Posts Tagged ‘Mountaintop Removal’

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The People’s Climate March: Hope makes a comeback

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

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

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

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

See more photos from the march.

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

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

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

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

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

Click here to submit your comment supporting the EPA’s efforts to act on climate.

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

Thursday, September 25th, 2014 - posted by kate

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

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

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

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

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

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

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

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

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

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

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

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

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

Successful Rally at the White House Council on Environmental Quality

Monday, September 15th, 2014 - posted by guestbloggers

{ Editor’s Note }This post about last week’s “Our Water, Our Future” rally in Washington, D.C. is by Dana Kuhnline, media coordinator for The Alliance for Appalachia, originally appeared on the Alliance’s website.

Dana Kuhnline

Dana Kuhnline

Last week, dozens of residents from Appalachia and allies from across the country rallied at the White House Council on Environmental Quality (CEQ) to pressure the Obama administration to protect Appalachia’s water and future from coal pollution. Those wishing to contact the CEQ to support residents can take action here.

The CEQ oversees the U.S. Environmental Protection Agency, the Office of Surface Mining and other agencies that are responsible for protecting Appalachian residents from the severe water and health impacts of mountaintop removal and other dangerous coal practices.

Unfortunately, Appalachian leaders who met with the agencies were disappointed with the attitude the administration showed toward concerned citizens that traveled many hours to D.C. for the visit. The agency representatives asked for more time to work on the issue of mountaintop removal, but mountain leaders have been waiting five years since an Obama administration Memorandum of Understanding that promised action against the destructive practice as well as reinvestment in the economy of the region.

The tragic and unbelievable series of toxic spills in Appalachia in 2014 — from the chemical spill that impacted more than 300,0000 people in West Virginia, to the slurry and coal ash spills in West Virginia, Virginia and North Carolina — are just the most recent disasters to showing the failures of the Obama administration to follow through on its promises to protect Appalachian communities. More than 500 mountains have been destroyed by mountaintop removal coal mining and the region is ready for a just transition to a economy beyond this destructive practice.

The next day, residents engaged in a sit-in on the front steps of the CEQ and waited several hours for an agency representative to come out to speak with them — eventually even hosting a square dance with a live band playing traditional Appalachian music in front of the CEQ. In addition, residents organized a bucket brigade to collect clean water from D.C. to bring back home to their communities that do not have access to safe water to drink.

When no representative from CEQ agreed to meet with residents after several hours of waiting, residents placed a report card on the steps that evaluated the progress so far of the Obama administration on important areas such as protecting the health and water of Appalachia. Participants in the rally gave the administration a grade of “incomplete.”

Appalachian citizens rally in front of the White House for "Our Water, Our Future."

Appalachian citizens rally in front of the White House for “Our Water, Our Future.”

To tell the truth

Friday, August 22nd, 2014 - posted by tom
AV's Director of Programs Matt Wasson testifies before Congress

Appalachian Voice’s Director of Programs Matt Wasson testifies before Congress about the burden of mountaintop removal coal mining on Appalachian communities

Last month, our Director of Programs Matt Wasson got the chance to tell a rapt audience in Washington, D.C., that the emperor has no clothes. The audience was the U.S. House Energy and Commerce subcommittee on Environment and the Economy, the reporters in the room, and anyone who happened to be watching on CSPAN.

The majority members of the committee had called the hearing in an attempt to portray federal environmental protections as overly burdensome and to trumpet state efforts to “streamline” them. As Matt described in his testimony, however, the facts for the people living in the Appalachian counties most heavily impacted by mountaintop removal coal mining under the ostensibly watchful eye of state agencies are these:

  • They are 50% more likely to die from cancer than others in Appalachia
  • Their children are 42% more likely to be born with birth defects
  • They have a life expectancy far below the national average and comparable to those in El Salvador and Vietnam.

Rep. Henry Waxman of California, picking up on Matt’s revelations, noted the similarly atrocious handling by North Carolina officials — in the absence of any federal rules on coal ash — of the catastrophic Duke Energy coal ash spill in February. In the end, the hearing turned into an indictment of the fallacy that states can be counted on to defend their citizens against the profit-driven vagaries of the coal industry and energy giants like Duke.

And while Matt had a rare opportunity to provide a reality check in the ceremonial milieu of a congressional hearing room, it’s the people living in places like Wise County, Va., Pike County, Ky., and Stokes County, N.C. (the site of Duke’s largest coal ash pond), who know this reality better than anyone. It’s their voices, their courage and their persistence — in combination with technical experts like Matt speaking truth to power — that will ultimately bring about real change in their communities.

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

Thursday, August 21st, 2014 - posted by guestbloggers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It’s still happening …

Friday, August 15th, 2014 - posted by thom
Click to enlarge. Photo by Lynn Willis; Flight by Southwings

Click to enlarge. Photo by Lynn Willis; Flight by Southwings

Surface coal mining has been going on in Appalachia for a long time. If you live in the part of central Appalachia that produces coal, it probably feels like it’s been going on forever. The regulations have been modified a few times, the markets have had their ups and downs, and some of the names of the coal companies are different than they used to be.

Aside from that, not much has changed.

In 2009, there was a great deal of excitement about early conversations with Obama administration officials. The previous eight years had been a nightmare for Appalachian community groups fighting against mountaintop removal coal mining. Finally, there were people in the Environmental Protection Agency and Department of Interior who seemed eager to hear from communities and make some real changes. Yet, five years later, mountaintop removal coal mining is still happening in Appalachia.

A few weeks ago, Southwings took my colleague Amy Adams and photographer Lynn Willis on a flight over mountaintop removal sites in West Virginia. The images are hard to look at, not because they show anything new, but precisely because they are more of the same. Mountains continue to be deforested, blasted apart, and dumped into nearby valleys and streams.

I always find it interesting to hear from folks in our movement describe what it was that motivated them to become active in fighting against mountaintop removal mining. There are all sort of answers, including: “It was happening in my backyard,” and “I heard a presentation from impacted Appalachian residents.” For me, it was a mix of things, starting with meeting some residents of eastern Kentucky.

This image, however, is what made it all click in my mind.
5000sq miles of WV

That’s a Google Earth satellite image of approximately 5,000 square miles of central Appalachia (roughly the size of Connecticut). Notice those grey splotches. Those pock marks. Those coal tattoos. Each of those giant marks on the earth is a mountaintop removal coal mine.

The scale and pervasiveness of the destruction is almost impossible to comprehend. The satellite image is evidence of an ongoing crime against nature that regulators and policy makers are astonishingly allowing to continue.

Understanding the extent of the mining is an important step to understanding the connection between mining pollution and the Appalachian health crisis occurring across 50 counties. Blowing up more than 500 mountains, burying more than 2,000 miles of streams, and desecrating over 1 million acres of land cannot be done without polluting the air and water necessary to human health. That’s why there’s a close link between mountaintop removal mining and elevated rates of cancer, heart disease, respiratory illnesses, and birth defects throughout the entire region.

Yet, mountaintop removal is still happening.

Appalachians are not going to give up, and neither is Appalachian Voices. Federal agencies can still take major steps to ending mountaintop removal, and we all need to do what we can to make sure they do.

>> Learn more about mountaintop removal mining.

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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Court Favors EPA on Mountaintop Removal

Sunday, August 10th, 2014 - posted by Amber Ellis

By Brian Sewell

A federal appeals court ruled unanimously in July that the U.S. Environmental Protection Agency has the authority to coordinate with other federal agencies during the mountaintop removal permitting process.

In 2009, the EPA and the U.S. Army Corps of Engineers began coordinating their review of permits associated with large-scale mountaintop removal coal mining. Environmental groups say the process has led to greater scrutiny of the environmental impacts of valley fill permits, which allow coal companies to dump mining waste into adjacent valleys, burying headwater streams. But the enhanced permitting process was challenged by the coal industry and several coal-producing states.

The court also ruled that the EPA’s guidance on conductivity, an important water quality indicator, is not a final rule and therefore is not subject to legal challenge from the coal industry.