redress of wrongs inflicted upon them,” said Withrow. “Judge Shepherd is to be commended for his brave action in upholding the rights of the people. He has put his finger on the scales of justice today and attempted to bring balance.”

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For interviews and images, please contact sandra@appvoices.org.
Visit www.appvoices.org/kylitigation/ for details.
For video from the court room in January, please see: Kentucky Legal Action Update

Come Out and Fight for Clean Water

Friday, February 4th, 2011 - posted by eric

Attention Boonies!

Come out this Monday night to support strong new regulations on coal tar based asphalt sealants, the source of the Hodges Creek fish kill last summer.

The Boone Town Council will be having a public hearing on Monday, February 7th at 7:00pm at the Boone Town Council Chambers (next to the police station on 321 and in front of K-mart). We need everyone to come out and speak in favor of a newly proposed ban on coal tar based asphalt sealants, in the town of Boone. If you don’t want to speak that’s ok too, just come out to show your support.

Here is the proposed new rule.

Help keep this from ever happening again: