By Jerome Shaw
March 10, 2008 - With the race between Barak Obama and Hilary Clinton still a contest, it seems that for the first time in a while Kentucky’s primary will play some role in the selection process. Community Correspondent Jerome Shaw spoke with students and faculty on the campus of Pikeville College in Pikeville, Kentucky.
By Mia Frederick and Lora Smith
March 12, 2008 - After two days of hearings on the stream saver bill in the House Appropriations and Revenue Committee, the measure failed to garner the 15 votes needed to get to the house floor.
By Mia Fredrick and Lora SmithMarch 7, 2008 - The Stream Saver bill – so called because it is designed to protect headwaters streams from being buried with mine waste – has finally received a hearing in the house Appropriations and Revenue Committee. The bill has been presented in the last three sessions of the General Assembly, but has not been put to a vote in the Natural Resources Committee chaired by coal industry insider, Representative Jim Gooch. During Tuesday’s hearing the committee heard from Dr. Alice Jones of Eastern Kentucky University and Dr. Nathanial Hitt of Virginia Tech on the effects of valley fills on headwater streams in central Appalachia. The hearing was continued the next day in order to allow for additional testimony from those opposed to the bill. While many of the citizens on hand to support the bill were glad that the bill was finally getting a public hearing, some were frustrated that their own elected representatives were not supportive of their ongoing efforts to see the stream saver get a fair hearing and a vote in committee. On Wednesday the committee heard from coal industry representatives who insisted that implementation of the stream saver bill would imperil coal mining in eastern Kentucky. However at least one member of the committee, Representative Jim Wayne was skeptical of the claims being made, and after the Kentucky Coal Association Head, Bill Caylor offered to bring the rubble remains of mountain top removal to Rep. Pasleys farm in central Kentucky, he suggested that Mr. Caylor’s credibility was at risk. In the end though there was no vote – after some final testimony from Teri Blanton and Rev. Truman Hurt of Kentuckians For The Commonwealth – chairman moberly said he wanted the full committee to be present before he called for a vote. Floyd county resident Rick Handshoe came to Frankfort both days said he hoped that the presentations had served to convince skeptics on the committee of the bills merit. Update: A vote on the Stream Saver Bill was expected to come as early as Monday morning, but as of Friday evening the vote has been postponed. The Community Correspondents Corps will update this story as it develops. To find out more about the Stream Saver bill visit kftc.org For a coal industry viewpoint visit kycoalblog.org
By Suzanne Savell & Mia Frederick
February 2008 - Arts and culture are a vital part of our region and our heritage . traditional mountain music is an essential part of that culture and heritage. Each year at the end of June people gather from all over the country to attend the Cowan Creek Mountain Music School in Letcher County, Kentucky. Master musicians and students of all levels of skill spend a week on the banks of Cowan Creek to teach and learn how to play banjo, guitar, mandolin, fiddle and dulcimer. There’s singing and square dancing too. Part of the mission and origins of the Cowan Music School is the importance of passing on the music to a new generation, and the Cowan String Band is sure proof that the mission is alive and well. Last week members of the Cowan Creek Mountain Music School String Band traveled to Frankfort, Kentucky’s state capital to perform for the House of Representatives. Suzanne Savell sent us this radio postcard.
If you would like to find out more about the Cowan Creek Mountain Music School , visit their website Cowan Creek Mountain Music School
Community Correspondents report on I Love Mountains day [8:08m]: Play Now | Play in Popup | Download (408) Wendell Berry's speech at the rally [14:30m]: Play Now | Play in Popup | Download (543) Public Outcry at the rally! [8:10m]: Play Now | Play in Popup | Download (379) Carl Shoupe and Clack Mountain at the rally! [9:29m]: Play Now | Play in Popup | Download (364)
February 14th, 2008 - This years Valentines Day celebration of I Love Mountains Day in Kentucky’s state capitol was a rousing success with over a thousand people thronging the steps of the capitol for a rally. Following the rally the crowd moved inside where some folks met with their representatives, and then later hundreds lined the tunnel connecting the capitol annex to the house and senate chambers, and as the legislators passed through on their way to the days session, the crowd sang, and chanted, may of them shouting 164 - the number of the house bill they had come out to support - the Stream Saver Bill. For the third year in a row this bill as been submitted for consideration by the house Natural Resources committee, where it has repeatedly been killed before making to the house floor for a hearing there.Listen in to these audio excerpts of the rally and other activities in Frankfort during I Love Mountains Day. And stay tuned for more!
I Love Mountains Day was organized by Kentuckians For the Commonwealth
An unspoiled stream in southwest Virginia
By Jesse Montgomery and Lora Smith
January 21, 2008 - Massey Energy has agreed to pay the largest fine ever by a coal company for polluting streams. In a consent decree issued last Thursday in the case the United States vs. Massey Energy, the company announced it would pay $20 million in fines for 4,500 violates of the Clean Water Protection Act related to mining operations in West Virginia and Kentucky over a 6 year period. Massey also agreed to set aside $10 million to prevent future problems at the company’s 44 mines and coal facilities Kentucky, West Virginia and Virginia.
Community Correspondent Jesse Montgomery takes a deeper look at the fines handed down to the West Virginia based Massey Energy and what effect, if any, the settlement will have on the residents and water of Central Appalachia.
James “Earl” Evans lives in Hatfield of Pike County, Kentucky. In 2000, Mr. Evans noticed his creek was being polluted from illegal dumping by a nearby Massey operation that included a large sludge impoundment and three settlement ponds.
After repeat calls and inspections by state agencies, Mr. Evans decided to file suit against Massey for violations related to the improper dumping of waste into his water and won. The Federal Clean Water Protection Act states that mining companies are not allowed to dump waste into waterways for the purpose of disposal
By ignoring the law, the burden often falls on the individual private property owner to lobby complaints against the industry with state agencies.
And of course, the state agencies have to write the fines, but this doesn’t always happen. Or even when fines are issued, it doesn’t ensure the illegal activity will stop, which is why individuals like Mr. Evans must sometimes take matters into their own hands.
James Evans: They were ignoring the little person down in the community and were continuing to do what they’d already do until someone forced them to stop. After two years I got them to stop.
In this most recent case, it wasn’t individual complaints or state agencies at all, but action straight from the federal government against Massey filed by the Environmental Protection Agency.
Joe Lovett is a lawyer and Executive Director of the Appalachian Center for the Economy and the Environment in Lewisburg,WV.
Joe Lovett: Usually the EPA plays a secondary backup role. The EPA has only had to step in here because of the complete failure of the state agencies to enforce the act they are charged to enforce.
The federal case means the millions collected will be paid to the federal government. Lovett thinks this is a shame for the coalfield states like Kentucky and West Virginia where most of the damage to streams have been done.
Joe Lovett: $20 million dollars could have greatly benefited a state like West Virginia which is in need of money.
Mark York, the Chief of Staff for Kentucky’s Environmental and Public Protection Cabinet, or EPPC, explained why the state of Kentucky chose not to pursue this lawsuit in conjunction with the EPA.
Mr. York maintains that the state of Kentucky had already taken action against Massey, as well as other coal companies operating in the region, and a joint lawsuit with the EPA would invalidate any previous sanctions placed on the coal companies. He remains optimistic in his assessment of the suit and cites its potential for change
Regardless of its status as the largest fine levied against a coal company, its effectiveness in getting the big players in the coal industry like Massey to follow the provisions of the Clean Water Protection Act remains to be seen.
Massey Energy declined comment for this story but in a press release issued with the announcement, the EPA stated that, “The 20 million [dollar] settlement avoids expensive litigation, resolves questions about the company’s potential liability and enhances Massey’s environmental protection efforts.”
The area where the violations occurred
is an important headwaters region
However, according to West Virginia lawyer Joe Lovett, fines paid for violations don’t address the underlying problem of stream health in Appalachia.
Joe Lovett: What has happened here is a small thing. What we’re talking about is the sediment that comes out of the ponds at the base of the valley fills instead of talking about the construction of the valley fills. In this region they’ve filled more than a thousand miles and those streams are never coming back.
But will the fines paid by Massey make a difference to coalfield residents in Kentucky and West Virginia currently dealing with the affects of water contaminated from sludge impoundments and settlement ponds?
Sam and Evelyn Gilbert live on Frank’s Creek in Letcher County, Kentucky. Sam is a retired strip miner and a Vietnam Veteran who moved near Black Mountain with his wife in hopes of having a quite retirement, but a neighboring mountaintop removal mining operation has made that difficult. The Gilberts say they have seen their creek and community’s water damaged from the site’s two valley fills. On a recent afternoon at home, Sam and Evelyn discussed their opinions about the Massey agreement.
Sam Gilbert: “To justify $30 million dollars…hopefully it’s the beginning to an end to valley fills. There’s not enough money in a coal company to pay for the destruction that they’ve done to this Earth.
If Massey were to have paid for each of the 4,500 violations, the total fine would have exceeded 2 billion dollars.
So what do you think? The consent decree for the United States of America vs. Massey Energy is available online and currently open for public comment.
The Community Correspondents Corps welcomes your comments on this and all our stories.
Read the report online, offer comments
To read a copy of Massey Energy’s consent decree, go to:
US Department of Justice
Comments on the proposed decree should refer to “Massey Energy” and be addressed to the Assistant Attorney General, Environment and Natural Resources Division.
They can be e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to:
P.O. Box 7611
U.S. Department of Justice,
Washington, DC 20044-7611
Other story links:
Appalachian Center for the Economy and the Environment
Standard Podcast [9:05m]: Play Now | Play in Popup | Download (352) Standard Podcast: Play Now | Play in Popup | Download (315)
By Mia FrederickJanuary 11, 2007 - Richmond, Virginia’s state capitol, was the site of a recent public hearing by the State Corporation Commission regarding Dominion Power’s proposed coal fired power plant for southwest Virginia. About 300 people from all over Virginia came to tell the SCC commissioners what they thought about the plan to build the plant in Wise County. Some of the 150 people who signed up to speak were in favor of the facility, many of them were elected officials from Wise County, General Assembly members representing the region, and representatives of Wise County’s Industrial Development Authority. Bob Harrison of the Wise IDA said that, he believed Dominion would be responsible to the community. Although most all who gave testimony in support of the SCC approving the permit, based in part on how good the plant will be for the area and the great benefits to come from it, at least one resident of Wise County, Mary Ellen Kelly, recalled the statements of Dominon Power’s John Ragone at a meeting with the public in Wise last spring.Almost every person speaking in favor of the project mentioned the need for jobs in the region, and for the revenue generated that could benefit local schools. The plant would provide some 800 construction jobs over about 3 years, and 75 once the plant is online. An estimated 250 coal mining jobs are often mentioned, as the plant is mandated to use Virginia coal. But questions were raised about the amount of mine-able coal left in southwest Virginia, and about increased mountain top removal mining to supply the plant. Larry Bush a former coal miner and federal coal mine inspector told the commission that the coal in Virginia is largely depleted, and that extensive and destructive mountain top removal mining would be the source of coal for Dominions plant.
Many residents of Wise and surrounding counties traveled to Richmond to ask the SCC not to approve the plant, and concern for the health and well being of children was one thing many of them were most concerned about. Matthew Sutherland and his wife Jennifer brought their three children they both expressed their fears about the plants negative impacts. Amelia Kirby, who grew up near the proposed plant’s site spoke about what the plant would mean for her, the river, and possibly the children of Wise County.There were also citizens from many other parts of Virginia, many of them college students who are opposed to the plant not only because they are concerned about the impacts on the land and people of southwest Virginia, but also because they are very concerned about global climate change. Bryce Carter, a student at VA Tech who comes from Fairfax, Virginia testified about the role of young people in addressing that issue. So college student from across Virginia are actively opposed to the plant, but what about other Virginians? To date three cities – Arlington, Blacksburg, and Charlottesville have passed resolutions opposing the plant, and Jim Connelly, Executive of Fairfax County, has taken an official position against the plant. And a number of people from those diverse areas spoke in opposition to the plant being permitted. Josh Tulkin of the Chesapeake Climate Action Network said that many people living in northern Virginia, where the electricity would from the proposed plant would be used are opposed to the plant being built in their name, and that they and other citizens of the Commonwealth would be pressing Governor Tim Kaine to make the right choice for the state and oppose the plants permit.The next step in the permitting process will be a hearing on February 5th in Richmond, where evidence will be presented by 20 experts representing Dominion, opponents, and the State Corporation Commission. That hearing will run over several days and the SCC will be webcasting the hearing at www.scc.virginia.gov. The Virginia Department of Environmental Quality will hold a public hearing for comments at the St. Paul High School Auditorium on February 11th at 7:00 PMThe Virginia Department of Environmental Quality will be accepting comments on the air quality permit in writing or online from January 12 through February 26th, 2008. Anyone wishing to submit comments should direct them to Rob Feagins, Department of Environmental Quality, Southwest Regional Office, 355 Deadmore St., P.O. Box 1688, Abingdon, Va. 24212-1688; Phone: 276/676-4835; E-mail: grfeagins@deq.virginia.gov; Fax: 276/676-4899.
Virginia Department of Environmental Quality
By MiaFrederick
December 11, 2007 - As part of the permitting process for Dominion Power’s proposed coal fired power plant southwest Virgina the Virginia Department of Environmental Quality recently held a public briefing in St Paul, Virginia just down the road from the Virginia City site of the proposed plant.. Representatives from DEQ made a presentation on the current status of Dominion’s draft air emissions permit. Rob Feagins, DEQ’s Air Permit Manager for DEQ’s southwest regional office reminded the audience of about 85 people gathered in the St Paul High School auditorium that this meeting was for questions only and that the public comment period would be the time that the public could submit their comments for the public record. Feagins concluded his presentation by describing the possible outcomes of the permitting process.
Many of the questions from the public were about the impact of the emissions of toxic pollutants from the plant, such as mercury and sulfur dioxide, and the potential impacts on the people, air, water, and wildlife in the region, and downwind from Virginia City. Adding to the concerns is the existence nearby, of Carbo, an old coal fired power plant that is noted for being one of the dirtiest in the nation.
Although the emissions and impacts outlined in the current permit meet or exceed current air quality standards there were several questions about how future regulations on emissions including carbon dioxide might increase the cost of the plant, a figure that has gone from around 800 million up to 1.6 billion since the plant was first proposed, a cost increase that many present felt would be passed on to ratepayers. There were also questions about the role of a government agency called the Department of Environmental Quality in approving a plant that will be emitting substantial pollutants albeit – within the current regulations.
The part of central Appalachia that would feel the greatest impact from the plant is home to one of the most diverse ecosystems in the world, and the Clinch River is widely known as a pristine aquatic habitat. The US Forest service recently notified the Virginia DEQ that the pollution from the proposed Virginia City plant would harm five federally designated Class I wilderness areas in three states – the James River Face in Virginia, Linville Gorge, Shining Rock, and Joyce Kilmer-Slickrock in North Carolina, and Cohutta in Georgia.
The real question of the night may have been whether there was any hope that DEQ would deny the permit. Several states, including Texas have recently dropped plans to build new coal fired power plants due to concerns over pollution and climate change as well as the financial impacts of pending regulations of carbon emissions. In Kansas, in a situation similar to the one in Virginia, that states department of environmental quality actually did deny the permit of a plant similar to the one proposed by Dominion, after public pressure and a statement from Governor Kathleen Sebelius saying it was wrong for that state to move forward with that technology.
The next public hearing regarding approval of the plant will be held January 8, 2008 in Richmond, as the State Corporation Commission reviews the permit and the plants rate structure.
To find out more about Dominion Power and the proposed plant, the Virginia Department of Environmental Quality and about what concerned citizens are doing to oppose it, follow the links below!
Dominion press release on the project
Virginia Department of Environmental Quality
