Posts Tagged ‘Environment’

Hey North Carolina, New York just banned fracking

Wednesday, December 17th, 2014 - posted by brian
Before rushing into fracking, North Carolina could learn something from New York, which just announced it would ban the practice, citing health concerns and uncertain economic prospects.

Before rushing into fracking, North Carolina should look to New York, which just announced it would ban the practice, citing health concerns and uncertain economic prospects. Photo by Daniel Foster/Creative Commons.

New York’s debate over whether or not to allow fracking came to a close today when Gov. Andrew Cuomo sided with the state’s top public health and environmental officials in calling for a ban on the practice.

The governor’s end-of-year cabinet hearing, where the announcement was made, looked like so many other meetings that often end in disappointment. But this one was exceptional for inserting some much-needed truth into fracking fight that could, just maybe, help other states come to their senses.

During the portion of the meeting on fracking, Joseph Martens, the commissioner of the New York Department of Environmental Conservation, set the stage during a 10-minute presentation that pretty much served as a debunking of the best arguments for fracking. It was clear that Martens had done his homework before concluding that fracking should not be done anywhere in New York.

Just in terms of practicality, Martens told Cuomo and his fellow cabinet members, more than 63 percent of the Marcellus Shale deposits in New York would be off limits under state rules and local zoning. On top of that, dozens of New York towns — most famously the upstate town Dryden — have already approved their own bans on fracking and took their case before the state’s highest court, which ruled in their favor earlier this year.

Following the court’s decision in June, Dryden Town Supervisor Mary Ann Sumne told the New York Times, “I hope our victory serves as an inspiration to people in Pennsylvania, Ohio, Texas, Colorado, New Mexico, Florida, North Carolina, California and elsewhere who are also trying to do what’s right for their own communities.”

Despite the fact that North Carolina’s law prohibits local ordinances that “directly or indirectly” restrict oil and gas drilling operations, towns across the state have approved ordinances or resolutions to discourage or prevent fracking in their limits.

According to Martens, the prospects for fracking in New York are “uncertain at best.” The same could be said of North Carolina, where supporters’ visions of economic grandeur don’t always follow the limitations of the state’s geology.

Martens’ rundown was refreshing for this North Carolinian — it was also a reminder of the disregard and misplaced priorities of many pushing to bring fracking to my beloved state. But New York’s acting health commissioner, Dr. Howard Zucker, who spoke next, might truly be the voice of reason we’re missing in North Carolina.

Zucker, with a stack of reports on fracking’s health impacts in other states piled behind him, said he would not allow his family to drink tap water in an area where fracking took place. The point hit home with Cuomo, who said if Zucker believes fracking could put his children in harm’s way, then no child living in New York should be put in that position.

If no child in New York should be put at risk of contaminated water and the other threats that come with fracking, neither should North Carolina’s kids, nor those living in areas already ravaged by poorly regulated drilling.

Former New York Gov. David Paterson first imposed the state’s moratorium in 2008 while the state Department of Environmental Conservation studied fracking in the years leading up to today’s decision. North Carolina Gov. Pat McCrory and the state General Assembly, on the other hand, have rushed headlong toward fracking while requiring surprisingly little study for a state with no experience regulating it. Drilling could begin in North Carolina as early as this spring.

The latest fumble related to fracking in North Carolina came today too. Just as New York announced its ban, controversial fracking regulations in North Carolina sailed through final review against the recommendations of the Rules Review Commission’s staff attorney, who said Mining and Energy Commission staff emailed her 100 rules that were riddled with errors at 2 a.m. on the day of the deadline.

Mary Maclean Asbill, a senior attorney for the Southern Environmental Law Center, who attended the review told the News & Observer the latest misstep is basically par for the course at this point.

“All of the issues just highlighted how rushed the whole process was,” she said.

Nothing to see here

Friday, December 5th, 2014 - posted by eric
The Kentucky Energy and Environment Cabinet's attempts to rebuke critics can't make up for its failure to notice blatant Clean Water Act violations or prosecute coal company misdeeds.

The Kentucky Energy and Environment Cabinet’s attempts to rebuke critics can’t make up for its failure to notice blatant Clean Water Act violations or prosecute coal company misdeeds.

Kentucky’s environmental regulators can’t have it both ways. On one hand, the Kentucky Energy and Environment Cabinet claims it does not have enough funding to do its job. On the other hand, it says it’s doing its job just fine.

Long-standing failures of the cabinet, which regulates coal mines and other polluters, have become even more evident in light of new legal action brought by Appalachian Voices and our partners and a recent court ruling.

In a scathing opinion issued Nov. 24, Franklin Circuit Court Judge Phillip Shepherd rejected two settlements that the cabinet had reached with Frasure Creek Mining for submitting false water pollution reports several years ago. A week before Judge Shepherd’s rulings, we had filed a Notice of Intent to Sue Frasure Creek for again submitting false reports in 2013 and 2014 that again went unnoticed by the cabinet.

Not Just a Matter of Money

For years, despite clear and persistent evidence of problems, the cabinet repeatedly claimed to be fulfilling its duties under the Clean Water Act. But it was ignoring the underlying problems, including potentially illegal water pollution discharges masked by false reporting.

In response to our recent notice that Frasure Creek has perpetrated some 28,000 new violations of the Clean Water Act, the cabinet issued a press release that essentially claimed it has everything under control. The cabinet says it’s focusing on “violations as submitted” on water monitoring reports, ignoring the fact that those reports are false or could even be fraud. The release goes on to defend the cabinet’s settlements with Frasure Creek — the ones later thrown out by Judge Shepherd — and said the cabinet had been looking into Frasure Creek’s more recent violations:

The Division of Enforcement within the Cabinet has been monitoring compliance with the April 13, 2013 Agreed Order with Frasure Creek and initiated an internal compliance review in January 2014 that has identified violations as submitted on DMRs [Discharge Monitoring Reports] to the agency. Administrative action on those violations is ongoing and is pending within the agency.

Seeking to understand the validity of these claims, our lawyers submitted a formal request for the information on the cabinet’s “internal compliance review.”

In a bold showing of its own incompetence, the cabinet asked us to clarify what we meant by “[v]iolations ‘mentioned in’ the press release.” It appeared that they did not even know what they were referring to in their own press release.

Once we clarified our request, we received this convoluted response:

The phrase ‘internal compliance review’ that was used in the November 17, 2014 press release is a term used to describe the primary function of staff in the Compliance and Operations Branch of the Division of Enforcement (DENF)…. The phrase does not encompass a specific period of time with dates certain for beginning and ending the compliance process, but it is used within DENF to refer to any ongoing review. With respect to Frasure Creek, our compliance review is ongoing and underway at this time, but it has not progressed to the point where NOVs [Notices Of Violation] have been issued or referrals for enforcement action have been generated.

In plain English, the cabinet’s response essentially says it has been looking at Frasure Creek’s violations, but officials either haven’t written anything down about them yet or, if they have written anything down, they refuse to disclose it. So, just like past claims that the cabinet is doing its job, this response is empty.

The fact that the agency is strapped for cash has never been in question — even Judge Shepherd agrees. As he stated in his recent ruling:

Commissioner Scott further testified that the cabinet has been subjected to a series of major budget cuts during the last 10 years that have drastically and adversely affected the ability of the cabinet to do its job in implementing the Clean Water Act.

[T]he record in this case makes it abundantly clear that the Cabinet simply lacks the personnel and budget to effectively investigate and enforce these requirements of law.

But it’s not a lack of funding keeping the cabinet from effectively enforcing laws as much as a lack of will.

You would think that if the cabinet truly were intent on protecting the environment, they would have punished Frasure Creek to make an example of the company, rather than wasting taxpayer dollars trying to prevent citizen involvement in this case. You would also think that the cabinet wouldn’t spend its limited resources on unsuccessful legal challenges to the Environmental Protection Agency’s guidance on conductivity pollution from coal mines, or weakening water quality standards for selenium, a common coal mining pollutant.

Brown water at a Frasure Creek Mine. This is one of the discharge points that the company submitted false data for.

Brown water at a Frasure Creek Mine. This is one of the discharge points that the company submitted false data for.

The cabinet serves at the pleasure of Gov. Steve Beshear, whose strong pro-coal attitude is without doubt. In one State of the State address, Beshear went so far as to say, “Washington bureaucrats continue to try to impose arbitrary and unreasonable regulations on the mining of coal. And to them I say, ‘Get off our backs!’”

When elected officials are beholden to a single industry, as many are in Central Appalachia, it’s no surprise that regulators would be easy on that industry. But the level of corporate influence in Kentucky is out of control. Coal companies should not be able to flout the law without fear of serious prosecution. And whether the bosses like it or not, the cabinet still has the legal duty to uphold the Clean Water Act.

Could Criminal Charges Be in Store for Frasure Creek?

The cabinet and other Kentucky officials have generally ignored or dismissed the possibility that the false reporting was intentional fraud. But recent cases of laboratory fraud in West Virginia make criminal prosecution seem more feasible. One case involved discharges from coal mines where a lab employee was collecting water samples from a “honey hole,” a spot known to have good water quality, rather than from the actual pollution discharges. In another, a contract employee was reusing data from previous water monitoring reports because they had failed to pay their laboratory.

In a statement that indicates a criminal investigation should ensue, Judge Shepherd wrote:

The conditions observed by the cabinet’s inspectors during the performance audit of Frasure Creeks’ so-called “laboratory” demonstrated either a plan or scheme to submit fraudulent information in the DMRs or incompetence so staggering as to defy belief.

Kentucky Attorney General and gubernatorial hopeful Jack Conway has vowed to look into the new Frasure Creek violations. But several years ago, his team looked into the previous violations and told reporter Ronnie Ellis that they couldn’t find anything “that rises to the level of intent or criminal fraud that’s ready to be prosecuted.”

The cabinet’s dismissive attitude toward the seriousness of environmental problems in Kentucky is unsurprising given the state’s political climate, not to mention the fact that the Frasure Creek cases expose the agency’s utter incompetence. But the jig is up. It’s time for the cabinet to either start doing its job or step aside and let the EPA do it instead.

DENR deserves an environmental leader to replace John Skvarla

Tuesday, December 2nd, 2014 - posted by brian
John Skvarla, the embattled secretary of DENR, is leaving the agency to lead the state Commerce Department.

John Skvarla, the embattled secretary of DENR, is leaving the agency to lead the state Commerce Department.

After a tumultuous two years as secretary of the Department of Environment and Natural Resources, John Skvarla is stepping over to lead the state’s Commerce Department. Skvarla will replace Secretary of Commerce Sharon Decker, who is leaving her post to join a digital media company.

Environmental groups, concerned citizens and prominent media outlets have been critical of Skvarla throughout his tenure, and unsurprisingly so — he has expressed doubt over whether oil is a non-renewable resource claiming, “There is a lot of different scientific opinion on that,” and he questions the overwhelming scientific consensus on climate change.

After assuming his position, Skvarla rewrote DENR’s mission statement to be in the service of industries in North Carolina. Under his watch, information related to climate change was removed from the agency’s website, and the department was reorganized and reduced to nearly inept levels.

READ MORE: DENR found critics and praise under Skvarla

By any measure, Skvarla is committed to being business-friendly. Responding to an op-ed by Appalachian Voices’ Amy Adams in the News & Observer last December, he called DENR a “customer-friendly juggernaut.” But many saw Skvarla as being too cozy with companies like Duke Energy. A federal grand jury is still investigating ties between DENR and the company responsible for the Dan River coal ash spill.

While this announcement should engender optimism in the North Carolina environmental community, that hopefulness is tempered by trepidation over who will take over the position, and concern that he could be replaced by an even more extreme and environmentally detrimental successor.

There is no word on who will replace Skvarla yet, but Gov. McCrory says he is interviewing candidates and plans to appoint a new secretary later this month. Here’s to hoping he or she is the environmental leader DENR deserves and North Carolina desperately needs.

A statement from Appalachian Voices North Carolina Campaign Coordinator Amy Adams:

John Skvarla ushered in an era of regressive environmental policies and procedures that placed industry over the needs of the environment and people. It is our sincere hope that his departure from DENR will allow the return of accountability and reason to the agency.

Gov. McCrory must choose a leader who will balance real environmental protection and industry growth without the wholesale abandonment of either. The goal of the new DENR secretary should be to restore the mission and integrity of the department by prioritizing environmental protection.

We look forward to working with someone who will reconsider Skvarla’s industry-first approach, which repeatedly put North Carolina’s natural resources as risk as exemplified by the handling of Duke Energy’s coal ash contamination.

Why do you care?

Monday, December 1st, 2014 - posted by kara

Whether you’re two days or 20 years deep in environmental or social justice organizing, we all ask ourselves the same question day in and day out: why do I care?

It’s an important question — and the act of asking can be just as important as proclaiming your answer. You can feel an increased ability to contribute just by opening your heart and mind to your deeper values and motivations.

Rhiannon Fionn, creator of Coal Ash Chronicles, brings “Why I Care” to the social media scene in the spirit of story-sharing, collaboration, power building and advocacy. You can watch more than a dozen short clips submitted by moms, lawyers, Riverkeepers, doctors and many others who want to see coal ash cleaned up and stored in a safe manner.

“Why I Care” is a simple way for people to speak up for their interests when it comes to the dangers of coal ash. We are all connected to this toxic waste, whether you live near an ash impoundment or your electricity is sourced from a coal-fired power plant. I invite you to delve into why you care and share that with your family, friends and the world!

In November, I took this idea to Residents for Coal Ash Cleanup, a local group in Belews Creek, N.C., fighting to save their community from coal ash contamination by the nearby Duke Energy power plant. Seven residents shared their reasons for caring about coal ash. Take a minute to hear why Jeannie cares about the coal ash pond near her home.

She raises very valid points, considering there are more than 9,000 people that live within a 5-mile radius of the Belews Creek coal ash pond and thousands more who live downstream on the Dan River.

If you want to share why YOU care, here are some easy instructions:

1. Have a friend record a video of you with a phone or camera — make sure to do it in “landscape” mode on your phone and stand close to the phone so you get the best sound quality. Here are other phone video tips.

3. In the video, say your name, where you live and why YOU care about coal ash. Practicing before recording is always a good idea.

4. Upload the video file directly to your YouTube page or save it to your computer and then upload it to YouTube — you may have to make a Youtube account which is easy!

Include the tag “Coal Ash” in the video and use these hashtags for social media: #coalash and #whyicare. Rhiannon will find your video and add it to the full “Why I Care” playlist.

5. If you don’t know how or want to upload to Youtube, contact kara@appvoices.org or 828-262-1500 and I can help you upload through Appalachian Voices’ channel.

6. There is a Dropbox option — contact me to get set up.

7. SHARE that video and ask others to speak up!

A full list of “Why I Care” videos can be found here.

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.

North Carolinians speak out against fracking: Are elected officials listening?

Monday, October 20th, 2014 - posted by Sarah Kellogg
Dave Rogers of Environment North Carolina and Hope Taylor of Clean Water for North Carolina lead the procession to the governor’s office.

Dave Rogers of Environment North Carolina and Hope Taylor of Clean Water for North Carolina lead the procession to the governor’s office.

More than two dozen environmental and social justice groups came together recently to hand deliver 59,500 petition signatures to North Carolina Governor Pat McCrory, calling on him and other elected officials to reinstate the ban on hydraulic fracturing and horizontal drilling for natural gas in the state.

Groups of the Frack Free N.C. Alliance, which include environmental organizations, environmental justice groups and grassroots organizations, have been working diligently all across the state to educate citizens about the potential impacts of fracking and encourage them to get involved. The nearly 60,000 petition signatures are a testament to the strong opposition to fracking throughout North Carolina.

Despite a forecast of rain, the organizations and supporters gathered at the governor’s office last Tuesday to rally and hold a press conference before hand delivering the petitions to McCrory’s staff (the governor, unsurprisingly, was unavailable to receive the petitions). Supporters held anti-fracking signs, images of North Carolina’s unique landscape, and art created by citizens portraying the dangers of fracking and the value of clean water.

The speakers came from all across the state, and included Kathy Rigsbee from Yadkin-Davie Against Fracking, an every-day citizen and mother turned activist, Hope Taylor, director of Clean Water for N.C., the founding organization of the Frack Free Alliance, and Luke Crawford from EnvironmentaLEE, a grassroots organization in Lee County, home to the largest deposits of natural gas in the state.

Sarah Kellogg, Appalachian Voices' North Carolina field organizer, speaks to the crowd about the amazing contribution of westerners to the petition and the anti-fracking movement.

Sarah Kellogg, Appalachian Voices’ North Carolina field organizer, speaks to the crowd about the amazing contribution of westerners to the petition and the anti-fracking movement.

I was honored to speak on behalf of the numerous grassroots organizations from western North Carolina that contributed significantly to the petition and the anti-fracking movement sweeping across the state. Those organizations include the Coalition Against Fracking in western N.C., Frack Free Madison County, and community groups from Swain and Jackson counties.

As the sun came out, we began carrying boxes of the signed petitions into the governor’s office. As the petitions were passed from person to person and on into the building, elementary students on a field trip joined us in chanting “Frack Free N.C.!”

Governor McCrory has yet to acknowledge the concerns of the 59,500 signees on the petition, though it is clear that opposition to fracking across North Carolina has grown as more citizens learn about the risks associated with the practice.

In August and September, 1,800 North Carolinians attended Mining and Energy Commission hearings on the proposed rules to regulate fracking. The overwhelming majority of commenters opposed fracking. The MEC reports that they received between 100,000-200,000 additional written comments addressing the rules and that the majority suggested the rules be strengthened. According to Commissioner Jim Womack, about half the comments were statements opposing fracking. Womack told reporters that those “didn’t really count.” Clearly, thousands of North Carolinians oppose fracking, the question is, are our elected officials listening to us?

The organizations and citizen groups of Frack Free N.C. promise to continue fighting to protect North Carolina’s air, water, communities, property values and way of life from the dangers of fracking.

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…

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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.

A huge win: Gainesville enacts policy to stop using mountaintop removal coal

Monday, September 29th, 2014 - posted by matt
Gainesville Loves Mountains founder, Jason Fults, advocates for a policy discouraging the purchase of mountaintop removal coal before the Gainesville City Commission on Sept. 18

Gainesville Loves Mountains founder, Jason Fults, advocates for a policy discouraging the purchase of mountaintop removal coal before the Gainesville City Commission on Sept. 18

At a time when Congress can’t seem to conduct even routine business and nearly half of the country still denies climate change, that old Margaret Mead quote, “Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has,” can seem a little quaint and dated, if not hopelessly idealistic.

But earlier this month, a group of citizens in Gainesville, Fla., proved the truth of those words. Because of the heroic efforts of a small group of citizens, Gainesville became the first city in America to enact a policy to curtail — and possibly eliminate altogether — its reliance on coal from mountaintop removal mines in Appalachia.

A cheer went up in the packed city hall chambers when the city commission voted 5-2 for a policy designed to break the city’s longstanding reliance on coal from mountaintop removal mines in Appalachia to power its electric grid. This victory was the culmination of three and a half years of work that included five hearings by the city commission, hundreds of hours of volunteer work, and dozens of meetings with city commissioners.

The policy’s passage, championed by city commissioner Lauren Poe and supported by three Democrats and two Republicans on the commission, proved that bipartisanship is still alive in some corners of the country and that democracy can still work the way it was intended to; responsive to the will of citizens instead of just private interests with the power to make unlimited campaign contributions.

At the hearing on Sept. 18, staff of Appalachian Voices gave commissioners a virtual tour of some of the mountaintop removal mines that had supplied coal to Gainesville in the past. Suppliers included the Samples mine in West Virginia, which the late Appalachian hero Larry Gibson fought for decades to prevent the destruction of his beloved Kayford Mountain. Another supplier was the nearby Twilight Surface Mine, which was responsible for turning the community of Lindytown into a ghost town, as The New York Times powerfully eulogized in this 2011 story.

Use the arrows on the slideshow below to see excerpts of the presentation Appalachian Voices shared with the Gainesville City Commission:

There are no mountains within 100 miles of Gainesville. So how a group called Gainesville Loves Mountains became one of the city’s most active and influential advocacy groups is an interesting story.

The group’s founder, Jason Fults, first became aware of mountaintop removal as a student at Berea College in eastern Kentucky. After graduating and moving back to Gainesville, he was horrified to learn the local power plant operated by Gainesville Regional Utilities, the Deerhaven Generating Station, was purchasing most of its coal from some of the biggest and most destructive mountaintop removal mines in Appalachia.

But Jason didn’t stop with being horrified; he resolved to do what it takes to break Gainesville’s connection to mountaintop removal, and he found others willing to makes the same commitment. Three and a half years later they succeeded — or at least they’ve come very close. But the battle is not over quite yet. The policy enacted by the city ensures that Gainesville Regional Utilities will not purchase coal mined using mountaintop removal as long as it has bids from other types of mines that are not more than 5 percent higher than bids from mountaintop removal operators.

Based on my experience, that should generally be sufficient to ensure the city does not purchase mountaintop removal coal. If bids from mountaintop removal operators do come in at least 5 percent lower than other bids, however, the utility can come back to the commission to request special dispensation to purchase the cheaper, but in many ways more costly, coal. Several commissioners indicated that they may still very well choose to purchase from the more expensive non-mountaintop removal coal suppliers if that’s the case, but it’s going to require a contentious vote. And, if that time comes, the folks at Gainesville Loves Mountains will undoubtedly pull out all the stops to ensure the city doesn’t vote to purchase mountaintop removal coal.

Members of Gainesville Loves Mountains and Appalachian Voices' staff celebrate with commissioner Lauren Poe after the vote.

Members of Gainesville Loves Mountains and Appalachian Voices’ staff celebrate with commissioner Lauren Poe after the vote.

The big question is whether other cities can follow Gainesville’s lead. The short answer is that some can, though there are not many other cities served by a municipally-owned utility that operates its own coal-fired power plant and buys coal from Central Appalachia. There are a few such examples — the city of Orlando, Fla., for example — but folks who are customers of private investor-owned utilities or municipal utilities that purchase power from investor-owned utilities will have a very different challenge on their hands if they want to ensure companies like Duke Energy, American Electric Power or Dominion Resources stop purchasing coal from mountaintop removal mines.

The good news is that the city of Gainesville paved the way by coming up with a thoughtful and substantive policy that also provides some protection to ratepayers. That’s important because utilities have successfully used scare tactics about the potential for increases in electricity prices to defeat every previous attempt to pass bills banning the use of mountaintop removal in states like North Carolina, South Carolina, Georgia and Maryland. Even the students at the University of North Carolina in Chapel Hill were unable to get a policy passed to ban purchases of mountaintop removal coal from the power plant on campus because of the scare tactics employed by the operators of the plant.

Fortunately, the Gainesville policy provides a model that should alleviate those fears, and we can hope that students at UNC and Michigan State University, where local power plants are still purchasing mountaintop removal coal, will try again now that the City of Gainesville has led the way.

The People’s Climate March: Hope makes a comeback

Saturday, September 27th, 2014 - posted by Maggie Cozens
Approximately 100 Appalachian State University  students traveled to New York for the People's Climate March.

Approximately 100 Appalachian State University students traveled to New York for the People’s Climate March. Photo by Maggie Cozens.

“I know we’re exhausted; my feet hurt…actually my everything hurts,” said Dave Harman of 350 Boone, as our busload of students headed back toward North Carolina. “But I just wanted to say that this went beyond my wildest expectations. I’m still glowing from today.”

As we slowly wended our way out of Manhattan, tired and feet aching, I found myself struggling to process the overwhelming feeling that pervaded every inch of the nearly 4-mile long procession earlier that day. The feeling saturated every piece of artwork and humble homemade sign, resonated in each drumroll and singing voice, and illuminated the eyes of every one of the 400,000 marchers in attendance. Such was the overpowering feeling of hope at the People’s Climate March.

See more photos from the march.

Approximately 100 Appalachian State University students took part in Sunday’s march and happily found Appalachia well-represented upon arrival. We could not walk two feet without running into someone carrying a sign calling for an end to mountaintop removal coal mining.

One of the Appalachian State totems was garnished with a People’s Climate March sign that read “I’m marching for the end of mountaintop removal.” It was one among countless others, and no demographic, environmental or social issue went unrepresented. Mothers, fathers, grandparents, children, indigenous groups, politicians and celebrities joined together and walked in solidarity. The student section was alight with passionate youth from across the country, eager to roll up their sleeves and build a better future, as bright yellow and orange signs ebulliently bobbed up and down along the sea of marchers like rising suns.

The diversity of the marchers was a beautiful sight to behold, but perhaps more stunning was the common thread running between them. Everyone was united in their confidence to affect change; the understanding that tackling the factors behind climate change — the environmental degradation caused by poorly regulated industries, inadequate government involvement, overconsumption and our growth-obsessed economy — holds the solution to a myriad of interconnected global issues today. It quickly became apparent at the march that climate change is as much a political, social, and cultural issue as it is an environmental one. And that efforts to address the problem could lead to a transformation as expansive as climate change itself.

Later that evening on the bus, Dave mentioned in all his years of activism he had never seen anything like the People’s Climate March. The shift in morale was so strong it was almost palpable. In New York and in every sister march around the world, the air was electrified with hope and faith in the future. This was perhaps no more evident than at 1 p.m., when a moment of silence erupted into an explosion of noise. Every marcher raised their voice in opposition to climate change; shouting for each other, the future, and the planet. Dave remarked that the clamor was hair-raising, a sonic “atomic bomb” filled with promise and power.

After attending Sunday’s march, it is hard to shake that feeling of hope. It is disturbing how lacking it had been beforehand, but its return is beyond welcome and reassuring. In the face of such a daunting and massive problem as climate change, it is easy to throw up your hands in exasperation and become discouraged. But after this weekend we should realize this problem is not insurmountable and, if the numbers are any indication, that no one is fighting it alone.

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We Made History! Highlights from the People’s Climate March

Thursday, September 25th, 2014 - posted by kate

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View more photos of the Appalachian contingent at the People’s Climate March.

Last weekend, Appalachian Voices joined 400,000 people in New York City for the largest climate march in history. And it was truly inspiring.

Kate Rooth, Matt Wasson and Thom Kay were among the AV staff joining the Appalachian contingent at the People's Climate March

Kate Rooth, Matt Wasson and Thom Kay were among the AV staff joining the Appalachian contingent at the People’s Climate March

While massive extractive fossil fuel interests try everything in their power to tighten their grip on our region’s energy future, it’s moments like these that show we are making progress. People from across the country came to the march, including many dear friends from Central Appalachia who are directly impacted by the destruction of mountaintop removal coal mining and our country’s reliance on coal.

We laughed, we cried, we danced and chanted, but most importantly we sent a signal loud and clear to world leaders gathering for UN climate negotiations that action must be taken immediately to avert further impacts of climate change.

The march was more than four miles long and included an enormous variety of people and issues. One contingent of activists supported the clean, renewable power sources that will help address the climate crisis. In the midst of the robust Virginia contingent, dozens of wooden model wind turbines twirled in the breeze. In the middle of the march was a youth contingent which included K-12 students and their families and stretched more than four blocks. The visuals were stunning, the energy was electrifying, and for once, the weather was perfect for a climate march!

The People's Climate March, stretched for nearly four miles and included and estimated 400,000 people. Photo from Avaaz.org

The People’s Climate March, stretched for nearly four miles and included and estimated 400,000 people. Photo from Avaaz.org

Leading the march were communities in the frontlines of the climate crisis. From Black Mesa, to the Gulf, inner city Chicago to the hollers of Appalachia, impacted communities have been standing together as part of the Climate Justice Alliance. It was an honor to stand with Appalachian leaders and support the courageous efforts the frontline communities that were marching.

The People’s Climate March demonstrated that communities are standing together and the immense power of those committed to fighting. Perhaps most importantly, it reminded each of us that we are in this together.

As we continue to fight state-by-state and town-by-town in our region for solutions and strong measures to reduce pollution, this march filled us with inspiration and resolve.

Were you at the march? We’d love to see your stories and memories in the comments.