Posts Tagged ‘Kentucky’

Appalachian communities are still at risk

Friday, May 29th, 2015 - posted by tom

Mapping the encroaching threat from mountaintop removal

communities-at-risk-widget

One thing we at Appalachian Voices particularly pride ourselves on is our ability to work in the realm where technology, hard data and storytelling converge.

Over the years, we’ve applied these skills to develop tools on iLoveMountains.org like What’s My Connection? and The Human Cost of Coal to show in compelling and unmistakable fashion how mountaintop removal coal mining is ransacking Appalachia’s communities and natural heritage.

Last month, we unveiled our latest project, Communities at Risk, an mapping tool revealing how mountaintop removal has been expanding closer to people’s homes in Central Appalachia — even as coal is in decline — and posing increasing threats to residents’ health and the environment.

EXPLORE: The Communities At Risk From Mountaintop Removal Mapping Tool

We used Google Earth Engine, U.S. Geological Survey data, publicly available satellite imagery, mining permit databases and mapping data from SkyTruth to develop the interactive map and identify the 50 communities that are most at risk from mountaintop removal. The resulting map offers the first-ever time-lapse view of the destruction’s encroachment on Appalachian communities.

Behind all the data and coordinates, of course, are real people and communities, and that is what drives our work. The communities most at risk from mountaintop removal suffer higher rates of poverty and are losing population more than twice as fast as nearby rural communities with no mining in the immediate vicinity. The health statistics are equally troubling; a 2011 study found double the cancer rates in counties with mountaintop removal compared to nearby counties without it.

Our goal with Communities at Risk is to ramp up the pressure on the White House to end this practice, which remains the single-most overwhelming environmental threat in the region. In the early days of President Obama’s administration, promises were made that regulating mountaintop removal would be based on science. The science on the dire impacts is definitive, yet the administration has failed to act accordingly.

WATCH: Communities At Risk — End Mountaintop Removal Now

Appalachians are working hard to reinvent their economy and outlast the fall of King Coal. Much of that future rests on protecting the air, the water, and the region’s unparalleled natural beauty.

It’s incumbent on the Obama administration to help revive this region that has powered the nation’s economic ascendancy for generations. As citizens have argued for years, cracking down on the continuing devastation of mountaintop removal is critical to moving Appalachia forward.

For Appalachia,

Tom Cormons

Video Shows Rare View of Mountaintop Removal Mining

Wednesday, May 27th, 2015 - posted by cat

CONTACT:
Cat McCue, Communications Director, (434) 293-6373; cat@appvoices.org

A short video released today by Appalachian Voices with stunningly detailed drone footage provides a rare view of mountaintop removal coal mining and the increasing proximity of this destructive form of mining to people living in Appalachia. The video also includes interviews with local citizens who want to end mountaintop removal mining and transition their communities in a more just and sustainable way.

View the video here (4:30).

Trip Jennings, an award-winning videographer who has worked with National Geographic, produced the video in partnership with Appalachian Voices and with support from Patagonia. Using camera drones and time-lapse photography, Jennings weaves images of the region’s natural wonders, the destruction from mountaintop removal, and the resiliency of the Appalachian people into an unforgettable tableau.

You’ll hear from Norman, a former coal miner who would like to see more rooftop solar and other forms of clean energy in the region …. Kathy, a coal-miner’s daughter-turned activist who is witnessing it moving ever-closer to communities … and Carmen, a young person determined to stay and create positive change in her hometown.

Appalachian Voices, a nonprofit regional organization, released the video as part of its “Communities At Risk” project, a data-based, online mapping tool showing the increasing encroachment of mountaintop removal mining on communities even as coal is in decline in Appalachia. The group’s aim is to educate Americans about what’s at stake in Appalachia and urge President Obama to end mountaintop removal mining.

“This is no way to leave a legacy,” says Kate Rooth, campaign director the organization. “It’s incumbent on the Obama administration to help revive this region that has powered the nation’s economic ascendancy for generations, starting with ending mountaintop removal mining.”

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Reflections from the second SOAR Summit

Friday, May 22nd, 2015 - posted by Adam
SOAR is an outstanding example of regional, bipartisan collaboration on the biggest question facing central Appalachia. But the initiative must foster a more inclusive conversation if it hopes to create lasting change.

SOAR is an outstanding example of regional, bipartisan collaboration on the biggest question facing central Appalachia. But the initiative must foster a more inclusive conversation if it hopes to create lasting change.

I remembering hearing about the SOAR Initiative when it was first announced in 2013.

Like a lot of people working for a better Appalachia, I was excited to hear that the question of “what comes next?” was finally receiving some high-level attention.

Last week’s summit was the first time I had connected directly with the initiative and I had high hopes. Although SOAR focuses specifically on enhancing economic opportunities in eastern Kentucky, I was counting on bringing back ideas and inspiration that could be applied to Appalachian Voices’ economic development work in far southwest Virginia.

The event was well attended — an estimated 1,300 people showed up. But, even with so many who care deeply about transitioning the eastern Kentucky economy gathering in one place, there was disappointingly little time or space created for discussion amongst the people who are doing the lion’s share of the on-the-ground work in Appalachian communities. There was a lot of “talking at” and not nearly enough “talking with.”

MACED’s Ivy Brashear had a similar reaction and shared her thoughts in an eloquent post titled “SOAR still important, but second summit falls short of expectations.”

This is not to say that some of the “talking at” portions of the summit were not inspiring or worth hearing. U.S. Secretary of Labor Thomas Perez was on the scene, and he gave a very enthusiastic and hopeful speech about the future of the region.

During his plenary address, Secretary Perez officially rolled out $35 million in federal implementation grants available through the POWER Initiative, a coordinated effort led by the U.S. Economic Development Administration to invest in communities negatively impacted by changes in the coal industry and power sector.

These grants were first announced back in March, and were described by the Obama administration as “a down payment” on the POWER+ Plan.

There was plenty of talk in the hallways among my colleagues about POWER+, and I heard a few related questions asked during Q&A section of multiple presentations. But I was surprised that no one on stage that I saw throughout the day mentioned it on their own. My most recent post was all about how POWER+ deserved a warmer welcome, and it seems like that’s still the case.

Even though POWER+ got the cold shoulder, there was a lot of attention given to other worthy issues such as broadband expansion, technology job creation, local foods, youth leadership development and the arts.

Taken as a whole, SOAR is an outstanding example of regional, bipartisan collaboration on the biggest question facing central Appalachia. When so many different players come to the table with varying backgrounds and interests, it’s naturally a delicate process to keep the boat afloat.

It was never a secret that the coal economy was headed for an eventual collapse. Regional production peaked in 1997, but a web of social and political forces have kept clinging to the past. Finally, we’ve reached a place where we see a robust regional discussion and federal programs focused on diversifying the central Appalachian economy.

The role of Appalachian Voices and our allies is, and will continue to be, ensuring that promising initiatives like SOAR include new ideas and ways of thinking are not stuck in that old and tired web that no longer serves the best interests of Appalachian communities.

Appalachian communities at growing risk from mountaintop removal

Tuesday, April 28th, 2015 - posted by brian
Click through to explore the Communities at Risk tool on iLoveMountains.org

Click through to explore the Communities at Risk tool on iLoveMountains.org

Announcing a new tool to end the destruction of Appalachian mountains and streams

Coal is in the news a lot these days. The market forces and much-needed environmental and health protections cornering the dirty fuel are topics of endless interest as America’s energy landscape shifts toward cleaner sources. And yes, all signs point to coal’s continued decline.

In many ways though, the forces chipping away at coal’s historic dominance are overshadowing another big story — one that Appalachian citizens still need the public and policymakers to hear — about just how much the human and environmental costs of mountaintop removal coal mining persist in Central Appalachia.

That mountaintop removal is an extremely dirty and dangerous way to mine coal has never been better understood. The overwhelming body of evidence is built on a foundation of the countless personal stories found in communities near mines and bolstered by dozens of studies investigating disproportionate health problems in coal-producing counties compared to elsewhere in Appalachia. More recently, advocates have employed technological tools to visualize complex data and add another dimension to arguments against the practice.

Appalachian Voices is committed to both creating a forum for those personal stories and sharing the most up-to-date data available about the ongoing risks mountaintop removal poses to our region’s communities and environment. Today, we’re excited to share a web tool we developed to reveal how mining continues to close in on nearby communities and send a resounding message to President Obama that ending mountaintop removal is a must if we hope to foster economic and environmental health in Appalachia.

Explore Appalachian Communities at Risk from Mountaintop Removal on iLoveMountains.org

A view of the Communities at Risk mapping tool. Click to enlarge.

A view of the Communities at Risk mapping tool. Click to enlarge.

The centerpiece of “Communities at Risk from Mountaintop Removal” is an interactive mapping tool on iLoveMountains.org that allows anyone to explore mountaintop removal’s expansion over the past 30 years.

Created using Google Earth Engine, U.S. Geological Survey data, publicly available satellite imagery, and mapping data and consultation from the nonprofit SkyTruth, the tool gives users greater perspective into the decades-long scourge surface mining has had on the Appalachian landscape and generations of families that live in the region.

The Communities at Risk tool also concentrates on impacts at the community level, where the powerful personal stories that first brought mountaintop removal to the forefront of the nation’s consciousness and agenda for environmental change are found.

Fifty communities spread across Kentucky, Virginia and West Virginia are identified by the tool as being the most at risk. By clicking on a community icon on the map, you can see the number of acres classified as active mining within a 1-mile radius of a particular place over time. In some communities, the number has fallen. In others, it has grown dramatically in recent years even as regional coal production has plummeted.

Inman, Va., resident Ben Hooper discusses the long-lasting impacts of mountaintop removal on his community. Click to open video.

Inman, Va., resident Ben Hooper discusses the long-lasting impacts of mountaintop removal on his community. Click to open video.

In the coming months, we’ll take a closer look at a handful of these communities, sharing local perspectives on how the proximity of mountaintop removal has affected local livelihoods. Our first “featured community” is Inman, Va., a small town in Wise County, where residents have successfully battled back a proposed mountaintop removal mine while experiencing the devastating impacts of another that began operating in the early 2000s. You’ll also see stories about featured communities on AppalachianVoices.org and in upcoming issues of The Appalachian Voice newspaper.

Learn about Inman, Va., from local residents Matt Hepler and Ben Hooper

If you want a fuller picture of the data we used to create the mapping tool, check out the companion white paper, which describes the background, methods, results and implications of our initial research.

Over time, we’ll work with impacted citizens in communities near active and proposed mines to expand the use of the tool and update our maps with current, high-resolution satellite imagery we’ll obtain through a partnership with Google’s Skybox for Good project.

Read our white paper for an in-depth look at the ways mountaintop removal continues to put Appalachian communities at risk.

The constant flow of news describing something close to the death of the Appalachian coal industry could leave outside observers with the impression that the problems of mountaintop removal have been resolved by the industry’s impending collapse. That impression, however, is at odds with the personal experience of many Appalachian citizens, the visible impacts of mining in communities across the region and the data that comprises Communities at Risk.

Visit CommunitiesAtRisk.org to explore the mapping tool, learn more about the 50 most at-risk communities and tell President Obama that more must be done to protect Appalachian communities.

New Map Tracks Growing Threat of Mountaintop Removal

Tuesday, April 28th, 2015 - posted by cat

Contacts:
Matt Wasson, Program Director, 828-262-1500, matt@appvoices.org
Erin Savage, Central Appalachian Campaign Coordinator, 828-262-1500, erin@appvoices.org
Cat McCue, Communications Director, 434-293-6373, cat@appvoices.org

A new interactive map released today shows that mountaintop removal coal mining has been expanding closer to communities in Central Appalachia in recent years, posing increasing threats to human health and the environment even as coal production in the region has declined dramatically. The mapping tool, developed by the nonprofit organization Appalachian Voices, is the first-ever, time-lapse view of the proximity of mountaintop removal mines to communities.

The organization identified 50 Appalachian communities that are most at risk from destructive mining based on the proximity of mining to those communities and the rate at which mining activity has been increasing. Krypton, Ky., Bishop, W.Va., and Roaring Fork, Va. are the top three communities at risk, while the top three counties with the highest number of communities at risk are Pike County, Ky. (seven), Wise County, Va. (six), and Boone County, W.Va. (five).

>> View the interactive map
>> Download the white paper, with tables and methodology

Based on the map, and working with impacted citizens in the coal-bearing region, Appalachian Voices can now identify mining “hot spots” and access on-demand, up-to-date, high-resolution satellite images through a unique partnership with Google Inc.’s Skybox For Good initiative.

The “Communities At Risk” web feature is part of the organization’s ongoing campaign urging President Obama to end mountaintop removal mining before he leaves office. “Contrary to what the coal industry and its allies in Congress claim, federal action to end this atrocity is not a ‘war on coal,’ but rather is at the heart of securing the region’s future,” says Erin Savage, Appalachian Voices Central Appalachian Campaign Coordinator.

Other key findings include:

  • Communities where mountaintop removal mine encroachment is increasing suffer higher rates of poverty and are losing population more than twice as fast as nearby rural communities with no mining in the immediate vicinity;
  • Southwest Virginia had a disproportionate concentration of at-risk communities on the list (20%), but accounted for only 8% of Central Appalachia’s surface mine coal production in 2014; and
  • West Virginia, where 60% of all Central Appalachian surface mine coal production occurred in 11 counties in 2014, accounted for nearly half of the 50 at-risk communities.

Appalachian Voices developed the map and identified the 50 communities most at risk using Google Earth Engine, U.S. Geological Survey data, publicly available satellite imagery, mining permit databases, and mapping data and consultation from Skytruth. Much of the expanding surface mining is for metallurgical coal used to make steel, as opposed to thermal coal used in power plants. Metallurgical coal is usually exported overseas, says Matt Wasson, Appalachian Voices Program Director who developed the methodology for the web tool.

“The human suffering and environmental destruction from mountaintop removal mining won’t just disappear as America’s aging power plants retire,” he says. “It’s incumbent on the Obama administration to help revive this region that has powered the nation’s economic ascendancy for generations, starting with ending mountaintop removal mining.”

For the campaign launch, Appalachian Voices focused on one of the 50 communities—Inman, Va., which ranks #22 on the list. The 3,000-acre Looney Ridge mountaintop removal mine has loomed over Inman for more than a decade. The area’s population has declined 9% from 1990 to 2010, while surrounding Wise County grew by 2.4%, and the state grew 14.7%. The poverty rate in the Inman area jumped from 17.3% in 2000 to almost 28% in 2013.

“Strip mining was controversial in the ‘70s here, but it was in no way as destructive as taking the entire top off of mountains,” says Ben Hooper, a long-time resident of Inman. “There’s no way you can take the entire top off the mountain and not destroy a lot of things. There was safe water to drink at one point off one of the mountains—but there’s no safe water now.”

>> Watch the video with Ben Hooper; contact Cat McCue to arrange an interview with him.

The mapping tool was developed by Appalachian Voices for iLoveMountains.org on behalf of The Alliance for Appalachia.

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Appalachian Voices is an award-winning nonprofit organization that is cultivating a citizen movement across Virginia, West Virginia, North Carolina, Tennessee and Kentucky to shift our region from harmful, polluting energy practices — like mountaintop removal coal mining and fracking — to cleaner, more just and sustainable energy sources. Through community organizing, innovative communications tools and advocacy at the highest levels of power, we bring people together to protect our beloved mountains and rivers, our forests and farmland and our children’s future. Join the movement today at AppalachianVoices.org.

State Legislative Updates

Monday, April 13th, 2015 - posted by Dac Collins

While lawmakers in Washington, D.C., might get most of the spotlight, the legislators in state capitols across the region are busy making — and blocking — laws that affect Appalachia’s land, air, water and people. Here are spring updates from state legislatures around the region.

Kentucky

Session convened Jan. 6, adjourned March 24

Perhaps the most publicized and contentious environmental law to pass during the Bluegrass State’s 30-day legislative session was an update to existing oil and gas drilling rules that addresses some of the challenges posed by fracking.

A new energy law creates an Environmental Regulation Task Force to review how electricity reliability in the state is affected by federal environmental regulations. The task force, which environmental groups say is skewed toward industry, will produce a report by December 2015.

Gov. Beshear also signed a bill that helps local governments finance water and energy efficiency projects. A committee hearing on the Clean Energy Opportunity Act, which would require Kentucky utilities to meet a certain portion of electricity demand through energy efficiency and renewables, was cancelled due to a March snowstorm, but a hearing during the legislative interim is expected.

It will be more difficult for timber companies designated as “bad actors” to operate in the state without paying civil penalties and remediating logging sites under another new law. And new rules regarding how local governments can handle stray horses and cattle provide guidelines for identifying owners and for gelding, or sterilizing, male animals if an owner is not found. — By Molly Moore

North Carolina

Session convened Jan. 14, adjourns early July

Since the legislative session began in January, the rules regulating oil and gas drilling in North Carolina went into effect and the state’s long-standing moratorium on fracking was lifted. A bipartisan bill introduced to “disapprove” the rules was left to expire in March.

The first law passed this session clarifies technical issues with the Coal Ash Management Act passed last September and removes a previous legal requirement that the state develop rules to limit air pollution from fracking operations. A three-judge panel ruled in favor of Governor McCrory, who claims that the Coal Ash Management Commission is unconstitutional because there are more legislative appointments than executive. The ruling means that progress cleaning up coal ash throughout the state will stall. It also affects the commission that wrote the fracking rules, which could impact the validity of the drilling regulations.

The bipartisan Energy Freedom Bill, which would open up the state to third-party sales for solar projects, was introduced in March. The bill is supported by environmental groups, large businesses and the military, but strongly opposed by Duke Energy, which currently has a monopoly on the state’s power production.

Though polls show that North Carolinians overwhelmingly support renewable energy options, Gov. McCrory continues to push for opening the coast to offshore oil drilling, which is a possibility now that President Obama is allowing states to pursue offshore drilling in the Atlantic. — By Sarah Kellogg

Tennessee

Session convened Jan. 13, adjourns late April

At the end of March, a bill to transfer oversight of surface mining in Tennessee from federal to state regulators had passed through a state Senate committee and state House subcommittee. The Primacy and Reclamation Act of Tennessee would end the federal Office of Surface Mining’s 31-year term as the regulatory agency charged with ensuring that coal mining operations in the state abide by surface mining and mined-land reclamation laws. That responsibility would pass to the Tennessee Department of Environment and Conservation. In 1984, the federal agency assumed oversight of surface mining in Tennessee due to the state’s poor enforcement of environmental laws.

The Tennessee Mining Association says a return to state regulation will lead to faster approval of mining permits. Opponents of the bill argue that fees levied on coal companies to pay for the costs of administering the regulatory program would be insufficient, and leave the state bearing an added cost.

A bill to provide a general permit for noncommercial gold mining appears idle for the year; opponents were concerned the bill could damage water quality and trout populations in the Cherokee National Forest. And a bill to help finance renewable energy and energy efficiency was moving through legislative committees at press time. — By Molly Moore

Virginia

Session convened Jan. 14, adjourned Feb. 27

In the 2015 legislative session, Virginia electric utilities lobbied for what they described as a partial rate freeze, though consumer advocates said that average electric bills could still increase and the legislation would make it more difficult for regulators to catch utility over-earnings or require refunds. But amendments on the same bill declared solar energy development and energy efficiency programs as in the public interest, and the legislation passed.

Another bill would have joined Virginia into a regional network of states limiting greenhouse gas emissions. Through pollution allowance auctions, this initiative would raise funds for efforts such as coastal adaptation to sea level rise and renewable energy workforce training. The bill did not receive a vote, but this concept will likely be reintroduced next year.

Two new laws that passed will increase the size of nonresidential solar installations that can sell power back to the grid and encourage renewable energy and energy efficiency for multi-family and commercial buildings.

Meanwhile, Gov. McAuliffe reiterated his strong support for the Atlantic Coast Pipeline, one of three proposed pipelines that would, if built, carry fracked gas across ecologically sensitive areas. A bipartisan bill would have prevented interstate companies from entering and surveying private property without the written consent of the owner, but that legislation failed to pass, as did an attempt to make public service corporations using eminent domain subject to the Freedom of Information Act. — By Hannah Wiegard

West Virginia

Session convened Jan. 14, adjourned March 14

Governor Earl Ray Tomblin received criticism from mine-safety and environmental groups for signing the Coal Jobs Safety Act, a law that United Mine Workers of America President Cecil Roberts said “marks the first time in West Virginia history that our state has officially reduced safety standards for coal miners.” The legislation also prevents citizens from suing coal companies for violating Clean Water Act standards if those standards were not specified in the state mine permit, along with several other industry-supported changes to environmental rules.

The state also lowered the number of aboveground chemical storage tanks that need to comply with safety regulations by roughly 75 percent — the storage tank rules passed in the wake of the 2014 Elk River chemical spill. The legislature did agree to strengthen water quality standards for a 72-mile stretch of the Kanawha River so that it can be used as a backup drinking water source for the now-notorious Elk River intake.

A bill that would have allowed “forced pooling” for horizontal oil and gas wells narrowly failed. Forced pooling, which is currently allowed for vertical wells in the state, requires all mineral owners to lease their land for drilling if a certain percentage of other mineral owners in an drilling tract agree.

Two bills intended to expand the scope of agricultural cooperatives and make it easier for growers to sell at farmer’s markets also passed. — By Molly Moore

Kentucky Seeks to Keep Asian Carp In Check

Wednesday, April 8th, 2015 - posted by Dac Collins

By Dac Collins

In its first annual report to Congress on invasive Asian carp, the U.S. Fish and Wildlife Service said in February that the aggressive fish are spawning in the Ohio River at Louisville, and have been detected as far upriver as Huntington, W.Va.

Asian carp disrupt the ecological balance of lakes and rivers by outcompeting native fish species for food and habitat. They have spread throughout the Mississippi River watershed into over twenty states since they were first introduced in the 1970’s.

Ron Brooks of the Kentucky Department of Fish and Wildlife Resources told The Courier-Journal that the spread of the voracious species is “definitely one of the most important problems we are going to have to deal with for a while.”

Kentucky is stepping up its commercial fishing efforts and currently removing approximately 40 tons of Asian carp every week from the Ohio River.

Going to court for clean water

Tuesday, March 17th, 2015 - posted by eric
A satellite image on Google Earth, taken October 2013, of a mine in Breathitt County, Kentucky, owned by Frasure Creek Mining.

A satellite image on Google Earth, taken October 2013, of a mine in Breathitt County, Kentucky, owned by Frasure Creek Mining.

Last week, Appalachian Voices and our partners in Kentucky sued Frasure Creek Mining in federal court for more than 20,000 violations of the Clean Water Act, amounting to nearly $700 million in potential fines. (Read the press release.)

In 2013 and 2014, Frasure Creek Mining submitted more than 100 reports to the Kentucky Energy and Environment Cabinet that contained false water monitoring data. These reports are supposed to be used to make sure companies are meeting the water pollution limits in their permits, but when companies turn in false reports, that task becomes impossible.

In the first quarter of 2014, nearly half of Frasure Creek’s water monitoring reports were false. Most contained data copied from previous reports.

But what if Frasure Creek copied a report that contained violations of their pollution limits? In a few cases where the first report contained violations, the entire report is copied except for the violations.

A few years ago, Frasure Creek was the top producer of coal from mountaintop removal mines in Kentucky. It recently emerged from bankruptcy and in 2014, the company didn’t produce any coal from its 60 Kentucky mines, a fact that doesn’t seem to have affected Frasure Creek’s parent company Essar, or its billionaire owners, Shashi and Ravi Ruia. Although Frasure Creek has stopped producing coal for the time being, its mines continue to produce toxic pollution and continue to wrack up numerous violations from the state for failing to properly reclaim the mines.

Friday’s lawsuit is the next step in what has been a long fight for clean water and proper oversight in Kentucky. We first uncovered similar false reports from Frasure Creek and two other coal companies 2010, and took legal action. Frasure Creek’s earlier violations have yet to be resolved. Late last year, inadequate settlements between Frasure Creek and the Cabinet were thrown out by a Kentucky judge, and that decision is now being appealed.

Appalachian Voices is joined in these efforts by Kentuckians For The Commonwealth, Kentucky Riverkeeper, the Sierra Club and the Waterkeeper Alliance. The citizens’ groups are represented by Mary Cromer of Appalachian Citizens Law Center, attorney Lauren Waterworth, and the Pace Law School Environmental Litigation Clinic.

Read past posts about our clean water lawsuits in Kentucky.

Groups Sue Kentucky Mining Company

Friday, March 13th, 2015 - posted by cat

Contacts:
Eric Chance, Appalachian Voices, 828-262-1500, eric@appvoices.org
Ted Withrow, Kentuckians For The Commonwealth, 606-782-0998, tfwithrow@windstream.net
Pat Banks, Kentucky Riverkeeper, 859-200-7442, kyriverkeeper@eku.edu
Pete Harrison, Waterkeeper Alliance, 828-582-0422, pharrison@waterkeeper.org
Adam Beitman, Sierra Club, 202-675-2385, adam.beitman@sierraclub.org

Pikeville, Ky. – A coalition of citizens groups today filed a federal lawsuit against Frasure Creek Mining, LLC, for submitting to the state more than 100 false water pollution monitoring reports from its Kentucky coal mines. The false reports amount to nearly 20,000 violations of the federal Clean Water Act and carry a total maximum penalty of more than $700 million.

>> The lawsuit is available here.(pdf)

The violations occurred at Frasure Creek’s mountaintop removal coal mines in Floyd, Magoffin, Pike and Knott counties in Eastern Kentucky. Frasure Creek, formerly the state’s top producer of coal from mountain top removal mining, is a subsidiary of Essar Group, a multi-billion dollar international corporation based in India. In November, the groups sent Frasure Creek a “notice of intent” to sue after at least 60 day, as required by the Clean Water Act.

“By all indications, this case looks like the biggest criminal conspiracy to violate the federal Clean Water Act in the history of that law,” said Waterkeeper Alliance attorney Pete Harrison.

The pollution discharge monitoring reports are supposed to be used by state regulators to ensure companies stay within the permitted limits for pollutants. The Kentucky Energy and Environment Cabinet, however, failed for years to take action on Frasure Creek’s mounting violations.

The mining company has a history of similar false reporting. Almost five years ago, citizens’ groups uncovered falsified pollution reports, which led to two cases against Frasure Creek that have yet to be resolved. In both cases, the cabinet reached slap-on-the-wrist settlements with the company, preempting citizen involvement. In December, a Kentucky judge threw out those settlements. The cabinet is now appealing that ruling.

In January, 59 days after the groups revealed the company’s latest violations, the cabinet took administrative action against the company. The groups have filed to intervene in that action to try to ensure the state appropriately enforces the law.

“Frasure Creek is using false reports to mask serious pollution problems,” said Eric Chance, Water Quality Specialist for Appalachian Voices. “And the cabinet is failing in its duty to enforce the law and protect the people of Eastern Kentucky from dangerous pollution, which is why citizens’ groups have had to step up and do the job through lawsuits like this one.”

“Our state officials have turned a blind eye to what is obviously serious problem,” said Ted Withrow, a member of Kentuckians For The Commonwealth and retired Big Sandy River basin coordinator for the Kentucky Division of Water. “False reporting is widespread within the coal industry, but state regulators have little incentive to identify problems like these when there are false reports that make everything look great.”

“Coal jobs may be leaving the state, but the industry’s legacy of environmental damage is here to stay,” said Pat Banks, Kentucky Riverkeeper. “With declining coal production, we need to be more diligent than ever to make sure companies can’t cut corners at the expense of local residents and the environment. We need healthy people and a healthy environment for Eastern Kentucky to be able to flourish.”

“Self-reported data is the backbone of Clean Water Act enforcement,” said Alice Howell, of the Sierra Club’s Cumberland (Kentucky) Chapter. “When companies like Frasure Creek submit false data it completely undermines all the protections we have in place to make sure our water is safe.”

The citizens groups — Appalachian Voices, Kentuckians For The Commonwealth, Kentucky Riverkeeper, Sierra Club and Waterkeeper Alliance – are represented by Mary Cromer of Appalachian Citizens Law Center, attorney Lauren Waterworth, and the Pace Law School Environmental Litigation Clinic.

Groups Seek to Ensure Ky. Enforces Clean Water Law

Monday, February 23rd, 2015 - posted by cat

Contacts:

  • Eric Chance, Appalachian Voices, 828-262-1500, eric@appvoices.org
  • Ted Withrow, Kentuckians For The Commonwealth, 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
  • Adam Beitman, Sierra Club, 202-675-2385, adam.beitman@sierraclub.org

Frankfort – A coalition of citizens groups today filed a motion to intervene in a state enforcement action against Frasure Creek Mining for violating the Clean Water Act at its coal mining operations in eastern Kentucky. Last November, the groups identified thousands of instances where Frasure Creek had falsified water pollution discharge monitoring reports and sent the company a notice of their intent to sue. In response, the Kentucky Energy and Environment Cabinet filed a complaint against Frasure Creek for these violations in the agency’s administrative court.

The groups are seeking to intervene in the state’s enforcement action to ensure that Frasure Creek is held fully accountable for the violations, and that the state secures sufficient corrective action, which is particularly important because of the company’s past violations. In 2010, citizens’ groups had uncovered similarly falsified discharge monitoring reports by Frasure Creek, and sent the company a notice of intent to sue to enforce the Clean Water Act. The state stepped in, pre-empting the lawsuit, and reached a settlement with Frasure Creek that amounted to a slap on the wrist. The settlement was thrown out by Franklin Circuit Court Judge Phillip Shepherd in December, but the state has appealed.

“The cabinet’s previous enforcement actions were clearly too weak, because Frasure Creek has returned to its practice of covering up pollution violations by re-using old data,” said Eric Chance, Water Quality Specialist for Appalachian Voices. “We want to make sure enforcement is adequate this time.”

“The people of Kentucky deserve clean water, and companies need to know that they can’t hide behind an agency that accepts false reports,” said Ted Withrow, a former cabinet employee, now a volunteer for Kentuckians For The Commonwealth.

“Frasure Creek is not the only company turning in false reports to the state, and the cabinet needs to make an example out of them,” said Kentucky Riverkeeper Pat Banks. “Without accurate information, how can we expect to have real enforcement, or know if our water is safe?”

Today’s motion to intervene was sent by Appalachian Voices, Kentucky Riverkeeper, Kentuckians For The Commonwealth, Waterkeeper Alliance and the Sierra Club. The groups are represented by Mary Cromer of Appalachian Citizens Law Center, attorney Lauren Waterworth, and the Pace Law School Environmental Litigation Clinic.

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