Posts Tagged ‘Mountaintop Removal’

Video Shows Rare View of Mountaintop Removal Mining

Wednesday, May 27th, 2015 - posted by cat

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

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

View the video here (4:30).

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

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

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

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

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Reflections from the second SOAR Summit

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Appalachian Crayfish: Canaries in a Coal Mine

Tuesday, May 5th, 2015 - posted by Dac Collins

By Dac Collins

The U.S. Fish and Wildlife Service is proposing that two species native to Appalachia — The Big Sandy crayfish (pictured) and Guyandotte River crayfish — be listed as endangered under federal law after determining the species are in danger of extinction “primarily due to the threats of land-disturbing activities” such as mountaintop removal coal mining. Photo by Zachary Loughman, West Liberty University on Flickr

If you find yourself at a crawfish boil anytime soon, don’t be afraid to go back for seconds. The two species that are sold commercially — red swamp and white river crayfish — are prolific. They can be found in the wild throughout the South and are especially abundant in Louisiana, where they are also farm-raised in ponds.

But here in Appalachia, some of our native crayfish populations are teetering on the brink of extinction, according to a recent report issued by the U.S. Fish and Wildlife Service. Whether or not they are pushed past the point of no return depends largely on the outcome of a recent proposal by the agency to add them to the federal list of endangered species.

Like most creek-dwelling crawdads, the two species in question — the Big Sandy crayfish, which are native to the Big Sandy River basin in Virginia, West Virginia and Kentucky, and the Guyandotte River crayfish, a closely related subspecies found in West Virginia — spend a majority of their lives wedged into the crevices of the creek bottom. These nooks and crannies shelter the crayfish from predators and serve as places to lie dormant during the winter months. But when these rocky creek beds are covered up in sediment, the habitat that these creatures depend on to survive is lost entirely.

This is precisely what is occurring in the Big Sandy and Guyandotte River drainages of West Virginia. The sedimentation has become so severe in recent years that the Guyandotte crayfish population has retreated to the mid-reaches of a single stream, Pinnacle Creek, in Wyoming County.

If the crayfish disappear completely, the ecology of these creeks could change drastically. The freshwater crustaceans are a primary food source for many of the native fish species, including smallmouth bass and trout, which also happen to be the two most sought after sport fish here in Appalachia. Take away the food source and these creeks might eventually be fishless.

The cause of siltation is obvious when you look at where these creeks are located. There are 192 active coal mines in the area, many of which are mountaintop removal mines that are dumping their waste into the headwaters of streams, effectively burying them. And that’s just standard operating procedure. If an accident occurs, a toxic slurry of silt and chemicals spills into the creeks that feed the rivers that run into the reservoirs we drink out of, wreaking havoc on species like crayfish along the way.

The Fish and Wildlife Service specifically mentioned mountaintop removal coal mining in its report on the two crayfish species. The agency determined that, “the Big Sandy crayfish and Guyandotte River crayfish are in danger of extinction, primarily due to the threats of land-disturbing activities that increase erosion and sedimentation, which degrades the stream habitat required by both species,” and that, “an immediate threat to the continued existence of the Guyandotte River crayfish is several active and inactive surface coal mines, including MTR mines, in the mid and upper reaches of the Pinnacle Creek watershed.”

The FWS report also called attention to impaired water-quality — especially hazardous concentrations of sulfate and aluminum — in areas where most of the mines are closed, proving that “the detrimental effects of coal mining often continue long after active mining ceases.”

The proposed endangered species listing could have considerable impacts on the coal mining industry. If the Big Sandy and Guyandotte crayfish are protected under the Endangered Species Act, it would lead to more strictly enforced water quality regulations, which could affect ongoing mining operations in the Big Sandy and Guyandotte River basins as well as coal companies seeking permits to mine in the area.

The Fish and Wildlife Service is accepting public comments on this proposal until May 16. Click here to take action and ask the Fish and Wildlife Service to protect these two Appalachian species.

Appalachian communities at growing risk from mountaintop removal

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

New Map Tracks Growing Threat of Mountaintop Removal

Tuesday, April 28th, 2015 - posted by cat

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

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

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

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

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

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

Other key findings include:

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

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

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

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

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

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

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

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

Mountain protectors try again in N.C.

Friday, April 10th, 2015 - posted by sarah
Photo by Dot Griffith

Photo by Dot Griffith

North Carolina Rep. Pricey Harrison introduced a bill today to phase out North Carolina’s use of mountaintop removal coal. Though the bill is currently untitled, its language mirrors a bill that was introduced in 2007 and 2009 called the “Appalachian Mountains Preservation Act.”

In 2009, Appalachian Voices helped Rep. Harrison launch the bill in Raleigh. The legislation received bipartisan support, and 75 legislators signed onto a letter calling for an end to North Carolina’s use of mountaintop removal coal.

The bill (HB619) acknowledges the extensive cultural and natural value of the Appalachian mountains, and that “coal mining, whether conducted on the earth’s surface or underground, poses significant risks to human health, local communities, the environment, real property, personal property, and wildlife resources.”

North Carolina is still the number one user of mountaintop removal mined coal in the country, with nearly half of its coal coming from mountaintop removal mining operations.

The bill, which requires North Carolina utilities to stop purchasing coal from mountaintop removal sites, is a proactive approach to ending the incredibly destructive mining practice. It would also place a moratorium on building new coal-fired power plants in the state, “to provide economic relief to utility ratepayers during this period of economic recovery,” unless the plant is carbon neutral.

priceyIf you like this idea, please take a minute to write a quick letter-to-the-editor for your local paper and say so. We’ll need a loud chorus of voices supporting the bill.

You can also take a moment to help North Carolina make the switch from coal to clean energy — tell your legislators to support the Energy Freedom Act which would allow independent companies to generate solar electricity and sell it directly to consumers.

Updated 04-17-2015

Going to court for clean water

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

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

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

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

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

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

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

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

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

Read past posts about our clean water lawsuits in Kentucky.

Groups Sue Kentucky Mining Company

Friday, March 13th, 2015 - posted by cat

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

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

>> The lawsuit is available here.(pdf)

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

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

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

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

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

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

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

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

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

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

Déjà vu in Kentucky clean water cases

Monday, February 23rd, 2015 - posted by eric

frasure_creek

Appalachian Voices and our partners have filed a motion to intervene in a case between the Kentucky Energy and Environment Cabinet and Frasure Creek Mining to ensure clean water laws are being enforced in Kentucky.

Late last year we filed a 60-day Notice of Intent to Sue against Frasure Creek after we uncovered thousands of false water monitoring reports the company turned into the state.

The Kentucky cabinet was unaware of these false submissions and responded by filing an administrative complaint against Frasure Creek covering all of the false data we found, a common tactic for state agencies to prevent citizen involvement in this type of case. Now, we are filing a motion to become parties to the cabinet’s enforcement action.

To anyone following our lawsuits against Frasure Creek, these recent developments will sound familiar. This isn’t the first time we’ve caught the company turning in false water monitoring reports. Frasure Creek was one of three Kentucky coal companies we filed legal actions against in 2010 and 2011 for submitting falsified pollution reports that were concealing water quality violations.

In all of those cases the cabinet stepped in with slap-on-the-wrist settlements, compelling us to intervene in cases where we had brought the violations to light. The only difference in this case is that Frasure Creek and the cabinet have yet to reach a settlement, so we haven’t seen how lax the enforcement will be this time around.

Both of the cabinet’s previous settlements with Frasure Creek were thrown out by Franklin Circuit Court Judge Phillip Shepherd last December. In a scathing opinion, Shepherd stated that when “one company so systematically subverts the requirements of law, it not only jeopardizes environmental protection on the affected permits, it creates a regulatory climate in which the Cabinet sends the message that cheating pays.”

Judge Shepherd’s rulings are being appealed by the cabinet (think about that, the state agency, not Frasure Creek, is asking for an appeal). But we are hoping that this time around the cabinet will take us seriously, and won’t reach a weak settlement or resort to legal run-arounds to prevent citizen involvement. After all aren’t our state agencies supposed to be accountable to the people, not to the corporations they are supposed to regulate?

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

Read past posts about our clean water lawsuits in Kentucky. Subscribe to the Front Porch Blog to receive regular updates.

Obama budget creates opportunities for Appalachian communities

Tuesday, February 3rd, 2015 - posted by brian
The Obama administration's budget includes several proposals that would create economic opportunities in central Appalachian communities struggling to weather coal's decline.

The Obama administration’s budget includes several proposals that would create economic opportunities in central Appalachian communities struggling to weather coal’s decline.

Central Appalachian communities weathering coal’s long decline would see a boost in funding under the White House budget released on Monday.

The Obama administration’s 2016 budget calls for hundreds of millions of dollars in federal funds to be spent cleaning up abandoned strip mines, and to support economic development and workforce training in mining communities facing massive layoffs as coal is increasingly outcompeted in America’s energy mix. More than 13,000 coal jobs have been lost in central Appalachia since 2011.

One of the most significant proposals included in the budget is for an additional $200 million per year over the next five years for the federal Abandoned Mine Lands program to restore dangerous unreclaimed mines. According to the U.S. Office of Surface Mining Reclamation and Enforcement, which administers the program, additional funds would assist communities most severely impacted by coal “in a manner that facilitates economic revitalization on reclaimed lands and restored waterways.”

The program is funded through a combination of a per-ton tax on coal production and discretionary spending, but has consistently fallen short of its goals. More than $3 billion worth of high-priority sites remain unreclaimed — most of which are in central Appalachia. The Kentucky Division of Abandoned Mine Lands, for instance, lists $445 million worth of unfunded projects. Groups working in the region have called on the administration to reimagine the way funds are distributed through the program by coupling workforce development and environmental restoration.

Other funding increases called for in the president’s budget include $20 million for the Labor Department’s Dislocated Workers program to provide employment services and job training specifically for laid-off coal miners and power plant employees to help them transition to jobs in other fields. The Appalachian Regional Commission would see its $70 million budget grow by roughly one-third, with $25 million in new funding directed to communities “most impacted by coal economic transition” to support a range of economic development initiatives.

The need for job creation and economic diversification in Appalachia could not be clearer. As Congress debates the president’s budget and puts forward its own proposals in the coming months, we hope they will carefully consider ways to build a truly sustainable economy in the region.

A statement from Appalachian Voices Legislative Associate Thom Kay:

There’s a great deal the president must do to help build a robust clean energy economy and ensure that disproportionately impacted areas like Appalachia are not left behind. The Obama administration’s proposed budget shows that the White House understands the need for economic diversification in Appalachia. It shows that the calls of Appalachian communities for new opportunities have been heard.

Proposals are not actions, however, and the proposed budget may never become law. The good news is that not every action to diversify the Appalachian economy requires changes to the federal budget. We will continue to use every tool available to urge the White House to commit to turning the proposals in this budget into realities, regardless of the actions of Congress.