Nothing to see here

Friday, December 5th, 2014 | Posted by Eric Chance | 1 Comment

KY_Cabinet_cartoonThe Kentucky Energy and Environment Cabinet's dismissive attitude toward the severity of mining pollution in the state is unsurprising after citizen cases against one coal company exposed the agency’s utter failure to enforce the Clean Water Act. But the jig is up. The Cabinet should stop trying to cover up its incompetence and actually do its job. [ More ]

Kentucky court sides with citizens and environment

Tuesday, December 2nd, 2014 | Posted by Eric Chance | No Comments

Last week, Appalachian Voices and our partners won a major victory in the Kentucky courts when a judge overturned two slap-on-the-wrist settlements that the Kentucky Energy and Environment Cabinet had reached with Frasure Creek Mining a few years ago. [ More ]

Same coal company, same old (illegal) tricks

Monday, November 17th, 2014 | Posted by Eric Chance | 1 Comment

They say you can’t teach an old dog new tricks. That certainly seems to be the case with Frasure Creek Mining. Four years ago we took legal action against them for submitting false water monitoring reports, and now they are at it again, but this time the false reporting is even more extensive. [ More ]

Science vs. Mining

Wednesday, July 30th, 2014 | Posted by Eric Chance | No Comments

Over 2,000 miles of streams have been buried by Mountain Top Removal mining, and many more have been degraded. This seems like it should be illegal, but the destructive practice continues. That's why Appalachian Voices has been working to keep the Environmental Protection Agency (EPA) and industry from opening up new loopholes in our environmental laws that would make it easier to poison streams. [ More ]

Great News for Clean Water in Virginia!

Friday, July 18th, 2014 | Posted by Eric Chance | No Comments

Last week a federal judge upheld a previous decision requiring a Virginia coal company to get a permit for their discharges of toxic selenium. [ More ]

Take Action: Protect Appalachian Streams from Toxic Selenium

Wednesday, June 11th, 2014 | Posted by Eric Chance | 16 Comments

The U.S. Environmental Protection Agency is poised to loosen national recommended water quality standards for selenium, a toxic pollutant commonly released from mountaintop removal coal mines. You can stand up for streams in Appalachia by submitting comments urging the EPA to protect aquatic life and strengthen selenium standards. [ More ]

KY and NC: Different States, Same Recipe for Lax Clean Water Enforcement

Wednesday, February 19th, 2014 | Posted by Eric Chance | 4 Comments

Yesterday there was a hearing in Franklin Circuit Court for our ongoing challenge of a weak settlement that the state of Kentucky reached with Frasure Creek Mining. The settlement is a slap on the wrist that lets them off the hook for thousands of violations of the Clean Water Act, and it bears a striking resemblance to the settlement between North Carolina and Duke Energy that has come under scrutiny after their recent coal ash spill into the Dan River. [ More ]

Fighting for Clean Water in Virginia: Standing up to Coal Industry Bullies

Tuesday, January 28th, 2014 | Posted by Eric Chance | 2 Comments

944745_10100206520223687_1797773733_n Today, Appalachian Voices along with our allies in Virginia filed a lawsuit against Penn Virginia, for water polluted by selenium coming from abandoned mines on their land. This lawsuit is one in a series of suits aimed at cleaning up selenium pollution in Callahan Creek. [ More ]

Appalachian Voices and Partners Challenge Kentucky’s Weakening of Water Pollution Standards for Selenium

Friday, December 13th, 2013 | Posted by Eric Chance | No Comments

This two headed trout was deformed by selenium pollution. Today, we have taken action to keep EPA and Kentucky from allowing pollution like this to get worse.

Earlier today Appalachian Voices and a number of partner organizations sued the EPA over their approval of Kentucky’s new, weaker standard for selenium pollution.

Selenium is extremely toxic to fish, and causes deformities and reproductive failure at extremely low levels. The pollutant is commonly discharged from coal mines and coal ash ponds, but currently Kentucky does not regulate its discharge from these facilities.

These new standards were proposed at the behest of coal industry groups, likely motivated by citizen groups’ success at requiring companies in other states to clean up their selenium pollution. We have also seen the state governments of Virginia and West Virginia take steps towards making similar rollbacks to their own standards, making the EPA’s approval of Kentucky’s weakened standards even more alarming.

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A Great Day for Virginia Streams

Tuesday, July 23rd, 2013 | Posted by Eric Chance | No Comments

Two headed trout, a result of selenium pollution. Courtesy of USFWS.

Yesterday, advocates for clean water won a major court victory in Virginia. Under a court order, A&G Coal will be the first coal company in Virginia required to get a permit for their discharges of toxic selenium. U.S. District Judge James P. Jones ruled that because the company did not tell regulators that they might discharge selenium, their permit does not allow them to.

Selenium is a common pollutant at many Appalachian coal mines and is toxic to fish at very low levels, causing deformities, reproductive failure and death.

The case was brought by the Southern Appalachian Mountain Stewards (SAMS), Sierra Club and Appalachian Voices, represented by Appalachian Mountain Advocates.

>> Read the press release to find out more
>> Read the judge’s ruling here

Court Victory for Clean Water in Kentucky: The Battle Continues

Friday, July 19th, 2013 | Posted by Eric Chance | No Comments

Acidic mine water being discharged from one of Frasure Creek’s Kentucky coal mines

Last week, an attempt by the Kentucky Energy and Environment Cabinet to toss concerned citizens out of court failed.

Judge Phillip Shepherd denied a motion to dismiss our challenge of a settlement between Frasure Creek Mining and the cabinet. Appalachian Voices and our partners KFTC, Kentucky Riverkeeper and Waterkeeper Alliance, will now be allowed to proceed with our argument that the settlement should be vacated.

In October of 2010, we filed a Notice of Intent to Sue Frasure Creek for submitting false water monitoring data. Frasure Creek and the cabinet reached a settlement for those violations, but it has not been approved by the court. Before that, the data Frasure Creek submitted to the state never showed any violations. After our legal action, they switched labs and began showing hundreds of water quality violations every month.

We attempted to sue Frasure Creek for these subsequent violations, but the cabinet filed a complaint in state administrative court for the same violations. We intervened and became full parties to that case, but then a slap on the wrist settlement was entered between Frasure Creek and the cabinet completely without our consent. Our current challenge to this settlement is based on the fact that we are full parties in the case yet we had no say in the settlement’s creation.

The cabinet attempted to get our challenge thrown out because they claimed that we did not follow proper procedures when we filed it, but the judge dismissed their arguments. Now, the cabinet must respond to the substance of our challenge.

>> Click here to read the ruling
>> Click here to read more about this challenge
>> Click here for more information on our Kentucky Litigation

Appalachian Voices and Partners Challenge Kentucky’s Backroom Deal With Coal Company

Friday, May 17th, 2013 | Posted by Eric Chance | No Comments

Watercolors by Frasure Creek. State inspector's photos show a variety of colors of water at Frasure Creek mines.

Yesterday, Appalachian Voices and our partner organizations filed a “petition for review”, essentially an appeal of a settlement between Frasure Creek Mining and the Kentucky Energy and Environment Cabinet. This settlement lets Frasure Creek off the hook for thousands of water quality violations over the past two years, while doing little to ensure that the company fixes its water quality problems.

Our challenge of this settlement focuses on the way in which it came about. But first, a bit of background.

We have a separate case that is ongoing against Frasure Creek for submitting false water monitoring data (entire reports were duplicated and only the dates were changed). After we uncovered this problem the company began turning in more accurate reports, which for the first time showed lots of pollution problems. We then filed a second suit against Frasure Creek for thousands of these pollution problems (which had been hidden by reporting problems before our first suit). Then the cabinet also filed a complaint for these pollution violations and more like them in state administrative court (a court run by the cabinet itself).

We intervened in that case and became full parties to it, but were then shut out of it completely. In fact the settlement was entered despite our previous objections, and there is no evidence that our objections were even considered. The cabinet and Frasure Creek negotiated a settlement completely without us. The law and common sense both dictate that an agreement is not valid unless all the parties involved agree to it, and that is the basis for our challenge of this settlement yesterday.

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