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Posts Tagged ‘Nally & Hamilton’

Kentucky Surface Water: The Good, the Bad, and the Ugly

Thursday, March 22nd, 2012 - posted by Erin

Depending on what you have heard about eastern Kentucky, or your own experiences there, you may have different impressions of Appalachian streams around the area. Some may envision picturesque creeks running through green valleys, while others may think of bright orange “streams” running over rip-rock.

Unfortunately, bright orange streams are commonplace in eastern Kentucky. The color is indicative of acid mine drainage, which is characterized by the oxidation of sulfide metals — in Appalachia, the compound is usually iron (II) disulfide, also known as pyrite. Fortunately not all streams in eastern Kentucky are contaminated from coal mining; however, if we do not address the main source of surface water contamination in the area — coal mining — in a few years, there may not be clean streams to protect. We must find better ways to address existing acid mine drainage and other water contamination in the area.

Photo credit: KFTC

Last week, I traveled around eastern Kentucky to meet with some of the volunteers for Appalachian Water Watch, a program created in the spring of 2011 to train and equip coal-impacted citizens to test surface water throughout their community. Through surface water testing around coal mines, citizens become better informed about threats to their water and their health, and are empowered to address water pollution issues.

My first stop was in Benham, Ky., to meet with several members of Kentuckians for the Commonwealth who live in the area. Many of them were born in the area, and several have worked as coal miners. They have all worked for many years to protect their communities against threats related to surface mining. While there has been some historical underground mining around Benham and Lynch, the immediate area is currently free of surface mines.

The result of this somewhat unique circumstance in eastern Kentucky is that rivers around Benham and Lynch have unusually high water quality, allowing the two towns to use the local rivers for municipal water. The city of Lynch receives its water from a reservoir supplied by Gap Branch and Looney Creek watersheds, which requires minimal treatment costs. The city of Benham receives its water from Kellioka coal seam to the south of Looney Creek. This source provides economic opportunities through the proposal of a water bottling operation. The water sources for both cities are all located immediately downstream of two proposed surface mines on Looney Ridge, making city-wide water contamination from future mining activities a very real threat. (more…)

Nally & Hamilton Case Continues in State Court

Friday, December 9th, 2011 - posted by eric

Yesterday Appalachian Voices along with our partners Kentucky Riverkeeper, Kentuckians For The Commonwealth, and Waterkeeper Alliance challenged the recent settlement between Nally & Hamilton and the Kentucky Energy and Environment Cabinet in state court.

Click here to see the press release with more information on this newest development.

Click here to see the how the case has developed.

Click here to view the state court petition.

Several Kentucky news outlets covered this development. Click the links below to see the news articles.
Ronnie Ellis for the Daily Independent
Erica Peterson for WFPL Public Radio
Bill Estep and Beth Musgrave for the Lexington Herald-Leader

Groups Challenge Public’s Exclusion From Secret Negotiations

Friday, December 9th, 2011 - posted by eric

FOR IMMEDIATE RELEASE: Friday, December 9, 2011

An agreement negotiated in secret between the Beshear administration and a major polluter in eastern Kentucky does little to protect the public or prevent future violations, claimed several groups representing Kentucky citizens who use water polluted by the company’s coal mining operations.

The citizens’ groups filed a petition in Franklin Circuit Court on Thursday asking that the agreement between Nally & Hamilton Enterprises and the Kentucky Energy and Environment Cabinet be vacated on the grounds that there is “no factual evidence in the record, much less substantial evidence, [that] supports a finding that the Agreed Order is a fair resolution of Nally’s thousands of [Clean Water Act] violations, or that it will be an effective deterrent of future violations.”

The agreement was approved by cabinet Secretary Len Peters in November, despite the objections of the groups and despite their exclusion from the negotiating process.

“It is clear that the Kentucky Energy and Environment Cabinet is acting in its own best interest and the best interest of the coal industry rather than trying to protect the people and environment of Kentucky,” said Eric Chance of Appalachian Voices. “This settlement creates the appearance that the cabinet is doing its job while letting Nally & Hamilton off the hook for a huge but unknown number of serious violations.”

Nally & Hamilton Enterprises, based in Bardstown, is one of the largest producers of coal in Kentucky. They primarily use the controversial practice of mountaintop removal, where mountains are destroyed to reach thin coal seams. The remaining rubble is then dumped in the valleys and streams below.

Several principal officers and employees of Nally & Hamilton and their spouses contributed $6,000 to Beshear’s re-election campaign on July 21, just two weeks after the citizens groups were allowed to intervene in the case, according to the Kentucky Registry of Election Finance.

The case began in March when Appalachian Voices, Kentucky Riverkeeper, Kentuckians For The Commonwealth, and Waterkeeper Alliance, represented by Natural Resources Defense Council, gave notice to Nally & Hamilton that they planned to sue the company for 12,000 violations of the Clean Water Act, which occurred over a two-and-a-half-year period. The violations related to discharges from many of the company’s coal mining operations in eastern Kentucky and involved false and incomplete pollution discharge reports submitted to the cabinet.

Cabinet officials, who had previously ignored these reports, finally reviewed Nally & Hamilton’s discharge reports after receiving the notice letter and in May filed an administrative enforcement action against the company. It seems that the cabinet did this in an effort to protect the company by trying to pre-empt a federal lawsuit the groups planned to file. The administrative action had no preemptive effect under the law, however, and the groups filed the federal suit anyway.

The groups also asked to intervene in the administrative proceeding, and in July the hearing officer granted the groups intervenor status, making them full parties in the case. However, cabinet officials ignored the hearing officer’s strong encouragement to include intervenors in settlement negotiations and negotiated a settlement with Nally & Hamilton without notifying or involving the intervening parties.

“There are so many loopholes in this secretly crafted document, it becomes strikingly offensive to anyone the least bit familiar with Clean Water Act rules. This Agreed Order represents business as usual between cabinet officials and a scofflaw coal company, literally at the expense of citizens’ lives and well-being,” said KFTC member Suzanne Tallichet. “We are contesting this agreement because citizens living in coal-impacted communities deserve much better from a taxpayer supported state agency that is supposed to be diligently protecting people over corporate profits.”

As stated in an October letter to Peters, and repeated in Thursday’s court filing, the agreement falls short because (among other things):

• The cabinet seems not to have investigated the possibility that Nally & Hamilton’s violations were the result of intentional fraud;
• There is no evidence that the cabinet calculated what civil penalty amount is necessary to deter future violations (the fines were less than 1% of what they could have been);
• The agreement does not list or even describe what violations are being resolved; so it isn’t clear the cabinet even knows what violations this settlement would resolve;
• The agreement leaves most remedial measures completely undefined, requiring only that Nally & Hamilton submit proposed remedial measures after the agreement is signed; this makes it impossible to determine whether those remedial measures will fix Nally & Hamilton’s violations.

“The Kentucky Environment Cabinet needs to get out of the coal business and do their job protecting the public. This is just common sense,” said Pat Banks of Kentucky Riverkeeper. “Instead they ignored the hearing officer’s order giving us intervenor status and negotiated a secret agreement that does little to protect our people or prevent future violations. Our people are shocked that the cabinet chooses to protect companies that are polluting our land and water and breaking the laws thousands of times rather than protect the health and well-being of Kentucky’s land and people.“

“The people of Kentucky deserve to know what is being dumped into their waters. Nally & Hamilton has been submitting false data and releasing unknown amounts of pollutants for at least five years and the cabinet thinks this warrants a minor slap on the wrist,” added Chance.

The petition asks the Court to order the cabinet to produce factual evidence supporting the agreement and an explanation of how it will adequately remedy past violations and deter future violations. Failing that, the case should be returned to the Hearing Officer for additional fact-finding and adequate remedies to protect the public interest.

Last week, without notice or reason, Peters fired Natural Resources Commissioner Carl Campbell just as Campbell was preparing to travel to a meeting with Nally & Hamilton. “How can we expect to see effective enforcement of environmental laws against coal companies if top cabinet officials have to choose between protecting the environment and protecting their jobs?” asked Chance.

Click here to view a copy of the petition.

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CONTACTS:
Eric Chance, Appalachian Voices – 828-262-1500, eric@appvoices.org
Pat Banks, Kentucky Riverkeeper – 859-527-3334, kyriverkeeper@eku.edu
Suzanne Tallichet, Kentuckians For The Commonwealth – 606-776-7970, suetallichet@windstream.net
Peter Harrison, Waterkeeper Alliance – 212-747-0622 ext. 32, pharrison@waterkeeper.org

Kentucky Energy and Environment Cabinet cuts deal with Nally and Hamilton for Water Pollution Violations

Wednesday, November 23rd, 2011 - posted by eric

Last week the Kentucky Energy and Environment Cabinet entered a settlement with Nally and Hamilton Enterprises to resolve tens of thousands of violations of the Clean Water Act. The pending agreed order, originally submitted in September, was signed by the Cabinet Secretary Len Peters, now making it official.

Nally and Hamilton is one of the largest producers of Mountain Top removal Coal in Kentucky. They are also being sued by a number of citizens over flooding caused by one of their mines, which lead to a great deal of property damage and killed two people. (more…)

Higher Fines for Big Coal in Kentucky Clean Water Act Case

Wednesday, October 19th, 2011 - posted by Jamie G. -- AV Communications Coordinator

By Erin Savage

The Kentucky Energy and Environment Cabinet recently reached a settlement of $507,000, with Nally & Hamilton Enterprises, Inc., a mountaintop removal coal mining company in eastern Kentucky.
The fine tops previous record-setting fines issued in Appalachian Voices’ on-going case against Frasure Creek and ICG coal companies, $310,000 and $350,000, respectively. Appalachian Voices, Kentuckians for the Commonwealth, Kentucky Riverkeeper, Waterkeeper Alliance and the Natural Resources Defense Council are suing Nally & Hamilton for 12,000 violations of the Clean Water Act.

On Sept. 14, a conference was held for the Office of Administrative Hearing case between the cabinet and Nally & Hamilton to determine whether Appalachian Voices and its partners may continue with legal proceedings as intervenors in the case. The decision halted legal proceedings, including Appalachian Voices’ ability to request additional records from Nally & Hamilton and the cabinet.

The cabinet failed to respond to any previous discovery requests, before the recent conference. Without disclosure of relevant information, it cannot be determined whether the settlement is based on a thorough investigation or if it will remedy past and deter future violations.

Though the fines represent a major step toward holding coal companies accountable for their pollution, they are still insufficient. Under Kentucky law, Nally & Hamilton could be fined $300 million.

The settlement provides a low monetary penalty, ignores the potential of fraud, provides little deterrent for future violations and absolves Nally & Hamilton of liability for additional violations already committed.

The cabinet also failed to identify most of the violations uncovered by Appalachian Voices and did not include Appalachian Voices and its partners in the settlement negotiations. For these reasons, Appalachian Voices and its partners continue to pursue Clean Water Act justice as intervenors in this case.

App Voices and Partners Enter into a Second Lawsuit against KY Coal Company Nally & Hamilton

Tuesday, August 23rd, 2011 - posted by Erin

Appalachian Voices, Kentuckians For The Commonwealth, Kentucky Riverkeeper and Waterkeeper Alliance today sent Nally and Hamilton a 60-day Notice of Intent to sue over additional Clean Water Act violations with potential penalties of more than $180 million.

Based on a review of state water monitoring reports, the coalition identified more than 5,000 additional violations of the Clean Water Act on top of the 12,000 violations previously discovered in March.

“The undeniable pattern of coal companies blatantly disregarding the law in Kentucky is nothing new to our coalfield citizens,” said Suzanne Tallichet with Kentuckians For The Commonwealth. “Their ongoing pollution of the rivers and streams that our citizens rely on for drinking water is precisely why more and more health studies link mountaintop removal coal mining to a whole host of human health impacts from cancer to birth defects in babies.”
(more…)

Kentucky Coal Company Falsifies More Water Monitoring Data, Advocates Allege

Tuesday, August 23rd, 2011 - posted by Appalachian Voices

Coalition To Sue Mining Company In Latest Revelation of a Pattern of Violations

- – - – - – - – - – -
FOR IMMEDIATE RELEASE: Tuesday, August 23, 2011
Contacts: Donna Lisenby, Appalachian Voices, 704-277-6055, donna@appvoices.org
Suzanne Struglinski, NRDC, 202-289-2387, sstruglinski@nrdc.org
Suzanne Tallichet, KFTC, 606-776-7970, suetallichet@windstream.net
Pat Banks, Kentucky Riverkeeper, 859-622-3065, kyriverkeeper@eku.edu
Heath Fradkoff, Goodman Media for Waterkeeper Alliance, 212-576-2700, hfradkoff@goodmanmedia.com
- – - – - – - – - – -

EASTERN KENTUCKY (August 23, 2011)— Newly discovered information suggests that coal company Nally and Hamilton has filed even more false – and potentially fraudulent – water pollution monitoring data with state agencies than previously believed, according to a coalition of clean water advocates. As a result, residents of Kentucky do not know how badly polluted their water is.

Based on a review of state water monitoring reports, the coalition identified more than 5,000 additional violations of the Clean Water Act on top of the 12,000 violations previously discovered in March. Appalachian Voices, Kentuckians For The Commonwealth, Kentucky Riverkeeper and Waterkeeper Alliance today sent Nally and Hamilton a 60-day notice of intent to sue the company over these additional Clean Water Act violations with potential penalties of more than $180 million.

“The undeniable pattern of coal companies blatantly disregarding the law in Kentucky is nothing new to our coalfield citizens,” said Suzanne Tallichet with Kentuckians For The Commonwealth. “Their ongoing pollution of the rivers and streams that our citizens rely on for drinking water is precisely why more and more health studies link mountaintop removal coal mining to a whole host of human health impacts from cancer to birth defects in babies.”
(more…)

Inside Appalachian Voices

Monday, August 1st, 2011 - posted by meghan

Taking A Stand in the War on Water

Upper Watauga Riverkeeper Dona Lisenby and Water Quality Associate Kara Dodson test conductivity, pH, total dissolved solids and temperature below a surface mind in Kentucky. Photo by Eric Chance.

Upper Watauga Riverkeeper Dona Lisenby and Water Quality Associate Kara Dodson test conductivity, pH, total dissolved solids and temperature below a surface mine in Kentucky. Photo by Eric Chance

By Erin Savage

Though placid lakes and playful streams seem to say otherwise, a war on water is currently raging in the Appalachian Mountains. Here are just a few of the ways that Appalachian Voices is taking the plunge and combating water pollution. Read more at appvoices.org/waterwatch.

Enforcing the Clean Water Act in Kentucky

Appalachian Voices’ Appalachian Water Watch team, Kentuckians for the Commonwealth, Kentucky Riverkeeper and Waterkeeper Alliance are making headway in Clean Water Act litigation against three of Kentucky’s largest mountaintop removal coal companies: International Coal Group Inc. (ICG), Frasure Creek Mining LLC and Nally & Hamilton Enterprises, Inc.

In June, Appalachian Voices filed a second notice of intent to sue ICG and Frasure Creek Mining for an additional 4,000 permit violations of the Clean Water Act that occurred in the first three months of 2011. The coalition group filed a previous lawsuit against the same two companies in October 2010 for more than 20,000 permit violations that took place over a several-year period.

The same coalition is also involved in a case against Nally & Hamilton coal company for over 12,000 violations of the Clean Water Act. According to research by our Water Watch team, current Nally & Hamilton reports include exact duplication of data from previous reports.

Mediation with ICG and Frasure was rescheduled for July 26 and trial is set for August 30. The Nally & Hamilton case is in the process of discovery and hearings have been set for January 2012.

Community Water Testing

This summer, Appalachian Voices’ Appalachian Water Watch team began community-based water testing in eastern Kentucky and southwestern Virginia. The program is designed to protect Appalachia’s watersheds by enforcing state government accountability through citizen water monitoring.

By equipping and training local groups to monitor water quality in areas close to mountaintop removal coal mining, the program provides valuable information about potential pollution violations and helps local residents become better informed about their watersheds and more connected with other concerned citizens.

Appalachian Water Watch provides local host organizations with high quality testing equipment and training in water quality testing and state Clean Water Act permit review. These organizations then provide the same training to their members. The data collected by volunteers will be submitted, organized and made public through the new Appalachian Water Watch website, which will officially launch this fall (stay tuned for details!).

Partner organizations include Southern Appalachian Mountain Stewards, Kentuckians for the Commonwealth, Kentucky Riverkeeper and Sierra Club Water Sentinels. The first training took place in June at the SAMS headquarters in Appalachia, Va. Additional trainings are scheduled during August in Kentucky and Virginia.

The Clean Water Cooperation Federalism Act

Appalachian Voices is working to prevent passage of HR 2018, a bill that threatens our water by rewriting portions of the Clean Water Act and removing the EPA’s authority over water pollution. The bill would grant individual states permitting decisions for mountaintop removal coal mines and other water polluting industries. See page 22 for the full story.

When sponsor Rep. John Mica (R-Fl) and others attempted to sneak the bill through the house by waiting until the day it passed the House Transportation and Infrastructure committee to give notice of the bill, Appalachian Voices activated our network of supporters with an email that resulted in 6,000 letters to congress in 24 hours. Our allies, Waterkeeper Alliance and Alliance for Appalachia, quickly mobilized their supporters and generated action alerts to thousands across the US.

In mid-July, HR 2018 passed the House of Representatives. However, the President’s advisors have recommended a veto of the bill, stating that it “could adversely affect public health, the economy, and the environment.”

EPA Mercury Regulation

Appalachian Voices strongly supports the EPA’s proposed new mercury guidelines, which would provide stronger oversight of mercury and other toxic pollutants emitted from power plants. If made a rule, the guidelines would reduce exposure to these pollutants and decrease their associated health risks, such as heart attacks in adults and asthma in children.

We produced a video in support of the new regulation that was submitted as a public comment and shown during the EPA’s public hearings on the rule, which were held in May. We also emailed our supporters asking them to submit letters to the EPA voicing their support for the rule. The public comment period is scheduled to end August 4.

Abbadabba Sells Shoes for Mountains

Appalachian Voices would like to give a big thank you to Atlanta-based shoe store Abbadabba’s for supporting us with their “End Mountaintop Removal” promotion.

In conjunction with “The Last Mountain” film’s run in Georgia from July 8 to 24, the store donated five dollars to Appalachian Voices for every pair of Merrell Barefoot shoes sold. Abbadabba’s CFO Kristin Smith grew up in Kentucky and mountaintop removal is a topic close to her heart.

“This cause is a deeply personal one to me as my family hails from the mountains of eastern Kentucky and southern West Virginia,” wrote Smith on the store’s blog. “Each time I go home, the landscape has changed again and more mountains have been lost. The ecological damage is staggering, and yet not enough people are paying attention.”

Abbadabba’s proves that business and ethics can go hand in hand, and we look forward to working with them more in the future!

Now 101 Cosponsors of the Clean Water Protection Act!

Appalachian Voices, the Alliance for Appalachia, NRDC and others continue to promote the bipartisan Clean Water Protection Act (HR 1375), a House bill that would make it illegal to dump toxic waste from mountaintop removal mines into headwater streams in Appalachia.

During the third week of July, the Clean Water Protection Act reached 101 cosponsors, and that number is continuing to grow as more representatives learn about the impacts of mountaintop removal on communities in Appalachia.

See if your congressperson is a cosponsor by visiting ilovemountains.org/clean-water-protection-act.

Appalachian Treasures: On the Road Again

Our Appalachian Treasures tour, a multi-media presentation that educates people about the impacts of mountaintop removal coal mining on communities in Appalachia, has hit the road once again, this time to the Pacific Northwest and the Windy City.

Kate Rooth and Austin Hall—Appalachian Voices’ national field staff—traveled to the Pacific Northwest for a week-long tour through Washington and to Portland, Oregon. More than 150 people attended presentations in Washington cities including Redmond, Issaquah, Bellevue and Vancouver.

“People are always shocked to know that an egregious practice like mountaintop removal is happening in the United States,” Kate said. “The good news is that they are always eager to help and as a result there is a growing national movement fighting for an end to this practice.”

As we go to press, Campaign Director Lenny Kohm is touring the windy city of Chicago and southern Illinois to deliver the message about mountaintop removal and talk to people about the Clean Water Protection Act and the Appalachia Restoration Act.

Since 2002, the Appalachian Treasures tour has traveled to over 30 states and talked to over 10,000 people about mountaintop removal coal mining.

Goodbyes & Hellos…

Un Adiós Encariñado

Appalachian Voices bids un adiós encariñado—a fond farewell—to our 2010-11 AmeriCorps Communications Outreach Associate and The Appalachian Voice Managing Editor, Jillian Randel.

During the last year, Jillian has brought a humanist perspective to her articles in The Voice, unearthing compelling stories that help connect people to the issues and to our Appalachian culture.

In one of the highlights of her service year, Jillian worked tirelessly to compile and write stories on more than 60 amazing and accomplished women for our Women of Appalachia issue, helping to highlight the often-overlooked contributions women have made toward protecting the cultural and environmental heritage of our region. The issue received numerous compliments and we believe will have a far-reaching influence on how people view our Amazing Women of Appalachia.

Jillian’s intelligence, humor (always attempting Spanish!), unflappable positive attitude and desire to accomplish to her utmost level are all attributes that define her as a person of high character and quality.

Jillian leaves us for Tampa, Fla., where she will pursue writing and her yoga training certification.

We wish her all the best!

Welcoming A Capitol Guy


We would like to welcome Thom Kay, our new Legislative Associate based in Washington, D.C.

Thom is originally from the Piedmont region of the Appalachian Mountains in Spartanburg, S.C. He graduated from Wofford College in 2007 with a major in philosophy. Thom has worked with Greenpeace on chemical security legislation and climate change legislation. His most recent work was with the League of Conservation Voters, advocating for several issues including coal ash disposal rules and mountaintop removal.

Thom will be working with our Washington, D.C., team near Capitol Hill to help pass the Clean Water Protection Act to outlaw the dumping of mine waste into Appalachian headwater streams.

Welcome, Thom!