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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The Appalachian Citizens Enforcement Project

Thursday, May 16th, 2013 | Posted by Erin Savage

Visit www.ace-project.org to learn more about the Appalachian Citizens Enforcement Project and how you can help protect clean water rights.

The Appalachian Citizens Enforcement Project (ACE Project) is a new citizen water monitoring program being launched by The Alliance for Appalachia this summer. Appalachian Voices’ own Appalachian Water Watch team has been working with several Alliance partner organizations over the last two years to recruit and train volunteers to monitor and report water quality data in their area. Now our program is joining this greater water monitoring effort through partnerships in the ACE Project.

In 2011, Appalachian Water Watch launched community-based water testing in eastern Kentucky and southwestern Virginia. Through partnerships with Southern Appalachian Mountain Stewards and Kentuckians for the Commonwealth, we recruited over 50 water monitoring volunteers. Now, the ACE Project will expand water monitoring even farther, into Tennessee and West Virginia. Coal River Mountain Watch and United Mountain Defense have already submitted additional data from West Virginia and Tennessee, more than doubling the amount of data collected.

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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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Coal Ash Floods Congress and the Courts

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

e. The trend is likely to continue until EPA announces clear rules to regulate the to

Since the 2008 Kingston, Tenn., coal ash spill, the toxic waste has been hotly debated in the media, Congress and the courts.

On April 11, the U.S. House of Representatives Subcommittee on Environment and Economy held a hearing in part to promote the Coal Ash Recycling and Oversight Act of 2013, drafted legislation that would prevent the EPA from implementing federal regulation of coal ash, leaving regulation up to the states.

Some witnesses, including the former director of the Mine Safety and Health Academy, Jack Spadaro, and Lisa Evans, an attorney for Earthjustice focused on hazardous waste, testified against the draft, which is modeled on past legislation that failed and was called “unprecedented” in environmental law by the nonpartisan Congressional Research Service.

“Without a doubt, when mismanaged, coal ash harms Americans nationwide by poisoning water and air and by threatening the very existence of communities living near high hazard dams,” Evans said at the hearing. “We must work together to establish regulations that foremost prevent injury to health and ensure the safety of all communities.”

Spadaro, who has been involved in the evaluation and regulation of coal waste dams since 1972 and wrote federal and state regulations governing the structural integrity of dams in the wake of the Buffalo Creek Flood, cautioned subcommittee members against moving ahead with the draft. According to Spadaro, the proposed legislation lacks the adequate engineering requirements and enforcement by a federal agency necessary to prevent another spill similar to the TVA disaster that would lead to irreversible environmental damage and possible loss of life.

“There are thousands of such structures in the United States at this time,” Spadaro said, “and the failure of one or more of these dams is assured unless strict engineering standards are imposed.” The Southeast is home to 40 percent of the nation’s coal ash impoundments, and according to the EPA, contains 21 of the nation’s 45 high hazard dams.

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EPA Releases Proposal To Update Clean Water Act Standards for Power Plant Pollution

Monday, April 22nd, 2013 | Posted by Sandra Diaz

The U.S. Environmental Protection Agency has finally proposed a range of options to regulate waste water from power plants which are responsible for half of the nation’s water pollution. While the public comment period has yet to begin, a public hearing is schedule for July 9th in Washington, DC.

More details on the rule itself, and how to submit your comments will be become available on appvoices.org/rww/power-plant-waste/

Below is a press statement from Appalachian Voices and a number of allied organizations.

After 30 years of inaction, EPA finally proposes plans for power plant water pollution includes options protecting waters from toxic pollution as well as weaker standards that maintain the status quo

Washington, D.C. – The Environmental Protection Agency proposed a number of regulatory options late last Friday night, known as steam electric effluent limitation guidelines for power plants, two of which will finally clean up water pollution from hundreds of power plants.

Power plant water discharges are filled with toxic pollution such as mercury, arsenic, lead, and selenium – heavy metals that can cause neurological and developmental damage, cause harm in utero, damage internal organs and cause cancer. Power plants are the biggest sources of water pollution in the country, yet the EPA has not reviewed regulations for this industry in more than 30 years. To address this unacceptable delay, environmental groups filed a lawsuit in 2010 to force the EPA to take action and regulate this dirty industry.

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Canvassing Against Coal Ash

Friday, March 15th, 2013 | Posted by Matt Grimley

The Red, White & Water team hit the streets near Belmont, N.C., to speak with residents who live near Duke Energy's G.G. Allen Steam Station about the threats of coal ash pollution.

Last Saturday, the Red, White and Water team traveled to Belmont, N.C., to the G.G. Allen Steam Station for a day of canvassing. Walking door-to-door, we asked residents of the communities near the coal-fired power plant if they had been impacted by water pollution.

I met Archie Dixon, who was featured in the Gaston Gazette a few months ago. Dixon had complained to Duke Energy, which owns the power plant, about coal ash staining his property and getting into his drinking water. I spoke with him while he and his grandson (also named Archie, or “Lil’ Arch”) waited for a plumber for a broken pipe on their property. In his garage sat a waist-high stack of bottled water. Mr. Dixon said that he still refuses to drink his own home’s water.

The pollution near the plant happens in two ways. One is through coal ash ponds. Coal ash is the waste byproduct from burning coal and it contains contaminants such as arsenic, mercury and chromium. Because the one active coal ash pond at G.G. Allen is an unlined impoundment, these toxics can seep into groundwater. Tests near the plant have revealed exceedances in manganese, iron and nickel in the groundwater.

Effluent is the other form of pollution at G.G. Allen — the plant wastewater that discharges directly into the surface waters of nearby Lake Wylie. Under the Clean Water Act, permits are issued for each of the plant’s discharge points. These permits, however, only set limits for traditional pollutants, including oil and grease, “total suspended solids” and pH. They rarely limit pollutants such as mercury, selenium, and arsenic. And with a lack of federal guidelines, many states don’t set their own permit limits for these toxic chemicals.

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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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“I’m Here Because I Love Mountains:” Watch a speech by Appalachian Voices’ JW Randolph

Tuesday, February 12th, 2013 | Posted by

On Feb. 8, Appalachian Voices Tennessee Director, JW Randolph, spoke to members of the state legislature, the media and the environmental community. Below is a video and the transcript of his speech in support of the Tennessee Scenic Vistas Protection Act, a bill to protect the state’s virgin ridgelines from mountaintop removal coal mining.

Hello, my name is JW Randolph, and I’m proud to serve as the Tennessee Director for Appalachian Voices. I’m here to speak with you for a few minutes about efforts to protect Tennessee’s mountains, but first I want to thank the members that have joined us here this morning. Chairman Southerland and Representative Gilmore have both supported the Scenic Vistas Protection Act, and we’re happy you’re here. We’re thankful to you both and look forward to continuing to work with you to pass this important legislation. I would also like to thank those in attendance for engaging in the democratic process, and finally I’d like to thank the Tennessee Environmental Council, Gretchen Hagle, John McFadden and your team. You guys are great leaders in this movement here in Tennessee and for us here on Capitol Hill, we all appreciate you and the work you do.

I’m here because I love mountains. I grew up in a log cabin my father built in the woods, on the banks of the Tennessee River. And like many of you, I got to know my family, my place, and our history through walking the beautiful woods and waters of middle Tennessee, fishing, hiking, and 4-wheeling. The time spent in these mountains taught me about freedom, responsibility and self-reliance. This was where I learned the best of home, the best of our state, and the best of what our country has to offer. As I got older, I learned that not too far away, near our ancestral land, coal companies were blasting apart the mountains, and poisoning the streams that we ran through.

My daughter will turn two years old this month. When I was her age, there were 500 mountains across Appalachia that are no longer there. Since then there have been 2000 miles of streams buried by mining waste, and 125-square miles of The Cumberland Plateau that has been altered irrevocably. That is why its important that Tennesseans join the effort to pass the Tennessee Scenic Vistas Protection Act.

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Kentucky Attempts to loosen Selenium Standards, Fish Attempt to Leave the State

Friday, February 8th, 2013 | Posted by Eric Chance

Fish deformed by selenium pollution

The Kentucky Energy and Environment Cabinet is in the process of making the state’s water quality standard for selenium less stringent. Selenium is a metal that is especially toxic to fish, and is often released into streams through coal mining.

There will be a hearing before the Administrative Regulation Review Committee on Monday February 11, at 1 p.m. in Room 149 of the Capitol Annex, where, according to the Energy and Environment Cabinet website, the public “may” be able to speak out about this, but we still encourage concerned citizens to attend.

Selenium is a toxic nonmetal that is present in some coal and coal ash. Some of Kentucky’s mines release a lot of selenium because they are mining high-selenium coal seams, while others don’t release any.

Selenium is extremely toxic to fish in very low amounts because of its tendency to bioaccumulate. Selenium builds up in small fish and macro-invertebrates, and it accumulates even more in the fish that eat them. Toxic effects of selenium in fish include reproductive problems, deformities, damage to gills and organs, and death. The most obvious deformities are strangely curved spines, and “pop eye” — a buildup of fluid behind the eyes, causing them to bulge out.

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N.C. Environmental Commissions Under Attack by Senate Bill 10

Wednesday, February 6th, 2013 | Posted by Davis Wax

Update: In about 48 hours, with almost no chance for public input, the North Carolina state Senate passed a poorly designed bill to fire all current members from several N.C. advisory boards and commissions, including the Utilities Commission and Environmental Management Commission. Give your state Rep. a call today and ask that they oppose this legislative overstep and actually govern. [http://www.ncleg.net/representation/WhoRepresentsMe.aspx]

An unprecedented power grab is in the works in North Carolina, where Republican majority leaders are looking to cut and replace environmental and other key decision-makers on the party’s own terms.

State Sen. Bill Rabon introduced SB 10 aimed at removing environmental experts from state committees. Photo credit to ncleg.net.

The N.C. Senate Rules Committee met on Feb. 5 concerning Senate Bill 10, the “Government Reorganization and Efficiency Act,” legislation that seeks to remove 131 members of eight influential state boards and commissions before their terms are up. This action would see the effective gutting of environmental experts from the state’s decision-making process and the likely appointment of new, pro-industry members.

If there were ever a time to send a message to your North Carolina state senator, it would be now. Call them or email them today!

Among the committees being affected are the Coastal Resources Commission, the Environmental Management Commission, the Industrial Commission, and the Wildlife Resources Commission. Most importantly, the bill would allow the General Assembly and the governor to hand-pick replacements.

The number of environmentally-focused boards possibly being stripped of their membership could spell disaster for ongoing projects concerned with regulating pollution and protecting the environment. The new commission members would not have the level of expertise or the familiarity with the projects of current members, thus ensuring the degradation of the state’s progress toward proper environmental protection.

That’s not the whole story, though, as further steps are being taken to weaken the influence of environmentally-conscious voices in the legislature.

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Appalachain Voices and Partners Object to Backroom Deal With Kentucky Coal Company

Monday, February 4th, 2013 | Posted by Eric Chance

Frasure Creek owner, and billionaire, Ravi Ruia's yacht. Note the matching helicopter! Frasure Creek Mining is apparently on the verge of bankruptcy, but it's owners seem to be doing just fine. Click the image to learn more about the boat.

A coalition of citizens’ groups including Appalachian Voices filed objections 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 would legally resolve over a thousand water pollution violations from 2011 and 2012 at all of Frasure Creek’s mines across Eastern Kentucky, but the agreement will not fix the pollution problems.

Despite the fact that we are full parties to this enforcement action, this agreement was crafted entirely behind closed doors without us. Over and over again the cabinet has made every effort to exclude us and aid polluters. One of our objections to this settlement is that it has violated our right to due process since our names are on this agreement yet we had no say in it whatsoever.

Some of Frasure Creek's false conductivity values

Even more alarming, we expect that if this agreement is entered the cabinet will likely try to argue that this makes another ongoing case that we are involved in moot. That case is primarily based on blatantly false water monitoring reports submitted by Frasure Creek. Prior to that legal action, Frasure never admitted having pollution problems like the ones at issue in this case. It was not until they came under increased scrutiny, following our initial court filing, that they began reporting more truthful water monitoring data, uncovering the pollution violations at issue in this settlement.

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Coal Ash: Now a Part of a Balanced Breakfast

Thursday, January 31st, 2013 | Posted by Hallie Carde

This just in: in addition to fruits and veggies, our nation’s children should be getting their daily dose of coal ash. Or at least that’s what statements at a public hearing in Franklin County, Missouri, seem to suggest.

Just last week, there was a hearing for a lawsuit filed by the Labadie Environmental Organization over a zoning amendment that would allow Ameren Corp. to construct a new coal ash landfill in the heart of a floodplain. Toxicologist Dr. Lisa J.N. Bradley, testifying on behalf of Ameren Energy Corporation, said, “A child could consume coal ash every day and have no increased exposure to arsenic.”

Bradley was recently elected to the Executive Committee of the American Coal Ash Association, a lobbying organization whose membership includes Ameren, Duke Energy, Southern Company and other large coal-burning utilities. Unfortunately, it seems that conflict of interest was lost on Associate Circuit Court Judge Robert D. Schollmeyer, who dismissed the lawsuit citing Bradley’s testimony.

Maximiliano Calcano, age 2, is one of the first children born with a dramatic birth defect attributed to the coal ash dumping in the Dominican Republic.

There are many who have had to face the traumatic effects of toxic coal ash firsthand. Following the AES Corporation’s dumping of 80,000 tons of coal ash waste along the shores of the Dominican Republic between 2003 and 2004, the country’s women have suffered years of consistent miscarriages, abnormal levels of arsenic in their blood, and births to babies with cranial deformities, external organs, and missing limbs.

While we have yet to uncover such a horrific case here in the states, concerns over coal ash are real. Archie Dixon lives just south of Belmont, N.C., where Duke Energy’s coal ash ponds are some of his closest and most unwelcome neighbors. Distrustful of the visible grime and discoloration of his water, Mr. Dixon has been buying bottled water for years, unwilling to ingest the water from his home’s private well. Despite reassurance from Duke Energy officials who say that lab tests show that the sediment in Mr. Dixon’s water is of naturally occurring materials, he refuses to take any risks with his water. Dixon is not the only member of his community concerned about coal ash.

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Congratulations to our conservation allies on a major victory in the fight to end mountaintop removal!

Thursday, November 15th, 2012 | Posted by Brian Sewell

Patriot Coal Co., one of the largest coal companies operating in Central Appalachia, today announced it will phase out mountaintop removal mining coal mining over the next several years, saying its decision is in the “best interests of the company and the communities where it operates.”

The announcement is the result of an agreement between Patriot and environmental and community groups who have won a series of legal victories to force Patriot to clean up selenium pollution from its coal mines.

Appalachian Voices sends a hearty congratulations to Ohio Valley Environmental Coalition, the Sierra Club, West Virginia Highlands Conservancy — and especially to Joe Lovett and Appalachian Mountain Advocates — for this unprecedented victory, which is the result of more than a decade of hard work and brilliant legal strategy.

Credit is also due to Patriot’s President and CEO Ben Hatfield for acknowledging the significant impact that mountaintop removal mines have on nearby communities and the environment.

Despite dozens of scientific studies demonstrating severe environmental and health impacts of mountaintop removal coal mining, this is the first time a major operator of mountaintop removal mines has acknowledged those impacts.

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Moving Appalachia Forward!

Thursday, November 8th, 2012 | Posted by Brian Sewell

Editor’s Note: As part of the launch of the “No More Excuses” campaign on iLoveMountains.org, we asked people whose lives have been directly impacted by mountaintop removal coal mining to contribute their thoughts on why President Obama should make ending mountaintop removal a priority in his second term.

The first in the series is a reflection by Nick Mullins, who was born and raised in southwestern Virginia and, until recently, worked at an underground coal mine there. Nick is now studying at Berea College in eastern Kentucky and blogs on the web site he created, The Thoughtful Coal Miner.

What are the Appalachian Mountains? Are they simply huge mounds of dirt and rock covered by forests? Are they containers for vast resources of energy and wealth? To my family — who have called the Appalachian Mountains home for ten generations — the mountains are much, much more. The mountains are our life, our heritage and our happiness. They are our shelters, our providers of clean water. They are a place where community and being a neighbor is more than just living beside someone.

Unfortunately, there are also those who see our mountains only as a source of wealth, rather than as part of our homes and our culture. They see them as obstacles to profit, and the people of Appalachia as the labor resource to harvest it.

Every day more blasts are detonated and more miles of freshwater streams are destroyed by mountaintop removal mining operations in the mountains where I was raised. The clean water that families once depended upon is now and forever stained and polluted.

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Cape Fear: Starring Toxic Contaminants, Directed by Coal Ash

Sunday, October 28th, 2012 | Posted by Matt Grimley

When state regulators were shown groundwater test samples taken near the Cape Fear River in eastern North Carolina with elevated levels of arsenic, thallium and chloride, the contaminants that seeped in from Lake Sutton, a coal ash pond next to the Sutton coal plant….that means the regulators made the plant clean it all up, right?

It's as simple as she says: do we want coal ash (which makes Robert de Niro in Cape Fear look like an alright guy), or do we want clean water?

Well, they didn’t. That’s why last week, the Southern Environmental Law Center filed a formal complaint on behalf of four groups in North Carolina to push for more enforcement from the state Environmental Management Commission on the regulation of coal ash ponds. Kemp Burdette, the Riverkeeper with Cape Fear River Watch, said that state regulators are collecting samples that exceed NC groundwater standards, but are not forcing any of the coal plants to clean it up. “Over time, exposure to this stuff is going to make people really sick,” he said. “It’s going to have an impact on the human body.”

Coal ash, the toxic byproduct of burning coal for electricity, is typically stored in wet, often unlined ponds. These ponds then seep into neighboring groundwater. All across the nation, groundwater resources have been contaminated by coal ash. And as the Washington Post recently demonstrated, any protection of our nation’s waters from coal ash is being halted until after the election.

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Worried about Water? The EPA’s New Tool Can Help

Tuesday, October 23rd, 2012 | Posted by Brian Sewell

Maps provide a valuable perspective of the lay of the land, the ability to identify local waterways, their length and proximity to urban or agricultural areas, and their connectivity as they wrap around hills or snake through open plains. But there was always something you couldn’t learn about rivers and streams near your community by just looking at a map, at least until now.

On the 40th Anniversary of the Clean Water Act last week, Appalachian Voices was so caught up celebrating with the release of our “Clean Water Act at 40” report and video, we almost missed the release of the U.S. Environmental Protection Agency ingenious, easy-to-use website and mobile app, “How’s My Waterway?” Just enter your town, or let the tool find your location, and you’ll see a map like most others. But in a few clicks, you can find out which of your local waterways are polluted — and for those that are, what’s being done about it.

Once a river or stream is selected, “How’s My Waterway?” provides a rundown on the type of pollution reported for that waterway. Keep clicking and you’ll find a wealth of technical information and reports with descriptions of each type of water pollutant, likely sources and potential health risks. Pretty cool, huh?

Checking up on my local waterways using the EPA's new "How's My Waterway" tool.

So cool, that I’ve been digging into water data that I didn’t even realize was available. After letting the tool find my home in downtown Boone, I zoomed in on the Middle and East forks of the New River where they run through the eastern edge of town. According to the 2010 data used in creating “How’s My Waterway?”, both stretches of water are impaired for aquatic life. Looking at the map, the streams border the Boone Golf Course.

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