Follow Us on Twitter: Appalachian Voices | iLoveMountains.org

Posts Tagged ‘appalachia’

« Older Entries

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

Friday, May 17th, 2013 - posted by eric

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.
(more…)

Tags: , , , , , , , , , ,
Posted in All Posts, Front Porch Blog | No Comments »

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

Friday, May 17th, 2013 - posted by eric

FOR IMMEDIATE RELEASE

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

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

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

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

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

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

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

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

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

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

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

BACKGROUND

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

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

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

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

####

Tags: , , , , , , , , , , , , ,
Posted in Press Releases | No Comments »

A Must-Read Report, Another Reminder It’s Time to Build Something New in Central Appalachia

Tuesday, May 14th, 2013 - posted by brian

An updated and expanded report is a potent reminder that coal's decline isn't going away and policymakers should accept the challenges, just as many people already have. Click through to read the report's key findings.

The litany of voices pointing to the writing on the wall for the Central Appalachian coal industry continues to grow. They’re saying the same thing in almost every way imaginable, and have been for some time.

Watching coal production decline and demand shift as other energy sources out-compete coal domestically, it is vital that policymakers in Central Appalachia begin implementing policies and investments aimed at building a foundation for economic alternatives in coal-producing counties. A report released this morning by the consulting firm Downstream Strategies is a pretty good reminder why.

“The Continuing Decline in Demand for Central Appalachian Coal: Market and Regulatory Influences” expands on a January 2010 study and provides a detailed look at the challenges Central Appalachia faces, further making the case for the urgent need to act.

As the report’s lead author, Rory McIlmoil, who recently joined Appalachian Voices’ staff as energy policy director, points out:

Numerous factors influence demand for Central Appalachian coal, each of which has had — and will continue to have — a significant impact on the local economies where the coal is mined. In 2010, we recommended that state and local leaders take immediate steps to help diversify coalfield economies. To a large extent, that has not happened. However, it is vital that public officials begin making the political and financial investments necessary to build the foundation for new economic development opportunities in coal-producing counties.

(more…)

Tags: , , , , , , , , ,
Posted in All Posts, Front Porch Blog | No Comments »

Tending to Appalachia’s Bright Future

Tuesday, May 14th, 2013 - posted by Cat

A word cloud created from workshops and panel sessions at the conference show the prevalence of positive thinking and themes. Courtesy of Kentuckians for the Commonwealth

I had never been to Harlan County. Sure, I’ve heard the songs, seen the movie, and know the stories, but nothing compares to being there, driving the Kentucky back roads, stopping in local shops, talking to folks.

It’s beautiful country, especially in April with the redbuds blooming and the bright greens of spring blushing up the mountainsides. It’s a friendly place – people went out of their way to make me feel welcome.

It also has more than its share of economic troubles. This is coal country, after all, where big companies haul out the black rock and most of the profits along with it. Harlan County and most of the surrounding counties have a poverty rate in the range of 20 to 28 percent.

This is not news to people living here. They know it, they live it, and they are looking at a million different ways to change it, to create Appalachia’s Bright Future. This was the name of the three-day conference in Harlan, hosted by Kentuckians for the Commonwealth a few weeks ago. It brought together more than 200 people from eastern Kentucky and beyond for an extended conversation about creating a just economy in the region. There was much discussion about what that even means, and while attendees each had a slight variation, several common themes emerged:

1. There is no silver bullet. There is no single industry or company that will turn it all around. Which is a good thing, most agreed, because a root cause of the region’s woes is being too dependent for too long on one industry.

2. There is no magic wand. No one is going to come in “from the outside” to rescue Harlan, or the rest of Appalachia’s’ coal country.

3. It’s about “leadership in place.” The future lies in nurturing home-grown entrepreneurship. Unlike a generation or two ago, young people today want to stay here, and many people who moved away want to return. This profound sense of homeplace was evident throughout the conference.

4. It’s about community and resilience, improving the quality of life and opportunity for everyone, collaborating with neighbors down the street or two counties over so that all can benefit.

5. It’s also about honoring coal miners and their families, those who have sacrificed in untold ways to help build our nation and power our modern lives, who deserve all the opportunity and benefit of a “just economy” as well.
(more…)

Tags: , , , , ,
Posted in All Posts, Front Porch Blog | No Comments »

VICTORY: Senate Committee Passes Energy Savings Act

Thursday, May 9th, 2013 - posted by jw

With Overwhelming Bipartisan Support, the U.S. Senate Yesterday Began Moving a Common Sense Energy Efficiency Bill. Here’s Why We’re Celebrating.

Well, the US Chamber of Commerce, the National Association of Manufacturers, and Appalachian Voices all agree — it’s time for America to move forward with energy efficiency.

Yesterday, the U.S. Senate Committee on Energy and Natural Resources passed the Shaheen-Portman Energy Savings Act (S 761) by a vote of 19-3. This legislation focuses on improving building codes, while increasing energy efficiency at the industrial level and for federal government facilities.

There was some very encouraging discussion on the bill (starting at 30:35-41:10, and picking up again at 42 minutes).

Democratic Chairman Sen. Ron Ryden of Oregon and Ranking Republican Sen. Lisa Murkowski were among those speaking in favor of the measure. Appalachia’s senators all voted AYE, including Republican bill sponsor Sen. Rob Portman of Ohio, Tennessee’s senior Republican Sen. Lamar Alexander and West Virginia Democrat Joe Manchin. Appalachian Voices applauds these members in their pursuit to increase energy efficiency in our region.

Below is Appalachian Voices’ statement on passage of the bill, followed by the full vote count:

On behalf of our members, Appalachian Voices strongly supports the Energy Savings and Industrial Competitiveness Act (S. 761). Since much of the region’s economy depends on the manufacturing and industrial sectors, this Act will provide significant benefits for Appalachian businesses, communities and local economies. These benefits include reduced energy costs, increased competitiveness, economic development and job creation, and healthier communities. As we expand our recently-launched Energy Savings for Appalachia program, our goal will be to serve as a partner to state and local governments who would benefit from the opportunities provided by this Act.

Appalachian Voices applauds the collaborative, bi-partisan nature of this legislation. For too long, partisan conflict has negatively impacted our ability to maximize our nation’s economic potential. That potential is directly tied to the efficient use of resources and energy. In addition, impacts to the environment and to the health of our citizens resulting from the extraction and consumption of fossil-fuels have a direct negative impact on the economy. Therefore, it is refreshing to know that our elected representatives have found common ground with the understanding that a strong economy is an efficient economy.

The requirements and models laid out in the Energy Savings and Industrial Competitiveness Act provide a strong boost for energy efficiency, which has long been promoted as the “low-hanging fruit” for energy development. As recognized by the Act, energy-efficient technologies are already available, and are extremely cost-effective, paying for themselves over a short period of time. The Act also recognizes that strengthening our economy through improvements in energy efficiency is also a long-term investment, one that requires research and development, workforce training, and strong financial incentives for businesses.

While we fully support the Energy Savings and Industrial Competitiveness Act as currently written, Appalachian Voices believes that the bill could be strengthened in the following ways:
(more…)

Tags: , , , ,
Posted in Front Porch Blog | No Comments »

Mountaintop Removal 101: Congressional Research Service Updates Report

Thursday, May 2nd, 2013 - posted by brian

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.
(more…)

Tags: , , , , , ,
Posted in All Posts, Front Porch Blog | No Comments »

Advancing Energy Efficiency in Virginia

Wednesday, May 1st, 2013 - posted by nathan

Learn about the electric membership cooperatives that serve Virginians and communities across the region on our Energy Savings for Appalachia page.

When it comes to energy efficiency, Virginia’s policymakers could do more, a lot more. The commonwealth came in 37th place on the American Council for an Energy-Efficient Economy’s (ACEEE) most recent state scorecard, which ranks states by energy efficiency policies.

The scorecard follows up on a report the group published in 2008, stating that Virginia could meet 31 percent of projected demand by 2025 with “cost-effective” energy efficiency initiatives.

The report defines cost-effective measures as those that would cost less to implement than what the average resident currently pays for electricity. In Virginia, that is slightly over 10 cents per kilowatt hour meaning that for less than 10 cents per kilowatt-hour, Virginia could avoid 31 percent of projected electricity demand. In fact, 85 percent of the recommendations would cost less than eight cents per kilowatt hour.

Contrasting what is possible with what would have a chance in the Virginia legislature, the report also looked at a less aggressive option of 19 percent efficiency by 2025. The costs for these measures would all be less than 8 cents per kilowatt hour and many would be under three cents — or less than one-third of what it would cost to fill that gap by burning coal and natural gas.
(more…)

Tags: , , ,
Posted in All Posts, Front Porch Blog | No Comments »

Tennessee Tuesday: What Do We Do Now?

Tuesday, April 30th, 2013 - posted by jw

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.

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.”
(more…)

Tags: , , , , , , , ,
Posted in Front Porch Blog | 4 Comments »

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

Tuesday, April 23rd, 2013 - posted by brian

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.
(more…)

Tags: , , , ,
Posted in All Posts, Front Porch Blog | No Comments »

Policy Expert to Steer New Energy Savings Program

Tuesday, April 16th, 2013 - posted by Jil

Rory McIlmoil, Appalachian Voices’ new energy policy director, is descended from West Virginia pioneers and feels a strong connection to the Appalachian mountains.

The Southeast possesses some of the greatest resources for making energy use more efficient, and Appalachian Voices has a plan to help unleash that potential.

This spring, we are launching a new program focused on promoting energy savings and reducing the use of coal-fired power in rural Appalachia and the Southeast. Rory McIlmoil, a long-time advocate for Appalachia with a background in environmental science and policy, is joining the Appalachian Voices team to lead our Energy Savings for Appalachia program.

“I’m excited to join Appalachian Voices to help kickstart the energy efficiency industry in Appalachia as a way to develop new economic opportunities for the Southeast, something that state and federal leaders have not focused on,” says Rory. “At the same time, this work will help residents protect their communities, health, and the environment by reducing demand for coal-fired electricity.”

Rory interned with Appalachian Voices in 2007, and has spent the past five years heading the energy program at the West Virginia-based environmental consulting firm Downstream Strategies. He will be working closely with our North Carolina, Tennessee and Virginia programs to educate electric cooperatives (member-owned utilities) and their customers on the multiple economic and environmental benefits that saving energy can have.

“Appalachian Voices has crafted a common-sense, strategic plan to reduce residential electricity demand, and therefore electric bills, and to accelerate the growth of an energy efficiency services industry in Appalachia,” says Director of Programs Dr. Matt Wasson. “Rory’s knowledge of the science of energy issues in Appalachia and his in-depth analysis of economics data give him an edge in understanding how we can advance these solutions.”

“Very few financing programs exist for electric co-op members in our region,” says Matt. “In addition to grassroots outreach, one of our goals will be to help develop and build public support for state and federal energy savings and clean energy policies.”

One of the program’s first goals will be to launch an online Energy Savings Action Center to provide residents with information about making their home more efficient and their electric bills cheaper. The site will point consumers to programs offered by their electric provider, and connect them with small businesses that offer energy audits, weatherization and other services that result in savings on electric bills while supporting a clean, local economy.

The action center will also track how Appalachia’s congressional representatives vote on clean energy bills and will help citizens send messages to their elected officials and hold them accountable.

“Building these relationships is critical for helping communities develop forward-thinking solutions at a time when politicians seem to be looking backwards,” Rory says. “Joining the terrific staff at Appalachian Voices to lead the new energy savings program is a great opportunity and I’m excited to be a part of such a progressive organization.”

Rory received his B.S. in Earth and Environmental Science from Furman University and a master’s in Global Environmental Policy from American University. It was in graduate school that he learned about the devastation of mountaintop removal coal mining and coal’s impact on citizens throughout the Southeast. “As I became more aware of those problems, I began thinking of ways I could help make a difference.”

In addition to his policy and research work with Downstream Strategies, Rory has served as the Campaign Director for the Coal River Wind Project and conducted climate change science through a U.S. Department of Energy and National Science Foundation research project.

A descendant of West Virginia pioneers, Rory lived throughout the Southeast before settling back in the Appalachian Mountains. He enjoys backpacking, beekeeping, growing his own food and woodworking.

“These are some of the oldest, most biologically diverse mountains in the world,” Rory says. “When you have lived in Appalachia and have learned how these communities are connected to the mountains, you become part of it and you can’t do anything else but try to protect it.”

To contact Rory and our new Energy Savings in Appalachia program, visit appvoices.org/energysavings or email rory@appvoices.org.

Tags: , , , ,
Posted in 2013 — Issue 2 (April/May), Inside Appalachian Voices, The Appalachian Voice | No Comments »

« Older Entries