Posts Tagged ‘Virginia’

Updates: Stopping the “Tax on the Sun” in Virginia

Tuesday, September 9th, 2014 - posted by hannah

solar on house

As the comment period concludes on Appalachian Power Company’s proposed solar “stand-by” charge and next week’s formal regulatory hearing nears, we’re at full swing in a major push for solar freedom in Virginia.

Concerned ratepayers from Abingdon to Amherst, Botetourt to Blacksburg, Lynchburg and Floyd and all across the state have called for their power company to work with customer-generators and not to interfere with the free market for residential clean energy. Solar installation professionals, local elected officials, and solar homeowners have lent their voices in hope of denying an unfair and punitive new policy.

In local news sources — print and public radio – and in the blogosphere, the word is out: Virginia’s second-largest utility seeks to impose an unfair new fee on customers with solar arrays on their property over 10 kilowatts. Hundreds of Appalachian Power customers have already told the SCC that this fee punishes those who benefit their communities in so many ways by choosing to invest in clean energy for their homes, and it’s clear how this move by the company threatens to turn good candidates for new installations away from going solar.

To protect affordable clean energy options for customers, there is still time to take action and take this effort through the last mile. Come out and be in the room at the public hearing in Richmond at 10 a.m. on Tuesday, September 16 at the State Corporation Commission when citizen comments are heard on the utility’s proposal.

Contact me, your local campaigner Hannah Wiegard, at hannah[at]appvoices.org if you’re an ApCo customer and have questions, need a hand crafting testimony, or would like help arranging transportation to the hearing in downtown Richmond on Tuesday, September 16. See you there!

Five Schools Switch to Landfill Gas Power

Sunday, August 10th, 2014 - posted by Jack Rooney

By Carvan Craft

Five colleges are putting the saying “one man’s trash is another man’s treasure” into practice with their initiative to use landfill gas for light and power. Hollins University, Emory & Henry College, Lynchburg College, Randolph College and Sweet Briar College are the first institutions in Virginia on track to meet all of their electricity needs with renewable energy.

Given our annual production of garbage, landfill gas is considered a renewable resource. The gas is approximately half methane and half carbon dioxide, which is harmful when it leaks into the air from a landfill. Methane has a global warming potential that is 23 times greater than carbon dioxide.

Burning landfill gas to generate electricity prevents much of this harmful methane from entering the atmosphere, but whether the gas is a truly clean energy source is disputed because it also produces air pollution.

Robert B. Lambeth Jr., president of the Council of Independent Colleges in Virginia, says that one of the college sustainability coordinators approached him with the idea of switching from conventional power to electricity generated by landfill gas. The Council embraced this idea and began working with the five participating colleges on the project in March 2013.

The schools collectively established an agreement with the green energy firm Collegiate Clean Energy — an affiliate of the landfill gas company IGENCO — to purchase their electricity directly from the firm. As part of the agreement, the schools signed a 12-year contract that they expect will save them between $3.2 million and $6.4 million during that period.

The electricity generated from the landfill gas is distributed on the local grid operated by Appalachian Power, and the schools receive Renewable Energy Certificates that represent their direct contribution to lowering greenhouse gas emissions from conventional electricity. These green energy credits can be put on the market to be bought and traded by other groups seeking to support renewable energy.

Lambeth believes this is an excellent educational opportunity for students to learn more about renewable power companies through potential internships and tours of the landfill gas facility.

Several schools are developing other green initiatives in addition to the methane project. Four of the colleges have solar panels, three use geothermal heat pump systems and Lynchburg College heats water with solar tubes on the roof.

“The colleges obviously have a strong commitment to sustainability, climate control and using renewable energy where possible,” Lambeth says. “So this opportunity fits nicely with the goals of the colleges.”

Southwest Virginia is for (Outdoor) Lovers

Sunday, August 10th, 2014 - posted by Jack Rooney

By Amber Ellis

On Sept. 13-14 in Abingdon, Va., the Appalachian Spring Initiative will host a regional expo to highlight southwest Virginia’s outdoor recreational opportunities.

The initiative, which focuses on community development, has identified eight attractions as pillars of ecotourism in southwestern Virginia, including the New River, High Knob Recreation Area and the Daniel Boone Wilderness Trail.

The two-day expo in September centers on these “anchors,” with the first day aiming to connect people with outdoor activities through area businesses and the second day devoted to off-site exploring and guided activities. The expo also offers interactive demos, educational information, live music and local beer. Cost varies based on activity. Visit: swvaoutdoorexpo.com.

New Law Helps Cyclists in Virginia

Sunday, August 10th, 2014 - posted by Jack Rooney

Bicyclists in Virginia can breathe easier now that the minimum distance for passing motorists has increased from two to three feet. At the time of the law’s passage, Virginia was number 18 on the annual ranking of bicycle friendly states by the League of American Bicyclists.

Expecting Justice: The backward priorities of a billionaire coal baron

Thursday, August 7th, 2014 - posted by brian

If spending $30 million to see your favorite NFL team play in your backyard is possible, practical even, then so is paying your debts.

One of these things is not like the other, but they're all owned by Jim Justice. Premium Coal's Zeb Mountain (top) and Windrock Mountain mines in Tennessee, and the Greenbrier's new training complex. Photos from tnleaf.org and Facebook.

One of these things is not like the other, but they’re all owned by Jim Justice. Premium Coal’s Zeb Mountain (top) and Windrock Mountain mines in Tennessee, and the Greenbrier’s new training complex. Photos from tnleaf.org and Facebook.

On July 25, as opponents of mountaintop removal celebrated an order that halted three companies’ surface mining operations in Tennessee, New Orleans Saints fans flocked to the Greenbrier Resort in White Sulphur Springs, W.Va., where the NFL football team began training camp at a brand new $30 million facility.

At the center of both stories is Jim Justice, a billionaire West Virginia native who in recent years cut his coal losses by investing heavily in resort properties like the Greenbrier.

The Sierra Club and Statewide Organizing for Community eMpowerment shared the news that the federal Office of Surface Mining Reclamation and Enforcement issued 39 cessation orders against National Coal, Premium Coal and S&H Mining, each owned by Justice, for failing to report water monitoring data and meet mine reclamation requirements.

In fact, coal mines owned by Justice in Alabama, Kentucky, Tennessee, Virginia and West Virginia have racked up more than 250 violations, with unpaid penalties of about $2 million.

“I guess I just screwed up,” Justice said to the Roanoke Times in July about his subsidiaries’ transgressions. “I mean, we’re not a public company … The majority of this is all paperwork, and I’m cleaning it up.”

Purchased Power

Justice is worth somewhere in the neighborhood of $1.6 billion. Forbes magazine puts him at number 292 on a list of wealthiest Americans and estimates that his personal wealth has grown by $500 million in the last year.

In some circles, he is revered for rescuing West Virginia’s historic Greenbrier Resort from bankruptcy in 2009. And even as violations against Justice-owned operations pile up, West Virginia’s lone billionaire is helping his state through troubled times.

“Sure, some have raised questions about some of Justice’s companies’ practices, late payments, regulatory fines and the like,” a July editorial in the Charleston Daily Mail postured in guarded praise. “Yet, while many talk of diversifying the state’s economy in the face of market and regulatory setbacks for the coal industry, Jim Justice and company are doing something about it.”

Photo from the Justice to Justice campaign's Facebook page.

Photo from the Justice to Justice campaign’s Facebook page.

Some folks in Kentucky feel differently, and understandably so — nearly half of the 266 violations Justice faces resulted from problems at mines in that state’s eastern counties.

Along with violations for failing to pay fines or breaking promises after previous enforcement actions, the charges in Kentucky stem from companies failing to submit water monitoring reports and failing to meet reclamation requirements. The problem has gotten so bad that some states are considering bond forfeiture, a last resort that could push the costs of proper reclamation off on the communities Justice’s companies have already put in harm’s way.

It’s not the first time his companies’ poor regulatory records have hurt their ability to do business. Outstanding violations in Virginia led to a massive victory for opponents of mountaintop removal last year when the Department of Mines, Minerals and Energy denied a permit for Justice’s A&G Coal Corp. to strip-mine Ison Rock Ridge in Wise County.

But the recent cessation order in Tennessee represents the largest action to date taken against Justice’s companies. Unlike all the other states where his operations face violations and fines, Tennessee’s mining regulatory program is handled by the federal government.

Before the cessation orders were issued, the federal Office of Surface Mining held public hearings in Anderson County, Tenn., to address Premium Coal’s failure to meet reclamation requirements at two mine sites. Premium Coal requested the orders be dropped because the crew they hired had planted trees upside down with the roots sticking up.

Southern Appalachian Mountain Stewards formed the Justice to Justice campaign this year to raise awareness about the dismal regulatory records and outstanding debts of Justice-owned coal companies. Photo from justicetojustice.org

Southern Appalachian Mountain Stewards formed the Justice to Justice campaign to raise awareness about the dismal regulatory records and outstanding debts of Justice-owned coal companies. Photo from justicetojustice.com.

“You’d think a coal billionaire could hire firms that can plant a tree the right way around. Sadly, Premium Coal’s reasoning for not meeting permit requirements was simply that,” said Sierra Club Organizer Bonnie Swinford in a press release. “Justice and his firms have a legal responsibility to ensure adequate reclamation of strip-mined land in our state — and upside-down trees don’t cut it.”

Add it all up, and it’s no wonder the Southwest Virgnia-based Southern Appalachian Mountain Stewards formed the Justice to Justice campaign this year to call on the mogul to use his power to diversify Appalachia’s economy and put an end to mountaintop removal. In early July, SAMS members marched outside the Greenbrier and the towns of White Sulphur Springs and Lewisburg, W.Va., holding signs with messages such as “You got rich, we got sick,” “Employ local people in reclamation,” and “Hey Jim Justice, be a good neighbor to ALL of Appalachia.”

According to the Justice to Justice website, many tourists and even local residents had no idea that the Greenbrier patriarch’s fortune had been built in part “on the backs of blasted mountains and abandoned communities.”

Courting the Saints

Sadly, media coverage of Justice’s latest major investment has obscured everything mentioned so far in this post. A USA Today story about the new facility built for the New Orleans Saints praised a genial, sports-loving Justice, calling him a “refreshingly grounded billionaire.” Justice was proud to share the amount he spent to see the Saints come to the Greenbrier.

“This is on me — I spent $30 million of my own money,” Justice told USA Today. “The Saints are paying for their rooms and their meals. Basically, that’s it. The Saints didn’t put money in this deal.”

The facility, which has variously been described as “posh,” “lavish,” and “state-of-the-art,” was built in about 100 days. You can watch the video at right from the Charleston Daily Mail’s YouTube account for a look inside.

“It’s unbelievable when you think about it,” Justice told reporters gathered in the locker room. “This is, gosh, I’m trying to think, a little over 90 days in the doing, and with a whole lot of earth-moving, it had to be done before that.”

Yes, it is unbelievable, and exceedingly hard to not just conclude that Justice sees himself as being above the law. If dropping $30 million to see your favorite NFL team play in your backyard is possible, practical even, then so is abiding by surface mining laws and properly reclaiming mines — trees planted root-side down and all.

Justice says the demands of his critics, who he calls “anti-mining activists,” are unrealistic. But considering the circumstances, a regional movement calling on his companies to clean up their mess, pay off their debts and stop poisoning water is not only realistic, it’s unavoidable. Justice practically created it. To do right by Appalachia, he should meet those demands and then some. And he could start by responding to the open letter and request for a meeting the Justice to Justice campaign sent him months ago.

Back at the Greenbrier, likely in a dining room every bit as lavish as the new sports complex, Saints’ Coach Sean Payton and Justice had dinner together the night before training camp started. At one point, according to USA Today, Payton told Justice, “You exceeded expectations.”

Given the same chance, someone from Central Appalachia expecting justice — whether an out-of-work miner, a contractor waiting to be paid, a fed up environmental regulator or a mother concerned about the poorly reclaimed mine looming over her community — might all say the opposite: “Not even close.”

Appalachian Voices, Kentuckians for the Commonwealth, Statewide Organizing for Community eMpowerment and Coal River Mountain Watch recently signed on to Justice to Justice campaign. Learn more here and by liking the campaign’s Facebook page.

Great News for Clean Water in Virginia!

Friday, July 18th, 2014 - posted by eric

A two-headed trout deformed by selenium pollution.

Last week a federal judge upheld a previous decision requiring a Virginia coal company to get a permit for their discharges of toxic selenium.

Selenium is a mineral that is extremely toxic to fish and other aquatic life at very low levels. It is commonly discharged from many coal mines and coal ash ponds. Even in small amounts, selenium causes deformities, reproductive failure and even death in fish and birds. Even though its toxic effects and prevalence in coal mine discharges are well known, this is the first mine in Virginia that will be required to monitor and obtain a permit for its selenium discharges.

Water testing done by Southern Appalachian Mountain Stewards (SAMS) revealed that A&G Coal Corporation’s Kelly Branch Surface Mine was discharging selenium in toxic amounts. So in 2012, Appalachian Voices, SAMS and the Sierra Club, represented by Appalachian Mountain Advocates filed suit against A&G for illegal discharges of selenium.

EPA is currently revising their national standards for selenium. If implemented, their new draft standards will make it more difficult for citizens groups protect streams they care about through legal actions like this one.

A&G Coal Company is owned by billionaire, frequent political campaign contributor and coal baron James Justice.

Last year, a federal judge ruled in our favor and ordered A&G to begin daily selenium monitoring and to apply for a permit from the Commonwealth of Virginia to cover its selenium discharges. A&G appealed that decision with the support of a number of industry groups including the National Mining Association, the Virginia Coal and Energy Alliance, the Virginia Mining Association, the Virginia Mining Issues Group, the American Petroleum Institute and several others. That appeal failed last week.

A&G claimed that their current water discharge permit provided them a “permit shield.” Basically, since they were meeting the terms of their current permit, they were shielded from any liability for other water pollution not included in that permit.

In his decision federal district judge James P. Jones disagreed. The decision states that the validity of a “permit shield” is a two-prong test, requiring that a permittee disclose the presence of the pollutant in its permit application, and that the state agency considers that pollutant. If you fail one prong then you lose the shield. In this case A&G never disclosed the presence of selenium in their permit application, and there is no evidence that Virginia considered selenium pollution, so the company failed both parts of the test. The decision concludes:

To allow the [permit shield] defense in these circumstances would tear a large hole in the [Clean Water Act], whose purpose it is to protect the waters of Appalachia and the nation and their healthfulness, wildlife, and natural beauty.

Community Impacts of Controversial Coalfields Expressway Project 
in Va. to Receive Thorough Review

Wednesday, June 25th, 2014 - posted by cat

Contact: 

Jane Branham, Southern Appalachia Mountain Stewards, samsva@gmail.com, (276) 565-6167 

Deborah Murray, Southern Environmental Law Center, dmurray@selcva.org, (434) 977-4090 

Marley Green, Sierra Club, marley.green@sierraclub.org, (276) 639-6169 

Adam Beitman, Sierra Club, adam.beitman@sierraclub.org, (202) 675-2385 

Kate Rooth, Appalachian Voices, kate@appvoices.org, (434) 293-6373

Appalachia, VA — The Federal Highway Administration (FHWA) has announced that the Virginia Department of Transportation (VDOT) will be required to conduct a full environmental review for a controversial 26-mile section of the Coalfields Expressway that would run through Wise, Dickenson, and Buchanan counties in southwest Virginia. Community groups in southwest Virginia and conservation organizations applaud the decision.

VDOT fundamentally changed the route and the nature of this section of the Coalfields Expressway when it partnered with coal companies to allow mountaintop removal mining as part of the project and failed to prepare a comprehensive analysis of its impacts on the community. The environmental study that FHWA is requiring must evaluate the public health and environmental harms of the proposal and examine a full suite of alternatives.

More than 85,000 citizens sent comments to VDOT and FHWA expressing their concerns about the harm that mountaintop removal mining associated with this project would have on drinking water, community health, and quality of life. Local citizens are also worried that the altered route would eliminate the economic benefits promised to the community because it would bypass local businesses, and the associated impacts from mining would detract from a growing tourism industry.

Three federal agencies, including the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, and the U.S. Fish and Wildlife Service, also urged FHWA and VDOT to prepare a comprehensive analysis that considers alternatives and evaluates the social, economic and environmental impacts of the mountaintop removal mining which is integral to the project.

“This decision is good news for the people of southwestern Virginia,” said Jane Branham, vice president of Southern Appalachian Mountain Stewards. “We are pleased that FHWA and VDOT will take a hard look at the irresponsible and destructive mining practices that have already hurt our communities and that would be part of this ill-conceived strip mine/highway proposal.”

“We look forward to seeing a thorough review of the environmental consequences of this project, including an analysis of a range of highway alternatives that do not depend on mountaintop removal coal mining,” said Deborah Murray, senior attorney with the Southern Environmental Law Center. “The decision-makers must keep in mind the original purpose and need of the project –serving the local communities.”

“VDOT now has the opportunity to take a fresh, honest look at this project,” said Marley Green, a Wise County resident and Sierra Club organizer in Virginia. “We have the chance to figure out the best ways to improve transportation access and diversify our struggling mountain economy.”

“The decision made by Federal Highways is a critical one. Mountaintop removal coal mining has had a devastating impact on communities in southwest Virginia, and now the state will be required to examine this road fully before spending our tax dollars on a deal that only helps coal companies rather than the community,” said Kate Rooth, campaign director with Appalachian Voices. “Now, local business owners, landowners, and citizens whose clean drinking water would be impacted can help VDOT design a project to truly benefit Central Appalachia.”

>> Click here for more background

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About Southern Appalachia Mountain Stewards: Southern Appalachian Mountain Stewards (SAMS) is an organization of concerned community members and their allies who are working to stop the destruction of our communities by surface coal mining, to improve the quality of life in our area, and to help rebuild sustainable communities. www.SAMSva.org

About the Southern Environmental Law Center: The Southern Environmental Law Center is a regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC’s team of about 60 legal and policy experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use. www.SouthernEnvironment.org

About Sierra Club: The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 2.4 million members and supporters nationwide. In addition to creating opportunities for people of all ages, levels and locations to have meaningful outdoor experiences, the Sierra Club works to safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and litigation. www.SierraClub.org

About Appalachian Voices: Appalachian Voices is an award-winning, environmental non-profit committed to protecting the natural resources of central and southern Appalachia, focusing on reducing coal’s impact on the region and advancing our vision for a cleaner energy future. Founded in 1997, we are headquartered in Boone, N.C. with offices in Charlottesville, Va.; Knoxville, Tn. and Washington, D.C. www.AppVoices.org

Your comments needed to chart Virginia’s energy future

Friday, June 13th, 2014 - posted by hannah
Help ensure Virginia's upcoming Energy Plan makes clean energy like solar power a priority.

Help ensure Virginia’s upcoming Energy Plan makes clean energy like solar power a priority.

This month Virginia Governor Terry McAuliffe signed an executive order to create an energy council tasked with assisting in the development of a comprehensive energy strategy for Virginia. In his announcement, the governor stressed the need for an aggressive analysis that puts Virginia in the position of being a leader in “new energy technologies.”

The results of this analysis will be compiled in the Virginia Energy Plan, a document that state law mandates be rewritten every four years and is due October 1. For those of us who would like to see robust investment in efficiency, wind and solar power as part of those new energy technologies, the task before us clear: make sure the Energy Council hears from us at every opportunity.

Gov. McAuliffe ran on a clean energy jobs platform, and now is the time to make sure that those same ideas are reflected in the plan as it will set the tone on energy policy for the rest of his term. Now is a critical moment to seize that opportunity.

The Energy Council is hosting listening sessions across the state to collect input from citizens on the Energy Plan. The format of these sessions will begin with a 15-minute informational presentation by an expert on a particular topic related to the plan. Citizens will then have time to comment, taking up to three minutes each. Arrive early to sign up to reserve your place on the speakers list.

The schedule for the sessions is:

Public involvement will be critical in making sure that the upcoming Energy Plan guides Virginia away from a dependence on fossil fuel and toward a cleaner energy economy.

Can’t make it to any of these session in person? Send in your comment on Virginia’s energy direction here!

Science-backed lawsuits protect clean water in Central Appalachia

Tuesday, June 10th, 2014 - posted by Sarah Caldwell

A citizen’s photo of sediment from George’s Fork entering the South Fork Pound River

On Thursday, June 5, the U.S. District Court for the Southern District of West Virginia ruled that high levels of conductivity in water discharged from mountaintop removal mines are harmful to West Virginia streams.

The Sierra Club issued a press release that calls the ruling a “landmark decision” and quotes the district court’s decision that, “Losing diversity in aquatic life, as sensitive species are extirpated and only pollution-tolerant species survive, is akin to the canary in a coal mine. These West Virginia streams … were once thriving aquatic ecosystems.”

The ruling comes at a pivotal time for citizen action groups engaging in litigation under the Clean Water Act. The same day of the court’s ruling on conductivity, citizen groups including Appalachian Voices filed a suit in Virginia arguing that four mines owned by Red River Coal Company had failed to comply with a state-imposed Total Maximum Daily Load (TMDL) plan for the South Fork Pound River.

The South Fork Pound TMDL stipulates the level of total dissolved solids (TDS) and total suspended solids (TSS) the river can tolerate, while still protecting aquatic life. Mines that discharge into the South Fork Pound watershed are given waste load allocations (WLAs) for their contribution of TDS and TSS. Our case against Red River Coal argues that data from company water monitoring indicates that they have exceeded WLAs for the South Fork Pound River.

At a first glance, these two cases seem to be only distantly related, but with a closer look and some basic science, it becomes clear that they are actually incredibly similar.

Conductivity is the measurement of the ability of a material to conduct electricity. In the case of water, the more positive and negative ions in the water, the more conductive it becomes. TDS measures the concentrations of dissolved ions in the water, so the higher the TDS, the higher the water’s electrical conductivity.

When water has been discharged from a surface mine, it often runs through valley fills and other areas where heavy metals have been disturbed. Dr. Anthony Timpano of the Virginia Water Research Center authored a paper that explores the effects of high levels of TDS on aquatic life. Timpano states that streams impacted by coal pollution can often have a TDS greater than 2000 mg/L. A normal stream should have a TDS of less than 200 mg/L. Ions that typically contribute to high TDS levels include calcium, magnesium, sodium, potassium, chloride, bicarbonate and sulfate. Sulfate has been shown to have deadly effects on aquatic life.

Another theme present in both of these cases is the lack of state oversight and enforcement for water pollution violations in coal-impacted communities. These lawsuits were filed by citizen groups that advocate for clean water in areas where industry is often favored over local communities. The West Virginia Department of Environmental Protection and Virginia’s Department of Mines, Minerals and Energy failed to hold Alex Energy, Elk Run Coal Company, and Red River Coal Company accountable. Instead, citizens have stepped up to the job.

Appalachian Voices’ Water Quality Specialist Eric Chance hits the nail on the head, saying, “Unfortunately, it takes lawsuits like this one to get the Department of Mines, Minerals and Energy to do its job and enforce existing laws that were created to protect the health of people and streams.”

Groups Seek Protection of Virginia Waterways from Mining Pollution

Thursday, June 5th, 2014 - posted by eric


Red River Coal Co. Violating “Last Line of Defense” Clean Water Act Protections

Contact:
Eric Chance, Appalachian Voices, 828-262-1500 eric@appvoices.org
Sean Sarah, Sierra Club, 202-548-4589 sean.sarah@sierraclub.org
Matt Hepler, Southern Appalachian Mountain Stewards, 540-871-1564 mhepler24@gmail.com

Big Stone Gap, VA –Citizen and environmental groups today filed suit in federal court over illegal water pollution from four mines in Southwest Virginia owned by the Red River Coal Company. Virginia regulators previously determined that the South Fork Pound River, which receives the pollution from the mines, does not adequately support aquatic life. To protect the streams, Virginia imposed a “Total Maximum Daily Load” (TMDL) for mining pollutants that harm aquatic life, including total dissolved solids and total suspended solids.

Appalachian Voices, Sierra Club and Southern Appalachian Mountain Stewards filed the case in the U.S. District Court for the Western District of Virginia. The groups found that Red River is violating its permit conditions that require compliance with the state TMDL.

“These mountain streams in southwest Virginia were once known for their purity and served as a habitat for diverse species of aquatic life, but mining pollution’s changed that,” said Jane Branham of Southern Appalachian Mountain Stewards. “It is shameful that citizens must take action to address this issue, but with the failure of the Department of Mines, Minerals, and Energy to oversee and enforce laws that protect our waterways, we are left with no other choice.”

“Every coal mine in Virginia has to get a permit that limits the amount of pollution it can release, but still many streams below these mines are unsafe to fish and swim in,” said Eric Chance, water quality specialist for Appalachian Voices. “Sometimes it takes lawsuits like this one to get the state Department of Mines, Minerals, and Energy to do its job and enforce existing laws that were created to protect the health of people and streams.”

“This case highlights the failure of state regulators to stop the damaging pollution from mountaintop removal mines in our state, even after they’ve recognized the harm that pollution is causing,” said Glen Besa, Virginia Director of the Sierra Club. “Coal companies cannot police themselves and the Department of Mines, Minerals, and Energy is no help, so we feel compelled to take action in order to protect our precious streams and rivers from mining pollution.”

TMDLs are essentially the last line of defense against mountaintop removal mining pollution. Mountaintop removal mines generate high levels of total dissolved solids, which is often measured as conductivity. The Environmental Protection Agency has conducted scientific studies that found high levels of conductivity, dissolved solids, and sulfates are a primary cause of water quality impairments” downstream from valley fills and other mining operations.

The three groups filing today’s suit are represented by Isak Howell, Joe Lovett and Ben Luckett of Appalachian Mountain Advocates.

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