Posts Tagged ‘Politics’

Appalachia’s Environmental Votetracker: Dec.-Jan. 2014 issue

Friday, December 19th, 2014 - posted by molly

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Hey North Carolina, New York just banned fracking

Wednesday, December 17th, 2014 - posted by brian
Before rushing into fracking, North Carolina could learn something from New York, which just announced it would ban the practice, citing health concerns and uncertain economic prospects.

Before rushing into fracking, North Carolina should look to New York, which just announced it would ban the practice, citing health concerns and uncertain economic prospects. Photo by Daniel Foster/Creative Commons.

New York’s debate over whether or not to allow fracking came to a close today when Gov. Andrew Cuomo sided with the state’s top public health and environmental officials in calling for a ban on the practice.

The governor’s end-of-year cabinet hearing, where the announcement was made, looked like so many other meetings that often end in disappointment. But this one was exceptional for inserting some much-needed truth into fracking fight that could, just maybe, help other states come to their senses.

During the portion of the meeting on fracking, Joseph Martens, the commissioner of the New York Department of Environmental Conservation, set the stage during a 10-minute presentation that pretty much served as a debunking of the best arguments for fracking. It was clear that Martens had done his homework before concluding that fracking should not be done anywhere in New York.

Just in terms of practicality, Martens told Cuomo and his fellow cabinet members, more than 63 percent of the Marcellus Shale deposits in New York would be off limits under state rules and local zoning. On top of that, dozens of New York towns — most famously the upstate town Dryden — have already approved their own bans on fracking and took their case before the state’s highest court, which ruled in their favor earlier this year.

Following the court’s decision in June, Dryden Town Supervisor Mary Ann Sumne told the New York Times, “I hope our victory serves as an inspiration to people in Pennsylvania, Ohio, Texas, Colorado, New Mexico, Florida, North Carolina, California and elsewhere who are also trying to do what’s right for their own communities.”

Despite the fact that North Carolina’s law prohibits local ordinances that “directly or indirectly” restrict oil and gas drilling operations, towns across the state have approved ordinances or resolutions to discourage or prevent fracking in their limits.

According to Martens, the prospects for fracking in New York are “uncertain at best.” The same could be said of North Carolina, where supporters’ visions of economic grandeur don’t always follow the limitations of the state’s geology.

Martens’ rundown was refreshing for this North Carolinian — it was also a reminder of the disregard and misplaced priorities of many pushing to bring fracking to my beloved state. But New York’s acting health commissioner, Dr. Howard Zucker, who spoke next, might truly be the voice of reason we’re missing in North Carolina.

Zucker, with a stack of reports on fracking’s health impacts in other states piled behind him, said he would not allow his family to drink tap water in an area where fracking took place. The point hit home with Cuomo, who said if Zucker believes fracking could put his children in harm’s way, then no child living in New York should be put in that position.

If no child in New York should be put at risk of contaminated water and the other threats that come with fracking, neither should North Carolina’s kids, nor those living in areas already ravaged by poorly regulated drilling.

Former New York Gov. David Paterson first imposed the state’s moratorium in 2008 while the state Department of Environmental Conservation studied fracking in the years leading up to today’s decision. North Carolina Gov. Pat McCrory and the state General Assembly, on the other hand, have rushed headlong toward fracking while requiring surprisingly little study for a state with no experience regulating it. Drilling could begin in North Carolina as early as this spring.

The latest fumble related to fracking in North Carolina came today too. Just as New York announced its ban, controversial fracking regulations in North Carolina sailed through final review against the recommendations of the Rules Review Commission’s staff attorney, who said Mining and Energy Commission staff emailed her 100 rules that were riddled with errors at 2 a.m. on the day of the deadline.

Mary Maclean Asbill, a senior attorney for the Southern Environmental Law Center, who attended the review told the News & Observer the latest misstep is basically par for the course at this point.

“All of the issues just highlighted how rushed the whole process was,” she said.

What will Obama’s legacy be on mountaintop removal?

Wednesday, December 3rd, 2014 - posted by thom
After six years of the Obama presidency, mountaintop removal is still putting communities are at risk, leading many to wonder what his environmental legacy will be.

After six years of the Obama presidency, mountaintop removal continues to put Appalachian communities at risk, leading many to wonder what his legacy on the issue will be.

The Obama administration has taken steps to limit mountaintop removal coal mining pollution in Appalachia. The president and agency officials have also made quite a few promises. But mountaintop removal continues, so what have they actually done?

The Alliance for Appalachia, a coalition of groups including Appalachian Voices, just released a Grassroots Progress Report examining the administration’s successes and shortfalls in dealing with mountaintop removal. There have been successes, to be sure, but as the report clearly demonstrates, there have been many failures.

Large scale surface coal mining is still a huge problem in Central Appalachia. Although the pace has slowed due to the declining coal economy, many new permits are issued every year. In 2013 Virginia issued 9 new surface mining permits and 2 acreage expansions, West Virginia issued 25 new permits, and Kentucky issued 30. Only Tennessee issued no new permits. - Grassroots Progress Report

The report covers not only the scale of ongoing mining, but paints a clear picture of the costs that mountaintop removal continues to have on Appalachian communities. The poor economic outcomes and human health problems associated with mountaintop removal have not improved over the past six years. These issues are closely linked, and neither can improve without action from the White House.

The White House has already made commitments. A 2009 Memorandum of Understanding, signed by all of the relevant regulatory agencies, outlined a series of actions the administration was prepared to take to deal with mountaintop removal. The Alliance report goes through those commitments one by one, pointing out the shortcomings of the actions taken, and the failure of the administration to take further, stronger actions.

The report is not simply a list of grievances, however. There are four policy recommendations as well.

1) a Selenium Standard to ensure that citizens maintain the ability to test for selenium pollution in their own water,
2) a strong Conductivity Rule based on scientific research US EPA has already conducted because we, and our federal agencies, know that high conductivity can be a key measure of dangerous water,
3) a Stream Protection Rule that preserves a strong stream buffer zone requirement so that mining waste can no longer be dumped into our streams, and
4) a strong Minefill Rule to address the currently unregulated dumping of coal burning waste into abandoned mine sites.

If you’re interested in what the Obama administration has and has not done in dealing with mountaintop removal coal mining in Appalachia, take a moment to read the one-page summary or the full report.

DENR deserves an environmental leader to replace John Skvarla

Tuesday, December 2nd, 2014 - posted by brian
John Skvarla, the embattled secretary of DENR, is leaving the agency to lead the state Commerce Department.

John Skvarla, the embattled secretary of DENR, is leaving the agency to lead the state Commerce Department.

After a tumultuous two years as secretary of the Department of Environment and Natural Resources, John Skvarla is stepping over to lead the state’s Commerce Department. Skvarla will replace Secretary of Commerce Sharon Decker, who is leaving her post to join a digital media company.

Environmental groups, concerned citizens and prominent media outlets have been critical of Skvarla throughout his tenure, and unsurprisingly so — he has expressed doubt over whether oil is a non-renewable resource claiming, “There is a lot of different scientific opinion on that,” and he questions the overwhelming scientific consensus on climate change.

After assuming his position, Skvarla rewrote DENR’s mission statement to be in the service of industries in North Carolina. Under his watch, information related to climate change was removed from the agency’s website, and the department was reorganized and reduced to nearly inept levels.

READ MORE: DENR found critics and praise under Skvarla

By any measure, Skvarla is committed to being business-friendly. Responding to an op-ed by Appalachian Voices’ Amy Adams in the News & Observer last December, he called DENR a “customer-friendly juggernaut.” But many saw Skvarla as being too cozy with companies like Duke Energy. A federal grand jury is still investigating ties between DENR and the company responsible for the Dan River coal ash spill.

While this announcement should engender optimism in the North Carolina environmental community, that hopefulness is tempered by trepidation over who will take over the position, and concern that he could be replaced by an even more extreme and environmentally detrimental successor.

There is no word on who will replace Skvarla yet, but Gov. McCrory says he is interviewing candidates and plans to appoint a new secretary later this month. Here’s to hoping he or she is the environmental leader DENR deserves and North Carolina desperately needs.

A statement from Appalachian Voices North Carolina Campaign Coordinator Amy Adams:

John Skvarla ushered in an era of regressive environmental policies and procedures that placed industry over the needs of the environment and people. It is our sincere hope that his departure from DENR will allow the return of accountability and reason to the agency.

Gov. McCrory must choose a leader who will balance real environmental protection and industry growth without the wholesale abandonment of either. The goal of the new DENR secretary should be to restore the mission and integrity of the department by prioritizing environmental protection.

We look forward to working with someone who will reconsider Skvarla’s industry-first approach, which repeatedly put North Carolina’s natural resources as risk as exemplified by the handling of Duke Energy’s coal ash contamination.

Be cool and keep fighting

Wednesday, November 5th, 2014 - posted by thom
After the tumultuous midterm elections, not that much has changed and our job in Washington, D.C., remains much the same.

After the tumultuous midterm elections, not that much has changed and our job in Washington, D.C., remains much the same.

For the next couple of weeks, you’ll have a hard time turning on the TV or going online without seeing reactions to the midterm elections. Most pundits will analyze what happened, and some will try to tell you what it means.

Here’s what it really means: maybe not that much.

To put things in historical perspective, let’s take a moment to look back at some very recent elections and their outcomes.

2008: Democrats take the White House and a supermajority in both the House and Senate! They proceed to pass climate legislation, stop mountaintop removal coal mining, usher in a new age of clean energy take a few moderate steps toward reducing the amount of permits issued for mountaintop removal coal mining.

2010: Republican wave! The GOP takes the House by a wide margin and nearly takes the Senate. They proceed to remove EPA’s ability to regulate carbon pollution and then expedite all mountaintop removal permits create a fuss while federal agencies continue to take moderate steps towards limiting coal pollution.

2012: Democrats keep the White House, and improve their numbers in both the House and Senate! They proceed to make permanent changes to coal mining and coal ash regulations while stopping global warming in its tracks make no headway on coal mining regulations, allow mountaintop removal mines to be permitted, and take only moderate steps on coal ash regulation and carbon emissions.

We don’t know what the future holds, but considering what happened yesterday there are a few things that we can be pretty sure of moving forward.

The politics of Virginia and Tennessee are not much different today than they were yesterday. No major incumbent lost their race, and the election’s outcomes gives us no reason to believe federal office holders from either state will change their behavior going forward. Appalachian Voices, for one, is happy to continue to work with members from both states and both parties.

West Virginia and Kentucky are still in Big Coal’s stranglehold. But like coal itself, the industry’s power is finite. We can’t say how soon the politics of coal will change in Central Appalachia, but we will continue to work with our allies in those states to change the conversation. For now, members of the two states’ delegations will continue to vote the way they have for years.

After 30 years as an advocate for coal miners and the coal industry alike, Rep. Nick Rahall lost to his Republican challenger, Evan Jenkins, in the race for West Virginia’s 3rd district. Rahall was the senior Democratic member and had a firm grasp on the House Transportation and Infrastructure Committee, which has jurisdiction over the Clean Water Act. His replacement in that role will likely be someone who opposes mountaintop removal coal mining. For that, we can be all be happy.

North Carolina’s Senate election was a bit of a surprise. Though, aside from Democrat Kay Hagan being replaced by Thom Tillis, the rest of delegation is unchanged.

Appalachian Voices has worked hard to build relationships with members of Congress and their staffs in both the House and the Senate. But we have known for a long time that getting comprehensive legislation through Congress is not a good short-term goal.

The White House, on the other hand, is armed with the science and has the legal authority and moral obligation to take on mountaintop removal, coal ash pollution, climate change and other threats. President Obama was never going to be able to rely on Congress to act on those issues. So from that perspective, nothing has changed.

It’s okay to be excited about a candidate you like winning an election. It’s okay to be bummed when a candidate you like loses. But it’s not okay to get so caught up in it all that you forget the big picture.

As we see it, the job before us has not changed. Our responsibilities to Appalachia, and yours, are the same today as they were yesterday and will be tomorrow.

We will keep fighting for a better future for Appalachia, and push every decision-maker, regardless of their political leanings, to stand with us. We will fight to end to mountaintop removal and for a just economic transition away from fossil fuels. We will fight because no one else is going to do it for us, and we will need you there by our side.

North Carolinians speak out against fracking: Are elected officials listening?

Monday, October 20th, 2014 - posted by Sarah Kellogg
Dave Rogers of Environment North Carolina and Hope Taylor of Clean Water for North Carolina lead the procession to the governor’s office.

Dave Rogers of Environment North Carolina and Hope Taylor of Clean Water for North Carolina lead the procession to the governor’s office.

More than two dozen environmental and social justice groups came together recently to hand deliver 59,500 petition signatures to North Carolina Governor Pat McCrory, calling on him and other elected officials to reinstate the ban on hydraulic fracturing and horizontal drilling for natural gas in the state.

Groups of the Frack Free N.C. Alliance, which include environmental organizations, environmental justice groups and grassroots organizations, have been working diligently all across the state to educate citizens about the potential impacts of fracking and encourage them to get involved. The nearly 60,000 petition signatures are a testament to the strong opposition to fracking throughout North Carolina.

Despite a forecast of rain, the organizations and supporters gathered at the governor’s office last Tuesday to rally and hold a press conference before hand delivering the petitions to McCrory’s staff (the governor, unsurprisingly, was unavailable to receive the petitions). Supporters held anti-fracking signs, images of North Carolina’s unique landscape, and art created by citizens portraying the dangers of fracking and the value of clean water.

The speakers came from all across the state, and included Kathy Rigsbee from Yadkin-Davie Against Fracking, an every-day citizen and mother turned activist, Hope Taylor, director of Clean Water for N.C., the founding organization of the Frack Free Alliance, and Luke Crawford from EnvironmentaLEE, a grassroots organization in Lee County, home to the largest deposits of natural gas in the state.

Sarah Kellogg, Appalachian Voices' North Carolina field organizer, speaks to the crowd about the amazing contribution of westerners to the petition and the anti-fracking movement.

Sarah Kellogg, Appalachian Voices’ North Carolina field organizer, speaks to the crowd about the amazing contribution of westerners to the petition and the anti-fracking movement.

I was honored to speak on behalf of the numerous grassroots organizations from western North Carolina that contributed significantly to the petition and the anti-fracking movement sweeping across the state. Those organizations include the Coalition Against Fracking in western N.C., Frack Free Madison County, and community groups from Swain and Jackson counties.

As the sun came out, we began carrying boxes of the signed petitions into the governor’s office. As the petitions were passed from person to person and on into the building, elementary students on a field trip joined us in chanting “Frack Free N.C.!”

Governor McCrory has yet to acknowledge the concerns of the 59,500 signees on the petition, though it is clear that opposition to fracking across North Carolina has grown as more citizens learn about the risks associated with the practice.

In August and September, 1,800 North Carolinians attended Mining and Energy Commission hearings on the proposed rules to regulate fracking. The overwhelming majority of commenters opposed fracking. The MEC reports that they received between 100,000-200,000 additional written comments addressing the rules and that the majority suggested the rules be strengthened. According to Commissioner Jim Womack, about half the comments were statements opposing fracking. Womack told reporters that those “didn’t really count.” Clearly, thousands of North Carolinians oppose fracking, the question is, are our elected officials listening to us?

The organizations and citizen groups of Frack Free N.C. promise to continue fighting to protect North Carolina’s air, water, communities, property values and way of life from the dangers of fracking.

Corporate windfall lets N.C. utilities charge customers under outdated tax rate

Thursday, October 16th, 2014 - posted by brian
A recent decision by the N.C. Utilities Commission allows Duke Energy and other public utilities to boost profits by charging customers under a corporate tax rate that the state legislature cut last year. Photo: The Duke Energy Center in Charlotte, N.C.

A recent decision by the N.C. Utilities Commission allows Duke Energy and other public utilities to boost profits by charging customers under a corporate tax rate that the state legislature cut last year. Photo: The Duke Energy Center in Charlotte, N.C.

The North Carolina Utilities Commission is tasked with regulating public utilities operating in the state and the rates they charge for services that millions of North Carolinians use every day.

So it’s no surprise that a decision by a majority (4-3) of the seven-member commission to allow Duke Energy and other utilities to charge customers using an outdated, and inflated, corporate tax rate is rankling their dissenting colleagues, government watchdogs and N.C. Attorney General Roy Cooper.

As The Charlotte Observer reports, the commission (somehow) decided that even though the legislature cut North Carolina’s corporate income tax rate from 6.9 percent to 5 percent last year, utilities can continue charging customers at 6.9 percent and pocket the difference.

In their dissent, three Democratic commissioners called the decision a corporate windfall that “allows the utilities to charge ratepayers in perpetuity to collect for taxes that the utilities no longer pay.” Yeah, it’s messed up.

The rate individual utilities, including electric, gas and water companies, are able to charge their customers could change the next time they seek rate adjustments. But even then, the dissenting commissioners warned, ratepayers will never be refunded the over-collected funds; the utilities have simply been afforded an unearned gain at the expense of North Carolina ratepayers.”

This is all pretty scary for several reasons. Most importantly, perhaps, is the fundamental disagreement between commissioners on the issue of “single-issue ratemaking,” or when and how adjustments in tax structures should influence the amount utility customers see on their bills.

Although Republican commissioners said they sympathized with the points made by the dissenting commissioners, they claimed that the “doctrine against single-issue ratemaking in full force in this state, designed to prevent changes to utility rates outside general rate cases, should be adhered to except in limited, closely circumscribed situations.”

“The insubstantial and immaterial changes at issue in this docket do not fit within the exception,” Republican commissioners wrote. “The limitations should be preserved to prevent single-issue ratemaking in the future when tax rates increase in insubstantial and immaterial ways.” No word on who decides what constitutes substantial and material changes, or why this shouldn’t be considered a limited, closely circumscribed situation.

But maybe they’re right. After all, Duke spokeswoman Lisa Parrish told The Charlotte Observer that, if Duke decides to stop sharing the tax savings with its ratepayers, its customers would only see a 17 cent increase on their monthly bill. Progress customers would pay 9 cents more each month.

Overall, the charges could help Duke Energy, Duke-Progress, Dominion North Carolina and PSNC Energy bring in around $21 million more a year.

That’s not so bad, right? Just ignore that you’re paying extra for a corporate tax rate that no longer exists. Parrish of Duke Energy also said that a little bump in North Carolinians’ electric bills wouldn’t really hurt them because it would go toward operating expenses or it could be spent on programs with broad community benefits. Hopefully they remember that when a real discussion about how to address the state’s coal ash problem comes up.

Another thing: You also may remember that HB 998, the bill that lowered corporate taxes in North Carolina, did much more than cut taxes for big corporations. It also more than doubled sales taxes on electricity from 3 percent to 7 percent. The commission approved a rate increase related to that change back in May, and over the summer, monthly bills of Duke customers increased by around 50 cents. Last I heard, the company isn’t sharing that burden with its customers.

Meanwhile, for three consecutive quarters, Duke has received a larger rate of return and rate of equity, the profit a company generates with shareholders’ money, than authorized by state regulators, in this case, the utilities commission. The Charlotte Business Journal reported that it is the first time since 2003 that the utility has significantly exceeded the returns set by the commission.

Finally, it’s understandable that the vast majority of the commission’s activities are not scrutinized the way major decisions, such as the 5.1 percent rate increase it granted Duke Energy last year or the merger between Duke and Progress Energy that the commission approved the year before, have been. But in this case, the commission used its discretion to not include Attorney General Roy Cooper, a Democrat expected to run for governor in 2016, or the Public Staff, which represents the interest of consumers on issues before the commission.

Now Cooper says he plans to appeal the decision to the North Carolina Court of Appeals, and the Public Staff are weighing an appeal.

Oh, and the eventual decision of whether Duke will be allowed to saddle its ratepayers with the cost of cleaning up its leaky, polluting coal ash ponds across the state — that quagmire will land in the commission’s lap too.

This isn’t just about about the pennies added to our monthly electric bills — even though those pennies are piling up and becoming dollars — and, as the dissenting commissioners wrote, for families struggling to pay their utility bills, “every cent counts.”

It’s bigger than that. It’s about the commission adhering to the first tenet of its mission statement: to provide just and reasonable rates and charges for public utility services.

The reclamation myth, it’s still happening too

Tuesday, October 14th, 2014 - posted by thom

{ Editor’s Note } A 2014 study on post-mining reclamation efforts found that “There is no evidence that mitigation is meeting the objectives of the [Clean Water Act] and looking forward there is no reason to believe this will change unless new mitigation requirements and scientifically rigorous assessments are put into place.”

It seems that whenever a picture of an active mountaintop removal mine site is posted online or shared on social media, someone steps in to comment that coal companies “put it back” or that, a few years after they reclaim the land “you won’t be able to tell the difference.”

For years, Appalachian Voices has been combating misleading claims about reclamation used by the industry and pro-coal politicians — especially the myth that mountaintop removal is necessary because it creates flat land for economic development. In a 2010 survey of mountaintop removal sites, we found that, of the 1.2 million acres of leveled Appalachian mountains, around 90 percent of reclaimed mine sites are not being used for economic development. In fact, most are just rocky grasslands not being used for anything at all.

LEARN MORE: Post-Mountaintop Removal Reclamation of Mountain Summits for Economic Development in Appalachia

Industry pic

The industry argues that it does a good job of reclaiming the land, and will use a handful of good examples of reclamation with a few nice pictures, and pretend that this is the norm. I particularly like this tweet from the West Virginia Coal Association a few weeks back.

As you can see it’s basically a pretty picture of the sun coming through the clouds with a caption that reads “100 Years of Coal Mining and West Virginia Remains Wild and Wonderful. This proves mining is a temporary land use.”

I can’t figure out how this picture “proves mining is a temporary land use.” I suppose the picture shows that companies have not blown up those particular mountains. Or the sky.

The reality of reclamation usually looks more like this…

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Or this…

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Or this…

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The failure to recapture the beauty that was once a 300-million-year-old mountain covered in old-growth, biodiverse forest is tragic, but it’s not the only problem with reclamation. Attempts to mitigate water pollution have repeatedly failed.

A 2014 University of Maryland study shows that mitigation and reclamation have totally failed to protect stream health.

According to the study:

Loss of aquatic biodiversity below [mountaintop removal] mining operations is well documented and there is no evidence that these downstream impacts decline over time–mine sites reclaimed over 20 years ago still contribute to significant degradation of water quality.

Overall the reports provide no evidence that stream mitigations being implemented for coal mining in the southern Appalachian states of Kentucky, Tennessee, Virginia, and West Virginia are meeting the objectives of the Clean Water Act to replace lost or degraded natural resource values and functions.

LEARN MORE: Mountaintop Mine Reclamation Not Adequately Restoring Affected Streams, Study Finds – Bloomberg BNA

The coal industry is blowing up mountains in Appalachia. They are not putting them back together again. The industry is polluting and burying streams, and they are not finding a way to fix them.

In 2009, the Obama administration promised to overhaul regulations meant to protect Appalachian communities and their waterways from mountaintop removal.

Yet, five years later, mountaintop removal coal mining is still happening. Until the Obama administration and Congress take serious actions, no amount of reclamation is going to fix the problems the mining is leaving behind.

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.

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.”