Posts Tagged ‘Coal’

Environmental agency asleep at the switch?

Friday, November 21st, 2014 - posted by tom
Water flowing from one of the discharge points in Floyd County, Ky., that Frasure Creek Mining was turning in false water monitoring reports about.

Water flowing from one of the discharge points in Floyd County, Ky., that Frasure Creek Mining was turning in false water monitoring reports about.

At first, I couldn’t believe what our Appalachian Water Watch team had discovered earlier this year: almost 28,000 violations of the Clean Water Act by a single company in the coal counties of eastern Kentucky. It appeared to be the most extensive incident of non-compliance in the law’s 42-year history.

Frasure Creek Mining had duplicated or otherwise falsified hundreds of the water pollution reports it’s required to send to the state. Equally impressive is the fact that, over the course of a full year and a half, state regulators apparently failed to notice.

It’s shocking – but alas, not a surprise. This level of callous disregard for the laws meant to protect our health, safety, and natural heritage is all too common among Appalachia’s coal companies, regulators and often politicians. Here’s a short list.

  • An employee of a major W.Va.-certified lab pled guilty in October to faking water quality samples for coal companies — not just a few times, but for six years.
  • Last week, Tennessee fined three companies owned by Jim Justice $1.36 million for failing to submit pollution reports at 25 coal facilities, all of which had been warned twice. The companies appealed the fines, as is the MO for Justice-owned companies.
  • Don Blankenship, CEO of Massey Energy when 29 miners died in 2010 at the company’s Upper Big Branch mine in W. Va., was indicted in November on four criminal counts for conspiring to willfully violate safety rules, conceal violations, and then lying about it.
  • According to a recent investigation by National Public Radio, 9 out of 10 coal mining companies with the highest unpaid fines for safety violations are in Appalachia, ranging from $1 million to almost $4.5 million, with a total of 9,839 violations.

Back to Frasure Creek Mining, this wasn’t the first time we’d caught the company falsifying pollution records and found the state apparently asleep at the switch. In 2010, Appalachian Voices discovered 9,000 violations over a two-year period. We and our allies in Kentucky took legal action to compel the state to enforce the law, and the company to comply.

The pattern is clear. Coal companies continue to benefit from a widespread failure to enforce the law that is devastating the land and water and communities’ health. The toll on the citizens and communities of Appalachia is equally clear –- higher than average rates of cancer and birth defects, persistent poverty, poisoned streams, and a deep-rooted sense of place rocked by the blasts of explosives that flatten mountain after mountain.

With this in mind, Appalachian Voices and our partners served Frasure Creek Mining on November 17 with a notice of our intent to sue for the recent spate of Clean Water Act violations. The fight for justice continues.

For the waters,
Tom

PS: See this excellent article from the New York Times.

Citizen groups take legal action against Kentucky coal company for falsifying water pollution reports

Monday, November 17th, 2014 - posted by cat

State regulators ignore clean water protections and enforcement

CONTACTS

Erin Savage, Appalachian Voices, 828-262-1500, erin@appvoices.org
Ted Withrow, Kentuckians For The Commonwealth, 606-784-6885 (h) or 606-782-0998 (c), tfwithrow@windstream.net
Pat Banks, Kentucky Riverkeeper, 859-200-7442, kyriverkeeper@eku.edu
Pete Harrison, Waterkeeper Alliance, 828-582-0422, pharrison@waterkeeper.org

Eastern Kentucky – Over the course of 2013 and 2014, Frasure Creek Mining – one of the largest coal mining companies in Kentucky – sent the state false pollution reports containing almost 28,000 violations of federal law, and the Kentucky Energy and the Environment Cabinet failed to detect the falsifications, according to a letter of notification served to the company by four citizen groups. It was the second time the groups have taken legal action against Frasure Creek for similar violations.

In a 30-page notice of intent to sue mailed Friday, the groups document that Frasure Creek duplicated results from one water pollution monitoring report to the next, misleading government officials and the public about the amount of water pollution the company has been discharging from its eastern Kentucky coal mines. In some cases, Frasure Creek changed only the values that would have constituted violations of pollution limits in the company’s discharge permits. With a potential fine of $37,500 per violation, the maximum penalty could be more than $1 billion.

The notice letter was sent by Appalachian Voices, Kentucky Riverkeeper, Kentuckians For The Commonwealth and the Waterkeeper Alliance. The groups are represented by Mary Cromer of Appalachian Citizens Law Center, attorney Lauren Waterworth, and the Pace Law School Environmental Litigation Clinic. Under the Clean Water Act, citizens must give the government 60-days notice of their intent to sue for violations. If Frasure Creek fails to correct the violations within the 60-day time period, the groups said they will file suit in federal court.

>>The notice letter can be downloaded here.

Four years ago, the groups found that Frasure Creek had sent similar falsified pollution reports, copying data from one report to the next. When the violations were brought to light, the state cabinet gave the company a minimal fine and promised reforms to ensure the agency would identify misreporting in the future. However, according to the notice served yesterday, the more recent duplications are even more extensive, and the state again failed to detect the violations or take enforcement action.

“Copy and paste is not compliance,” said Eric Chance, a water quality specialist with Appalachian Voices. “The fact that Frasure Creek continued to flout the law to this extent, even after being caught before, shows it has no regard for the people and communities they are impacting. Equally disturbing is the failure of state officials to act to stop the obvious violations. We’re not sure state officials even look at the quarterly reports.”

Frasure Creek has filed false reports or violated permit limits at more than 70 discharge points from the company’s numerous coal mines across eastern Kentucky. In the first quarter of 2014, more than 40% of the all reports filed by Frasure Creek contained data that the company had already submitted in 2013. These violations occur primarily at mines in Floyd County, but also at mines in Pike, Magoffin, Knott and Perry counties. The impacted waterways include tributaries of the Big Sandy River, Licking River and Kentucky River.

“The Clean Water Act absolutely depends on accurate reporting of pollution discharges. False reporting like this undermines the entire regulatory framework that safeguards the people and waters of Kentucky from dangerous pollution,” said Waterkeeper Alliance attorney Pete Harrison. “By all indications, this case looks like the biggest criminal conspiracy to violate the federal Clean Water Act in the history of that law. The refusal of the U.S. attorney in Lexington and the Environmental Protection Agency to bring criminal cases against Frasure Creek is just as inexcusable as the state’s failure to bring this company into compliance.”

“Once gain we find ourselves in the position of having to take action against Frasure Creek for the exact same type of violations we found four years ago. The Environmental Cabinet says they do not have the personnel to enforce the Clean Water Act. I would add they do not have the will to do so,” said Ted Withrow with Kentuckians For The Commonwealth.

When the citizen groups made those violations public four years ago, the cabinet attributed the false reporting to “transcription errors” and attempted to let Frasure Creek off the hook with minimal fines and no consequences if the violations continued. That case is still pending in Franklin Circuit Court. Though the false reporting stopped for a short time, during those months when accurate monitoring reports were submitted the pollution levels spiked.

“Frasure Creek’s false reports are hiding very serious water pollution problems,” said Kentucky Riverkeeper Pat Banks. “It’s reprehensible that our state officials are ignoring the serious consequences of this illegal activity for the people and the economy of eastern Kentucky.”

“We cannot make an economic transition in eastern Kentucky without clean water for the future,” added Withrow. “More than 28,000 violations of the Clean Water Act cannot be swept under the rug.”

###

Be cool and keep fighting

Wednesday, November 5th, 2014 - posted by thom
After the tumultuous midterm elections, not that much has changed and our job in Washington, D.C., remains much the same.

After the tumultuous midterm elections, not that much has changed and our job in Washington, D.C., remains much the same.

For the next couple of weeks, you’ll have a hard time turning on the TV or going online without seeing reactions to the midterm elections. Most pundits will analyze what happened, and some will try to tell you what it means.

Here’s what it really means: maybe not that much.

To put things in historical perspective, let’s take a moment to look back at some very recent elections and their outcomes.

2008: Democrats take the White House and a supermajority in both the House and Senate! They proceed to pass climate legislation, stop mountaintop removal coal mining, usher in a new age of clean energy take a few moderate steps toward reducing the amount of permits issued for mountaintop removal coal mining.

2010: Republican wave! The GOP takes the House by a wide margin and nearly takes the Senate. They proceed to remove EPA’s ability to regulate carbon pollution and then expedite all mountaintop removal permits create a fuss while federal agencies continue to take moderate steps towards limiting coal pollution.

2012: Democrats keep the White House, and improve their numbers in both the House and Senate! They proceed to make permanent changes to coal mining and coal ash regulations while stopping global warming in its tracks make no headway on coal mining regulations, allow mountaintop removal mines to be permitted, and take only moderate steps on coal ash regulation and carbon emissions.

We don’t know what the future holds, but considering what happened yesterday there are a few things that we can be pretty sure of moving forward.

The politics of Virginia and Tennessee are not much different today than they were yesterday. No major incumbent lost their race, and the election’s outcomes gives us no reason to believe federal office holders from either state will change their behavior going forward. Appalachian Voices, for one, is happy to continue to work with members from both states and both parties.

West Virginia and Kentucky are still in Big Coal’s stranglehold. But like coal itself, the industry’s power is finite. We can’t say how soon the politics of coal will change in Central Appalachia, but we will continue to work with our allies in those states to change the conversation. For now, members of the two states’ delegations will continue to vote the way they have for years.

After 30 years as an advocate for coal miners and the coal industry alike, Rep. Nick Rahall lost to his Republican challenger, Evan Jenkins, in the race for West Virginia’s 3rd district. Rahall was the senior Democratic member and had a firm grasp on the House Transportation and Infrastructure Committee, which has jurisdiction over the Clean Water Act. His replacement in that role will likely be someone who opposes mountaintop removal coal mining. For that, we can be all be happy.

North Carolina’s Senate election was a bit of a surprise. Though, aside from Democrat Kay Hagan being replaced by Thom Tillis, the rest of delegation is unchanged.

Appalachian Voices has worked hard to build relationships with members of Congress and their staffs in both the House and the Senate. But we have known for a long time that getting comprehensive legislation through Congress is not a good short-term goal.

The White House, on the other hand, is armed with the science and has the legal authority and moral obligation to take on mountaintop removal, coal ash pollution, climate change and other threats. President Obama was never going to be able to rely on Congress to act on those issues. So from that perspective, nothing has changed.

It’s okay to be excited about a candidate you like winning an election. It’s okay to be bummed when a candidate you like loses. But it’s not okay to get so caught up in it all that you forget the big picture.

As we see it, the job before us has not changed. Our responsibilities to Appalachia, and yours, are the same today as they were yesterday and will be tomorrow.

We will keep fighting for a better future for Appalachia, and push every decision-maker, regardless of their political leanings, to stand with us. We will fight to end to mountaintop removal and for a just economic transition away from fossil fuels. We will fight because no one else is going to do it for us, and we will need you there by our side.

Mountaintop removal promotes lung cancer

Friday, October 17th, 2014 - posted by thom

A map from The Human Cost of Coal showing the above-average number of lung cancer deaths per 100,000 people in Central Appalachian Counties.

The body of research linking mountaintop removal mining to lung cancer just got a whole lot stronger.

Using dust samples collected in communities near mountaintop removal mines, a new study conducted by Dr. Sudjit Luanpitpong and other West Virginia University researchers found a direct link between air pollution and tumor growth.

From Ken Ward, Jr. of The Charleston Gazette:

The study results “provide new evidence for the carcinogenic potential” of mountaintop removal dust emissions and “support further risk assessment and implementation of exposure control” for that dust, according to the paper, published online Tuesday by the journal Environmental Science and Technology.

Six years ago, researchers found a close correlation between living in proximity of mountaintop removal coal mining sites and lung cancer mortality rates, even after adjusting for factors like smoking, poverty, race, etc. That 2008 study is just one of more than 20 studies linking mountaintop removal to health issues in neighboring communities.

While people in Appalachia have been aware of this strong correlation, this new study linking dust from mountaintop removal sites directly to the growth of lung cancer cells is the first of its kind.

“To me, this is one of the most important papers that we’ve done,” said [Dr. Michael Hendryx], a co-author of the new paper. “There hasn’t been a direct link between environmental data and human data until this study.”

Hendryx said, “The larger implication is that we have evidence of environmental conditions in mining communities that promote human lung cancer. Previous studies … have been criticized for being only correlational studies of illness in mining communities, and with this study we have solid evidence that mining dust collected from residential communities causes cancerous human lung cell changes.”

The coal industry and its allies in Congress have always been eager to dismiss claims that air and water pollution caused by mountaintop removal mining have any link to the high rates of lung cancer, cardiovascular disease and birth defects, or the decrease in life expectancy that counties with heavy mining have experienced over the past two decades.

Will this study get them to finally change their tune? It’s almost certain it won’t. It will be up to those of us who care about the health of Appalachian communities to raise our voices and simply drown them out.

Click here to learn more about how mountaintop removal impacts health in Appalachia, or visit The Human Cost of Coal on iLoveMountains.org.

The reclamation myth, it’s still happening too

Tuesday, October 14th, 2014 - posted by thom

{ Editor’s Note } A 2014 study on post-mining reclamation efforts found that “There is no evidence that mitigation is meeting the objectives of the [Clean Water Act] and looking forward there is no reason to believe this will change unless new mitigation requirements and scientifically rigorous assessments are put into place.”

It seems that whenever a picture of an active mountaintop removal mine site is posted online or shared on social media, someone steps in to comment that coal companies “put it back” or that, a few years after they reclaim the land “you won’t be able to tell the difference.”

For years, Appalachian Voices has been combating misleading claims about reclamation used by the industry and pro-coal politicians — especially the myth that mountaintop removal is necessary because it creates flat land for economic development. In a 2010 survey of mountaintop removal sites, we found that, of the 1.2 million acres of leveled Appalachian mountains, around 90 percent of reclaimed mine sites are not being used for economic development. In fact, most are just rocky grasslands not being used for anything at all.

LEARN MORE: Post-Mountaintop Removal Reclamation of Mountain Summits for Economic Development in Appalachia

Industry pic

The industry argues that it does a good job of reclaiming the land, and will use a handful of good examples of reclamation with a few nice pictures, and pretend that this is the norm. I particularly like this tweet from the West Virginia Coal Association a few weeks back.

As you can see it’s basically a pretty picture of the sun coming through the clouds with a caption that reads “100 Years of Coal Mining and West Virginia Remains Wild and Wonderful. This proves mining is a temporary land use.”

I can’t figure out how this picture “proves mining is a temporary land use.” I suppose the picture shows that companies have not blown up those particular mountains. Or the sky.

The reality of reclamation usually looks more like this…

4615471054_45b553883e_b

Or this…

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Or this…

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The failure to recapture the beauty that was once a 300-million-year-old mountain covered in old-growth, biodiverse forest is tragic, but it’s not the only problem with reclamation. Attempts to mitigate water pollution have repeatedly failed.

A 2014 University of Maryland study shows that mitigation and reclamation have totally failed to protect stream health.

According to the study:

Loss of aquatic biodiversity below [mountaintop removal] mining operations is well documented and there is no evidence that these downstream impacts decline over time–mine sites reclaimed over 20 years ago still contribute to significant degradation of water quality.

Overall the reports provide no evidence that stream mitigations being implemented for coal mining in the southern Appalachian states of Kentucky, Tennessee, Virginia, and West Virginia are meeting the objectives of the Clean Water Act to replace lost or degraded natural resource values and functions.

LEARN MORE: Mountaintop Mine Reclamation Not Adequately Restoring Affected Streams, Study Finds – Bloomberg BNA

The coal industry is blowing up mountains in Appalachia. They are not putting them back together again. The industry is polluting and burying streams, and they are not finding a way to fix them.

In 2009, the Obama administration promised to overhaul regulations meant to protect Appalachian communities and their waterways from mountaintop removal.

Yet, five years later, mountaintop removal coal mining is still happening. Until the Obama administration and Congress take serious actions, no amount of reclamation is going to fix the problems the mining is leaving behind.

Seeking Justice: Activists and agencies react to systemic violations of mining laws

Monday, October 13th, 2014 - posted by Barbara Musumarra

By Brian Sewell

James C. Justice is larger than the outwardly humble life he leads. A West Virginia native and the Mountain State’s sole billionaire, he is the rare, modern-day coal baron who actually resides in Appalachia. He is beloved by many for rescuing the historic Greenbrier resort from bankruptcy and is well-known for his philanthropic pursuits. At Christmas, he dons a custom-made red suit, and at 6 feet 7 inches, Justice might have even Santa Claus outsized.

But for all his friends, Justice has no shortage of critics. Struggling with the same challenges facing the entire Appalachian coal industry, Justice-owned operations in five states possess dismal regulatory records, earning him a reputation among environmental advocates as one of Appalachia’s worst violators of mining laws. In all, coal mines owned by Justice in Alabama, Kentucky, Tennessee, Virginia and West Virginia have racked up more than 250 violations and cessation orders over the past four years — many resulting from failure to meet reclamation requirements at mountaintop removal coal mines left idle.

There are signs that Justice himself questions coal’s future in Appalachia. Last year, as his operations around Appalachia were cracking, he told reporters for the Associated Press “you may be witnessing the death of the coal industry.”

JusticetoJustice_greenbrier

Members of the Justice to Justice campaign march outside of the West Virginia resort The Greenbrier, owned by billionaire businessman Jim Justice, to draw attention to the outstanding violations of coal companies he owns. Photo by Gabby Gillespie, courtesy Justice to Justice.

But not long ago, Justice’s coal interests were expanding. He moved into Kentucky in 2007, buying Sequoia Energy, LLC and Infinity Energy, Inc. In 2008, he acquired Premium Coal Co. and S&H Mining in Tennessee. And he grew his presence in Virginia in 2009, launching Southern Coal Corp and purchasing A&G Coal Group. Today, violations by those companies have spurred citizen groups, the media and regulators to hold Justice accountable.

“After centuries of resource extraction, poverty, and illness, the debt to Appalachia must be paid in full,” stated an open letter to Justice from leaders of Southern Appalachian Mountain Stewards, a southwest Virginia-based group that began a regional campaign this year called “Justice to Justice.” Chris Holmes, a spokesperson for the federal Office of Surface Mining Reclamation and Enforcement, told the Roanoke Times “the civil penalties are piling up.” And a Lexington Herald-Leader editorial in July emphasized that the “crucial point here is not unpaid fines but what they represent: violations of the law that put thousands of people who live near Justice’s mines in harm’s way.”

The story may be far from over, but for now, here is a brief look at how states are responding.

Kentucky

Nearly half of the more than 250 violations Justice faces resulted from problems at mines in eight eastern Kentucky counties. After months of outspoken media coverage and considerable citizen pressure, Justice and state regulators reached a plan in August to settle the spate of violations and ensure proper reclamation. As part of the plan, The Courier-Journal reports, Justice promised to post $10.5 million in bonding, about half of which will go toward reclaiming surface-mined “highwalls.” The deal also allows Justice to resume mining at mountaintop removal sites that were shut down due to violations. Regulators say this will facilitate faster reclamation by reducing enough rock and soil to rubble for recontouring the land after mining.

Tennessee

In July, the federal Office of Surface Mining Reclamation and Enforcement ordered Justice’s Tennessee subsidiaries — National Coal, Premium Coal and S&H Mining — to cease operations for failing to report water monitoring data or meet mine reclamation requirements. The orders came a month after Sierra Club and Statewide Organizing for Community eMpowerment announced plans to sue Justice’s companies for violating the Clean Water Act.

Before the cessation orders were issued, the Office of Surface Mining held public hearings in Anderson County to address Premium Coal’s failure to meet reclamation requirements at two mine sites. Premium Coal requested the orders be dropped, saying reclamation was not completed because the crew they hired had planted trees upside down with the roots sticking up. Those requests were denied.

Virginia

Justice’s A&G Coal Group has had its fair share of slip-ups too. In June, the Department of Mines, Minerals and Energy moved to seize $9.9 million from A&G Coal to reclaim an inactive mine at the company’s expense. Justice, who could appeal DMME’s action, claims market conditions left him no choice but to leave the mine in southwestern Virginia idle for more than a year.

West Virginia

Although Justice sold most of his active West Virginia coal operations in 2009, he is still running into trouble in his home state. On Sept. 1, the West Virginia Department of Environmental Protection issued an “imminent harm cessation” to the Justice-owned Kentucky Fuel Corporation after residents reported slurry leaking into Madison Creek in Logan County, W.Va.

Learn more about the Justice to Justice campaign at justicetojustice.com

Gainesville Commission Votes to End Mountaintop Removal Coal Purchases

Monday, October 13th, 2014 - posted by Barbara Musumarra

By Brian Sewell

On Sept. 18, city commissioners in Gainesville, Fla., voted 5-2 for a policy that could end the local power plant’s purchases of Appalachian coal mined by mountaintop removal, and they unanimously adopted a resolution opposing the destructive practice. The move makes Gainesville the first city with a municipal utility to adopt such a policy.

Under the policy, Gainesville Regional Utilities will pay up to 5 percent more to buy coal mined underground. If the cost difference becomes greater than 5 percent, the commission can vote to temporarily suspend the policy. The utilitys general manager can also make emergency purchases of coal mined through any method if the inventory drops to critically low levels.

Representatives of the utility told commissioners that avoiding mountaintop removal coal could raise costs on customers. But since 2008, the amount of coal the utility purchases from mountaintop removal mines has decreased substantially, and the utility could not specify how they expect the change to impact rates.

The vote was the culmination of a campaign by Gainesville Loves Mountains, a group of local volunteers who began reaching out to the city commission on the issue in 2011.

Employees of DEP-certified lab conspired to violate Clean Water Act

Thursday, October 9th, 2014 - posted by brian
An employee of Appalachian Laboratories Inc., a state-certified lab used by coal companies, plead guilty to conspiracy to violate the Clean Water Act.

An employee of Appalachian Laboratories Inc., a state-certified lab used by coal companies, plead guilty to conspiracy to violate the Clean Water Act. Photo from Flickr.

We learned some unsettling news from West Virginia yesterday afternoon. The Charleston Gazette reports that an employee of a state-certified company pleaded guilty to conspiracy to violate the Clean Water Act after he faked compliant water quality samples for coal companies between 2008 and 2013.

John W. Shelton, who worked as a technician and then a field supervisor for Appalachian Labs Inc., a Beckley, W.Va., firm, admitted to diluting water samples taken from mine pollution discharge points with clean water, among other unlawful measures taken, to ensure pollution levels were in compliance with permitted limits. Prosecutors say Appalachian Labs conducts water sampling at more than 100 mine sites in West Virginia, but for now it’s unclear what mine sites or coal companies could be implicated in the case.

As Ken Ward Jr. points out in The Gazette, this crime is a serious cause for concern, since state and federal agencies rely heavily on self-reported data to determine if coal companies are obeying the law. But honestly, while we’re appalled, it is hard to be surprised by this latest discovery. We have some experience with misreporting of water monitoring data that has taken place in Central Appalachia in recent years.

The way this story is coming together suggests a frightening collusion between employees at a lab that maintained certification from DEP. We know from the plea agreement that Shelton did not act alone. Check out the section titled “The Conspiracy to Violate the Clean Water Act” that begins on page 4. But the truly damning language comes in the following section, which states the “objects of the conspiracy were to increase the profitability of Appalachian by avoiding certain costs associated with full compliance with the Clean Water Act … and to thus encourage and maintain for Appalachian the patronage of [its] customers.”

Shelton faces up to five years of imprisonment and a fine of up to $250,000. The investigation into Appalachian Labs, however, is ongoing and is being handled by U.S. Attorney Booth Goodwin, the FBI and the U.S. Environmental Protection Agency.

Following is a statement from Appalachian Voices’ Central Appalachian Campaign Coordinator Erin Savage:

The discovery that a lab employee in West Virginia knowingly altered sampling procedures to assure that monitoring reports submitted for coal companies would be in compliance with the Clean Water Act raises serious questions about the reliability of monitoring reports for the coal industry across Central Appalachia.

False reporting of water quality data from mines in Central Appalachia is not unheard of. In 2010, Appalachian Voices uncovered water monitoring reports that contained duplicated data for the three largest mountaintop removal companies in Kentucky. During the period they were submitting erroneous monitoring reports, these companies never reported a single pollution violation.

No criminal charges have been brought in Kentucky in relation to those cases. In light of the charges brought in West Virginia, however, we have to wonder how widespread these criminal practices are. This shocking discovery further highlights the extreme need for state agencies to seriously reevaluate their enforcement efforts and for the EPA to step in when the states do not properly enforce the law.

Updated Oct. 21: Under oath in federal court, Shelton told a judge that coal companies “put a lot of pressure” on labs to get good water data. Read more in The Charleston Gazette.

Carl Shoupe: Seeing through the “War on Coal” smokescreen

Thursday, August 21st, 2014 - posted by guestbloggers

{ Editor’s Note } Carl Shoupe, the author of this piece, which originally appeared on The Hill, is an active member of Kentuckians For The Commonwealth and lives in Harlan County, Ky. We’re sharing Carl’s thoughts here with his permission.

Carl Shoupe speaks at a KFTC press conference held as a ” Declaration of Grievances” towards the inaction of the Kentucky state legislature. Photo from Flickr.com.

As a retired coal miner, the son of a coal miner, and the father of a coal miner, I’m curious about Congress’ recent attacks on the EPA and claims of a “war on coal.” These claims are nothing but a distraction from the real needs of coalfield communities.

I live in Harlan County, Kentucky in the very heart of the Appalachian coalfields, and with the exception of a couple years in Vietnam as a United States Marine, I have lived here all my life.

I’m working every day – along with thousands of other Kentuckians – to build a better future here in Eastern Kentucky and across Appalachia so that my grandchildren and their children can make a life here. We believe we can have a bright future here with more and better jobs, safe and affordable energy, healthy communities, and opportunities for our kids.

Of course, we know it won’t be easy. It will take hard work, creativity, and investment in new ideas and real solutions. More than anything, it will require honest leadership with vision and courage.

That’s why this Congress’ misguided attacks are such a disappointment. The war on coal is nothing more than a smokescreen designed to keep us from seeing the true challenges and real opportunities in communities like mine.

You see, the coal industry has been leaving Appalachia and Eastern Kentucky for decades. In 1980 there were more than 34,000 coal miners working in Eastern Kentucky. By 1990, that number was down to 25,000 despite a production peak. Fewer than 8,000 jobs remain today — the lowest since 1927 — and continue to fall.

For years, industry analysts, coal company executives, and energy agencies warned that our best and easiest coal has been mined, that transportation costs have been rising, that cleaner and cheaper alternatives to coal were on the rise.

It has been clear that we needed to be building a new economy here in the coalfields for generations, yet our political leaders have done little or nothing to help us prepare for the inevitable transition.

If Congress really wants to help the coal miner, there are several ways to start. First, Congress should pass the mine safety reforms we’ve been waiting for since the Upper Big Branch explosion killed 29 fellow miners in 2010. Congress should help ensure coal miners don’t get black lung – a vicious and entirely preventable workplace disease that is increasing instead of disappearing. Congress should also make sure that a miner’s hard earned pension is secure, not stolen by some corporate shell game.

Congress should remember that every coal miner is more than just his job. He – or she – is also a son or daughter, a parent, a spouse. When he’s not underground 60 or 70 hours a week, he is a member of his church, his local PTA or volunteer fire department; he might be a Little League coach.

If Congress really cares about coal miners and coal families, then it should work to give them a future.

For instance, Congress could generate thousands of new jobs in the coalfields by creating a revolving fund for energy efficiency upgrades to homes and businesses, and pass the Shaheen-Portman bill to create thousands of energy efficiency jobs.

We like to say that if you give a coal miner a coat hanger and some electrical tape, he can fix anything. Congress could release the millions of dollars sitting in the Abandoned Mine Lands Fund and employ thousands of laid-off coal miners to restore our land, forests, and water. Congress could locate one of those fancy new manufacturing innovation centers the president talks about right here in the mountains.

Instead of raging about a made-up war on coal and how to protect coal corporations, Congress should take a closer look at how to really support coal communities.

Over the past century, Harlan County has shipped over one billion tons of coal to steel mills and power plants across this country. In a district represented by some of the most powerful politicians in Washington D.C., one-third of our children live in poverty and we rank 435th in combined quality of life indicators.

It’s time to try something new. We can have a bright future here in the coalfields of Kentucky and Appalachia. Our people are hungry for honest and courageous leaders who will help us build it.

Mountaintop removal is the 800-pound gorilla at the SOAR Health Impact Series

Thursday, August 14th, 2014 - posted by Erin

If the SOAR initiative is to go beyond political rhetoric, Rep. Hal Rogers and Gov. Steve Beshear must take public concerns about mountaintop removal’s health impacts seriously.

Water polluted by mining in eastern Kentucky. Photos by Appalachian Citizens Enforcement Project via Flickr.

Water polluted by mining in eastern Kentucky. Photos by Appalachian Citizens Enforcement Project via Flickr.

I attended the first Shaping Our Appalachian Region (SOAR) Summit held in Pikeville, Ky., last December. Following Kentuckians For The Commonwealth’s Appalachia’s Bright Future economic development meeting, I was excited at the prospects such a large summit might generate.

As a joint effort between U.S. Representative Hal Rogers (R-Ky.) and Kentucky’s Democratic Governor Steve Beshear, it was clear that SOAR had the power to make real change in eastern Kentucky, but only if those involved had the will.

The results of SOAR following the summit have been mixed so far. Several people have pointed out issues with the process — specifically, the stakeholders most involved in SOAR may not accurately represent the needs and concerns of eastern Kentuckians. Since the summit, my hope for the outcomes of SOAR have waned. But when I learned that the director of the Centers for Disease Control and Prevention (CDC), Dr. Tom Frieden, would be visiting eastern Kentucky as part of the SOAR Health Impact Series, I saw an opportunity for the voices of residents from coal-impacted communities in eastern Kentucky counties to be heard.

Making a Clear Case on Mountaintop Removal and Health

Over the past several years, more than 20 peer-reviewed studies have been published linking a range of health problems including above-average cancer and birth defect rates to the presence of mountaintop removal coal mining. Yet just last month, the Obama administration pulled funding from the U.S. Geological Survey for research underway on air pollution from mountaintop removal and its link to respiratory issues. The need for a serious effort to identify and address health issues related to mountaintop removal in Central Appalachia has never been more clear. Despite this, I was not optimistic that Dr. Frieden and Rep. Rogers would address this need during their visit.

Studies investigating mountaintop removal health impacts have found people living near surface mining are 50 percent more likely to die of cancer.

Studies investigating mountaintop removal health impacts have found people living near surface mining are 50 percent more likely to die of cancer.

Prior to the CDC visit, the SOAR health committee held 11 listening sessions across eastern Kentucky from April through July. Each of the sessions drew an average of more than 20 participants. Although SOAR has thus far limited the role of key community members in leadership positions, the health committee has provided a forum for some community involvement.

The CDC meetings consisted of four sessions — two shorter evening sessions in Somerset and Paintsville, and two longer daytime sessions in Hazard and Morehead. I attended the daytime session in Hazard last Tuesday, where there was standing room only. Several individuals spoke, including Rep. Rogers and several doctors from eastern Kentucky.

As the morning went on, I began to lose hope that environmental concerns would be brought up. Then, Dr. Nikki Stone, the health committee chair and event moderator, spoke about the issues that came up during the listening sessions. She began listing the top 10 concerns that had come up throughout the listening sessions, and much to my surprise, environmental impacts, including air and water pollution from mountaintop removal mines, was the top concern resulting from the listening sessions, tied with a desire for coordinate health programs in public schools.

To be honest, I was stunned. I was so sure that the topic would be avoided at a meeting that attracted so much attention. Suddenly, I was hopeful that the health impacts of mountaintop removal would receive some real attention from those that have the power to address the issue.

Unfortunately, the rest of the meeting quickly turned back to lengthy speeches about taking personal responsibility for one’s own health and an announcement of federal funding for the Appalachian Cancer Patient Navigation Project. The talks left me with the distinct impression that those speaking would rather focus on dealing with the prevalence of disease, rather than preventing it.

The Health Impact Series did not improve later that evening in Paintsville. The closest mention of environmental impacts on health came from Rep. Rogers, who referred to dirty streams but then went on to blame water quality degradation on people dumping and straight piping waste into streams. It seemed once again that it was easier to blame eastern Kentuckians, rather than the industry they have been beholden to for generations.

The Opportunity Ahead

There was a strong press presence at both meetings, which may have salvaged some chance of addressing the impacts of mountaintop removal. According to the Lexington Herald-Leader, when “asked whether he would support having the CDC study the public health effects of mountaintop mining in Central Appalachia, Frieden said the agency ‘only goes where it’s invited.’” Following the disappointing Paintsville meeting, I felt like I had one last opportunity to make the most of the meetings and approached Dr. Frieden fully expecting to be turned away. Instead, he listened carefully for a moment and then directed me to his assistant. I spoke with several CDC employees and was disappointed to find that they were unaware of the multitude of health studies linking health problems to mountaintop removal. They did, however, encourage me to contact them directly for follow up on the issue.

Moving forward, Appalachian Voices and our allies intend to follow up with the CDC, to be sure that they are fully aware of the current research that indicates quite clearly that one of the major health issues we should be concerned about in Central Appalachia is mountaintop removal coal mining. We will be sure that the CDC knows that, at least when it comes to the citizens of eastern Kentucky, the CDC is invited to investigate this pressing issue. We will also be sure that the SOAR Health Committee acts upon its finding that citizens are most concerned about environmental impacts on health, because, as the Herald-Leader stated, “when a congressman and governor invite people to ‘listening sessions,’ there’s an obligation to take what they say seriously.”