Posts Tagged ‘Kentucky’

Thank God for our Kentucky newspapers

Tuesday, October 6th, 2015 - posted by Tarence Ray
Local newspapers in Kentucky have helped expose environmental regulators' lax treatment of industry. But Kentucky's politicians and agencies aren't shy in revealing whose interests they truly serve either. Photo of downtown Whitesburg, Ky.

Local newspapers in Kentucky have helped expose environmental regulators’ lax treatment of industry. But Kentucky’s politicians and agencies aren’t shy in revealing whose interests they truly serve either. Photo of downtown Whitesburg, Ky.

Earlier this year, former Kentucky state Rep. Keith Hall was convicted of bribing a state mine inspector while the Kentucky Energy and Environment Cabinet looked the other way. It was only after the Lexington Herald-Leader revealed the bribery through an open records request that the FBI began an investigation.

Now, the Louisville Courier-Journal has uncovered a confidentiality agreement between the cabinet and Whitesburg, Ky.-based Childers Oil Company that would have kept secret a proposed lawsuit settlement between the cabinet and the oil company.

As Tom Loftus of the Courier-Journal writes, “The proposed settlement in the case against Childers Oil Co. contained a sweeping confidentiality clause in which cabinet officials agreed to seal the settlement and ‘forever remain silent at all times and places and under all circumstances’ regarding all aspects of the settlement — even the existence of the settlement itself.”

The Courier-Journal, and subsequently the public, only found out about the agreement because a judge was required to reject it since it had not been signed by the cabinet’s lawyer.

The lawsuit stems from a February 2011 incident in which Childers Oil Company, owned by Whitesburg businessman Don Childers, leaked diesel fuel into the North Fork of the Kentucky River. The fuel made it into the city’s water supply, triggering a three-day water advisory. Many residents were not immediately notified of the chemical’s presence in the water supply. Businesses and restaurants were critically impacted by the leak.

As a resident of Whitesburg with a vested interest in seeing my community transition to a sustainable economy independent of the region’s collapsing coal industry, this is especially troubling. This month two restaurants and a moonshine distillery opened their doors in our community. It isn’t hard to see how incidents like the 2011 diesel spill and future water advisories — they occur with frightening regularity here — make it hard for institutions to do business.

But even more importantly is what this says about the agencies that are supposed to be looking out for our health and safety. As my colleague Evan Smith told the Courier-Journal:

“The most important danger that comes from this is not what’s actually in the water, it’s the public perception that you can’t trust what comes out of your pipe and what the government is doing to protect the water. And when you’ve got confidential settlements that look like sweetheart deals, it further erodes the public’s trust in our government’s process and ability for protecting our drinking water.”

This point was driven home at a recent public hearing in Lexington on the proposed Stream Protection Rule. I listened in amazement as state Rep. Jim Gooch decried the rule — which is aimed at cutting down on the amount of mining waste dumped into streams — as pointless and unnecessary because, according to Gooch, “the biggest threat to water quality in eastern Kentucky is straight piping.”

By “straight piping,” Gooch is referring to the act of running a sewage line directly from a house to a creek, rather than a municipal sewage system or septic tank. This is very common in topographically rugged and economically distressed areas like eastern Kentucky.

And Gooch wasn’t the wasn’t the only one blaming Kentuckians for their water quality problems. Multiple politicians at this hearing claimed that the “trash and litter problem” was a greater threat to the region’s streams than industrial pollution.

This isn’t particularly surprising. Misleading rhetoric about the “true threats” to ecological and human health gets peddled every time new regulations threaten the coal industry’s bottom line. What’s truly egregious here is that Jim Gooch is the chair of the House Natural Resources and Environment Committee. His comments display a shocking disconnect from what’s actually going on on the ground in eastern Kentucky.

While it is true that straight piping is a significant threat to water quality in eastern Kentucky, it’s dangerous to assume that phenomena like straight piping and litter, as opposed to diesel spills and mining pollution, are entirely separate issues. Separating them out and assigning them arbitrary prioritization conveniently diverts attention away from the issue at hand. The need to address one problem in no way diminishes the need to address the other.

But these diversion tactics are quite lucrative. A follow-up investigation by the Courier-Journal revealed that Don Childers, a registered Republican, and others affiliated with Childers Oil Co. donated a combined $4,000 to the Kentucky Democratic Party while Gov. Steve Beshear’s administration was negotiating its secret settlement with the company.

Sadly, whether it’s agreeing to secret settlement deals over diesel spills or blaming Kentucky citizens for their water quality problems, these politicians and the agencies they oversee reveal whose interests they truly serve: those of the fossil fuel industry.

The public comment period for the draft Stream Protection Rule ends on Oct. 26. Click here to add your voice.

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Citizen stories counter coal industry deception

Tuesday, September 22nd, 2015 - posted by willie
Citizens sign up to speak at a public hearing on the Stream Protection Rule in Big Stone Gap, Va.

Citizens sign up to speak at a public hearing on the Stream Protection Rule in Big Stone Gap, Va., where clean water advocates argued for stronger protections and coal industry representatives relied on deception to rally against the rule.

In July, the federal Office of Surface Mining Reclamation and Enforcement released a draft of its Stream Protection Rule, a long-awaited regulation aimed at reducing the impacts of mountaintop removal coal mining.

Along with coalfield community members and allied organizations, Appalachian Voices is asking the agency to close loopholes in the rule that state agencies might exploit, allowing coal companies to continue polluting our streams. We are also pushing for clear language in the final rule that states citizens may enforce water quality standards under the Surface Mining Reclamation and Control Act.

TAKE ACTION: Urge the Office of Surface Mining to strengthen the draft Stream Protection Rule.

As part of its rule-making process, OSM held six public hearings across the nation in order to gather comments from stakeholders and impacted residents. Only two hearings were held in the central Appalachian coalfields; one in Big Stone Gap, Va., and another in Charleston, W.Va.

The hearing in Big Stone Gap provides a glimpse into how the whole series of hearings played out. About 250 people were present at the hearing, which took place on the evening of Sept. 15. At 6 p.m., U.S. Rep. Morgan Griffith of Virginia’s 9th district, the first speaker of the evening, approached the podium. Griffith did not address any details of the Stream Protection Rule in his comments, and he provided no tangible evidence of whether or not it would achieve its intended effect. Instead, Griffith seized the opportunity to spout “war on coal” rhetoric and to accuse the rule’s supporters of caring more about mayflies than human beings.

Concluding his comments after five minutes, Rep. Griffith was on his way out of the building when Wise County resident Jane Branham confronted him and asked him to stay and listen to what his constituents had to say. Griffith declined this invitation and left promptly at 6:11 p.m.

Had Rep. Griffith stayed, he would have heard Mary Darcy from Wise who said:

Despite rules and laws, tons of waste are dumped into these waterways regularly. How does this happen? Do the states not enforce clean water regulations? Do our elected representatives turn their backs on the needs of the people with something as critical as water?

Darcy was not the only speaker to call out state agencies for repeatedly failing to enforce regulations. Diana Withen, a local high school biology teacher, implored the OSM to include clear language allowing for citizen monitoring and enforcement, stating, “We know that government budgets are tight and that regulatory agencies are going to continue to face budget cuts in the future. So allowing concerned citizens to help monitor the water quality in our streams makes sense.”

A reconstructed "stream" below a surface mine in Central Appalachia. The Stream Protection Rule is intended to safeguard streams and people by reining in the ravages of mountaintop removal.

A reconstructed “stream” below a surface mine in Central Appalachia. The Stream Protection Rule is intended to safeguard streams and people by reining in the ravages of mountaintop removal.

Countering the many citizens who spoke up for clean water were the numerous coal industry representatives that railed against the rule. But instead of addressing the rule’s content, they expended a great deal of time and energy accusing the Office of Surface Mining and President Obama of deliberately attacking coal mining for political gain.

Scott Barton, a mine superintendent at Murray Energy’s Harrison County Mine in northern West Virginia, argued that the Obama administration “hides behind the myth of global warming to justify it’s job destroying agenda. Everyone in the coal industry knows this is a lie.”

Other pro-industry, anti-regulatory speakers described the rule as a “weapon of mass destruction,” the “nuclear option” and “the last nail in the crucifixion of the coal industry.” Sadly, preference on the part of the industry and politicians for rhetoric over substance was not unique to the Big Stone Gap hearing. Much more of the same could be heard at each of the five other hearings in Charleston, Denver, Lexington Ky., Pittsburgh and St. Louis.

The public comment period for the draft Stream Protection Rule has been extended in response to industry requests and will now remain open until Oct. 26. Click here to add your voice.

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Predictable politics giving way to popular support for POWER+

Tuesday, August 18th, 2015 - posted by brian
Photo of Wise County, Va., by Flickr user biotour 13 licensed under Creative Commons.

The politics surrounding the POWER+ Plan are less important to Appalachian communities than advancing initiatives that will create jobs and alleviate economic hardship. Photo of Wise County, Va., by biotour 13.

UPDATE: As of October 9, a total of at least 16 Appalachian government entities have passed resolutions to support POWER+:

  • Virginia: Wise County; the City of Norton; the towns of Appalachia, Cleveland, Dungannon and Wise; and the Cumberland Plateau Planning District Commission
  • Kentucky: the counties of Pike, Harlan and Letcher; the cities of Benham, Evarts, Vicco and Whitesburg; and the Benham Power Board, Kentucky.
  • Tennessee: Campbell County
  • * * * * *

    The recent growth in local support for a plan to boost Appalachia’s economy has been a bright spot in the region during some of the coal industry’s darkest days.

    In Kentucky, Virginia and Tennessee, cities and counties with long histories of coal mining are advocating for the POWER+ Plan, a federal budget initiative proposed by the White House to build more diverse economies in the communities hardest hit by the regional coal industry’s decline.

    Last week, the Board of Supervisors of Wise County, Va., unanimously approved a resolution supporting the plan, citing the “dramatic economic transition” and job losses the county has experienced. According to the resolution, the county “desires to invest resources to adapt to new economic circumstances” facing the region.

    On the same night, the City Council of Benham, in Harlan County, Ky., passed a supporting resolution. Before Benham came the City of Whitesburg, Ky., and Virginia’s Cumberland Plateau Planning District Commission.

    The Campbell County Commission became the first locality in Tennessee to support POWER+, unanimously passing a resolution yesterday. Also on Monday, members of the Letcher County Fiscal Court voted unanimously in favor of the plan.

    The City Council of Whitesburg, Ky., is among the growing number of localities in central Appalachia that have passed resolutions supporting the POWER+ Plan. Photo by Kentuckians For The Commonwealth.

    The City Council of Whitesburg, Ky., is among the growing number of localities in central Appalachia that have passed resolutions supporting the POWER+ Plan. Photo by Kentuckians For The Commonwealth.

    It was only a few weeks ago that Norton, Va., became the first locality in the nation to pass a resolution in favor of the plan. More endorsements are expected in the days and weeks ahead.

    Appalachian Voices and our allies have been promoting the POWER+ Plan, too. We’re heartened, but not surprised, to hear local perspectives that don’t reflect the tone legislators from Appalachian states often take in D.C.

    After listening to residents speak at the Wise County Board of Supervisors meeting about how the plan could benefit their families and share their hopes for Southwest Virginia’s economy, board member Ron Shortt told the audience, “We’re behind you 100 percent on this. We realize how important it is to Southwest Virginia and Wise County.”

    The implication could be that, so far, Congress doesn’t realize how important it is for the region.

    Since it holds the federal purse strings, Congress must approve funding for elements of the POWER+ Plan. But after months of opportunity to consider the proposal, and some shirking by Appalachian politicians, lawmakers in the House and Senate weakened key provisions of the plan or left them out of the budget altogether.

    We recently covered Congress’s muted response in The Appalachian Voice and pointed to how lawmakers are sticking to their political sides:

    … rather than receiving the POWER+ Plan with enthusiasm, many Appalachian lawmakers’ comments echoed past criticisms of the U.S. Environmental Protection Agency and claims of a war on coal.

    “The administration has instituted sweeping regulations that have destroyed our economy’s very foundation without considering the real-world impacts, and funding alone won’t fix that,” a spokesperson for Sen. Shelley Moore Capito told the Charleston Gazette-Mail. Earlier this year, Capito introduced legislation to prevent the EPA from regulating carbon pollution.

    When asked about the plan, a spokesperson for first-term Rep. Alex Mooney responded to the Gazette-Mail with a simple “No, Representative Mooney does not support the [POWER+] Plan.”

    Mooney has introduced a bill to prevent the U.S. Department of the Interior from finalizing the Stream Protection Rule to reduce the impacts of mountaintop removal coal mining. He has called stopping the rule his “top priority.”

    Rather than investing in workforce training and reemployment programs or reforming the Abandoned Mine Lands Fund to focus more on economic development, as the POWER+ Plan would, congressional opponents of the president remain primarily concerned with undermining protections for Appalachian streams and fighting limits on carbon emissions — policy goals, sure, but nothing close to an economic development plan for the region.

    The counties that stand to benefit most from the plan are some of the poorest in the United States and continue to face layoffs, the impacts of ongoing mining, and pollution from decades-old and poorly reclaimed mine sites.

    Lawmakers representing those counties in Congress, including Rep. Hal Rogers, who chairs the House Appropriations Committee, and Senate Majority Leader Mitch McConnell, are positioned to rally other influential legislators around the plan, but they aren’t.

    Some lawmakers have made statements expressing tacit support. But the resolutions make clear that these localities expect their representatives to do more; some call on members of Congress by name to support funding for economic development in the region.

    The politics surrounding the POWER+ Plan, and attempts to fit it into a “war on coal” framework, are understandably less important to Appalachian communities than advancing initiatives that will create jobs and alleviate the economic hardships they face.

    Many of the communities now urging members of Congress to back the plan have been underrepresented over the years in their demands for a more diverse economy. They deserved to be heard then like they deserve to be heard now.

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U.S. coal giant Alpha Natural Resources files for bankruptcy

Friday, August 7th, 2015 - posted by jamie
Alpha Natural Resources Twilight surface mine complex in Boone County, West Virginia - Photo by Ami Vitale

Alpha Natural Resources’ Twilight surface mine complex in Boone County, W.Va. Photo by Ami Vitale,

Alpha Natural Resources, one of the largest coal mining companies in the United States and a big player in the Appalachian coal market, filed for Chapter 11 bankruptcy on Monday of this week, coincidentally on the day President Obama announced his administration’s final Clean Power Plan.

In the announcement, Alpha blamed “an unprecedented period of distress with increased competition from natural gas, an oversupply in the global coal market, historically low prices due to weaker international and domestic economies, and increasing government regulation that has pushed electric utilities to transition away from coal-fired power plants.”

According to the release, the company does not anticipate closing the business down, but will “seek the necessary immediate relief from the Bankruptcy Court that will allow normal business operations to continue uninterrupted while in Chapter 11, with coal being mined, customer commitments honored, and wages and benefits for Alpha’s affiliated employees paid.”

A Bloomberg Business article notes that Alpha, which employs nearly 8,000 workers at more than 50 underground and surface mines and more than 20 coal preparation facilities in Virginia, Kentucky, West Virginia, Pennsylvania and Wyoming, has accumulated $3.3 billion in debt over the past several years.

The Wall Street Journal reports that Alpha has assets of $10.1 billion, liabilities of $7.1 billion, and is “seeking up to $692 million in bankruptcy financing from senior lenders and secured bondholders to fund its operations.”

United Mine Workers of America responded to the news:

“Today’s Chapter 11 bankruptcy filing by Alpha Natural Resources appears to follow the same script as others we’ve seen this year: pay off the big banks and other Wall Street investors at the expense of workers, retirees and their communities … Alpha needs to understand that while we are willing to discuss ways forward that will be of mutual benefit for the company and for our members, we are also prepared to do whatever we need to do to maintain decent jobs with the pension and health care benefits our retirees were promised and have earned.”

Alpha launched a new website to detail the Chapter 11 process, including contact information and FAQs for employees, customers, retirees and other stakeholders.

Is there an echo in here?

The move brings to mind the financial roller coaster of Patriot Coal, the West Virginia-based company that emerged from its first bankruptcy in 2012 only to file again a scant 3 years later in May of this year. Patriot’s initial 2012 “restructuring” plan was extremely controversial as it involved slashing the healthcare benefits of 1,800 union miners and retirees. Patriot initially won court approval for the cut, but, after significant public scrutiny and outrage, settled with the United Mine Workers of America in 2013 for $400 million to cover the benefits.

And now history seems to be repeating itself. According to an AP story that is quoted on Coal Tattoo (yet mysteriously disappeared from national news outlets, including the Washington Post), just a few weeks ago Patriot asked a judge’s permission to “reject the company’s collective bargaining agreement with union miners and change retirees’ health care benefits …” The United Mine Workers of America filed an objection to the proposed plan, which includes $6.4 million in bonuses paid to management employees.

Just this week, the beleaguered company announced the layoff of 1,081 coal miners, most in West Virginia’s Kanawha County.

Patriot Coal is also the first coal company in Appalachia to announce it would phase out the devastating practice of mountaintop removal coal mining.

“Big Coal’s war on itself”

When examining the financial tribulations of big coal mining companies, industry officials are quick to point the finger at what they have dubbed the “war on coal,” claiming that environmental regulations are the primary culprits causing their fiscal misfortunes. But according to a recent article co-authored by independent financial analyst Andrew Stevenson and NRDC’s Dave Hawkins, coal mining’s economic downturn has more to do with bad investment decisions than anything else.

“The biggest cause of Big Coal’s loss of value is that Big 3 management bet big on a global coal boom and lost big when it went bust,” Stevenson and Hawkins write. Their article goes on to detail the five specific reasons Alpha and other coal companies are on the brink of bankruptcy.

“In sum, bad bets at the top of the market, weak met coal prices, cheap natural gas, and lower power demand due to energy efficiency reduced cumulative forecasted coal revenues for the Big 3 by approximately $21 billion over the past four years. This is a big hit for companies as highly leveraged as Alpha Natural, Arch Coal, and Peabody Energy and the reason why these companies are struggling to stay afloat today.”

As industry officials and coal-friendly politicians — including an outspoken Mitch McConnell (R-Ky.), who notedly said, “I am not going to sit by while the White House takes aim at the lifeblood of our state’s economy” — themselves take aim at the Clean Power Plan, they have yet to acknowledge the most important question on the table: what will happen to residents in Appalachia’s coal country who, because of company bankruptcies, layoffs, revocation of pensions and lack of other job opportunities, remain among the poorest in the nation?

So far, the only offer of assistance to these folks has come from President Obama himself, in the form of the POWER+ Plan to revitalize the region.

“They’ll claim [the Clean Power Plan] is a “war on coal,” to scare up votes — even as they ignore my plan to actually invest in revitalizing coal country, and supporting health care and retirement for coal miners and their families, and retraining those workers for better-paying jobs and healthier jobs,” Obama said on Monday, taking aim at McConnell and his other critics. Communities across America have been losing coal jobs for decades. I want to work with Congress to help them, not to use them as a political football.

Disposing of a Chemical Past

Thursday, August 6th, 2015 - posted by Laura Marion

Kentucky chemical weapons stockpile slated for destruction by 2023

Craig Williams speaks about chemical weapons incineration at a rally. Photo courtesy Kentucky Environmental Foundation.

Craig Williams speaks about chemical weapons incineration at a rally. Photo courtesy Kentucky Environmental Foundation.

By Dan Radmacher

In a series of bunkers on the sprawling 14,500-acre Blue Grass Army Depot near Richmond, Ky., more than 100,000 rockets and projectiles containing more than 500 tons of nerve gas and other chemical weapons from World War II and the Vietnam War era are stored.

If all goes according to plan, those weapons will be destroyed over the next few years in a multi-billion facility in final stages of construction at the depot, finishing out a decades-long project that began when the United States joined the 1993 Chemical Weapons Convention.

The aging rockets and projectiles at the Blue Grass Army Depot are stacked in concrete igloos which have deteriorated over the years; about a third of them are covered with green plastic sheeting to keep out rain.

Low-level chemical leaks from the weapons have occurred over the past 10 years, including emissions of Sarin and mustard gas. Yet Army officials stress that no major leaks have escaped the igloos or threatened the surrounding community of Madison County, a fast-growing area of 85,000 residents.

The depot in Kentucky and Pueblo Chemical Depot in Colorado hold the country’s last remaining stockpiles of chemical weapons from the early-to-mid-20th century. The process to destroy them has taken much longer and cost much more than anticipated, largely because of wide-scale opposition to the original planned disposal method. The original budget for the the entire project was around $2 billion; the final cost will surpass $40 billion. Destruction of the Pueblo stockpile began in May.

When the United States first agreed to destroy its stockpile of chemical weapons in the 1980s, the Pentagon planned to incinerate most of it — including those stored at the Kentucky depot, much of which has been stored there since the 1940s.

That didn’t sit well with a lot of residents near the stockpiles, including Craig Williams, a Vietnam veteran and winner of the 2006 Goldman Environmental Prize for grassroots activism.

From the moment the Army publicly announced plans for an incinerator at Blue Grass in 1984, Williams and others lobbied for a more controlled and safer method of disposal. In 1992, the Chemical Weapons Working Group, part of the Kentucky Environmental Foundation that Williams helped found, released a report that described a dozen potential approaches that didn’t involve incineration.

“We took that report to the Army and to Congress and state regulators and to anyone else who would entertain the idea of listening,” says Williams. “We finally convinced Congress that there were viable options the Pentagon refused to research directly.”

According to Paul Walker, a former staff member of the U.S. House of Representatives Armed Services Committee, “The chemical weapons demilitarization process has shown that we can treat highly toxic and dangerous waste in a way that can be a win-win for everybody. We don’t have to push toxic remnants of war into the environment.”

Walker, who witnessed and helped guide the congressional response to the controversy in the early ‘90s, remained involved in the disposal process as head of the Security and Sustainability Program at Global Green USA, the U.S. national affiliate of Green Cross International, a nonprofit organization started by former Soviet Union president Mikhail Gorbachev.

“We are in the final few yards of eliminating an entire class of weapons of mass destruction,” Walker says.

The contentious political fight between Congress, local communities and the Pentagon, in the end, made for a better process, Walker says, and recognition that protecting the public health and the environment ultimately trumped cost or treaty deadlines.

At the Blue Grass facility, the Army settled on a method that breaks down the chemical bonds in the agents that make them lethal, a process that can be better controlled than incineration.

A view of the Blue Grass Chemical Agent-Destruction Pilot Plant. Photo courtesy Blue Grass Chemical Stockpile Outreach Office

A view of the Blue Grass Chemical Agent-Destruction Pilot Plant. Photo courtesy Blue Grass Chemical Stockpile Outreach Office

Changes have taken place as the disposal facility has been designed and built. In one instance, the contractor recently suggested eliminating a step that involved rinsing rockets after they are disassembled to remove any remaining chemical agent, a process that could have created problems since water reacts with some of the agents, creating an acidic and corrosive material that could have compromised internal piping systems. According to Williams, the contractor developed an alternative method involving a thermal oxidizer and huge banks of carbon filters, along with a sophisticated detection and alarm system, which should safely neutralize any dangerous residue left on the rockets.

“Nothing’s perfect,” Williams says, “But our confidence is extremely high in the technology and the engineering of the facility. The risk mitigation efforts that have been taken will ensure that any issue or incident is minor compared to what it could have been with an incinerator.”

Walker hopes the lessons learned over the last 20 years of dealing with chemical weapons stockpiles will help the nation and world deal with other toxic legacies of war — like the chemical and conventional weapons dumped at various locations in the oceans.

“Most weapons were built to be used, not disposed of,” Walker says. “But historically, we never fire about 90 percent of the weapons we build. I’m not sure we’ll ever understand the public health impact of it all.”

NerveBanner (1)


How a Small Kentucky Town Led the Fight to Safely Dismantle the World’s Chemical Weapons

The Kentucky Environmental Foundation is creating a documentary about the community’s successful effort to stop the incineration of toxic nerve gas and other chemical weapons. Watch the trailer at

Kentucky Flood Kills 4, Destroys 120 Homes

Thursday, July 30th, 2015 - posted by Laura Marion

By Laura Marion

On July 13, an Ohio Valley flood devastated parts of southern Indiana and eastern Kentucky. Among the four known casualties was Scott Johnson, a Johnson County resident who reportedly saved several residents before he was lost in the flood.

An estimated 120 homes were destroyed. Kentucky Gov. Steve Beshear declared a state of emergency, which will make state funds and resources available to those affected by this flooding.

Cash donations are being accepted at:

Johnson County Long-Term Recovery Committee,
c/o Johnson County Fiscal Court,
P.O. Box 868,
Paintsville, KY, 41240

Fracking Investigations Stir Questions, Fines

Thursday, July 30th, 2015 - posted by Laura Marion

By Eliza Laubach

A test well drilled in North Carolina by state scientists this spring has suggested there may be natural gas beneath the Walnut Tree community, a majority African-American neighborhood that shares groundwater with the largest coal ash pond in the state. Laboratory analysis, yet to be funded, will determine the nature of the deposit and guide speculation for hydraulic fracturing in the region.

Oil and gas test wells in eastern Kentucky have increased speculation into whether the Rogersville shale is profitable to frack. Considering the link between fracking and earthquakes, scientists with the Kentucky Geological Survey are establishing baseline data by burying sensitive seismic activity monitoring devices this summer.

In Morgantown, W. Va., atop the Marcellus shale, a university fracking site will provide a long-term study of the light, noise, air and water pollution these sites emit. One of the drilling sites is dangerously close to the city’s water intake on the Monongahela River, environmental groups say.

Range Resources faces an $8.9 million fine for contaminating groundwater with methane near a fracking rig in Pennsylvania. This record fine, being challenged by the company, comes after a two-year dispute over this well with the state.

A moment of truth for Kentucky’s coal regulators

Thursday, July 30th, 2015 - posted by Tarence Ray
A striking case of corruption related to mine inspections in Kentucky led to the recent criminal conviction of former Democratic state representative Keith Hall. But questions remain about how deep the conspiracy goes.

A striking case of corruption related to mine inspections in Kentucky led to the recent criminal conviction of former Democratic state representative Keith Hall. But questions remain about how deep the conspiracy goes. Photo from LRC (Ky.) Public Information.

In June 2013, mine operator and Kentucky state representative Keith Hall went to the Kentucky Energy and Environment Cabinet with a complaint.

Kelly Shortridge, a mine inspector with the Division of Mine Enforcement and Reclamation in Pikeville, had been soliciting Hall for bribes to ignore violations on Hall’s Pike County surface mines.

Hall told two cabinet officials that he had already paid Shortridge “a small fortune,” and that the mine inspector “liked the Benjamins.” A report was drawn up, forwarded to the cabinet’s investigator general and Secretary Len Peters, and went nowhere.

The FBI began investigating the matter when the Lexington Herald-Leader published Hall’s complaint report through an open records request. In June, Hall was found guilty of bribing Shortridge to ignore Hall’s safety and environmental violations.

During the trial, the bureau submitted evidence that strongly suggests Keith Hall was not the only operator paying Kelly Shortridge. Shortridge himself has admitted to taking bribes from other Pike County operators.

So how deep does the conspiracy go? That’s the question many are asking in the wake of Hall’s trial. The Herald-Leader published a recent editorial that pointed out the familiar territory here:

This is not the first time questions have arisen about the Pikeville office of the Division of Mine Reclamation and Enforcement where Shortridge, an inspector for 24 years, worked.

Other Pikeville-based inspectors allowed a surface mine (not owned by Hall) to operate without a permit for 18 months, until July 2010, when rain dislodged the unreclaimed mountain and flooded out about 80 families. One of the inspectors retired a month later.

Remember, too, that the division went years without penalizing coal companies for filing bogus water pollution reports by copying and pasting the same data, month after month.

This falsified water pollution data was only discovered after a coalition of environmental and citizen groups including Appalachian Voices discovered water monitoring reports that the department had neglected to review for over three years. The fact that the FBI had to find out about Hall’s allegations by reading the newspaper – and not through the cabinet itself – reveals a similar pattern of negligence.

How committed is the cabinet to enforcing Kentucky’s environmental and safety regulations around mining? The answer may lie in the phenomenally small salary that the state was paying Shortridge at the time of his 2014 resignation: $45,160 a year.

This may seem like an insignificant detail, but it speaks volumes about how our regulatory systems function, what they prioritize, and what motivates the individuals who operate within them. Shortridge was using his small salary, in addition to the bribes he was taking from Hall and others, to pay for his wife’s medical bills. It’s impossible to speculate about his personal character, but it does seem clear that he was responding to a specific set of material conditions in a way that most individuals on that kind of salary – and in that kind of position – very likely would.

Without much incentive to enforce existing regulations, and knowing that it pays more to cozy up to the industry than to fight it, we really must ask: how many other Kelly Shortridges are out there? This doesn’t seem like an unreasonable question to ask of a regulatory system that, at best, lacks the political capital and material resources to enforce violations, and, at worst, is overseen by the very mine operators it’s supposed to be regulating. (Before being voted out of office in 2014, Keith Hall was the vice chairman of the House Natural Resources Committee.)

Finally, Keith Hall’s remark that Kelly Shortridge “liked the Benjamins” – an incredibly condescending statement from a man who once appropriated his own county’s coal severance tax to the benefit of one of his companies – is revelatory. It hints that there are boundaries to what is and what isn’t acceptable within relationships between the coal industry and the state: Shortridge was getting ambitious; his greed was somehow different than Hall’s. Keep in mind that this was confessed to two cabinet officials, mob-style, as if Shortridge was breaking a set of established rules. Hall needed Shortridge until he didn’t, and then sold him down the river when he became an annoyance.

Now that they’re both paying for breaking the rules, will Governor Steve Beshear’s administration adequately investigate further possible corruption? It unfortunately doesn’t look likely.

As the Herald-Leader editorial notes, “This should be a moment of truth, but history tells us not to expect an aggressive self-examination of the state agency’s love affair with the coal industry.”

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Interior Department Issues Draft Stream Protection Rule

Thursday, July 16th, 2015 - posted by brian

Contact: Cat McCue, Communications Director, 434-293-6373,

Today, the U.S. Department of the Interior issued a long-awaited draft of the Stream Protection Rule, which the agency has been working on since 2010. The purpose of the rule is to prevent or minimize the impacts of surface coal mining on surface water and groundwater. The agency’s Draft Environmental Impact Statement to accompany the draft rule includes several alternative options, some of which include sections that are stronger than the agency’s preferred alternative.

The following is a statement from Thom Kay, Appalachian Voices’ Legislative Associate.

“The people of Central Appalachia have waited a long time for robust federal action to protect their streams and communities from the damages of surface coal mining. At first glance, the draft appears to improve some drastically outdated provisions of an ineffective rule. But it’s not worth cheering for the rule as long as it allows companies to continue dumping their mining waste in our streams.

“Despite the regional coal industry’s decline, existing surface mines have been expanding closer and closer to homes, continuing to put the health of local communities at risk.

“We will continue working with citizens to ensure the agency’s final rule presents the strongest possible protections.

“When finalized, this rule will largely define President Obama’s legacy on the ongoing tragedy of mountaintop removal coal mining.”

>> Read our blog post from yesterday: How much progress are we making on ending mountaintop removal?
>> Read a brief overview of the Stream Protection Rule.
>> OSM’s press release about the rule with further links.

How much progress are we making on ending mountaintop removal?

Wednesday, July 15th, 2015 - posted by Erin
Last week, the U.S. Energy Information Administration pointed to a steep decline in coal produced by mountaintop removal mining. But much more work is needed to truly end destructive mining practices in Central Appalachia.

Last week, the U.S. Energy Information Administration pointed to a steep decline in coal produced by mountaintop removal mining. But much more work is needed to truly end destructive mining practices in Central Appalachia.

Last week, the U.S. Energy Information Administration reported that surface coal production nationwide decreased about 21 percent between 2008 and 2014, while production from surface mines that include mountaintop removal mining in three central Appalachian states had decreased 62 percent.

At first, this seems like a huge win in the fight against mountaintop removal mining, a practice that is devastating to community health and the environment, and yields few jobs compared to traditional mining practices. While it is a step in the right direction, declining production is not a sufficient measure of the ongoing human and environmental impacts of mountaintop removal.

Closer examination of the data calls into question the adequacy of the legal definition of “mountaintop removal” and, more importantly, demonstrates that much more work is needed to truly end destructive mining practices in Central Appalachia.

First, let’s look at the numbers reported by the EIA. The post, published on the agency’s Today In Energy blog, opens by saying, “Coal production from mines with mountaintop removal (MTR) permits has declined since 2008, more than the downward trend in total U.S. coal production.” While this is true, comparing the decline in mountaintop removal production to the decline in nationwide surface production (62 and 21 percent, respectively) gives the false impression that mountaintop removal, in particular, is on its way out. However, when you compare the decline in mountaintop removal production to the decline in surface mine production only for Central Appalachia, the picture looks much different: surface mine production in Central Appalachia has declined by 55 percent from 2008 to 2014.

With this new information, it becomes apparent that mountaintop removal production has not declined much more than surface mining on the whole in Central Appalachia. Given the similarity, we can attribute the decline in mountaintop removal largely to the same market forces that are leading to a decline in all coal mining in Central Appalachia.

The EIA report also relies on the Surface Mine Control and Reclamation Act’s (SMCRA) narrow definition of what constitutes mountaintop removal mining — essentially, a surface mine “running through the upper fraction of a mountain, ridge, or hill” that is exempt from returning the land to “approximate original contour” because the new land use is intended to be of equal or better economic or public value. The problem with this definition of mountaintop removal is that many Central Appalachian surface mines that cross ridgelines and employ many of the same problematic practices — large-scale blasting, mining through streams, and valley filling — are not, under SMCRA’s narrow definition, considered mountaintop removal mines.

The reality on the ground is that the rugged terrain of Central Appalachia makes it difficult to conduct any large-scale surface mine without mining across a ridgeline. Take for example the recently permitted Jim Justice-owned surface mine in McDowell County, W.Va. The Big Creek Surface Mine certainly cross multiple ridgelines and will construct a valley fill within half a mile of a Head Start preschool, yet this mine is not considered a mountaintop removal mine by either the federal government or the state of West Virginia. Furthermore, the valley fill does not require a 404 permit under the Clean Water Act, as it is not being constructed in public waters of the United States.

These facts mean there is little the local community, largely unsupportive of the mine, can do to stop it. Additionally, reclamation of the site requires that the company return the land to its “approximate original contour.” That phrase has never been clearly defined, however, so the land will be returned to a much lower elevation, lacking the fully functioning forest and ecosystems present before mining.

Another issue is that measuring mountaintop removal only by production and permit designation does not lead to a full accounting of the destruction done to the land as a whole.

Back in April, Appalachian Voices undertook a mapping analysis to look at how surface mines are impacting local communities. We had noticed that, even though mining is declining in the region, we are still regularly contacted by impacted residents. So we set out to determine if surface mining was moving closer to communities, and through our Communities at Risk project, we confirmed that mines are in fact encroaching even more on local residents.

A view of the Communities at Risk mapping tool. Click to explore the map on

A view of the Communities at Risk mapping tool. Click to explore the map on

To complete this analysis, we identified surface mines across the region using satellite imagery and other data to differentiate between mining and non-mining areas. We excluded areas less than 25,000 square meters. This left us with a map layer of large surface mines, including mountaintop removal mines (whether designated as such by any government agencies, or not), across the region.

This data set is useful not only for our Communities at Risk tool, but also for other analysis on the trends in surface mining in Central Appalachia over time. Using this map, we determined the current amount of land disturbance due to mining — basically any area that is barren due to active mining, recently idled or abandoned mines, or mines not yet reclaimed — has declined from 148,000 acres in 2008 to 89,000 acres in 2014.

Unfortunately, we can’t directly compare yearly production numbers to the number of acres disturbed to yield that production. Land within a surface mine is constantly being shifted, blown up, backfilled, and regraded. Basically, not all barren areas are actively producing coal at any given time. Many areas stay barren for years, while other areas of the mine are producing coal (despite legal requirements for contemporaneous reclamation).

The comparison we can make is that the amount of currently barren land is not falling as fast as production numbers. The extent of surface mined area (whether active, idled, or just unreclaimed) has declined about 40 percent, while production from Central Appalachian surface mines has declined 55 percent.

Essentially, we have more unreclaimed land in 2014, per ton of coal produced in 2014, than in previous years. This is likely due to a number of factors:

  • As thinner, deeper seams are mined, more land must be disturbed per ton of production;
  • Recently, mines have been idled, or even bond-forfeited due to market pressures; and
  • Reclamation is a slow and expensive process.

Mathew Louis-Rosenburg, a West Virginia resident, sums up the problem of only considering the EIA numbers without on-the-ground context:

“On the ground, we measure [mountaintop removal] in acres lost, in water contaminated, communities harmed. The steep decline in surface mine productivity means that a lot more land is being disturbed to get that smaller tonnage and idled mines still contaminate water at a similar rate to active ones. The battle here is far from over and stories like this just lead more and more resources and support to leave the region because people from elsewhere think that we have won already.”

It is beyond time for the Obama administration to take action to end destructive surface mining across Central Appalachia. We are hopeful that a strong Stream Protection Rule will go a long way toward protecting the streams and the people of the region. The Appalachian Community Health Emergency Act (H.R. 912) could also go a long way in protecting communities from health impacts confirmed by mounting scientific evidence.

Unfortunately, the likelihood of success on either of these actions decreases every time misleading evidence suggests this problem has gone away. You can help prevent this by telling the Obama administration to end mountaintop removal and by keeping this conversation going among a national audience. We owe that to the people of Central Appalachia.