Posts Tagged ‘Kentucky’

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.

Same coal company, same old (illegal) tricks

Monday, November 17th, 2014 - posted by eric

“We do all those old tricks electronically now.” By Charles Barsotti.

They say you can’t teach an old dog new tricks. That certainly seems to be the case with Frasure Creek Mining. Four years ago we took legal action against the company for submitting false water monitoring reports, and now they are at it again, but this time the false reporting is even more extensive. Almost 28,000 violations of the Clean Water Act in what is likely the largest non-compliance of the law in its 42-year history.

In 2010, Appalachian Voices and our partner organizations served Frasure Creek and International Coal Group (ICG) with a notice of our intent to sue them for submitting falsified pollution monitoring reports to Kentucky regulators. Back then, both companies were reusing the same quarterly reports, changing the dates on the reports but duplicating all the water monitoring data. The reports have changed from paper to electronic documents, but Frasure Creek’s practice of reusing them has returned.

The Kentucky Energy and Environment Cabinet filed a slap-on-the-wrist settlement with the companies, writing off the duplications as “transcription errors” and effectively preventing our legal case from going forward. We challenged the settlement in state court and eventually reached an agreement with ICG, but not with Frasure Creek. We are still waiting on a decision in that case.

In the meantime, we discovered that Frasure Creek has been up to its old tricks. So today, we sent the company another notice of intent to sue for the new batch of duplicated reports.

Before our initial legal action, the companies rarely, if ever, submitted reports that showed violations of their pollution limits. As a result of our investigation, the companies hired new, more reputable labs and began reporting lots of pollution problems, making it clear that their false reports were covering up serious issues. We tried to sue Frasure Creek for these pollution violations, but the state reached another deal with the company, tying our hands.

Frasure Creek Mining reports only a few violations of their pollution limits when they are turning in false reports.

All of this raises one important question: Who would be stupid enough, or so utterly disdainful of federal law, to do the exact same thing they had gotten in trouble for before? One would think that it must have been an accident, because no one would ever purposefully do this again, but there are a few factors that seem to contradict that idea.

• In 2014, when Frasure reused data, it occasionally changed a little bit more than just the dates. There are a number of new duplications where the original report showed violations of pollution limits. All of the data in these reports was reused except for violations, which were replaced with a few very low numbers. (Personally, I am really looking forward to the convoluted tale that Frasure will tell to try to explain away these as “transcription errors.”)

• The new duplications are far too common to be made accidentally by someone who was putting any modicum of effort into their job. In the first quarter of 2014, the company submitted over 100 duplicated reports, so almost half of its reports that quarter were false. That’s almost three times the number of false reports it got caught for the first time around, and translates to almost $1 billion in potential fines.

• Frasure Creek isn’t afraid of getting caught because the consequences are extremely low. The state’s past settlements with the company have been too weak to discourage this type of false reporting, and in fact, may have given the company a sense of security. Under the Clean Water Act, the potential maximum fine per violation is $37,500. One of the state’s past settlements with Frasure Creek set automatic penalties of only $1,000 per violation. So interestingly, it’s when those penalties were in effect that Frasure Creek, submitted lots of duplicated reports, but only reported a handful of pollution violations. (See the period in the blue box on the graph.)

This is one of about 70 Frasure Creek Mining discharges that the company has been submitting duplicated water monitoring reports for.

Frasure Creek has about 60 coal mining permits across Eastern Kentucky, mostly for mountaintop removal mines. Most of the new reporting duplications occurred at mines in Floyd County, but some occurred at its mines in neighboring counties. Pollution from these mines flows into the Big Sandy, Licking and Kentucky rivers.

Frasure Creek may be a bad actor in the mining industry, but it’s not alone in this type of false reporting. A few years ago we took legal action against the three largest coal producers in Kentucky (including Frasure Creek), all of which were turning in false water monitoring reports produced by three different laboratories. In recent weeks there have been two criminal cases in West Virginia for false water monitoring, one at coal mines, and one for duplicating reports exactly like what has been going on here.

These pollution reports are the foundation of the Clean Water Act regulations. Without accurate reporting, it’s impossible for regulators to effectively protect the people and the environment from dangerous pollution. The fact that the Kentucky Energy and Environment Cabinet and the Environmental Protection Agency have done so little to stamp out false reporting in Kentucky is simply deplorable.

Appalachian Voices is joined in this effort by Kentuckians For The Commonwealth, Kentucky Riverkeeper, 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.

>> View The Notice of Intent to Sue here (.pdf)

>> View our Press Release here

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.

A Family’s Troubled Water

Tuesday, October 14th, 2014 - posted by Barbara Musumarra
Ginger Halbert, photo by Molly Moore

In her dining room, Ginger Halbert discusses the state reports on the investigation into her property damage and water contamination. Photo by Molly Moore.

After mountaintop removal coal mining began near their eastern Kentucky home, the Halberts saw their water quality and quality of life plummet. Three years later, they continue to seek answers.

By Molly Moore

Ginger and Mark Halbert have a knack for fermentation, and their flavorful pickled corn is so popular among friends and family that the couple crafted a plan in 2011 to bring their recipe to local and regional stores. They certified the recipe, and started the process of transforming Mark’s mechanical shop, which is attached to their home, into a commercial kitchen that could produce nourishing, locally grown goods prepared on-site with their mountain spring water.

The Halberts dreamed that their business might expand to nearby states and include items such as pickled green tomatoes and sauerkraut, and Mark started plans for a vineyard on the slope beside their home. In the fall of 2011 they arranged for a plumber to finish preparing for the commercial kitchen, but had to stop the project before it was complete. Everything was put on hold when the water and land that the Halberts’ vision relied on began to fall apart.

A Life Disrupted

Perched on a flat bench along an otherwise steep slope, the west side of the house faces toward the forested ridge and the second-story entrance and deck are parallel to the steep mountainside. That fall, the ground around the home began to shift, sometimes in sudden, violent movements that shook and cracked the walls.

After one intense shake, Ginger ran downstairs to check on Mark in the shop below and found the door jammed shut. She frantically tried to open it, praying that no heavy equipment had fallen on her husband. Thankfully, he was unharmed.

Following heavy rains, the shop began to flood. Standing water filled the floor, which signaled the start of a mold problem that worsened when the pipes corroded that spring and water seeped beneath the rugs.

Putting their plans on hold because of the property damage was “a bitter pill to swallow,” Ginger says, but as time progressed the family faced more pressing concerns. In the spring of 2012, their water developed a strange taste. At first Ginger thought the change might be due to snowmelt and would pass along with the winter’s built-up grime, but by May the taste worsened and the plants that she watered began to wither.

That spring, Mark and their children began experiencing a nagging pain in their legs, a sensation that Ginger felt in her arms and elbows. Over the next year, the pain escalated — her children said it felt as if their legs were pulling away from their bodies. Ginger started washing the dishes in the sink because the water had destroyed the dishwasher, but her arms broke out in rashes afterward.

Mark’s leg began to hurt so intensely that the former Marine had trouble walking. At the V.A. Hospital, the doctors looked for a blood clot and other indications of trouble but couldn’t find anything wrong, though one healthcare worker said it sounded like the cause could be metals in his muscles. Mark then went to a chiropractor who came to the same conclusion. The family already knew that their water quality was in decline when their health symptoms began in 2012. At that time, they used their tap water for showering and cleaning but hauled bottled water to the upstairs residence for drinking. When the Halberts discovered the extent of the water contamination in the spring of 2014, they installed a 300-gallon rainwater cistern to supply water for washing dishes and bathing — and their symptoms disappeared.

“I took it for granted that water was going to be there forever, and I think by nature it should have been,” Ginger says.

The onset of their troubles coincided with the opening of a new mountaintop removal coal mine near their home, and Ginger believes the surface mining operation is responsible for the ruined water. But proving a connection between a new mining operation and contaminated water in a region riddled with decades of mining infrastructure is a task for only the most dogged and determined. Ginger Halbert is both.

Practicing Perseverance

The Halbert property has always been intimate with coal — two coal seams crop out of the mountainside behind their home, and one runs beneath. Their spring discharges from one of the abandoned coal seams. The last underground mining on these seams ended in 1959, and in the 1990s the owners of the legacy mines met the legal requirements for reclamation and had their bonds returned, freeing them from legal or financial responsibility for any future troubles. In the ‘90s and the early 2000s, the Halberts called the federal Office of Surface Mining Reclamation and Enforcement asking for assistance with rockslides and gushing water, but until 2012, their drinking water always tasted good.

In 2011, When the Halberts received notice that FCDC Coal, Inc. was opening a surface mine on the adjacent hollow, they were offered a pre-blasting survey that measured existing water quality. The survey showed a pH level of 6.8, which is within the healthy drinking water parameters of 6.5 to 8.5. In November 2012 — after blasting began — staff from the Kentucky Department for Natural Resources and the Division of Mine Reclamation & Enforcement inspected the spring in response to a water quality complaint from the Halberts. Their test results showed a pH of 4.

While the Halberts waited for more information from the state agency, they spoke with an employee of FCDC Coal who said the company could assess the water and discuss possible solutions if it was indeed impaired. After the company also found dangerously low pH, Ginger called to ask whether the company would either connect them to city water or provide filters. This time her contact denied that FCDC Coal could be responsible. “‘You take what we give you or we’ll make sure you have no water,’ thats the way he put it,” Ginger recalls, bristling at the memory.

Mark picked up the phone next, this time dialing the state DMRE. The original inspector was unavailable, so Mark began describing the coal company’s response to her supervisor, Eric Allen. He told Mark that the state inspector had concluded the new surface mine was too far away and could not have impacted the water, so DMRE had stopped the investigation.

“We never received a letter, never received nothing from them, and they stopped investigating,” Ginger says in disbelief.

After Mark countered that the family wouldn’t have been asked to participate in a pre-blast survey if their home was too far away to be impacted, Allen agreed to reopen the investigation.

Over the next year, DMRE hydrologists visited the property and surrounding area, sampling water at the home, on the mine permit, and at nearby drainages. When the agency issued its report in February 2014, some facts were clear: water quality at the Halbert home had declined substantially and was impacted by mining, and the change coincided with the start of the new FCDC Coal surface mine.

But when it came to assigning responsibility for the damage the report concluded that there wasn’t enough evidence to assign blame to a particular mine. “The volume of water in the underground mine works that supply the Halbert’s spring is far too large to be directly affected [by] the FCDC disturbance,” the report stated. “It is far more likely that conditions within the underground mines changed in some way, causing more acidic water to be produced.”

Ginger was dismayed with the state’s inconclusive findings and pored over the report, putting together a list of questions: Could the blasting at the FCDC site have impacted the fragile underground mines, causing a cave-in or other problem that ruined their water? Why didn’t a blasting inspector accompany the hydrologist or respond to their concerns in a timely manner? In March, she and Mark compiled more than a dozen such questions in a formal request for an administrative review of the February 2014 report.

“You would not believe what I went through just to find out what I could do,” she says of the process. “I did so much research I felt like I took three years of college in a week.”

Driven by her and her family’s escalating pain, she also called the U.S. Environmental Protection Agency’s Atlanta regional office. The representative she spoke with said he would ensure that someone from the state Division of Water assessed her water, and in March 2014 the inspector arrived. The test results were sobering.

Before the Halberts learned that their water contained 14 ug/l of total beryllium compared to an EPA drinking water standard of 4 ug/l, they were unfamiliar with the metal. Now they know that it is a cancer-causing agent also linked to respiratory ailments, skin rashes and a chronic disease called berylliosis, which damages the heart and lungs. People are typically exposed to airborne beryllium through industrial work, not drinking water, but the agency theorized that the water’s high acidity might be allowing the metal to leach from the coal-bearing rocks.

The agency report also showed a pH reading of 3.33, a level considered unsafe for human use, and a conductivity reading of 2200 that indicated a high presence of minerals. Among the minerals violating drinking water standards were iron, manganese, aluminum and sulfate.

“It’s stopped all of our lives,” Ginger says. “We can’t enjoy the little things people always take for granted.” The family no longer accepts overnight visitors. Their oldest son is serving with the Air Force in South Korea, and to Ginger’s great delight he used to bring fellow servicemembers home for visits. But Ginger no longer welcomes these visitors to the house — she doesn’t want to put him and his friends at risk.

Pausing to look out of her second-story hillside window at the small houses scattered throughout the hollow, Ginger’s eyes well up with tears. She gestures to the homes, telling the stories of eight neighbors who have battled cancer in the past five years, and describing going to the small town grocery store and seeing multiple shoppers with cancer. Ginger jokes that she will go down fighting, but she is still concerned, and provides her family with detoxifying foods and supplements.

Worth Fighting For

In August 2014, Ginger received a report from a DMRE geologist who responded to the Halberts’ list of questions by reviewing the other inspectors’ work. The geologist reached the same conclusion as her colleagues, reporting that there was insufficient evidence to link the recent FCDC mining to the family’s ruined spring and expressing the opinion that the Halbert troubles stemmed from the older mines nearby.

Ginger says she isn’t satisfied with the answers, and still wonders whether the blasting impacted the abandoned mines nearby, setting off changes that contaminated their formerly reliable spring. Now represented by Jeffrey R. Morgan and Associates in Hazard, Ky., the Halberts are continuing to appeal the state’s findings in the hopes that a court might decide a more thorough investigation into the Halbert’s problems is warranted.

The Halberts are also in the discovery phase of a lawsuit against FCDC Coal to receive compensation for the damage done to their property — compensation that might allow the family to find a new home and return to their dream of processing fresh, fermented vegetables with healthy mountain water.

For now, the weeds are tall in the Halbert backyard, where a triangular stretch of flat land is flanked by the family’s spring, the home and a shifting, quickly eroding drop-off. There are no longer any deck chairs out here to take advantage of the rural valley views — ironweed and other plants grow unchecked to help catch any beryllium-laced water or dust that might blow towards the home.

It upsets Ginger that her eleven-year-old son must stay away from the yard his older siblings used to play in, and that a few miles downstream children might be playing in a creek fed by her toxic spring. She reflects that her oldest son, who is overseas in the military, might be safer than her two at home.

“We’re never promised of getting any help if we sit back and do nothing,” she says. “I was raised that you have a duty to be an American, and it does take work when you are an American to keep your rights and your laws going. And if you stop, and everybody stops, then who gets control?”


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Learn more about mountaintop removal coal mining.
Ask the Obama Administration to stop mountaintop removal coal mining.

Kentucky Sees Growth in Bald Eagle Population

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

By Barbara Musumarra

Bald eagles are navigating a continued recovery in Kentucky. Reports made this August by the Kentucky Department of Fish and Wildlife observed 131 nests, a promising increase from the 42 nests found in 2005 and the single nest found in 1986.

In eastern Kentucky, reservoir construction has added necessary food sources for the raptors, which have historically preferred western Kentucky. Two nests were found in Daniel Boone National Forest.

Only 30 percent of hatchlings typically survive their first year because they must learn to independently fly and hunt. Climate change and the destruction of their natural habitat by man also threaten these birds across the country.

Despite these continuing challenges, in 2007 the eagle’s successful rebound was celebrated with their removal from the federal endangered species list. The 1970s ban on DDT pesticides and subsequent eagle reintroduction programs have significantly improved the bird’s population health. Tennessee has also seen successful nesting rates.

A First-Hand Look at Emerging Opportunities in Eastern Kentucky

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

By Kimber Ray

When eastern Kentucky residents shared their regional vision at Appalachia’s Bright Future Conference this September, they could point to real examples. The main highlight of the conference, which attracted more than 100 people from across Appalachia, was a collection of 20 tours of local businesses, farms, music and art venues, tourist attractions, and community cooperatives.

This was the second Bright Future Conference presented by Kentuckians for the Commonwealth, a grassroots organization focused on economic and environmental justice. The three-day event showcased economic transition in Kentucky’s Harlan and Letcher counties.

Several tours focused on how to re-envision coal mining as a historic heritage attraction, with destinations such as The Kentucky Coal Mine Museum and an underground tour of coal mine Portal 31. Also featured among the tours was the recently developed Benham Energy Project to promote community-wide energy efficiency.

As Appalachian communities face the challenge of transitioning from a largely coal-dependent economy, such conversations are spreading.

On the state level, a similar conference hosted by Kentucky Gov. Steve Beshear and U.S. Rep. Hal Rogers (Ky.-D) is the Shaping Our Appalachian Region initiative, which aims to advance health, education and economic opportunity in eastern Kentucky.

Unique to the SOAR initiative are themed listening sessions conducted across the region to gather citizen feedback. Following the Dec. 2013 SOAR Summit kickoff, opinions on the initiative were mixed, with some residents and organizations expressing concern that elected officials failed to acknowledge citizen feedback, and others embracing it as a way to engage with a diverse set of ideas.

Visit soar-ky.org to learn about the November 2014 SOAR summit. To learn more about Appalachia’s Bright Future, visit kftc.org

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.

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.”

Endangered Species are New Focus in Legal Case against Kentucky’s Water Quality Protections and EPA

Wednesday, August 13th, 2014 - posted by eric

Contact
Appalachian Voices: Eric Chance, 828-262-1500, eric@appvoices.org
Kentuckians For The Commonwealth: Suzanne Tallichet, 606-776-7970, stallichet1156@aol.com
Center for Biological Diversity: Tierra Curry, 971-717-6402, tcurry@biologicaldiversity.org
Sierra Club: Adam Beitman, (202) 675-2385, adam.beitman@gmail.com
Defenders of Wildlife: Melanie Gade, (202) 772-0288, mgade@defenders.org
Kentucky Waterways Alliance: Tim Joice, (502) 589-8008, Tim@kwalliance.org

LOUISVILLE, Ky. –
A coalition of national and Appalachian conservation groups today asked the U.S. District Court for the Western District of Kentucky to compel the Environmental Protection Agency (EPA) to protect imperiled wildlife in Kentucky. The groups want the EPA to reassess the dangers posed to wildlife by a new set of water quality standards covering Kentucky’s coal mining and agricultural operations.

In November 2013, the EPA approved the weakening of Kentucky’s water quality standards for selenium, a pollutant commonly released by mountaintop removal coal mines. The EPA also approved Kentucky’s weakened standards for nutrient pollution from agricultural runoff, which causes toxic algae blooms in local bodies of water and depletes the oxygen needed to support most aquatic life. A coalition of conservation groups, including Appalachian Voices, Kentuckians For The Commonwealth, Kentucky Waterways Alliance and Sierra Club, immediately filed suit, asserting that the EPA’s new guidelines are insufficient to protect waterways and wildlife under the Clean Water Act.

Today, two national wildlife conservation groups, Defenders of Wildlife and Center for Biological Diversity, joined the case. The groups assert that, in addition to violating the Clean Water Act, the EPA’s approval of Kentucky’s weakened water quality standards also violates the Endangered Species Act. Under that law, the EPA is required to consult with the U.S. Fish and Wildlife Service to assess the impacts of changed standards on federally listed species. The groups allege that the EPA violated the Endangered Species Act by initiating, but failing to complete, that consultation process.

The groups issued the following statements:

Jane Davenport, senior staff attorney with Defenders of Wildlife:
“Coal mining has devastating impacts on water-dependent wildlife. The new, weaker water quality standards were originally proposed by the coal mining lobby so it’s unfortunate to see the Environmental Protection Agency essentially rubber stamp them without even checking to see how imperiled wildlife would be affected. Implementation of these new standards needs to be put on hold until the EPA fulfills all of its obligations under the Endangered Species Act and Clean Water Act.”

Eric Chance, water quality specialist with Appalachian Voices:
“This weakened selenium standard is basically a handout to the coal industry at the expense of the people and streams of Kentucky. The EPA and state are just making it easier for polluters to get away with poisoning streams. This is a misguided rule at odds with well-established science, existing laws and common sense.”

Tierra Curry, senior scientist at the Center for Biological Diversity and a native of Knott County:
“Kentucky is home to more kinds of freshwater animals than nearly any other state. Keeping the water safe for them will also help protect healthy water quality for people.”

Alice Howell of Sierra Club’s Cumberland (Kentucky) Chapter:
“Mountaintop removal coal mining threatens our health and our environment, including our most vulnerable species. The EPA has acted irresponsibly by approving Kentucky’s dangerously weak standards. It’s time for the courts to intervene and uphold the strong protections required under the Clean Water Act and Endangered Species Act.”

Suzanne Tallichet, state chair of Kentuckians For The Commonwealth:
“KFTC members are concerned with the health and well-being of all species. We all share the planet, so when one species is being harmed, we are all at risk – including people. Kentucky state officials and the EPA should help us strengthen – rather than diminish – our natural resources. Many Kentuckians are working hard to build a brighter future for coal-impacted communities. But that bright future depends on having healthy streams that are necessary for wildlife, tourism, communities, and businesses to thrive. Appalachia’s bright future can’t be built on polluted waterways that are doing damage to fish and wildlife, not to mention local communities. Kentucky deserves better than these weakened water quality standards.”

Judy Petersen, executive director of Kentucky waterways Alliance:
“The selenium pollution allowed under these new rules could impact birds and other wildlife dependent on the bugs and small fish in our waterways. And we’ve already seen the impacts of too many nutrients in our waters. Taylorsville and Barren River Lakes have levels of harmful algae that put them in the moderate health risk for recreational exposure. People can get sick and even dogs and pets could die after swimming in these lakes. We must do a better job protecting our waterways from pollution, and not look to weaken protections.”

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Head in Clouds, Feet on Trail: Kentucky’s Cloudsplitter 100

Sunday, August 10th, 2014 - posted by Jack Rooney

By Amber Ellis

Come Oct. 4-5, folks from all over the United States and the world will be arriving in Pine Mountain, Ky. for the state’s first 100-mile race.

The Cloudsplitter 100 is endorsed by USA Track & Field as an official mountain, ultra and trail-running championship. There will be accompanying races of 25, 50 and 100 kilometers as well as food, music, games and storytelling.

Cutting through Pike and Letcher counties, the race route follows the Pine Mountain Scenic Trail, “one of the most physically demanding trails in the East,” and highlights the area’s rugged beauty and nearly untouched landscape as a promising possibility for Kentuckian ecotourism. Visit: cloudsplitter100.com