The Front Porch Blog « Appalachian Voices

Tenn Tuesday: Energy Savings! Victories!

Tuesday, May 21st, 2013 | Posted by JW Randolph

…HaslamConnectedLobbyistSellingPublicLandstoCoalCompanies! OH MY!!

Good morning, and welcome to your Tennessee Tuesday, our weekly holler from your Tennessee hills.

Dozers push coal in front of what looks to me like a head-of-hollow fill near the Claiborne-Campbell County line. Drop us a note in the comments to say hello, let us know a bit about yourself, what you’re interested in and what stories we might be missing. It’s been a busy couple of weeks for the Volunteer State in the world of energy, TVA and Congress, so let’s get right to it.

Victories!
Believe it or not, both houses of Congress, with support from both parties, are moving on important pieces of legislation to protect our mountains, and to promote energy efficiency.

As several Appalachian Tennesseans came to Washington, D.C., the bi-partisan Clean Water Protection Act was introduced by Congressmen Frank Pallone (D-NJ) and Dave Reichert (R-WA), and already has more than 50 cosponsors from both parties and from all across the nation. The Clean Water Protection Act is a simple bill that would make it illegal for coal companies to perform the “valley fills” associated with mountaintop removal coal mining. Congressman Cooper (D-TN-05) and Congressman Cohen (D-TN-09) are both original cosponsors of the bill! You can call them using the Congressional switchboard at 202-224-3121 to say “thanks for cosponsoring the Clean Water Protection Act, and for protecting our mountains.”

We had a fantastic victory in the U.S. Senate, where the Senate Energy Committee passed a bipartisan Energy Savings Bill (S 761) by a vote of 19-3. Senator Alexander sits on this panel and voted AYE, and you can call his office at 202-224-4944 to say “thanks for supporting S 761 and promoting energy efficiency for our country.” This bill, introduced by Senators Shaheen (D-NH) and Portman (R-OH), would save energy by improving building codes, while incentivizing industrial energy efficiency and promoting energy savings at federal buildings. That bill now moves on to the Senate floor while the House counterpart (HR 1616) awaits committee action.

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

Friday, May 17th, 2013 | Posted by Eric Chance

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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Permit to Mine one of America’s “Most Endangered Mountains” Denied

Wednesday, May 8th, 2013 | Posted by Brian Sewell

Ison Rock Ridge was one of the "most endangered mountains" in America, that is, until the Virginia Department of Mines, Minerals and Energy denied a permit that would have obliterated nearly 1,300 acres of mountainous terrain.

Appalachian residents in Virginia are breathing a sigh of relief with the news yesterday that the state Department of Mines, Minerals and Energy has denied a permit for a massive strip mine on Ison Rock Ridge in Wise County.

Although the coal company, A&G Coal Corp., has appealed the decision (no surprise there), local citizens and opponents of mountaintop removal stand ready to continue defending Ison Rock Ridge, and the citizens of Wise County.

“Preserving our clean mountain water, protecting our productive forests and making this a place businesses want to move to is a key part of building an economy built to last the next 100 years. Stopping the destruction of Ison Rock Ridge is an important first step,” said Sam Broach, president of Southern Appalachian Mountain Stewards (SAMS), a Wise County-based group of local citizens, including former miners.

A&G had proposed a 1,200-acre mountaintop removal coal mine on the ridgetop, behind the town of Appalachia. The mine would have buried about 14,000 feet of streams with more than 11 million cubic yards of rock and dirt in nine separate valley fills, posing tremendous harm to the citizens and the environment.

The good news about the permit denial is due to the passion and perseverance of SAMS, Sierra Club and Appalachian Mountain Advocates. These groups have fought the project for going on five years now. (See this post from Sierra Club with a press release from SAMS.)

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Clean Water Protection Act Introduced with 45 Cosponsors

Tuesday, May 7th, 2013 | Posted by Thom Kay

Yesterday, Rep. Frank Pallone (D-NJ) and Rep. Dave Reichert (R-WA) introduced the Clean Water Protection Act in the 113th Congress with 45 original cosponsors.

The Clean Water Protection Act, H.R. 1837, is a bill in the U.S. House of Representatives which would sharply reduce mountaintop removal coal mining by making it illegal to dump mining waste into valleys and streams. To date, more than 2,000 miles of streams have been buried or severely polluted.

As the bill sponsors point out in their Dear Colleague letter to other members of Congress:

An EPA scientific study in 2008 shows that more than 63% of the streams sampled below mountaintop removal coal mining operations exhibited long-term impairments to aquatic organisms. In some large watersheds, more than half of the streams are impaired.

Last Congress, more than 130 representatives, from Kentucky to Hawaii, took a stand against mountaintop removal coal mining by cosponsoring the Clean Water Protection Act.

It is crucial that we carry over the momentum we built during the last Congress by having a large group of cosponsors. For your Representative to sign onto the bill, they need to hear from you.

Take action now and tell your Congressperson you expect their support of this important legislation.

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Mountaintop Removal 101: Congressional Research Service Updates Report

Thursday, May 2nd, 2013 | Posted by Brian Sewell

An updated report by the Congressional Research Service provides a look at the current legal and legislative challenges to mountaintop removal.

Every day, more Americans become concerned with the threat of mountaintop removal in Appalachia. Just yesterday, I was made aware of a website called “What About Mountains?” created by a fourth grade class at the Episcopal School of Knoxville. These students may just be learning about the issue, but they know that “mountaintop removal coal mining is not OK,” and seeing a photo of lush mountains reduced to “ugly blobs of land” is as fine a place to start as any.

Whether you’re in fourth grade or in your forties, it’s helpful to have a convenient compendium on the issue of mountaintop removal, especially considering the ever-evolving legal battles, status of bills on Capitol Hill, and state and federal level regulations. An updated report from the nonpartisan Congressional Research Service called Mountaintop Mining: Background on Current Controversies acts as a CliffsNotes for anyone concerned with the situation and interested in catching up.

The report summarizes the legal challenges, agency and congressional actions related to mountaintop removal and points out that, despite two recent court rulings underscoring the need for greater protections, few people on either side are please with the U.S. Environmental Protection Agency’s record on the issue. Mountaintop removal supporters complain of onerous rules that hamper employment and opponents point to poisoned water, unhealthy communities and shortened lives.

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Kentucky’s Lab Certification- Is it strong enough?

Wednesday, May 1st, 2013 | Posted by Eric Chance

Yesterday, Appalachian Voices submitted public comments on a proposed wastewater lab certification program in Kentucky. To discharge polluted water, coal companies must receive a permit under the Clean Water Act. This permit that requires companies to test wastewater and report the data to ensure it falls within the limits of the permit. In Kentucky, there are currently no standards for labs that do this type of testing.

The proposed certification program is a direct result of the lawsuits for falsified water monitoring data we filed against three of the state’s largest coal mining companies. Our investigation revealed that many coal companies were repeatedly submitting the same data and knowingly leaving out reports of any violations of their permits. After we filed these lawsuits, the Kentucky Energy and Environment Cabinet inspected the labs being used for this monitoring and found that in many cases they were not even capable of correctly performing the required tests.

This graph shows some of the inaccurate data submitted by Frasure Creek Mining before our lawsuits lead them to start using a new lab. Click to enlarge.

We believe that enforcing standards on labs used by coal companies will help ensure that labs report accurate data, and that the regulations meant to protect water and those that depend on it from dangerous pollution are effectively enforced. This proposed rule will be a big step forward and we have applauded the cabinet for its efforts to fix these problems. However, there are several weaknesses in the rule that we hope are fixed before it is finalized.

All too often the cabinet has failed to live up to its obligations to protect the people and environment in Kentucky. That is why our comments suggest that discretionary duties given to the cabinet in this rule be made mandatory. Appalachian Voices will continue to work to require the state agencies to actually enforce these standards.

>>Click here to see our comments
>>Click here to read the proposed lab certification rule
>>Click here to read the draft lab manual

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Tennessee Tuesday: What Do We Do Now?

Tuesday, April 30th, 2013 | Posted by JW Randolph

This is a post about how we can improve life for Tennesseans, protect an American culture that has endured for centuries, and promote our beloved Appalachian Mountains that once stood higher than the Himalayas, and are now threatened by mountaintop removal coal mining.

Tennessee Tuesdays is a new weekly feature on the Appalachian Voices Front Porch blog. While our main goal is to end mountaintop removal, we also hope to spread the gospel of hope, bring light to issues facing Tennesseans, and offer solutions on how we can move our state toward a cleaner and more energy efficient future.

Are you from Tennessee or nearby? Introduce yourself in the comments and let us know what you’d like to hear about. For now, welcome! Have a cup of coffee and take a minute to enjoy your Tennessee Tuesday.

Tennessee's magnificent Elk Valley, just up the road from Tennessee's largest surface coal mines.

What’s been happening in Tennessee lately?

Tennessee Legislature 2013
My home state has been in the national news a lot the last few months and not for the greatest reasons. Our legislature was constant fodder for late night comedians (catch Daily Show and Colbert’s greatest Tennessee hits here, here, and here) and was generally considered a bumbling embarrassment for most Tennesseans who don’t respond to “Senator.”

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A Good Week for Mountains – Multiple Court Rulings Favor Science and Enforcement

Tuesday, April 23rd, 2013 | Posted by Brian Sewell

Earth Week is off to a good start after two major rulings in two days mean we may start seeing less of this.

We’re only two days into Earth Week — if we must limit it to one week out of the year — but it sure is getting off to a great start. In the past two days, two major court rulings have underscored the need for increased scrutiny from the federal agency responsible for evaluating environmental impacts of mountaintop removal coal mining according to the National Environmental Policy Act and issuing permits under the Clean Water Act.

Yesterday, the 6th U.S. Court of Appeals revoked the U.S. Army Corps of Engineers use of Nationwide Permit 21 (NWP 21), a streamlined and inadequate process that has contributed to the expansion of mountaintop removal in Appalachia since 1992. Kentucky and West Virginia residents, with the support of groups including Kentuckians for the Commonwealth, Kentucky Waterways Alliance and the Kentucky Riverkeeper, have challenged the legality of NWP 21 in state and federal court for a decade.

In its ruling, the three-judge panel called the Corps’ actions “arbitrary and capricious” and found that the agency did not follow the applicable Clean Water Act (CWA) and National Environmental Policy Act (NEPA) regulations, which require it to document its assessment of environmental impacts and examine past impacts before issuing new permits. From the ruling:

Though we generally give greatest deference to an agency’s “complex scientific determination[s] within its area of special expertise,” we may not excuse an agency’s failure to follow the procedures required by duly promulgated regulations.

After opting for streamlined nationwide permitting, the Corps took the easier path of preparing an environmental assessment instead of an environmental impact statement. Having done so, it needed to follow the applicable CWA and NEPA regulations by documenting its assessment of environmental impacts and examining past impacts, respectively. Failing these regulatory prerequisites, the Corps leaves us with nothing more than its say-so that it meets CWA and NEPA standards.

According to the Corps, approximately 70 surface mining permits authorized under NWP 21 qualify for a five-year accommodation to “provide and equitable and less burdensome transition” for coal operators. Whatever its impact on existing mountaintop removal permits, the ruling acknowledges that when it comes to protecting Appalachia, the Corps “say-so” is insufficient.

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“War on Coal” Claims are a War on Reality

Wednesday, April 10th, 2013 | Posted by Melanie Foley

A national average of 88,152 coal mining jobs under President Obama represents a 15 percent increase from the average under the Bush administration of 76,470. Graph by Appalachian Voices

The coal industry and the members of Congress who depend on its support have accused President Obama and the U.S. Environmental Protection Agency of waging a “war on coal.” Industry supporters argue that limits on emissions from coal-fired power plants and increased scrutiny of mountaintop removal mining permits are killing jobs. But the numbers show that, aside from being a tired rhetorical trope, the “war on coal” is also a myth.

This week, Appalachian Voices released an analysis of the latest data from the Mine Safety and Health Administration that reveals the fallacy behind “war on coal” claims. An average of 88,152 coal mining jobs under Obama represents a 15 percent increase from the Bush average of 76,470. Employment in 2011 and 2012 was the highest two-year period in 15 years. Each of the top 10 coal-producing states have seen more jobs on average under Obama than under Bush, and nine of those states saw higher employment in 2012 than at any point during the Bush years.

One of the main factors contributing to the employment increase is a decrease in productivity. Coal is growing scarce and difficult to reach, especially in Appalachia, and it takes more miners than it once did to mine the same amount of coal. Since its peak in 2000, productivity has declined 30 percent. Increased underground mining explains some of this decline since it requires more workers than large-scale surface mining methods such as mountaintop removal.

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America’s “Sadness Belt”: Appalachian States Worst in U.S. for Health and Happiness

Monday, March 25th, 2013 | Posted by Melanie Foley

Gallup and Healthways recently released their annual Well-Being Index for 2012, and Appalachia was found once again to be home to some of the least healthy and happy Americans. The most striking result of last year’s Well-Being Index is that while the happiest states are spread throughout the country, the lowest ranking states are all clustered in Central and Southern Appalachia, and the region’s neighboring states.

The Well-Being Index compiles surveys taken from all over the country all throughout the year and organizes them by state, community and congressional district. Participants are asked to evaluate their lives according to six categories:

- Life Evaluation: how a person’s current life compares with their expectations

- Emotional Health: deals with the respondent’s experiences and feelings on a given day

- Physical Health: encompasses diseases, physical pain, sick days, body-mass index, etc.

- Healthy Behavior: addresses both positive behaviors (e.g., exercise) and negative (e.g., smoking)

- Work Environment: questions for workers on job satisfaction, treatment from superiors, etc.

- Basic Access: includes access to food, housing, healthcare, etc.

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What We Weren’t Allowed to Say

Thursday, March 21st, 2013 | Posted by JW Randolph

In this legislative session, Tennesseans’ voices were silenced. Here’s what I would have said.

Yesterday, I was honored to be called to testify before the Tennessee State Senate Committee on Energy, Agriculture, and Natural Resources, along with a friend, hero and colleague, Ann League. Ann is a property owner and resident of coal-bearing areas in Tennessee, who has lived in the shadow of Zeb Mountain. After Ann and I were called to the bench, Chairman Steve Southerland cut us off before we could sit down and say a word. The committee killed the bill on a procedural mechanism without ever allowing for discussion or taking a vote on its substance. This was despite the fact that thousands of Tennesseans from across the ideological spectrum have called for the passage of this bill. We have prayed, pleaded and lobbied on behalf of our mountains and mountain communities. Yesterday our voices were shut out, and our bill was ignored. If allowed to speak, here’s what I would have said:

“Good morning, my name is JW Randolph and I’m the Tennessee Director for Appalachian Voices.

I grew up outside of Birchwood, Tenn., in a log cabin my father built on the shores of the Tennessee River. Walking the hills and hollows of our state is how I learned what home means. Hiking and fishing out in the woods and waters is how I got to know the best of what our country has to offer, the best of what our state has to offer, and its how I got to know my family. These experiences taught me about freedom, self-reliance and responsibility.

Later in life I learned that not too far away, these same mountains were being filled with ammonium nitrate fuel oil and being brought down, poisoning the streams we ran through. These streams are no different than the one in Hamilton County where I proposed to my high school sweetheart, and where I now take our two year old daughter to learn how to skip stones.

Although she doesn’t quite yet understand, I try to explain to her the fact that when I was her age, there were 500 mountains in Appalachia that are no longer standing.

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Protecting Tennessee’s mountains? Not worth the Senate’s time.

Wednesday, March 20th, 2013 | Posted by JW Randolph

Despite broad citizen and political support for a bill protecting Tennessee’s mountains, the state Senate Energy, Agriculture and Natural Resources Committee today decided to not even allow public testimony on the measure and instead killed the bill.

SB99, the Scenic Vistas Protection Act, was slated to be heard by the committee during its usual meeting time at 9:30 (CST) this morning. The bill would prohibit mountaintop removal coal mining from ridges above 2,000 feet on the Cumberland Plateau.

Along with our good friend Ann League, a resident and property owner in Tennessee’s coal-bearing region, I had been scheduled to testify before the committee. But just as we were called up to speak, the chairman stopped us short. Several Members had left the room, and when none of the committee members offered a motion on the bill, the Chairman declared the bill dead, and we were not allowed to speak.

Despite the fact that Tennesseans from the left, right and center, and from a broad array of interests have come together to protect our mountains, our voices were silenced.

Instead, the senators chose to side with the coal industry whose political influence has long outlasted its ability to grow jobs in our state or protect the health and well-being of citizens in the coal region.

Two senators who have generally supported mountain protection, Ophelia Ford and Jim Summerville, didn’t come to the meeting, and a third, Charlotte Burks, who has voted for the bill in the past, left.

Update: We’ve posted my prepared statement here, and a powerful speech by Representative Gloria Johnson (D-Knoxville) here. The news has been picked up by outlets worldwide including Chinese television, Switzerland, Singapore, Businessweek, NBC News in states from coast-to-coast, and in dozens of outlets across Tennessee. Local blog Nooga.Com has a great summary

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Stop Brushing off the Bad Stuff

Tuesday, March 19th, 2013 | Posted by Brian Sewell

However complex the causes of the ongoing health crisis in Appalachia, denial accomplishes nothing but the perpetuation of the status quo. Yet every time claims that could negatively impact the coal industry surface, Appalachian legislators throw up a black sheet.

West Virginia University professor and public health researcher Dr. Michael Hendryx’s latest article, “Personal and Family Health in Rural Areas of Kentucky With and Without Mountaintop Coal Mining,” appeared in the online Journal of Rural Health a couple of days ago. The study immediately gained the attention of Kentucky media, and supporters of the coal industry have been quick to write off Hendryx’s methods and conclusions — they just haven’t gotten around to reading it yet.

Hendryx has published more than 100 peer-reviewed articles. He’s the director of the West Virginia Rural Health Research Center and after receiving a Ph.D. in psychology, he completed a post-doctoral fellowship in Methodology at the University of Chicago. Little of that seems to matter, however, because much of his research is concentrated on poor health in Appalachian coal-mining communities, especially those where mountaintop removal takes place.

Like other studies Hendryx has conducted, the eastern Kentucky-focused article relies on comparing data gathered in counties with mountaintop removal to data from counties without it. More than 900 residents of Rowan and Elliott counties (no mountaintop removal) and Floyd County (mountaintop removal) were asked similar questions about their family health history and incidents of cancer to those that the U.S. Center for Disease Control uses in gathering data.

After ruling out factors including tobacco use, income, education and obesity, the study found that residents of Floyd County suffer a 54 percent higher rate of death from cancer, and dramatically higher incidences of pulmonary and respiratory diseases over the past five years than residents of Elliott and Rowan counties.

These results should surprise no one, least of all the families in Floyd County that participated in the study. Yet somehow, supporters of the widespread use of mountaintop removal still refuse to consider that blowing up mountains might impact human health.

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A Week of Education and Action

Wednesday, March 13th, 2013 | Posted by Nathan Jenkins

As part of Mountain Justice Spring Break, students acted out a skit demonstrating how banks directly support mountaintop removal. Photo by Nathan Jenkins

Last week, more than a hundred college students from around the country spent their spring break in Appalachia, Va., to learn about mountaintop removal coal mining, involve themselves in nonviolent actions, and volunteer for social projects that benefit a community that all too many choose to ignore.

By the time I arrived on Friday, the students had already learned about mountaintop removal coal mining. They had toured several mine sites in Wise County, learned how to test water for contaminants, and studied the ecosystems of Appalachia’s incredibly diverse forests.

They had worked on a full day of trail maintenance on Pine Mountain and volunteered much needed manpower to a mobile health services group that provides essential care to impoverished residents forgotten by the coal industry.

Earlier in the week, the students learned about banks that invest in mountaintop removal and how to use nonviolent action to effect change. By Friday, they were ready to make a statement. After a hot breakfast, we loaded up a caravan of cars and set out for a peaceful protest on the sidewalks outside of UBS Bank in Kingsport, Tenn.

Once there, I had my first glimpse of handcrafted props for the planned skit as they were pulled out of pickups and station wagons. The group marched around the block drawing cheers and honks of support from passing motorists. The students then sat on the sidewalk singing songs and chants, as well-dressed bankers peered out from the windows above and sent secretaries to lock doors despite a significant presence from the local police force.

For their part, the officers were incredibly polite and a few even asked me for more information about mountaintop removal. I walked the officers through the narrative of the skit as we watched a giant “fat cat” banker slip dinner plate sized coins into a 4-foot wide piggy bank while a dragon inspired dragline chewed through our mountain resources.

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Tennessee Votes on Scenic Vistas Tomorrow. CALL TODAY!

Tuesday, March 12th, 2013 | Posted by JW Randolph

Call today and Urge Tennessee Legislators to Protect the Beauty and Economic Vitality of the Cumberland Plateau.

Tennessee legislators are scheduled to take up a critical vote tomorrow on the Scenic Vistas Protection Act — a good bill with broad, bipartisan support that would help one of Tennessee’s most important assets – our mountains.

Representative Gloria Johnson (D-Knoxville) will be carrying the bill (HB 43 / SB 99) in the House Subcommittee on Agriculture and Natural Resources, and Senator Lowe Finney (D-Jackson) in the Senate Committee on Energy, Agriculture, and Natural Resources.

Appalachian Voices urges you to call committee members and ask them to support the common sense “Tennessee Scenic Vistas Protection Act (HB 43 / SB 99)“.

House:
Chairman Ron Lollar (R-Bartlett) / 615-741- 7084
Curtis Halford (R-Dyer) / 615-741-7478
Andy Holt (R-Dresden) / 615-741-7847
Judd Matheny (R-Tullahoma) / 615-741-7448
Billy Spivey (R-Franklin) / 615-741-4170
John Tidwell (D-New Johnsonville) / 615-741-7098
Ron Travis (R-Dayton) / 615-741-1450
Brenda Gilmore (D-Nashville) / 615-741-1997 [This is a “Thank you!” as Representative Gilmore is a cosponsor of the Scenic Vistas bill.]

Senate:
Chairman Steve Southerland (R-Morristown)/615-741-3851
Mae Beavers (R-Mt Juliet)/ 615-741-2421
Jim Summerville (R-Dickson) / 615-741-4499
Mike Bell (R-Riceville) / 615-741-1946
Charlotte Burks (D-Monterey) / 615-741-3978
Ophelia Ford (D-Memphis) / 615-741-1767
Todd Gardenhire (R-Chattanooga) / 615-741-6682
Dolores Gresham (R-Somerville) / 615-741-2368
Frank Niceley (R-Knoxville) / 615-741-2061

Tell these legislators your name and let them know you are a Tennessean who cares about protecting our mountains. And please pass this along, so that legislators hear from as many Tennesseans as possible.

Talking points and bill information below…

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Help Protect Kentucky’s Fish from Toxic Selenium

Wednesday, February 27th, 2013 | Posted by Eric Chance

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

The Kentucky Energy and Environment Cabinet is currently attempting to significantly weaken the state’s water quality standards for selenium.

Selenium is a pollutant common at some coal mines that deforms and kills aquatic life. It bioaccumulates, increasing in concentration as it moves up the food chain, affecting larger fish and aquatic birds. At higher levels, selenium is toxic to people. Humans can be exposed to selenium through the water they drink and the fish they eat. Long-term exposure can damage the liver, kidneys, nervous system, and circulatory system.

Selenium pollution is expensive to prevent and to treat. By loosening standards, the cabinet is trying to protect the bottom line of polluters at the expense of the health of the state’s waterways and those that depend on them.

To learn more about selenium and why it is a problem in Kentucky, click here to read our selenium fact sheet (PDF).

Public comments are being accepted through Friday, March 1. Please help protect Kentucky’s fish from the toxic effects of selenium. Take a minute to make your voice heard by submitting a comment.

Even The Daily Show has taken note of the problem of selenium pollution in our nation’s waterways. The clip focuses on pollution from phosphate mines in Idaho, but the similarities between what happened there and what is going on in Kentucky are striking.

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Lesson Learned: The Buffalo Creek Flood

Tuesday, February 26th, 2013 | Posted by Brian Sewell

Inspecting the Aftermath: Residents of Buffalo creek worried constantly about the stability of the slurry dams upstream. Nothing was done. Photo courtesy of West Virginia State Archives.

I woke up this morning to a frozen world. Fog and ice descended on the hills above Boone, N.C., last night and are still waiting around for the thaw. It was silent other than the periodic crack of a branch and the following echo that bounced around the hills. Stepping outside after reading Ken Ward Jr.’s remembrance of the Buffalo Creek Flood, I wondered if this stillness was similar to what the residents of communities in Logan County, W.Va., felt that morning 41 years ago today.

To contain the refuse of a coal preparation plant operated by Buffalo Mining Co., a series of three dams were built upstream from the communities along Buffalo Creek in the 1950s and 60s, as Logan County continued to grow into one of southern West Virginia’s prolific coal-producing counties. Dam No. 3, the largest, stood 60 feet above the pond and downstream dams below. When it gave way on the cold morning of Feb. 26, 1972, the others collapsed instantly.

The poor construction and regulation of coal waste impoundments that precipitated the Buffalo Creek Flood intensified during boom times when coal preparation plants used more water and produced more slurry just to keep up with coal production. As Jack Spadaro, a former superintendent at MSHA’s Mine Health and Safety Academy, told me for a story last year, “All along, as these dams were being built, they weren’t really constructed using any engineering methods. They were simply dumped, filled across the valley.”

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Virginia Transportation Board OKs Coalfields Expressway Project

Thursday, February 21st, 2013 | Posted by Nathan Jenkins

Approved on Wednesday by the Commonwealth Transportation Board, the redrawn route prioritizes Alpha Natural Resources' access to coal, not travelers' access to local communities. Click to view the full-size map.

Yesterday, Virginia’s Commonwealth Transportation Board approved a four-lane divided highway that will flatten steep mountain ridges in southwest Virginia along a route proposed by Alpha Natural Resources — the largest coal company operating in Appalachia today.

The proposed 26-mile Coalfields Expressway is only a few miles off of several less destructive routes studied by the Virginia Department of Transportation in 2001 when it conducted a detailed environmental review of the area. The difference is that VDOT looked for a suitable place to build a highway. Alpha and other coal companies such as Rapoca Energy, on the other hand, selected the most profitable route for surface mining, using the highway as justification for the environmental toll they would inflict along the way.

This difference in purpose of the proposed routes is apparent when you look at the estimated impacts. The route VDOT selected in 2001 would have a 750-foot right of way that would disturb about 1,100 acres of land, four miles of streams and 720 acres of forest. Those impacts alone are daunting, but they pale in comparison to the redrawn route. Alpha’s path of destruction, with its 2,200-foot right of way, would flatten more than 2,100 acres, bury 12 miles of streams and clear-cut more than 2,000 acres of forest — not to mention destroy two churches and three cemeteries.

Nevertheless, VDOT sees this “coal-synergy” project as beneficial because it will cost taxpayers $2.8 billion to build, as opposed to the projected $5.1 billion without collaboration from the coal industry. The savings are disputable, however, and do not factor in the environmental cost of the road’s relocation. VDOT’s rush to make this project a reality has led them to disregard recommendations from the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service — all of which are asking for a full environmental review of the new route.

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A Clearcut Connection Between Mountaintop Removal and Climate Change

Wednesday, February 20th, 2013 | Posted by Melanie Foley

Mountaintop Removal and other destructive land uses could turn the Southern Appalachians from a carbon sink to a carbon source in as little as 12 years.

Scientists from the universities of Kentucky and California recently released a study detailing the climate implications of coal extraction by mountaintop removal. If coal mining continues at its current pace, the authors predict the next 12 to 20 years will see Southern Appalachian forests switch from a net carbon sink to a net carbon source — meaning the area will emit more carbon than it takes in.

Consequently, ending mountaintop removal may have more environmental benefits than originally realized. The long-standing goals of mountaintop removal opponents have been to protect human lives, improve drinking water, and support ecosystem health. This new research shows that ending this destructive mining practice would also be a victory in the fight against climate change — and not just by moving away from dirty coal.

1 Comment »

Forward on Climate!

Monday, February 18th, 2013 | Posted by Matt Abele

This past weekend’s Forward on Climate rally in Washington, D.C., made it more evident than ever that America is ready for a clean energy future. I arrived on a bus from Asheville, N.C., to join close to 50,000 people from across the country and world. As a collective, we showed up inspired and enthused, ready to bring the fight to the White House.

Join the nearly 80,000 people who have signed an open letter to the president calling for bold climate action!

People gathered around a central stage located next to the Washington Monument to listen to keynote speakers ranging from U.S. Senator Sheldon Whitehouse to indigenous leaders from the U.S. and Canada. These speakers rallied up the crowd as they charged them to stand behind President Obama and make sure he sticks to his promise of a clean energy future by rejecting the Keystone XL tar sands pipeline and promoting alternatives to coal, gas and oil.

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Appalachian Voices staff attended the rally to support communities that have been devastated by mountaintop removal. We were there to join 167 fellow sponsoring organizations in a call for climate action, but also to remind those calling for major policy shifts that economic diversification in the region must be included in a national strategy to combat climate change.

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