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Appalachian Residents Push for Clean Water Protections: Cabinet’s Agreed Order Challenged for Lack of Process, Inadequate Remedies

Friday, May 17th, 2013 - posted by eric

FOR IMMEDIATE RELEASE

Appalachian Voices * Kentuckians For The Commonwealth * Kentucky Riverkeeper * Waterkeeper Alliance

CONTACTS:
• Eric Chance, Appalachian Voices, 828-262-1500, eric@appvoices.org
• Pat Banks, Kentucky Riverkeeper, 859-200-7442, kyriverkeeper@eku.edu
• Peter Harrison, Waterkeeper Alliance, 828-582-0422, pharrison@waterkeeper.org
• Ted Withrow, Kentuckians For The Commonwealth, 606-784-6885 or 606-782-0998, tfwithrow@windstream.net

Frankfort Kentucky-Continuing their campaign to make sure Kentucky’s water is safe for everyone, several groups have challenged plans by the Beshear administration to let Frasure Creek Mining “off the hook” for repeated violations of the Clean Water Act.

Appalachian Voices, Waterkeeper Alliance, Kentuckians For The Commonwealth, Kentucky Riverkeeper and several individuals (the petitioners) asked the Franklin Circuit Court Thursday to vacate an Agreed Order signed in April by Environment and Energy Cabinet Secretary Len Peters that claims to resolve all recent water quality violations by the company.

They point out that the settlement “is inadequate to address Frasure Creek’s pollution problems and prevent such harms from occurring in the future.” They called the administration’s action “arbitrary and capricious, an abuse of discretion, contrary to law, and not supported by substantial evidence.”

“This settlement lets Frasure Creek off the hook for thousands of water quality violations,” explained Eric Chance, a water quality specialist with Appalachian Voices. “For years Frasure Creek had been submitting false monitoring reports. During that time they never reported any water quality problems. After we exposed these false reports, they began using more reputable labs and started showing hundreds of water quality violations every month.

“Over the past few years Frasure Creek’s water discharges haven’t really improved and I don’t expect there to be any improvements in the water coming off Frasure’s mines from this settlement,” Chance added.

“Clean water is not just a good idea. Clean water is critical to our health and well being,” said Pat Banks with Kentucky Riverkeeper. “We have learned that we cannot be complacent. The Clean Water Act enforces the notion that if companies are out of compliance and enforcement by the state fails, then citizens can and must step in to protect our waters. That’s what we are doing here.”

The petitioners also point out that they were granted full party status in the administrative enforcement case but were shut out of negotiations between the Cabinet and Frasure Creek that resulted in the final Agreed Order.

“The Cabinet has once again systematically excluded Kentucky citizens who are fighting to protect the water they use. After bringing Frasure Creek’s false reporting and pollution to the Cabinet’s attention, the Cabinet has tried, at every step, to sweep this matter under the rug and quickly settle with the company and exclude citizens from the process,” said Mary Cromer, with the Appalachian Citizens Law Center and one of the attorneys representing the petitioners. “We bring suit against the Cabinet for failing to do what’s necessary to ensure that Frasure Creek’s pollution is cleaned up and for excluding the citizens from their rightful roles as co-enforcers of the Clean Water Act.”

“We as citizens have the right to intervene and see and participate in this process,” explained Ted Withrow with Kentuckians For The Commonwealth. “Yet the Cabinet continues to ignore the law and shield another coal company from any meaningful enforcement. This Agreed Order was done behind closed doors shutting citizens out, even though we had full rights to be part of the process.”

BACKGROUND

In June 2011, the petitioners filed a 60-day Notice of Intent to Sue, documenting more than 2,800 violations of the Clean Water Act by Frasure Creek in the first three months of 2011. After conducting its own investigation, the Cabinet filed an internal administrative enforcement action alleging many of these same violations.

In November 2011, the petitioners were granted full intervention status.

However, the Cabinet conducted negotiations with Frasure Creek without notice to and participation by the intervenors, resulting in the Agreed Order signed by Peters. Kentucky law prohibits the entry of an Agreed Order without the consent of each and every full party to the Administrative Proceeding.

The violations in this case are similar to those in a 2010 lawsuit pending in Franklin Circuit Court, in that older case false reporting made it impossible to identify pollution problems like the ones at issue in this case. In the original lawsuit, the Cabinet filed an enforcement action against Frasure Creek in Franklin Circuit Court after the same petitioners made public thousands of Clean Water Act violations. In that case, the court granted the petitioners full intervention status. So in the 2011 case, the Cabinet took a different enforcement route to avoid public intervention. However, the administrative judge also granted full intervention status.

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Groups Petition U.S. EPA for Water Quality Standard in Appalachia to Protect Communities from Mountaintop Removal Mining Pollution

Tuesday, May 7th, 2013 - posted by Cat

FOR IMMEDIATE RELEASE

Contacts:
Liz Judge, Earthjustice, 202-797-5237, ljudge@earthjustice.org
Cat McCue, Appalachian Voices, 434-293-6373, cat@appvoices.org

WASHINGTON, D.C. — Yesterday afternoon, a coalition of Appalachian and national groups pressed the Environmental Protection Agency for stronger protection for their waters from the most extreme form of coal mining, mountaintop removal.

In a formal petition for rulemaking, 17 Appalachian local, regional, and national groups are petitioning the EPA to set a numeric water quality standard under the Clean Water Act to protect streams in Kentucky, West Virginia, Virginia, Tennessee, Ohio, and Pennsylvania from pollution caused by mountaintop removal mining. This petition is backed by robust scientific studies that demonstrate that the dumping of mountaintop removal mining waste leads to harmful levels of conductivity – the ability of a waterway to conduct an electric current. Elevated conductivity is toxic to aquatic life, and studies show it is having an extreme ecological effect on Appalachian waters and streams.

This petition comes during the eighth annual End Mountaintop Removal Week in Washington, as citizens from all over Appalachia gather in the nation’s capital to demand protections for their communities and an end to mountaintop removal.

The following groups joined the petition: Earthjustice, Appalachian Voices, West Virginia Highlands Conservancy, Kentucky Waterways Alliance, Coal River Mountain Watch, Ohio Valley Environmental Coalition, Statewide Organizing for Community eMpowerment, Southern Appalachian Mountain Stewards, Kentuckians For The Commonwealth, Tennessee Clean Water Network, Defenders of Wildlife, Sierra Club, Appalachian Mountain Advocates, Public Justice, Natural Resources Defense Council, National Wildlife Federation, West Virginia Rivers Coalition.

The following are statements from petitioners:

Earthjustice attorney Jennifer Chavez:
“For years, EPA stood by while states failed to protect water quality and local communities, and more and more mines dumped harmful waste into vital mountain streams. Now that EPA has finally recognized that science shows devastating harm occurs to waters when mountaintop removal mines dump their waste, the time has finally come for EPA to take the next natural step and set a strong federal standard to safeguard vital waterways, once and for all.”

Appalachian Voices executive director Tom Cormons:
“So much of Appalachia’s heritage and future are connected to the streams that run from the mountains, through backyards and towns, and on to form major rivers. Mountaintop removal coal mining has devastating impacts on these waters and communities, and EPA has a duty to protect them through a science-based standard.”

Kentucky Waterways Alliance executive director Judy Petersen:
“We need federal action – now. While our state agency has refused to put limits on conductivity into mine permits, their own data clearly indicates just how desperate the situation is. According to the state of Kentucky as of 2010 only 6 percent of Appalachian rivers and streams fully support aquatic life, and that figure is smaller every time they report a new assessment. Furthermore, the state reports the top three causes (pollutants) affecting water quality for aquatic life use are sedimentation/siltation, total dissolved solids and specific conductance or conductivity, which are all related to surface mining operations. We can wait no longer while streams and the water that flows through our communities are destroyed and degraded.”

West Virginia Highlands Conservancy mining board chair Cindy Rank:
“The Clean Water Act requires EPA to uphold the quality and integrity of the waters of the nation. There is strong scientific evidence that biologic impairment of streams is often caused by pollutants for which there are currently no enforceable numeric standard. State politics and industry pressure have so far failed to end this pollution without such a standard and more and more streams and communities who rely on those waters are left vulnerable. We need EPA to act now.”

Coal River Mountain Watch executive director Vernon Haltom:
“Mountaintop removal pollutes the air, water, and land and thereby threatens the health of people living in its shadow. We need the EPA to protect our water with a strong conductivity standard because we cannot rely on the whims and lackadaisical approach taken by our ineffective state regulators.”

Ohio Valley Environmental Coalition project coordinator Vivian Stockman:
“Our state government and the coal industry have ignored the fact that streams polluted by mountaintop removal operations don’t just imperil aquatic life and birds that eat fish. Studies show that human health is at risk, too. That’s why we need EPA to step in and set strong new rules.”

Statewide Organizing for Community eMpowerment (SOCM) Committee for E3 (Energy, Ecology, and Environmental Justice) Chair Ann League:
“I believe that establishing a strong conductivity water quality standard is an important step that EPA must take to address the downstream effects of surface coal mining in Appalachia. It is imperative that EPA takes immediate steps to protect the communities of Appalachia from destructive extraction processes.”

Sierra Club Beyond Coal campaign director Mary Anne Hitt:
“The EPA must act now to protect Appalachia’s people and their water. Elected officials in Appalachian states have demonstrated that their primary concern is doing the coal companies’ bidding, not serving the needs of their own constituents. Only EPA’s leadership can protect our water from coal mining pollution.”

Natural Resources Defense Council senior attorney Jon Devine:
“Scientists tell us that mountaintop removal coal mining pollutes streams and harms aquatic life, and EPA experts agree. Today, we’re demanding that EPA follow the science by taking action to protect Appalachian waterways and those that depend on them.”

Kentuckians For The Commonwealth member Rick Handshoe:
This conductivity guidance – based on scientific evidence – gives us the first sign that something may be wrong with our water. I’ve tested a creek where the water was crystal clear but the conductivity meter ran over 4000 microsiemens. That told me something was wrong, and after further testing was done we saw how bad it was – some of the other pollutant levels were 100 times the water standards. Everything in the stream is dead because Kentucky officials are not doing their jobs. We need federal action immediately if we are to have any hope that our streams will one day recover.”

Appalachian Mountain Advocates executive director Joe Lovett:
“The science backing conductivity as a reliable measure of harmful contamination of streams by mountaintop removal mining is clear, and if science was the only guide, there is no doubt numeric limits on conductivity would have been put into federal regulations years ago. Science, not politics, should be what guides the EPA. The EPA should, at long last, act to make these limits enforceable.”

Earthjustice ▪ Appalachian Voices ▪ West Virginia Highlands Conservancy ▪
Kentucky Waterways Alliance ▪Coal River Mountain Watch ▪ Ohio Valley Environmental Coalition ▪ Southern Appalachian Mountain Stewards ▪ Kentuckians For The Commonwealth ▪
Appalachian Mountain Advocates ▪ Public Justice ▪ Natural Resources Defense Council ▪
Tennessee Clean Water Network ▪ Defenders of Wildlife ▪ Sierra Club ▪
National Wildlife Federation ▪ West Virginia Rivers Coalition ▪
Statewide Organizing for Community eMpowerment

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Appalachian Voices Launches Program to Save Energy and Promote Jobs in Appalachia // Policy Expert Tapped to Lead New Initiative

Wednesday, May 1st, 2013 - posted by Cat

FOR IMMEDIATE RELEASE

Contact:
Cat McCue, Communications Director, 434-293-6373, cat @ appvoices.org
Rory McIlmoil, Energy Policy Director, 828-262-1500, rory @ appvoices.org

Boone, N.C. – Appalachian Voices today unveiled a new program that aims to reduce electricity costs for homeowners, stimulate job growth for local communities, and achieve a cleaner, healthier environment for the Appalachian mountain region. Rory McIlmoil, a long-time advocate for Appalachia with a background in environmental science and policy, has been hired to lead the initiative, Energy Savings for Appalachia.

The Southeast has the largest untapped energy-efficiency resource of any region in the country, with 29% of the nation’s total potential. The largely rural area of Appalachia, where homes are less energy efficient than average, holds an abundance of wasted energy. Much of this region is served by member-owned electric cooperatives and municipal electric utilities, few of which offer energy savings financing options for their members.

The Energy Savings for Appalachia program will focus on partnering with co-ops to facilitate the implementation of energy savings programs and help educate their members on the many economic, health and environmental benefits of reducing electricity consumption. The initial focus will be on North Carolina, Tennessee and Virginia, with long-range plans including Kentucky, South Carolina, Georgia and West Virginia. In addition to the work with co-ops and homeowner and business outreach, the program will also build public support for state and federal energy savings policies.

“Appalachian Voices has crafted a common-sense plan for homeowners to get the most bang for their buck on energy use, and also accelerate the growth of an energy efficiency services industry in Appalachia,” said Matt Wasson, director of programs. “Rory’s multi-faceted knowledge of the science, economics and policy of energy issues in Appalachia, and his deep roots to the mountain region make him a clear leader for helping advance these solutions.”

Improvements in residential energy efficiency include weatherizing and retrofitting homes, as well as replacing inefficient appliances. Such energy savings result in lower electricity bills, giving people more money to spend in their local economy or on other basic needs. Energy efficiency finance programs will have an especially beneficial impact in Appalachia, where residential customers of co-ops pay up to 15% more on electricity each year than the typical state resident, and the counties covered by many of these co-ops typically have a higher rate of poverty than the national average.

“I’m excited to join Appalachian Voices to help residents save money by saving energy, promote local jobs and a stronger economy, and protect the region’s natural resources,” McIlmoil said. “This work is critical for communities in developing forward-thinking solutions at a time when too many politicians seem to be looking backwards.”

This summer, the organization will launch an online Energy Savings Action Center to provide residents with information about making their home more energy efficient and reducing their electric bills while supporting a clean, local economy. The site will link to programs offered by regional electric co-ops and businesses that offer various home energy services. The action center will also track how Appalachia’s congressional representatives vote on clean energy bills and provide an online tool where citizens can send messages to their elected officials.

A descendant of West Virginia pioneers, McIlmoil received his B.S. in Earth and Environmental Science from Furman University and a Master’s in Global Environmental Policy from American University. Prior to joining Appalachian Voices, he served as the head of the energy program at West Virginia-based environmental consulting firm Downstream Strategies. Over the course of his career, McIlmoil has conducted projects for community groups, universities, local governments, and federal agencies such as the Appalachian Regional Commission and the U.S. Department of Energy. His work has included analyzing the fiscal and economic impacts of coal and other energy resources for Appalachian states, assessing the potential for developing small-scale renewable energy technologies, and developing energy efficiency and renewable energy plans for local governments.

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Appalachian Voices is an award-winning, environmental non-profit committed to protecting the natural resources of central and southern Appalachia, focusing on reducing coal’s impact on the region and advancing our vision for a cleaner energy future. Founded in 1997, we are headquartered in Boone, N.C. with offices in Charlottesville, Va.; Nashville, Tn. and Washington, D.C.

WEB: www.AppalachianVoices.org
FACEBOOK: www.Facebook.com/AppalachianVoices
TWITTER: www.twitter.com/appvoices

Steady Growth in U.S. Coal Jobs Debunks Industry’s “War on Coal” Claim

Tuesday, April 9th, 2013 - posted by Jamie G. -- AV Communications Coordinator

FOR IMMEDIATE RELEASE
April 9, 2013
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Contact:
Matt Wasson, Director of Programs, 828-262-1500, matt@appvoices.org
Cat McCue, Communications Director, 434-953-8672 (cell), cat@appvoices.org
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Washington, D.C. – The number of coal mining jobs nationally in 2011 and 2012 were at the highest level in the last 15 years, contrary to the industry’s oft-repeated accusations that the Obama administration is waging a “war on coal,” according to an analysis released today by Appalachian Voices. Using data from the federal Mine Safety and Health Administration, the organization finds that the average number of coal mining jobs under the Obama administration is 15.3 percent higher than under the Bush administration.

The group released the analysis prior to Thursday’s scheduled confirmation hearing for the president’s nominee to head the U.S. Environmental Protection Agency, Gina McCarthy, where the industry is expected to once again attack the agency’s efforts over the past several years to institute public health and environmental protections from coal-based energy.

Read the report: Growth of U.S. Coal Jobs

“These numbers show pretty clearly that the purported ‘war on coal’ is an utter fabrication,” says Matt Wasson, director of programs at Appalachian Voices. “Even as this administration and the Environmental Protection Agency are making some important steps toward controlling coal pollution — from mining, burning, and burying the waste — the job numbers nationwide have been growing.”

While the data show some variations among coal-producing states, each of the top ten has had more mining jobs on average under the Obama administration than under the Bush administration. Nine of those states saw higher coal mining employment in 2012 than at any point during the Bush years.

Wasson attributes this trend to an increase in coal exports coupled with a decrease in productivity, or amount of coal mined per worker, due largely to harder-to-reach coal seams. According to the Energy Information Agency, coal exports in the fourth quarter of 2012 were higher than the previous five-year range. Meanwhile, productivity has declined 30% since its peak in 2000. Increased underground mining explains some of the job increases, as it requires more workers per unit of production compared to mountaintop removal and other forms of surface mining.

The trend is particularly evident in Central Appalachia, where coal mining jobs increased from 28,552 in 2000 to 33,029 in 2012 (+16%) despite total coal production decreasing from 264 million short tons to 147 million short tons in the same period (-44%).

“We continue to hear industry’s cries that environmental regulations are unfair and costly. The fact is, the costs have always been there, only they’ve been borne by the people living in coal-impacted communities who can’t drink their water, who are breathing polluted air, who are suffering from cancer and heart disease,” says Wasson.

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Appalachian Voices is an award-winning, environmental non-profit committed to protecting the natural resources of central and southern Appalachia, focusing on reducing coal’s impact on the region and advancing our vision for a cleaner energy future. Founded in 1997, we are headquartered in Boone, N.C. with offices in Charlottesville, Va.; Nashville, Tenn. and Washington, D.C.

WEB: www.AppalachianVoices.org
FACEBOOK: www.Facebook.com/AppalachianVoices
TWITTER: www.twitter.com/appvoices

Lawmakers to hold hearings on Scenic Vistas bill on heels of ad campaign from conservatives

Tuesday, March 19th, 2013 - posted by brian

Press Advisory
Appalachian Voices

March 19, 2013
Contact: JW Randolph, Tennessee Director, 202-669-3670; jw@appvoices.org

“This is a golden moment for Tennessee, with elected leaders on both sides of the aisle in strong favor of this legislation to protect our mountains, our homeland, from those who would destroy it for short-term gain, whether they are from China or Chattanooga.” - JW Randolph, Tennessee director for Appalachian Voices

Nashville – Tennessee Senate and House panels are scheduled tomorrow to consider bi-partisan companion bills that protect mountain forests on the Cumberland Plateau by effectively prohibiting new surface coal mining on ridgelines above 2,000 feet.

The Scenic Vistas Protection Act is the subject of a statewide ad campaign launched today by the Tennessee Conservative Union, which supports the bill, revealing that, for the first time anywhere in the U.S., a Chinese company plans to use mountaintop removal to mine the plateau. View the ad here.

Last year, the Tennessee Senate became the first state or federal legislative body to send an anti-mountaintop removal bill to the floor. Mountaintop removal coal mining has destroyed more than 500 mountains and buried or poisoned more than 2,000 miles of streams throughout Appalachia, including Tennessee’s Cumberland Plateau.

• The Senate Energy, Agriculture and Natural Resources Committee will take up SB99 at 9:30 a.m. (CST) tomorrow.
• The House Agriculture and Natural Resources Subcommittee will take up HB43 at 1:30 p.m. (CST) tomorrow.
• The bill summary can be found here.

“This is really a golden moment for Tennessee, with elected leaders on both sides of the aisle in strong favor of this landmark legislation to protect our mountains, our homeland, from those who would destroy it for short-term gain, whether they are from China or Chattanooga,” said JW Randolph, Tennessee director for Appalachian Voices. The nonprofit group has been working on this legislation package for almost two years along with numerous other organizations from a broad spectrum of interests, including conservationists, the faith community, the tourism sector, and many others.

** JW Randolph is available by cell and email today. He has been confirmed to present testimony at the House subcommittee meeting tomorrow and will available for press statement throughout the day. **

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Appalachian Voices is an award-winning, environmental non-profit committed to protecting the natural resources of central and southern Appalachia, focusing on reducing coal’s impact on the region and advancing our vision for a cleaner energy future. Founded in 1997, we are headquartered in Boone, N.C. with offices in Charlottesville, Va.; Nashville, Tn. and Washington, D.C.

WEB: www.AppalachianVoices.org
FACEBOOK: www.Facebook.com/AppalachianVoices
TWITTER: www.twitter.com/appvoices

Virginia environmental attorney, activist takes helm of Appalachian Voices

Thursday, February 14th, 2013 - posted by Jamie G. -- AV Communications Coordinator

Tom Cormons, Executive Director

FOR IMMEDIATE RELEASE
Contact: Cat McCue, Communications Director
434-293-6373, cat@appvoices.org
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Charlottesville, Va. – Tom Cormons, who established the Virginia office of Appalachian Voices in 2007, has assumed the role of executive director of the regional nonprofit organization whose mission is to protect the land, air and water of the Appalachian mountains and transition the region to a clean energy future.

**NOTE: Cormons will be available for interviews today and throughout the week. His contact information is: Office: 434-293-6373; Email tom@appvoices.org**

Cormons brings a wealth of experience to the job, including intensive wildlife research, stints with a variety of national nonprofit groups, a leadership role in the Wise Energy for Virginia Coalition, and most recently as the deputy programs director for Appalachian Voices, where he helped develop the organization’s long-range strategic plan.

“Under Tom’s leadership, our Virginia office has grown to six staff, and Appalachian Voices is front-and-center in some of the most pressing environmental issues in Virginia,” says Board Chair Christina Howe of Boone, N.C., where the group is headquartered. “We are very fortunate to have a man of his vision and talent at the helm as we embark on the next chapter of Appalachian Voices’ journey.”

Established 15 years ago, Appalachian Voices has evolved from a small organization focused mostly on forest and air quality issues, into a regional force tackling major issues including ending mountaintop removal coal mining, reducing air and water pollution associated with the coal cycle, and transitioning Appalachian states to clean energy. It has 20 full-time staff members and four offices, and works mainly in Kentucky, North Carolina, Tennessee, Virginia and West Virginia. Appalachian Voices combines grassroots organizing, policy expertise and communications innovations to develop powerful campaigns for positive environmental change in the region.

“I joined Appalachian Voices as a member 12 years ago, inspired by its mission to protect the mountains that I love, and I am honored to now lead this organization, whose staff, board, members and partners continue to inspire me every day,” Cormons says. “I’m very motivated to help our region transition to cleaner energy and to ways of supporting people’s livelihoods that respect our natural heritage. What we do to the mountains, forests, and creeks has tremendous implications for people living here now, as well as for what we’ll be passing on to our children and their children. With three young kids myself, this is always on my mind.”

Cormons says Appalachian Voices is uniquely positioned to leverage major societal shifts now underway. While destructive forms of coal mining and processing continue to cause untold devastation and heartache in the region, Appalachian coal is in decline as the most accessible reserves are mined out. At the same time, renewable energy and smart investments in energy efficiency are emerging as viable alternatives that can generate thousands of jobs. “The whole country needs to make this transition, but in many parts of Appalachia, everything is at stake — from the fate of ancient mountains and the purity of streams and drinking water to the health and economic well-being of families and communities,” he says.

“As I’ve worked with Tom over the years, I have witnessed his thoughtful, contemplative, and intelligent work mature and shine,” says Kathy Selvage, a coal miner’s daughter in Wise County, Va., who has worked with Appalachian Voices to end mountaintop removal, and currently serves on the board. “His love of the Appalachians, its flowers and fauna, and its people and culture will be the lynchpin of his guidance. Appalachian Voices is in good hands.”

Cormons takes over from former executive director Willa Mays, who led the organization over the last four years. Mays is returning to work with the Blue Ridge Parkway Foundation, where she had worked for just a short period in 2008 before taking several years away to guide Appalachian Voices through a period of expansion.

Tom fell in love with the mountains after leaving Virginia’s eastern shore to attend the University of Virginia in Charlottesville, where he received his B.A., with Distinction, in Political and Social Thought from the University of Virginia, and his J.D. from UCLA Law School with a concentration in Public Interest Law and Policy. He clerked for the U.S. Department of Justice and the Southern Environmental Law Center before opening the Virginia office of Appalachian Voices. Before law school, Cormons conducted intensive field research on terns in Brazil with the Great Gull Island Project in New York over the course of six years, and was also a full-time whitewater and climbing guide in southern West Virginia for four seasons. He lives in Charlottesville with his wife, Heather, and their three children.

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2012 Accomplishments

In partnership with our partner groups and supported by grassroots activists, Appalachian Voices:

  • Played a major role in securing more than 130 congressional co-sponsors on the key Clean Water Protection Act, which would virtually end mountaintop removal coal mining in Appalachia, and also in thwarting the so-called “war on coal” legislation that would have gutted oversight of the Environmental Protection Agency; and garnered almost 25,000 views of our “No More Excuses” video featuring Appalachian children calling for an end to mountaintop removal;
  • Secured a landmark legal settlement in Kentucky with state regulators and one of the region’s largest coal companies based on data uncovered by Appalachian Voices showing a years-long pattern of false reporting by the companies on water quality reports that amounted to more than 10,000 violations of the Clean Water Act;
  • Vanquished what would have been the largest coal-fired power plant ever built in Virginia when the Old Dominion Electric Cooperative officially stopped seeking permits for the plant;
  • Organized across Tennessee around the Scenic Vistas Protection Act that led to the first state ever to advance a legislative measure to ban mountaintop removal coal mining; and
  • Continued strengthening citizen support in North Carolina for strong rules to protect clean water, including organizing a Clean Water not Coal Ash rally in Asheville with over 200 attendees, and launching the interactive www.SoutheastCoalAsh.org website, which garnered more than 60 press stories.

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Appalachian Voices is an award-winning, environmental non-profit committed to protecting the natural resources of central and southern Appalachia, focusing on reducing coal’s impact on the region and advancing our vision for a cleaner energy future. Founded in 1997, we are headquartered in Boone, N.C., with offices in Charlottesville, Va.; Nashville, Tenn. and Washington, D.C.

Citizens Object to State of Kentucky’s Backroom Deal With Coal Company

Friday, February 1st, 2013 - posted by eric

Appalachian Voices * Kentuckians For The Commonwealth * Kentucky Riverkeeper * Waterkeeper Alliance

Contact:
• Eric Chance, Appalachian Voices, 828-262-1500, eric@appvoices.org
• Ted Withrow, Kentuckians For The Commonwealth, 606-782-0998, tfwithrow@windstream.net
• Pat Banks, Kentucky Riverkeeper, 859-200-7442, kyriverkeeper@eku.edu
• Peter Harrison, Waterkeeper Alliance, 828-582-0422, pharrison@waterkeeper.org

Frankfort, Kentucky–A coalition of citizens’ groups hoping to protect Kentucky’s waters filed objections today to a proposed settlement between Kentucky’s Energy and Environment Cabinet and one of the state’s largest coal mining companies, Frasure Creek Mining. The agreement purports to resolve hundreds of water pollution violations from 2011 and 2012 at all of Frasure Creek’s mines across eastern Kentucky, but the groups say that the agreement will not fix the pollution problems.

“We are full parties to this enforcement action yet we had no say in it whatsoever,” said Peter Harrison of Waterkeeper Alliance. “Our names are at the top of the document as though we agreed to it, but it was crafted entirely behind closed doors without us. This is an end-run around citizens’ rights to due process. The cabinet continues to make every effort to exclude citizens and aid those who choose to dump poisonous chemicals into our water supply.”

The citizens’ groups—Appalachian Voices, Kentuckians For The Commonwealth, Kentucky Riverkeeper, Waterkeeper Alliance, and several individual citizens are represented by Mary Cromer of the Appalachian Citizens’ Law Center (Whitesburg), Lauren Waterworth of Waterworth Law Office (Boone, NC), and the Pace Law School Environmental Litigation Clinic (White Plains, NY). The groups’ members are concerned that the agreement is too lenient, and will not ensure that Frasure Creek will clean up its pollution problems.

The citizens’ objection letter, filed in the state administrative court, states:

Approval of this Agreed Order would not appropriately penalize Frasure Creek or deter future violations, but instead it punishes the citizens of Kentucky. The Agreed Order sends a message to Frasure Creek and other coal companies that they can come into Kentucky, enjoy a near amnesty from state and federal environmental regulation, plunder the state’s natural resources, annihilate mountains and destroy rivers and streams, endanger the lives of the people living downstream, all before leaving without being held accountable for the destruction they have wrought. To enter the Agreed Order would be to endorse to this shameful scam.

“It is the cabinet’s responsibility to ensure that Kentucky has safe water, not to get in bed with the companies it is supposed to regulate,” said Pat Banks, Kentucky Riverkeeper. “If these foreign companies get a slap on the wrist for the hundreds of times they broke the law, then they’ll just smile, write a little check and do it again as soon as nobody is watching.”

Frasure Creek has made numerous statements indicating that it was in financial trouble and unable to pay penalties in another settlement, but has failed to substantiate these claims and the cabinet has failed to require them to do so. Frasure Creek is owned by Essar Group, an India-based multinational conglomerate that made $15 billion last year, and projects to double its profits over the next year.

Claiming concern that Frasure Creek will declare bankruptcy and abandon unreclaimed mines, the state has agreed to waive $440,000 of the total $660,000 penalty if certain conditions are met. If Frasure Creek abandons unreclaimed mines, the bonds would be used to cover the cost of reclamation; however, the federal Office of Surface Mining has found that Kentucky does not set bond amounts high enough to cover the cost of reclamation at most mines.

“How does letting Frasure Creek off the hook for $440,000 do anything to ensure that it will reclaim its mines when it already has $54 million in bonds to cover their reclamation?” Eric Chance, water quality specialist for Appalachian Voices asks. “Given OSM’s finding that many bonds in Kentucky are insufficient for reclamation, we are concerned that Frasure Creek is purposefully using the threat of bond forfeiture to leverage a lower penalty.”

In 2010, the same citizens’ groups began a legal action against Frasure Creek for submitting blatantly false water monitoring reports. Prior to that legal action, Frasure Creek never acknowledged having pollution problems like the ones at issue here.

“The citizens of Kentucky demand that these foreign scofflaws play by the rules,” said Ted Withrow of Kentuckians For The Commonwealth. “This settlement is a license to break the law and dump poisons into our drinking water again and again. The citizens of Kentucky want an end to backroom deals and demand that we have our day in court so we can stop this sham.”

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Coal Industry Costs Virginians Millions of Dollars Every Year

Wednesday, December 12th, 2012 - posted by brian

New report suggests shifting money to diversify coalfield economies

Contact:
Rory McIlmoil, Downstream Strategies, 304-445-7200, mcilmoil@downstreamstrategies.com
Cat McCue, Appalachian Voices, 434-293-6373, cat@appvoices.org
Glen Besa, Virginia Chapter of the Sierra Club, 804-225-9113 x 104, glen.besa@sierraclub.org

Richmond, VA – The coal industry and coal-related activities cost Virginia $22 million more than was paid by these businesses in taxes, fees and other revenue to state coffers in fiscal year 2009, according to a report released today that is the first analysis of the full financial impact of the coal industry on the Commonwealth. Given the nature and extent of the costs associated with coal, and the relatively small amount of taxes collected from coal companies, it can be expected that the industry imposes a net cost on Virginia taxpayers in most years.

The single largest cost to the state in supporting the coal industry is roughly $37 million a year in tax breaks, a substantial subsidy for an industry that has been in decline for two decades. The General Assembly established the two largest tax breaks more than a decade ago with the goal of spurring growth in coal jobs and production. The report notes, however, that the credits have failed to achieve that goal as evidenced by the sharp decline in both coal jobs and production. It concludes with several recommendations for shifting the state’s funding priorities to diversifying the economy of historically coal-dependent Southwest Virginia, with a projected $320 million or more in additional money over the next two decades that could go to needed community economic development projects.

The report by Downstream Strategies, a West Virginia research and consulting firm, comes a week before the General Assembly’s Joint Subcommittee to Evaluate Tax Preferences is scheduled to meet.

“As we have seen in other states, the coal industry provides jobs and revenue for state and local governments, but in all cases, including Virginia, the cost to the state and its taxpayers from supporting the industry far exceed the revenues,” said Rory McIlmoil, the report’s lead author. “Given the scale of these costs, the decline of the industry and the need to diversify local economies, it is important for Virginia’s legislators to reconsider their priorities.” Downstream Strategies and others have conducted similar studies on the coal industry in West Virginia, Kentucky and Tennessee.

The report analyzes revenues and expenditures directly associated with the coal industry that have an impact on the state budget. Revenues from the industry include such things as the corporate income tax, and expenses paid by the state include such things as funding the Department of Mines, Minerals and Energy and maintaining roads in the coalfield counties. The report also assesses revenues and expenditures indirectly associated with employment supported by the industry, such as equipment suppliers, local restaurants and other supporting businesses.

The report also details the decline of coal production in Virginia, which has corresponded with a rise in mining costs resulting from the depletion of the thicker coal seams. As a result, coal jobs and production in Virginia have fallen to less than 50% of 1990 levels – despite the hefty tax subsidies. Additionally, the industry’s impact on state jobs and revenues is relatively negligible, accounting for less than 0.1% of state-generated revenues and approximately 0.1% of total employment in fiscal year 2009.

The Downstream Strategies report draws in part from a 2011 analysis by the Joint Legislative Audit and Review Commission (JLARC), which examined the effectiveness of tax breaks for a variety of industries. JLARC found that subsidies supporting the coal industry failed to achieve their intended purpose, noting that coal production and employment have both declined at similar or faster rates than was predicted if the credits had not been available. It also found that, on average, the coal subsidies actually allowed companies to collect cash from the state, because the law allows companies to redeem 85% of the value of any credits exceeding their tax liability. Notwithstanding these findings, the General Assembly this year extended one of the credits, the Coalfield Employment Enhancement Tax Credit, to 2017. The other credit, the Virginia Coal Employment and Production Incentive Tax Credit, has no expiration.

Major funding for the Downstream Strategies report came from the Rockefeller Family Fund, with additional funding from the Sierra Club and consultation provided by Appalachian Voices.

“Virginians are paying tens of millions of dollars in corporate welfare to fatten dividend checks for coal industry shareholders, yet what’s actually creating jobs in southwest Virginia are local economic development efforts that are woefully underfunded,” said Tom Cormons, Virginia Director for Appalachian Voices. “The report’s finding that we could more than double funding for these efforts by eliminating the coal subsidies demands that the Commonwealth think much harder about how it’s investing taxpayers’ dollars.”

“Virginia’s families can’t afford to continue propping up the coal industry through these outdated tax breaks. Instead we should ensure that communities coping with the decline of the coal industry have the resources to build stronger local economies and a brighter, more prosperous future for their children,” said Glen Besa, director of the Virginia Chapter of the Sierra Club.

The report makes several recommendations, including:

• Eliminate the two largest tax credits. The Coalfield Employment Enhancement credit and Coal Employment and Production Incentive credit have been found to be ineffective, and therefore represent a substantial loss of revenue for the state;
• Create a permanent mineral trust fund. To prepare for the projected decline in state coal production, the trust fund would help buffer against declines in coal jobs and revenues. The fund could be financed through the elimination of the two tax credits, and/or a state severance tax as other states have done with mineral extraction industries.
• Increase funding for economic development in southwest Virginia. About15% of the redeemed tax credits go to the Virginia Coalfield Economic Development Authority (VCEDA) for economic diversification. While VCEDA has created 18,600 jobs since its beginnings in 1988 (according to the Virginia Coal Association), unemployment in the region remains high. If the savings from eliminating the credits were given to VCEDA, the authority’s funding could more than double, to an average of $27 million through 2035. The report suggests requiring that a portion of VCEDA’s work focus on developing programs such as early childhood development, education, infrastructure development and workforce training, among others.

McIlmoil said that the report examined but does not account for so-called “legacy costs” resulting from past and future coal industry activity – including things like ongoing water pollution from acid mine drainage and other mining-related runoff, as well as unfunded reclamation of abandoned mines. “Understanding these costs is important because of their potential impact on the state’s ability to fund social programs and critical infrastructure, and because of their future impact on local and state economies, the environment, and the health of Virginia residents,” he said.

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Fact Sheet — The Impact of Coal on the Virginia State Budget

Coal’s decline

• Virginia’s peak in coal production occurred in 1990 at nearly 46 million tons, representing 4.5% of total U.S. coal production. Since then, Virginia’s share has fallen to 2.2%, and net annual production has declined by 45%.

• Direct coal employment in Virginia fell by 65% between 1983 and 2003 to a low of 4,535 employees at the end of this 20-year span. Since 2003, employment has rebounded slightly, increasing to 5,261 in 2011.

• Between 2000 and 2008, the real price of surface-mined coal (in 2008 dollars) rose by 70%, while the real price of underground-mined coal rose by 82%.

• Average productivity (tons per miner), which impacts coal prices, has declined by 27% since peak productivity in 2003.

• The U.S. Energy Information Administration projects that annual Central Appalachian coal production will decline by 52%, or 122 million tons below 2008 levels by 2015.

• Should Virginia coal production decline proportionately to projected regional declines, this would amount to a decline of 12.4 million tons by 2015.

Coal subsidies and the net cost to Virginia (for fiscal year 2009)

• The coal industry contributed $15.1 million in taxes to the state’s General Fund. The state spent $11.2 million on things like the Department of Mines, Minerals and Energy, maintaining roads in the coal region, and other expenses that support the industry, for a net benefit to the state of $3.9 million.

• Tax subsidies for the coal industry came to $37.4 million in foregone revenues. Of this, $14.2 million was paid to coal companies directly in the form of tax credit refunds. As a result, the industry imposed a net cost of $10.3 million on Virginia taxpayers.

• In 2009, about 4,649 Virginians were directly employed in the coal industry (miners, managers, etc). Their tax contributions totaled $23.1 million. State expenditures to support those employees were $20 million, for a net benefit to the state of $3.1 million.

• The state’s revenue stream from indirect employment, things like equipment suppliers, grocery stores and so forth was $38.3 million, while state expenditures to support those employees came in at $53.5 million. The net cost to the state was $14.7 million.

• Accounting for all revenues and expenditures associated with the coal industry, the industry imposed a net cost on the state of $21.9 million in fiscal year 2009.

Diversifying the coalfields economy

• Based on the recommendations in the report, VACEDA’s average annual funding would more than double relative to current levels, increasing by 117% from $12.5 million in 2011 to an average of $27.1 million from 2014 to 2035 (see Figure 15). Total new funding for VACEDA through 2035 would amount to approximately $320 million.

• Additionally, the remaining principal in the proposed mineral trust fund would amount to approximately $150 million, which would continue to grow and provide funding for economic diversification beyond 2035 regardless of whether coal production continues.

New Interactive Web Tool Gives Details About Southeast’s Toxic Coal Ash

Monday, December 10th, 2012 - posted by brian

Project highlights ongoing problems four years after Kingston, Tenn., disaster

Contacts:
Sandra Diaz, Appalachian Voices, 828-262-1500
Ulla Reeves, Southern Alliance for Clean Energy, 828-254-6776 x2

The Southern Alliance for Clean Energy, Appalachian Voices, Southern Environmental Law Center, and NC Conservation Network today launched the first-ever comprehensive online tool that allows Southerners to find specific information about coal ash impoundments near them. The site, www.SoutheastCoalAsh.org, includes information on the health threats associated with this toxic waste from coal-fired power plants, safety ratings of the coal ash impoundments, and how citizens can advocate for strong federal safeguards.

Nine southeastern states are covered by the site, which is being launched four years after a massive coal ash dam in Kingston, Tenn. catastrophically failed. The disaster released a billion-gallon flood of coal ash that poisoned some 300 acres, destroyed two dozen homes and filled the Emory River with toxic sludge. The coalition developed the website to call greater attention to the lurking dangers of coal ash in the South.

“The Southeast has almost 450 impoundments holding roughly 118 billion gallons ash that threatens our waterways and communities,” said Sandra Diaz with Appalachian Voices. “Some of these ash ponds are veritable man-made lakes full of toxic compounds that could wreak untold damage if dams failed. SoutheastCoalAsh.org offers concerned citizens a new and easy way to learn if their community or drinking water source is in danger from these largely unregulated coal ash impoundments.”

The website features an interactive map and database of 100 coal-fired power plants in the Southeast, color-coded by the amount of damage each would inflict if the coal ash dams were to break, according to the U.S. Environmental Protection Agency. A brief glance at the map shows how much more work needs to be done to assess these dangers – almost half of the plants in the Southeast have inadequate data for EPA to properly assess the coal ash dams at those sites. Moreover, many of the plants lack adequate water monitoring data to show whether contamination problems exist.

Notably, of those dams that are rated in the Southeast, nearly one-third are “high hazard,” meaning that a dam failure like Kingston would likely cause fatalities.

“It’s been over four years since EPA promised to properly regulate coal ash, but it remains an unregulated toxic waste largely stored in unlined impoundments, much to the detriment of drinking and recreational waters,” said Ulla Reeves with Southern Alliance for Clean Energy. “SoutheastCoalAsh.org provides citizens with the information and tools to communicate directly with EPA and their Congressional Representatives to ask for greater urgency in providing federal protection from toxic coal ash.”

Visitors to SoutheastCoalAsh.org can view the information in a variety of ways — an interactive map, aerial photos showing visually the location of coal ash ponds to water resources, fact sheets, tables — and can search for information by zip code, name of power plant, map, quantity of coal ash, name of waterway.

The site features more than a dozen informational pages detailing the health and environmental hazards of coal ash as well as the current legislative and regulatory environment, active legal battles, links to additional articles, news and more. Every coal-fired power plant in the Southeast has a site-specific page, accessible from the interactive map. One click takes the visitor deeper into the data about each plant to find out if there are any known contamination problems at the coal ash impoundment(s) on site, local action groups to contact about that plant, as well as other local, state, regional and federal actions citizens can take.

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Alabama – 44 coal ash ponds; Four of the state’s nine coal-fired power plants have yet to be inspected for dam safety, and three of the five plants that have been inspected are rated high or significant hazard.

Florida – 73 coal ash ponds; Of Florida’s 12 coal-fired power plants, only one has ash impoundments that have received a hazard rating. This does not mean that the unrated dams pose no threats to human and environmental health, only that the EPA was unable to obtain the necessary information from utilities about these impoundments.

Georgia – 41 coal ash ponds; Seven of the state’s 11 plants have been rated by the EPA for dam safety; all but one of these were found to pose a significant or high hazard to nearby communities and waterways.

Kentucky – 85 coal ash ponds; Kentucky has more coal-fired power plants than any other state in the Southeast, and ranks 5th in the nation for the amount of coal ash generated, according to an EPA and Department of Energy report.

Mississippi – 18 coal ash ponds;

North Carolina – 50 coal ash ponds; North Carolina has more high hazard coal ash impoundments than any state in the Southeast, with over half the state’s coal plants having at least one high hazard dam. North Carolina’s own dam safety inspection ratings show more high hazard dams — all but four of the state’s 14 coal fired power plants are considered high hazard by the state, according to North Carolina’s Dam Safety Engineering Division.

South Carolina – 50 coal ash ponds; Only one of the state’s 12 coal fired power plants has had its dams inspected by the EPA.

Tennessee – 44 coal ash ponds; All of the state’s eight plants have either significant or high-hazard dams. Despite being found liable for the 2008 coal ash spill by a federal court, the Tennessee Valley Authority, which owns the Kingston power plant and coal ash impoundment, recently ended efforts to dredge Emory River and are now allowing for natural processes to take place. TVA agreed to conduct annual monitoring of 200 acres for 30 years. Almost 9 percent of the 1 billion gallons of coal ash remains in the river, according to official estimates.

Virginia – 32 coal ash ponds; Only five of Virginia’s 13 power plants have been inspected for dam safety by the EPA.

Citizens To TVA: Don’t Rush to Spend $1 Billion on Dirty Coal Plant

Friday, October 19th, 2012 - posted by Cat

For Immediate Release

Contact: Jenna Garland, 404-281-6398, jenna.garland@sierraclub.org
Kim Teplitzky, 267-307-4707, kim.teplitzky@sierraclub.org

Nashville, TN – Yesterday afternoon the Tennessee Valley Authority (TVA) announced it will issue an Environmental Assessment (EA) for proposed upgrades at its Gallatin Fossil Plant outside of Nashville, Tennessee. The Sierra Club, Tennessee Clean Water Network and Appalachian Voices responded by calling on TVA not to sink over $1 billion into the aging plant for new scrubbers without fully considering cleaner and cheaper options and without adequate public input in the process.

The draft EA issued by TVA gives members of the public only thirty days to weigh in on the massive project with no opportunity for a public hearing. Instead, local and national groups are urging TVA to complete a much more comprehensive Environmental Impact Statement, extend the comment period, open up the discussions for public hearings and provide key background documents supporting its assumptions.

“Before pouring billions of dollars into a project that will only extend the life of this aging pollution source, TVA should give the people who are going to pay the bill, breathe the air and depend on the water contaminated by Gallatin the opportunity to voice our concerns and our vision for TVA’s future,” said Michelle Haynes, a Sierra Club member and resident of Gallatin. “The TVA has a responsibility to evaluate the full public health, environmental, and customer costs of this expensive decision. We have a right to information about this dirty plant in our backyard.”

Currently, TVA’s plans would raise customer bills for years to come while the plant would continue to pollute the air and the Cumberland River and threaten Old Hickory Lake with a 15-story tall landfill of hazardous coal ash, even though a recent report shows that TVA could meet its power needs with money-saving energy efficiency instead.

A recent expert report by Synapse Energy Economics showed that if TVA invested the same amount of money in energy efficiency it could replace the dirty and outdated Gallatin coal plant by 2015. Investing in energy efficiency would not only save TVA bill payers billions of dollars over the next twenty years, but help reduce dangerous air pollution as older coal plants are retired. However, TVA failed to consider energy efficiency or other clean energy sources before proposing this $1 billion plan for more dirty coal power.

“With cleaner, safer, and more affordable energy options available to us, it is vital that the TVA takes steps to fully examine a proposal that affects not just the air we breathe and the water we drink, but also how much money its customers have to pay to fund these unnecessary and hugely expensive upgrades,” said JW Randolph, Tennessee Director of Appalachian Voices. “TVA says it wants to be a leader on energy efficiency but it’s investing in more pollution. This project is taking us in the wrong direction.”

According to the Clean Air Task Force, the Gallatin coal-fired power plant contributes to 110 premature deaths, 160 heart attacks, and 1,700 asthma attacks annually.

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