Follow Us on Twitter: Appalachian Voices | iLoveMountains.org

Archive for the ‘Coal Report’ Category

EPA Gets Its Day in Court: Hearings Begin on Spruce Mine No. 1 Appeal

Tuesday, April 16th, 2013 - posted by Jil

By Brian Sewell

Dozens of coal industry groups and environmental organizations crowded into a Washington, D.C., courtroom on March 14 for the latest chapter of a long legal battle. A three-judge panel heard arguments on the legality of the U.S. Environmental Protection Agency’s decision to veto permits for one of the largest mountaintop removal coal mines ever proposed in Appalachia.

The original permits for Mingo County Coal’s Spruce Mine No. 1 were approved by the U.S. Army Corps of Engineers in 2007 after the company addressed EPA concerns by reducing the size of the permit by 835 acres. In 2011, however, the EPA revoked the permits, citing unacceptable damage to water quality. The agency said permitted valley fills at the mine would bury more than six miles of streams with millions of tons of mining waste, eliminating all fish, small invertebrates, salamanders and other wildlife.

The action received swift condemnation from Appalachian politicians and was challenged immediately by the National Mining Association. On March 23, 2012, the veto was overturned in a D.C. District Court. In her decision, Judge Amy Berman Jackson wrote that the EPA’s attempt to veto permits after they had been issued is “unprecedented in the history of the Clean Water Act.” The EPA is back in court appealing the decision to overturn its veto.

Lawyers representing Mingo County Coal, a subsidiary of St. Louis-based Arch Coal, argue that if the EPA’s veto stands, it will “create uncertainty, hinder investments and stifle economic growth in the region.” The EPA maintains that such concerns are unfounded because it has only retroactively rescinded two other permits in the 40 years since the Clean Water Act created the permitting process.

Arguments made on the EPA’s behalf by the Justice Department maintain that the agency’s role is not to duplicate the Corps’ responsibilities, but “to exercise independent judgment, based on the record, when deciding under Section 404 of the Clean Water Act whether adverse effects to waters of the United States will occur and whether or not these effects are acceptable.”

The court’s decision could have implications for the approval of valley fill permits at surface mines by deciding just how much environmental damage is “unacceptable” when it comes to mountaintop removal.

Tuesday, April 16th, 2013 - posted by Jil

OSM Approves Expansion of Appalachia’s Largest Slurry Impoundment

The Federal Office of Surface Mining recently approved an expansion of the Brushy Fork impoundment in West Virginia — one of the largest slurry disposal sites in the country — to hold two billion more gallons of the waste produced from washing coal. Unless the West Virginia Dept. of Environmental Protection denies the expansion, the earthen dam holding back billions of gallons of coal waste will expand to nearly 750-feet tall, larger than the Hoover Dam.

Photo by Vivian Stockman

Virginia Transportation Board OKs Coalfields Expressway

In February, Virginia’s Commonwealth Transportation Board approved two sections of the Coalfields Expressway despite environmental impacts and public concerns that the route will bypass communities that could possibly benefit from the highway project. Proposed by Alpha Natural Resources, the four-lane highway project would begin as a 26-mile mountaintop removal coal mine. By proposing a public-private partnership with the Virginia Department of Transportation, Alpha Natural Resources substantially reduced VDOT’s estimated costs. The project is under review by the Federal Highway Administration, which will either give VDOT approval to move forward with construction, or require a supplemental environmental study.

More Research Links Mountaintop Removal and Poor Health

A recent study focused in eastern Kentucky is the latest in a line of research by West Virginia University’s Dr. Michael Hendryx linking mountaintop removal to poor health in nearby communities. Published in the online “Journal of Rural Health,” the article compares survey responses gathered in counties where mountaintop removal occurs to counties where it does not. After ruling out factors including tobacco use, income, education and obesity, the study found that residents of Floyd County, Ky., suffer a 54 percent higher rate of death from cancer than residents of nearby Elliott and Rowan counties. Previous studies have found that cancers and other health problems increase with the amount of mining that occurs nearby. Researchers recommend that a more comprehensive study measure air and water quality to reveal exposure to pollutants.

Greenhouse Gas Rules May Have to Wait

The announcement of the EPA’s long-awaited plan to regulate carbon emissions from existing power plants last spring brought cheers from environmental groups and added to fervorous accusations of an Obama-led “war on coal.” Now that the deadline for the rule has arrived, the agency is likely to revisit its provisions and limits. As proposed, the rule would impact new power plants and permitted plants that have not begun construction by limiting carbon emissions to 1,000 pounds per megawatt-hour of electrical output — a level unlikely to be met by coal-fired power plants. Regardless of when the rule is finalized, it is almost certain to be challenged by the coal industry and receive substantial congressional attention. The delay comes as abundant natural gas is causing coal plant retirements and making the construction of new coal-fired units uneconomical. The EPA will likely reintroduce the rule for another round of public comments.

Selenium Spillover: Pollutant Poses Growing Risks to Ecosystems and the Coal Industry

Tuesday, April 16th, 2013 - posted by Jil
By Brian Sewell

Last year, when the bankrupt Patriot Coal Corp. agreed to phase out mountaintop removal coal mining as part of a settlement with environmental groups, it was partially because the company was on the hook for more than $400 million in fines to clean up selenium pollution from several of its surface mines.

Increasingly, selenium is becoming a liability for coal companies in Appalachia. The element occurs naturally in different concentrations around the world and is found in everyday products ranging from anti-dandruff shampoo to vitamin supplements. But when it is exposed through coal mining, combustion and other industrial and agricultural activities, selenium puts aquatic ecosystems, along with birds, mammals and humans, at risk.

Selenium bioaccumulates as it moves up the food chain. People are exposed to toxic levels by eating contaminated fish or drinking from impaired waterways such as West Virginia’s Mud River. A 2003 report described the polluted river as being on “the brink of a major toxic event” due to selenium pollution from Patriot’s Hobet Mining complex, which it has been since.

In the wake of a series of lawsuits against Patriot alleging violations of permitted selenium limits at several surface mines, opponents of mountaintop removal hope the financial liability of selenium pollution will spill over, potentially making mountaintop removal altogether too risky. Supporters of surface mining, however, are keenly aware of the situation, and states where mountaintop removal occurs are taking steps to weaken selenium standards to lessen the risk of lawsuits that could result in devastating fines.

“The bankruptcy of Patriot Coal illustrates the danger of managing selenium compliance in the courtroom rather than in the boardroom,” says Ben Collins, a research and policy campaigner at the environmental advocacy group Rainforest Action Network. A report authored by Collins in February focused on the potential cost to Appalachian coal-mining giant Alpha Natural Resources from lawsuits alleging selenium contamination downstream from the company’s surface mines.

The report states that monitoring at Alpha’s surface mines between 2005 and 2010 identified 989 instances of selenium levels above federal guidelines. While Alpha reports selenium monitoring data to West Virginia environmental regulators, it is not disclosed to investors in the company’s sustainability reporting.

“Alpha can leave its exposure to selenium non-compliance risk to be handled by its lawyers,” Collins says, “but it does so at considerable risk to its investors.”

Selenium pollution is far from an isolated problem. In late March, the largest coal company operating in British Columbia’s Elk Valley announced it will spend $600 million over the next five years to develop a plan to prevent selenium pollution, which it predicts will add $6 per ton of coal mined. Until then, no new mine permits will be approved in the valley.

In Central Appalachia, lawmakers have shown they would rather weaken water quality standards to help put discharges at mountaintop removal mines in compliance.

In February, after a 30-day comment period for its three-year review of water quality standards ended, the Kentucky Division of Water attempted to raise the criteria for selenium toxicity to greater than ten times current standards.

Before a bill to require the West Virginia Department of Environmental Protection to back away from federal standards and develop state specific rules for selenium passed the House of Delegates 99-0, House Judiciary Chairman Tim Miley called the bill “an important one for the coal industry.”

“There is no scientific foundation for this change,” Dan Radmacher of Appalachian Mountain Advocates wrote in the Lexington-Herald. “Only the corrupting influence of a declining industry could lead officials who are supposed to protect the environment and people of Kentucky and West Virginia to protect profits instead.”

Just as opponents of mountaintop removal strive to capitalize on the financial liabilities associated with selenium, the coal industry and its supporters are looking for an escape route. If they succeed, Radmacher warns, sooner or later the public will be forced to pay to clean up the problem.

“Always remember this: If public officials and regulators help the coal industry successfully evade these costs, the liability will almost certainly end up on citizens.”

Appalachian States Reconsider the Role of Coal Severance Taxes

Wednesday, February 13th, 2013 - posted by Jil

By Brian Sewell

Lawmakers in Central Appalachia are seeking legislative solutions to counter declining severance tax revenue after decades of natural resource extraction.

Although not all of the counties in coal-producing states in Appalachia have minable coal, they all benefit from severance taxes, which generate millions of dollars used to improve roads, build flood controls and extend and improve natural gas and electrical infrastructure. New proposals hope to provide coal-producing counties with a larger share of revenue and the means to maintain local services and fund future projects.

According to the U.S. Census Bureau, severance tax collections in West Virginia for 2010 represented nearly nine percent of state revenue, with 88 percent coming from coal. The same year in Kentucky, severance taxes totaled three percent of all revenue, with 83 percent from coal production. Tennessee, Virginia and Ohio also levy severance taxes on natural resources, but rely less on extractive industries for public funds.

As the legislative session began, lawmakers in Kentucky wasted no time before introducing legislation to reform the way severance taxes are collected and distributed. Perry County Rep. Fitz Steele introduced a bill to require all that severance tax revenue go to coal-producing counties — half currently goes into Kentucky’s general fund.

The commonwealth also must prioritize projects already in the state budget. After reaching an all-time high in 2009, analysts predict that this year 27 of the 35 coal counties will not receive funding needed to complete projects that were already approved.

In Virginia, anticipating rising utility costs, House of Delegates member James Morefield announced he will introduce a bill to amend the state’s severance tax statute to focus funding on natural gas infrastructure that would include commercial and residential use.

By far the largest coal producer in the region, West Virginia has the most to gain from coal severance taxes. Recent legislative changes and rising natural gas production are predicted to offset declining coal production, keeping tax revenue relatively stable. But some groups believe the tax should be increased to create a permanent trust fund similar to those in states such as Wyoming, New Mexico and Alaska.

Increasing the severance tax on coal and natural gas by one percent could yield $5.7 billion dollars over the next 23 years, according to the West Virginia Center on Budget and Policy, a proponent of the West Virginia Future Fund.

If properly set up, the center says, “the fund itself becomes self-sustaining, even once the natural resources have been exhausted.”

Coal Report

Wednesday, February 13th, 2013 - posted by Jil

Impoundment Safety Called Into Question

Questions and criticism followed a Nov. 30 accident at a CONSOL Energy-operated coal slurry impoundment in West Virginia that left one worker dead. A few days after the incident, The Charleston Gazette reported that records “outlined company concerns that construction to enlarge the dump had not been moving fast enough to keep up with slurry waste generated by the preparation plant at CONSOL’s nearby Robinson Run Mine.”

On Jan. 10, the Office of Surface Mining reported that regulators had not done enough to prevent impoundment breakthroughs into abandoned underground mines. In response, the West Virginia Department of Environmental Protection announced new regulations for impoundment construction.

OSM plans to conduct similar studies in six other states including Kentucky, Tennessee and Virginia.

Interior Department Under Fire for Stream Buffer Zone Delay

A coalition of environmental groups reopened litigation against the U.S. Department of Interior for its inaction on a rule to protect streams from mountaintop removal mining that was removed in the final weeks of the Bush administration.

While the Interior Department and the Obama administration agreed the removal of the “stream buffer zone rule” was unlawful, a new rule has not been issued. Under the stream buffer zone rule, surface mining was prohibited within 100 feet of streams.

Environmental groups say the Bush repeal allowed coal companies to place valley fills and waste impoundments, byproducts of surface mining, directly into streams.

Southeastern Coal Plants Retire and Convert

The growing share of electricity generated by natural gas and recent announcements of coal plant retirements are rapidly changing the energy sector across the southeast. On Jan. 7, Georgia Power announced its plans to retire 15 coal- and oil-fired units at four plants across the state.

The same week as Georgia Power’s announcement, Duke Energy touted three facilities that came online at the end of 2012. The new units include natural gas-fired generation at the Dan River Power Station and the H.F. Lee Plant, both in North Carolina.

Duke Energy has also received approval from the N.C. Utilities Commission to convert the Sutton Steam Station in Wilmington, N.C., to natural gas and said it plans to retire the Riverbend and Buck plants this April, two years ahead of schedule.

Senate Investigation to Scrutinize Coal Export Royalties

As U.S. coal exports hit a record high and the industry attempts to expand ports in the Pacific Northwest, the winners of the Powder River Basin bonanza, including Arch Coal, Peabody Energy and Cloud Peak Energy, are coming under fire.

On Jan. 4, members of the Senate Energy and Natural Resources Committee directed the U.S. Department of the Interior to investigate whether coal companies are avoiding paying royalties by underpricing coal mined on federal and tribal lands. Federal officials are auditing export sales from the past few years to determine whether coal companies fairly priced and paid royalties on coal shipped overseas.

Near Future Could be Bright for Coal

According to a new report from the U.S. Energy Information Administration, the percent of electricity generated by burning coal will get a bump this year as natural gas prices increase. The agency predicts that coal will provide around 40 percent of total generation this year.

If natural gas remains cheap, however, coal’s share could be lower than predicted. Over the long-term, Appalachian coal production will continue to decline and coal-plant retirements will far outpace generation coming online.

Impoundment Safety Called Into Question | Stream Buffer Zone Delay

Wednesday, February 13th, 2013 - posted by Davis Wax

Questions and criticism followed a Nov. 30 accident at a CONSOL Energy-operated coal slurry impoundment in West Virginia that left one worker dead. A few days after the incident, The Charleston Gazette reported that records “outlined company concerns that construction to enlarge the dump had not been moving fast enough to keep up with slurry waste generated by the preparation plant at CONSOL’s nearby Robinson Run Mine.”

On Jan. 10, the Office of Surface Mining reported that regulators had not done enough to prevent impoundment breakthroughs into abandoned underground mines. In response, the West Virginia Department of Environmental Protection announced new regulations for impoundment construction.

OSM plans to conduct similar studies in six other states including Kentucky, Tennessee and Virginia.

Interior Department Under Fire for Stream Buffer Zone Delay

A coalition of environmental groups reopened litigation against the U.S. Department of Interior for its inaction on a rule to protect streams from mountaintop removal mining that was removed in the final weeks of the Bush administration.

While the Interior Department and the Obama administration agreed the removal of the “stream buffer zone rule” was unlawful, a new rule has not been issued. Under the stream buffer zone rule, surface mining was prohibited within 100 feet of streams.

Environmental groups say the Bush repeal allowed coal companies to place valley fills and waste impoundments, byproducts of surface mining, directly into streams.

Southeastern Coal Plants Retire and Convert | Other Shorts

Wednesday, February 13th, 2013 - posted by Davis Wax

The growing share of electricity generated by natural gas and recent announcements of coal plant retirements are rapidly changing the energy sector across the southeast. On Jan. 7, Georgia Power announced its plans to retire 15 coal- and oil-fired units at four plants across the state.

The same week as Georgia Power’s announcement, Duke Energy touted three facilities that came online at the end of 2012. The new units include natural gas-fired generation at the Dan River Power Station and the H.F. Lee Plant, both in North Carolina.

Duke Energy has also received approval from the N.C. Utilities Commission to convert the Sutton Steam Station in Wilmington, N.C., to natural gas and said it plans to retire the Riverbend and Buck plants this April, two years ahead of schedule.

Senate Investigation to Scrutinize Coal Export Royalties

As U.S. coal exports hit a record high and the industry attempts to expand ports in the Pacific Northwest, the winners of the Powder River Basin bonanza, including Arch Coal, Peabody Energy and Cloud Peak Energy, are coming under fire.

On Jan. 4, members of the Senate Energy and Natural Resources Committee directed the U.S. Department of the Interior to investigate whether coal companies are avoiding paying royalties by underpricing coal mined on federal and tribal lands. Federal officials are auditing export sales from the past few years to determine whether coal companies fairly priced and paid royalties on coal shipped overseas.

Near Future Could be Bright for Coal

According to a new report from the U.S. Energy Information Administration, the percent of electricity generated by burning coal will get a bump this year as natural gas prices increase. The agency predicts that coal will provide around 40 percent of total generation this year.

If natural gas remains cheap, however, coal’s share could be lower than predicted. Over the long-term, Appalachian coal production will continue to decline and coal-plant retirements will far outpace generation coming online.

The Export Enigma: Appalachian Coal’s Complicated Outlets Overseas

Wednesday, December 5th, 2012 - posted by meghan

By Brian Sewell

Recently, coal exports have provided operators in Appalachia with a crucial buffer against the market-driven forces that are shaping the energy landscape across the United States.

The Norfolk, Va., port exported approximately 40 percent of coal that left the U.S. in 2011, the majority of which was metallurgical coal. Exports of thermal coal from Appalachian mines have increased slightly in the past few years, but changes in port capacity in the Pacific Northwest could create a nearly endless supply of cheap Powder River Basin coal to Asian markets. Map produced by Appalachian Voices.

According to the U.S. Energy Information Administration, between 2009 and 2011, coal exports nearly doubled in response to stagnant domestic consumption. This year, the EIA forecasts that exports will reach a historic high of 125 million tons.

The trend has led some to believe that the coal industry will be able to offset domestic competition from natural gas and even the strictest regulatory scenarios by feeding overseas demand.

But recent events including China’s inflation-inducing economic trends and the opposition to new export terminals in the U.S. Pacific Northwest are reminders of the myriad factors that influence the world’s ever-changing appetite for coal and the nations who will be best able to fulfill it.

Metallurgical Markets

Although the world’s quest for growth has contributed to the precipitous rise in exports, changes at home have hastened the trend. Abundant natural gas and the announced retirements of hundreds of coal plants nationwide, among other factors, are pressuring U.S. coal operators to rethink the way they do business by refining strategies to suit overseas markets.

For major coal companies operating in Appalachia, that has meant focusing on metallurgical coal used in steelmaking, which is sold at a higher price than thermal coal and has seen foreign demand grow in the past decade.

Nearly all of the 70 million tons of metallurgical coal exported from the United States in 2011 was mined in Appalachia and shipped from Eastern ports. The increased focus on metallurgical coal exports was put in the spotlight after Alpha Natural Resources, Peabody Energy, and Arch Coal all bet big on overseas demand through a series of acquisitions.

Two months before Alpha Natural Resources acquired Massey Energy in January 2011 to become the leading producer of metallurgical coal in the United States, JPMorgan Chase & Co. forecast prices for the high-quality coal — which hit a record $330 per metric ton in early 2011 — to increase by 50 percent in 2012.

Instead, the price has plunged.

In the second quarter of 2012, the economy of China, the world’s largest consumer of coal and its largest steel producer, showed signs of waning. After helping drive up prices for close to a decade, China’s demand for metallurgical coal quickly faltered and prices fell by 50 percent. Additionally, as growth in other sectors slows, Asia is left with a supply glut in steel, further driving down demand.

As the largest producer in Appalachia, Alpha Natural Resources, caters as much as 70 percent of its metallurgical coal production to export markets. In September, as an already severe industry downturn was beginning to face emerging challenges in metallurgical coal markets, Alpha announced it would restructure to meet “the evolving demands of a changing global coal market.”

Understanding their interdependency with Appalachian coal and a strong export market, at the end of November both CSX and Norfolk Southern railroads announced they would cut rail tariffs by approximately 15 percent to help exports of metallurgical coal remain competitive.

Coal Still Calls

A handful of developed nations are working to decrease their dependence on coal, but it remains a critical component in the world’s energy generation and a driver of the global economy. A recent report by the World Resources Institute revealed that around 1,200 new coal-fired power plants are being considered around the world, two-thirds of which would operate in China and India.

While metallurgical coal prices are expected to stay stagnant next year, the price of thermal coal is expected to increase along with global demand.
With easy access to ports, Appalachian coal operators are taking advantage of the growing need for cheap energy sources overseas. But the region also faces a threat to thermal coal exports from its Western counterpart.

Thick coal seams and large-scale operations in Wyoming’s Powder River Basin produce some of the cheapest coal in the world. But the lower energy content of the coal, long distances to transport by rail and limited export capacity from ports in the Pacific Northwest limit its use in the United States and abroad.
That could change, however, as plans to expand and build new export terminals have surfaced in Washington and Oregon that could ship as much as 110 million tons of coal to Asia each year.

Public interest groups, 57 native tribes and the Seattle City Council have been vocal in their disapproval. In response to the growing opposition, Peabody Energy, Arch Coal and other industry groups formed the Alliance for Northwest Jobs & Exports, and began airing ads touting the potential economic benefits of expanding coal exports.

While the Appalachian coal industry will benefit as a global leader in metallurgical coal exports for the foreseeable future, increased access to Powder River Basin coal could significantly change the region’s role in thermal export markets.

Even as coal exports receive the attention of industry experts and analysts, they remain exceedingly complex. So much so that a Lummi tribal leader symbolically burning a mock check from the mining industry on the beach in Bellingham, Wash., instead of signing a real one, could affect the outlook for Appalachian exports far into the future.

Under Pressure, Patriot Coal to Phase Out Mountaintop Removal

Wednesday, December 5th, 2012 - posted by meghan

By Brian Sewell

On Nov. 15, amid bankruptcy litigation and multiple lawsuits, Patriot Coal announced it would begin phasing out mountaintop removal coal mining in Appalachia as part of a settlement over selenium pollution. One of the largest operators in the region, the St. Louis-based spin-off of Peabody Energy is the first major coal operator to announce it will stop using mountaintop removal.

According to the agreement made with the Sierra Club, the Ohio Valley Environmental Coalition and the West Virginia Highlands Conservancy, Patriot will gradually reduce production from surface mines over the next several years and immediately rescind pending permits for new surface mines.

In his statement to U.S. District Judge Robert Chambers, Patriot CEO Ben Hatfield said that Patriot recognizes that its mining operations “impact the communities in which we operate in significant ways,” adding that ending mountaintop removal will reduce the company’s environmental footprint.

Hatfield’s statement, however, focused largely on the financial benefits of reducing the company’s risks as it works through bankruptcy. He added that the settlement is consistent with Patriot’s plan to “focus capital on expanding higher margin metallurgical coal production and limiting thermal coal investments to selective opportunities where geologic and regulatory risks are minimized.”

As the industry faces declining domestic use and competition from natural gas, coal operators in Appalachia are turning to metallurgical coal and focusing on meeting the growing demand overseas. By reducing the regulatory and market risks of continuing to operate mountaintop removal mines, Patriot believes it will increase the likelihood of emerging from bankruptcy as a viable business, able to satisfy its obligations to its nearly 4,000 employees.

Unsurprisingly, representatives of environmental groups and the coal industry saw the news differently. Executive director of the Sierra Club Michael Brune said that “Patriot Coal may be the first company to cease mountaintop removal mining but, because of the tireless efforts of committed volunteers and community organizations, it certainly won’t be the last.” On the other hand, West Virginia Coal Association President Bill Raney remarked that “It’s one company trying to restructure itself. This doesn’t change anything. I don’t think you can apply this universally across the industry or across the state.”

As part of the agreement, Patriot is able to delay $27 million in selenium pollution compliance costs until 2014, improving the company’s ability to pay an estimated $400 million in long-term selenium cleanup costs.

Patriot Coal filed for bankruptcy in July after reporting considerable losses since 2010. On Nov. 27, a federal judge granted a request by Patriot employees to move the bankruptcy litigation from New York City to St. Louis, where Patriot and parent companies Peabody Energy and Arch Coal are based.

Coal Industry Employment Remains in Flux and other shorts

Wednesday, December 5th, 2012 - posted by meghan

On Nov. 27, Southern Coal announced it would recall 650 laid-off miners after entering into a multi-year contract with American Electric Power. The deal will allow Southern Coal to reopen mines that were closed earlier this year and will prevent the layoffs of another 500 workers.

Much of the complaints about a political “war on coal” during the recent election cycle were predicated on using layoff figures from Appalachian coal mines, however, the industry has kept mostly quiet about new sites and expansions.

According to the West Virginia State Journal, mining employment in the state remains far higher than most of the past decade. During the third quarter of 2012, coal employment dropped 5 percent nationwide, but remained higher than at the start of the recession. During the first three years of President Obama’s first term, the number of miners working in Appalachia rose due to increased scrutiny of mountaintop removal permits by the U.S. Environmental Protection Agency.

The Lowdown on Coal Ash

By Matt Grimley

On Nov. 19, a federal judge ordered mediation between the Tennessee Valley Authority and the 872 Roane County, Tenn., residents suing over the December 2008 coal ash spill that released more than a billion gallons of the waste into the Emory and Clinch rivers.

U.S. District Judge Tom Varlan already found TVA liable in the failure of the coal ash dam, writing that the spill could have been prevented. The federal utility has estimated that the cleanup project, which is expected to continue through 2015, will cost about $1.2 billion.

Recently, testifying on proposed Senate Bill 3512, which would regulate how coal ash is stored, mine safety and environmental specialist Jack Spadaro said he is certain that the bill in its present form “will result in a catastrophic failure of a coal ash dam containment structure that will result in extensive loss of life and severe environmental damage that will be irreversible.”

The U.S. Environmental Protection Agency is still considering a rule to regulate coal ash either as hazardous waste or as solid waste. Despite pressures from environmental and other advocacy groups, the EPA has indicated that the rule is unlikely to be decided until 2014.

According to the EPA, coal-fired power plants create 136 million tons of coal ash every year.

Report Makes the Case for Coal Plant Retirements

Nearly 300 of the oldest coal-fired power plants in the United States have been scheduled for closure. A new report by the Union of Concerned Scientists identified up to 353 additional plants that are uneconomical to continue operating. In “Ripe for Retirement: The Case for Closing America’s Costliest Coal Plants,” the cost of operating individual coal-fired units is compared to alternative forms of electricity generation, including natural gas and wind generation. According to the report, Southern Co., Tennessee Valley Authority and Duke Energy are operating the most uncompetitive coal plants. Read the report at www.ucsusa.org

Kentucky Cabinet Settles in Wrongful Termination Suit

A former Kentucky state official dropped the wrongful termination lawsuit he filed against Gov. Steve Beshear in 2009 after settling with the Kentucky Energy and Environment Cabinet. Ron Mills was the head of the cabinet’s Division of Mine Permits before being terminated in November 2009 after refusing to sign permits for what he called “illegal practices.” Mills claimed that, despite his objections, the Beshear administration skipped legal documentation procedures and issued permits to coal companies that were unable to demonstrate rights to the entire parcels they planned to mine. The settlement provides Mills $270,000 in exchange for dropping the lawsuit.