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Front Porch Blog


Appalachian Voices and Partners Challenge Kentucky’s Backroom Deal With Coal Company


Friday, May 17th, 2013 | Posted by Eric Chance



Watercolors by Frasure Creek. State inspector's photos show a variety of colors of water at Frasure Creek mines.

Yesterday, Appalachian Voices and our partner organizations filed a “petition for review”, essentially an appeal of a settlement between Frasure Creek Mining and the Kentucky Energy and Environment Cabinet. This settlement lets Frasure Creek off the hook for thousands of water quality violations over the past two years, while doing little to ensure that the company fixes its water quality problems.

Our challenge of this settlement focuses on the way in which it came about. But first, a bit of background.

We have a separate case that is ongoing against Frasure Creek for submitting false water monitoring data (entire reports were duplicated and only the dates were changed). After we uncovered this problem the company began turning in more accurate reports, which for the first time showed lots of pollution problems. We then filed a second suit against Frasure Creek for thousands of these pollution problems (which had been hidden by reporting problems before our first suit). Then the cabinet also filed a complaint for these pollution violations and more like them in state administrative court (a court run by the cabinet itself).

We intervened in that case and became full parties to it, but were then shut out of it completely. In fact the settlement was entered despite our previous objections, and there is no evidence that our objections were even considered. The cabinet and Frasure Creek negotiated a settlement completely without us. The law and common sense both dictate that an agreement is not valid unless all the parties involved agree to it, and that is the basis for our challenge of this settlement yesterday.

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A Must-Read Report, Another Reminder It’s Time to Build Something New in Central Appalachia


Tuesday, May 14th, 2013 | Posted by Brian Sewell



An updated and expanded report is a potent reminder that coal's decline isn't going away and policymakers should accept the challenges, just as many people already have. Click through to read the report's key findings.

The litany of voices pointing to the writing on the wall for the Central Appalachian coal industry continues to grow. They’re saying the same thing in almost every way imaginable, and have been for some time.

Watching coal production decline and demand shift as other energy sources out-compete coal domestically, it is vital that policymakers in Central Appalachia begin implementing policies and investments aimed at building a foundation for economic alternatives in coal-producing counties. A report released this morning by the consulting firm Downstream Strategies is a pretty good reminder why.

“The Continuing Decline in Demand for Central Appalachian Coal: Market and Regulatory Influences” expands on a January 2010 study and provides a detailed look at the challenges Central Appalachia faces, further making the case for the urgent need to act.

As the report’s lead author, Rory McIlmoil, who recently joined Appalachian Voices’ staff as energy policy director, points out:

Numerous factors influence demand for Central Appalachian coal, each of which has had — and will continue to have — a significant impact on the local economies where the coal is mined. In 2010, we recommended that state and local leaders take immediate steps to help diversify coalfield economies. To a large extent, that has not happened. However, it is vital that public officials begin making the political and financial investments necessary to build the foundation for new economic development opportunities in coal-producing counties.

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Mountaintop Removal 101: Congressional Research Service Updates Report


Thursday, May 2nd, 2013 | Posted by Brian Sewell



An updated report by the Congressional Research Service provides a look at the current legal and legislative challenges to mountaintop removal.

Every day, more Americans become concerned with the threat of mountaintop removal in Appalachia. Just yesterday, I was made aware of a website called “What About Mountains?” created by a fourth grade class at the Episcopal School of Knoxville. These students may just be learning about the issue, but they know that “mountaintop removal coal mining is not OK,” and seeing a photo of lush mountains reduced to “ugly blobs of land” is as fine a place to start as any.

Whether you’re in fourth grade or in your forties, it’s helpful to have a convenient compendium on the issue of mountaintop removal, especially considering the ever-evolving legal battles, status of bills on Capitol Hill, and state and federal level regulations. An updated report from the nonpartisan Congressional Research Service called Mountaintop Mining: Background on Current Controversies acts as a CliffsNotes for anyone concerned with the situation and interested in catching up.

The report summarizes the legal challenges, agency and congressional actions related to mountaintop removal and points out that, despite two recent court rulings underscoring the need for greater protections, few people on either side are please with the U.S. Environmental Protection Agency’s record on the issue. Mountaintop removal supporters complain of onerous rules that hamper employment and opponents point to poisoned water, unhealthy communities and shortened lives.

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Kentucky’s Lab Certification- Is it strong enough?


Wednesday, May 1st, 2013 | Posted by Eric Chance



Yesterday, Appalachian Voices submitted public comments on a proposed wastewater lab certification program in Kentucky. To discharge polluted water, coal companies must receive a permit under the Clean Water Act. This permit that requires companies to test wastewater and report the data to ensure it falls within the limits of the permit. In Kentucky, there are currently no standards for labs that do this type of testing.

The proposed certification program is a direct result of the lawsuits for falsified water monitoring data we filed against three of the state’s largest coal mining companies. Our investigation revealed that many coal companies were repeatedly submitting the same data and knowingly leaving out reports of any violations of their permits. After we filed these lawsuits, the Kentucky Energy and Environment Cabinet inspected the labs being used for this monitoring and found that in many cases they were not even capable of correctly performing the required tests.

This graph shows some of the inaccurate data submitted by Frasure Creek Mining before our lawsuits lead them to start using a new lab. Click to enlarge.

We believe that enforcing standards on labs used by coal companies will help ensure that labs report accurate data, and that the regulations meant to protect water and those that depend on it from dangerous pollution are effectively enforced. This proposed rule will be a big step forward and we have applauded the cabinet for its efforts to fix these problems. However, there are several weaknesses in the rule that we hope are fixed before it is finalized.

All too often the cabinet has failed to live up to its obligations to protect the people and environment in Kentucky. That is why our comments suggest that discretionary duties given to the cabinet in this rule be made mandatory. Appalachian Voices will continue to work to require the state agencies to actually enforce these standards.

>>Click here to see our comments
>>Click here to read the proposed lab certification rule
>>Click here to read the draft lab manual

Tennessee Tuesday: What Do We Do Now?


Tuesday, April 30th, 2013 | Posted by JW Randolph



This is a post about how we can improve life for Tennesseans, protect an American culture that has endured for centuries, and promote our beloved Appalachian Mountains that once stood higher than the Himalayas, and are now threatened by mountaintop removal coal mining.

Tennessee Tuesdays is a new weekly feature on the Appalachian Voices Front Porch blog. While our main goal is to end mountaintop removal, we also hope to spread the gospel of hope, bring light to issues facing Tennesseans, and offer solutions on how we can move our state toward a cleaner and more energy efficient future.

Are you from Tennessee or nearby? Introduce yourself in the comments and let us know what you’d like to hear about. For now, welcome! Have a cup of coffee and take a minute to enjoy your Tennessee Tuesday.

What’s been happening in Tennessee lately?

Tennessee Legislature 2013
My home state has been in the national news a lot the last few months and not for the greatest reasons. Our legislature was constant fodder for late night comedians (catch Daily Show and Colbert’s greatest Tennessee hits here, here, and here) and was generally considered a bumbling embarrassment for most Tennesseans who don’t respond to “Senator.”

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A Good Week for Mountains – Multiple Court Rulings Favor Science and Enforcement


Tuesday, April 23rd, 2013 | Posted by Brian Sewell



Earth Week is off to a good start after two major rulings in two days mean we may start seeing less of this.

We’re only two days into Earth Week — if we must limit it to one week out of the year — but it sure is getting off to a great start. In the past two days, two major court rulings have underscored the need for increased scrutiny from the federal agency responsible for evaluating environmental impacts of mountaintop removal coal mining according to the National Environmental Policy Act and issuing permits under the Clean Water Act.

Yesterday, the 6th U.S. Court of Appeals revoked the U.S. Army Corps of Engineers use of Nationwide Permit 21 (NWP 21), a streamlined and inadequate process that has contributed to the expansion of mountaintop removal in Appalachia since 1992. Kentucky and West Virginia residents, with the support of groups including Kentuckians for the Commonwealth, Kentucky Waterways Alliance and the Kentucky Riverkeeper, have challenged the legality of NWP 21 in state and federal court for a decade.

In its ruling, the three-judge panel called the Corps’ actions “arbitrary and capricious” and found that the agency did not follow the applicable Clean Water Act (CWA) and National Environmental Policy Act (NEPA) regulations, which require it to document its assessment of environmental impacts and examine past impacts before issuing new permits. From the ruling:

Though we generally give greatest deference to an agency’s “complex scientific determination[s] within its area of special expertise,” we may not excuse an agency’s failure to follow the procedures required by duly promulgated regulations.

After opting for streamlined nationwide permitting, the Corps took the easier path of preparing an environmental assessment instead of an environmental impact statement. Having done so, it needed to follow the applicable CWA and NEPA regulations by documenting its assessment of environmental impacts and examining past impacts, respectively. Failing these regulatory prerequisites, the Corps leaves us with nothing more than its say-so that it meets CWA and NEPA standards.

According to the Corps, approximately 70 surface mining permits authorized under NWP 21 qualify for a five-year accommodation to “provide and equitable and less burdensome transition” for coal operators. Whatever its impact on existing mountaintop removal permits, the ruling acknowledges that when it comes to protecting Appalachia, the Corps “say-so” is insufficient.

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“War on Coal” Claims are a War on Reality


Wednesday, April 10th, 2013 | Posted by Melanie Foley



A national average of 88,152 coal mining jobs under President Obama represents a 15 percent increase from the average under the Bush administration of 76,470. Graph by Appalachian Voices

The coal industry and the members of Congress who depend on its support have accused President Obama and the U.S. Environmental Protection Agency of waging a “war on coal.” Industry supporters argue that limits on emissions from coal-fired power plants and increased scrutiny of mountaintop removal mining permits are killing jobs. But the numbers show that, aside from being a tired rhetorical trope, the “war on coal” is also a myth.

This week, Appalachian Voices released an analysis of the latest data from the Mine Safety and Health Administration that reveals the fallacy behind “war on coal” claims. An average of 88,152 coal mining jobs under Obama represents a 15 percent increase from the Bush average of 76,470. Employment in 2011 and 2012 was the highest two-year period in 15 years. Each of the top 10 coal-producing states have seen more jobs on average under Obama than under Bush, and nine of those states saw higher employment in 2012 than at any point during the Bush years.

One of the main factors contributing to the employment increase is a decrease in productivity. Coal is growing scarce and difficult to reach, especially in Appalachia, and it takes more miners than it once did to mine the same amount of coal. Since its peak in 2000, productivity has declined 30 percent. Increased underground mining explains some of this decline since it requires more workers than large-scale surface mining methods such as mountaintop removal.

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What We Weren’t Allowed to Say


Thursday, March 21st, 2013 | Posted by JW Randolph



In this legislative session, Tennesseans’ voices were silenced. Here’s what I would have said.

Yesterday, I was honored to be called to testify before the Tennessee State Senate Committee on Energy, Agriculture, and Natural Resources, along with a friend, hero and colleague, Ann League. Ann is a property owner and resident of coal-bearing areas in Tennessee, who has lived in the shadow of Zeb Mountain. After Ann and I were called to the bench, Chairman Steve Southerland cut us off before we could sit down and say a word. The committee killed the bill on a procedural mechanism without ever allowing for discussion or taking a vote on its substance. This was despite the fact that thousands of Tennesseans from across the ideological spectrum have called for the passage of this bill. We have prayed, pleaded and lobbied on behalf of our mountains and mountain communities. Yesterday our voices were shut out, and our bill was ignored. If allowed to speak, here’s what I would have said:

“Good morning, my name is JW Randolph and I’m the Tennessee Director for Appalachian Voices.

I grew up outside of Birchwood, Tenn., in a log cabin my father built on the shores of the Tennessee River. Walking the hills and hollows of our state is how I learned what home means. Hiking and fishing out in the woods and waters is how I got to know the best of what our country has to offer, the best of what our state has to offer, and its how I got to know my family. These experiences taught me about freedom, self-reliance and responsibility.

Later in life I learned that not too far away, these same mountains were being filled with ammonium nitrate fuel oil and being brought down, poisoning the streams we ran through. These streams are no different than the one in Hamilton County where I proposed to my high school sweetheart, and where I now take our two year old daughter to learn how to skip stones.

Although she doesn’t quite yet understand, I try to explain to her the fact that when I was her age, there were 500 mountains in Appalachia that are no longer standing.

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Protecting Tennessee’s mountains? Not worth the Senate’s time.


Wednesday, March 20th, 2013 | Posted by JW Randolph



Despite broad citizen and political support for a bill protecting Tennessee’s mountains, the state Senate Energy, Agriculture and Natural Resources Committee today decided to not even allow public testimony on the measure and instead killed the bill.

SB99, the Scenic Vistas Protection Act, was slated to be heard by the committee during its usual meeting time at 9:30 (CST) this morning. The bill would prohibit mountaintop removal coal mining from ridges above 2,000 feet on the Cumberland Plateau.

Along with our good friend Ann League, a resident and property owner in Tennessee’s coal-bearing region, I had been scheduled to testify before the committee. But just as we were called up to speak, the chairman stopped us short. Several Members had left the room, and when none of the committee members offered a motion on the bill, the Chairman declared the bill dead, and we were not allowed to speak.

Despite the fact that Tennesseans from the left, right and center, and from a broad array of interests have come together to protect our mountains, our voices were silenced.

Instead, the senators chose to side with the coal industry whose political influence has long outlasted its ability to grow jobs in our state or protect the health and well-being of citizens in the coal region.

Two senators who have generally supported mountain protection, Ophelia Ford and Jim Summerville, didn’t come to the meeting, and a third, Charlotte Burks, who has voted for the bill in the past, left.

Update: We’ve posted my prepared statement here, and a powerful speech by Representative Gloria Johnson (D-Knoxville) here. The news has been picked up by outlets worldwide including Chinese television, Switzerland, Singapore, Businessweek, NBC News in states from coast-to-coast, and in dozens of outlets across Tennessee. Local blog Nooga.Com has a great summary

Stop Brushing off the Bad Stuff


Tuesday, March 19th, 2013 | Posted by Brian Sewell



However complex the causes of the ongoing health crisis in Appalachia, denial accomplishes nothing but the perpetuation of the status quo. Yet every time claims that could negatively impact the coal industry surface, Appalachian legislators throw up a black sheet.

West Virginia University professor and public health researcher Dr. Michael Hendryx’s latest article, “Personal and Family Health in Rural Areas of Kentucky With and Without Mountaintop Coal Mining,” appeared in the online Journal of Rural Health a couple of days ago. The study immediately gained the attention of Kentucky media, and supporters of the coal industry have been quick to write off Hendryx’s methods and conclusions — they just haven’t gotten around to reading it yet.

Hendryx has published more than 100 peer-reviewed articles. He’s the director of the West Virginia Rural Health Research Center and after receiving a Ph.D. in psychology, he completed a post-doctoral fellowship in Methodology at the University of Chicago. Little of that seems to matter, however, because much of his research is concentrated on poor health in Appalachian coal-mining communities, especially those where mountaintop removal takes place.

Like other studies Hendryx has conducted, the eastern Kentucky-focused article relies on comparing data gathered in counties with mountaintop removal to data from counties without it. More than 900 residents of Rowan and Elliott counties (no mountaintop removal) and Floyd County (mountaintop removal) were asked similar questions about their family health history and incidents of cancer to those that the U.S. Center for Disease Control uses in gathering data.

After ruling out factors including tobacco use, income, education and obesity, the study found that residents of Floyd County suffer a 54 percent higher rate of death from cancer, and dramatically higher incidences of pulmonary and respiratory diseases over the past five years than residents of Elliott and Rowan counties.

These results should surprise no one, least of all the families in Floyd County that participated in the study. Yet somehow, supporters of the widespread use of mountaintop removal still refuse to consider that blowing up mountains might impact human health.

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Tennessee Votes on Scenic Vistas Tomorrow. CALL TODAY!


Tuesday, March 12th, 2013 | Posted by JW Randolph



Call today and Urge Tennessee Legislators to Protect the Beauty and Economic Vitality of the Cumberland Plateau.

Tennessee legislators are scheduled to take up a critical vote tomorrow on the Scenic Vistas Protection Act — a good bill with broad, bipartisan support that would help one of Tennessee’s most important assets – our mountains.

Representative Gloria Johnson (D-Knoxville) will be carrying the bill (HB 43 / SB 99) in the House Subcommittee on Agriculture and Natural Resources, and Senator Lowe Finney (D-Jackson) in the Senate Committee on Energy, Agriculture, and Natural Resources.

Appalachian Voices urges you to call committee members and ask them to support the common sense “Tennessee Scenic Vistas Protection Act (HB 43 / SB 99)“.

House:
Chairman Ron Lollar (R-Bartlett) / 615-741- 7084
Curtis Halford (R-Dyer) / 615-741-7478
Andy Holt (R-Dresden) / 615-741-7847
Judd Matheny (R-Tullahoma) / 615-741-7448
Billy Spivey (R-Franklin) / 615-741-4170
John Tidwell (D-New Johnsonville) / 615-741-7098
Ron Travis (R-Dayton) / 615-741-1450
Brenda Gilmore (D-Nashville) / 615-741-1997 [This is a “Thank you!” as Representative Gilmore is a cosponsor of the Scenic Vistas bill.]

Senate:
Chairman Steve Southerland (R-Morristown)/615-741-3851
Mae Beavers (R-Mt Juliet)/ 615-741-2421
Jim Summerville (R-Dickson) / 615-741-4499
Mike Bell (R-Riceville) / 615-741-1946
Charlotte Burks (D-Monterey) / 615-741-3978
Ophelia Ford (D-Memphis) / 615-741-1767
Todd Gardenhire (R-Chattanooga) / 615-741-6682
Dolores Gresham (R-Somerville) / 615-741-2368
Frank Niceley (R-Knoxville) / 615-741-2061

Tell these legislators your name and let them know you are a Tennessean who cares about protecting our mountains. And please pass this along, so that legislators hear from as many Tennesseans as possible.

Talking points and bill information below…

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Renewed Resolve: Pushing for Energy Reform in Virginia


Wednesday, March 6th, 2013 | Posted by Nathan Jenkins



Appalachian Voices remains committed to achieving a more robust renewable energy policy that brings clean energy and good jobs to the commonwealth.

Reform of Virginia’s renewable energy law was in the spotlight on both sides of the political spectrum in the General Assembly this year. In the end, only a few adjustments were made to the law, none of which encourage the vibrant solar and wind industries that Virginians want, nor support a market for small businesses promoting renewable technologies.

But the shortcomings of Virginia’s latest legislative session have only strengthened Appalachian Voices’ resolve to achieve a more robust renewable energy policy that actually brings clean energy and good jobs to the commonwealth.

Laws have been enacted in 38 states to encourage the development of the renewable energy industry – and they have ushered in cleaner air and job growth. In some of those states, the industry is growing exponentially, in thousands of jobs and tens of thousands of clean megawatts.

Virginia has had a renewable energy law since 2007, but utilities have purchased credits rather than investing in Virginia jobs. At times, state law has been interpreted so that utilities cannot invest in renewable energy despite the enactment of renewable energy goals.

Appalachian Voices hoped to fix that during this year’s legislative session by advocating for a requirement that Virginia utilities could only use new wind and solar power built in Virginia to satisfy the law. Instead, a law spawned by Virginia Attorney General Ken Cuccinelli simply removed financial incentives for renewable energy and ignored our fix, despite support from the utilities.

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Help Protect Kentucky’s Fish from Toxic Selenium


Wednesday, February 27th, 2013 | Posted by Eric Chance



Two headed trout, a result of selenium pollution. Courtesy of USFWS.

The Kentucky Energy and Environment Cabinet is currently attempting to significantly weaken the state’s water quality standards for selenium.

Selenium is a pollutant common at some coal mines that deforms and kills aquatic life. It bioaccumulates, increasing in concentration as it moves up the food chain, affecting larger fish and aquatic birds. At higher levels, selenium is toxic to people. Humans can be exposed to selenium through the water they drink and the fish they eat. Long-term exposure can damage the liver, kidneys, nervous system, and circulatory system.

Selenium pollution is expensive to prevent and to treat. By loosening standards, the cabinet is trying to protect the bottom line of polluters at the expense of the health of the state’s waterways and those that depend on them.

To learn more about selenium and why it is a problem in Kentucky, click here to read our selenium fact sheet (PDF).

Public comments are being accepted through Friday, March 1. Please help protect Kentucky’s fish from the toxic effects of selenium. Take a minute to make your voice heard by submitting a comment.

Even The Daily Show has taken note of the problem of selenium pollution in our nation’s waterways. The clip focuses on pollution from phosphate mines in Idaho, but the similarities between what happened there and what is going on in Kentucky are striking.

Lesson Learned: The Buffalo Creek Flood


Tuesday, February 26th, 2013 | Posted by Brian Sewell



Inspecting the Aftermath: Residents of Buffalo creek worried constantly about the stability of the slurry dams upstream. Nothing was done. Photo courtesy of West Virginia State Archives.

I woke up this morning to a frozen world. Fog and ice descended on the hills above Boone, N.C., last night and are still waiting around for the thaw. It was silent other than the periodic crack of a branch and the following echo that bounced around the hills. Stepping outside after reading Ken Ward Jr.’s remembrance of the Buffalo Creek Flood, I wondered if this stillness was similar to what the residents of communities in Logan County, W.Va., felt that morning 41 years ago today.

To contain the refuse of a coal preparation plant operated by Buffalo Mining Co., a series of three dams were built upstream from the communities along Buffalo Creek in the 1950s and 60s, as Logan County continued to grow into one of southern West Virginia’s prolific coal-producing counties. Dam No. 3, the largest, stood 60 feet above the pond and downstream dams below. When it gave way on the cold morning of Feb. 26, 1972, the others collapsed instantly.

The poor construction and regulation of coal waste impoundments that precipitated the Buffalo Creek Flood intensified during boom times when coal preparation plants used more water and produced more slurry just to keep up with coal production. As Jack Spadaro, a former superintendent at MSHA’s Mine Health and Safety Academy, told me for a story last year, “All along, as these dams were being built, they weren’t really constructed using any engineering methods. They were simply dumped, filled across the valley.”

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Virginia Transportation Board OKs Coalfields Expressway Project


Thursday, February 21st, 2013 | Posted by Nathan Jenkins



Approved on Wednesday by the Commonwealth Transportation Board, the redrawn route prioritizes Alpha Natural Resources' access to coal, not travelers' access to local communities. Click to view the full-size map.

Yesterday, Virginia’s Commonwealth Transportation Board approved a four-lane divided highway that will flatten steep mountain ridges in southwest Virginia along a route proposed by Alpha Natural Resources — the largest coal company operating in Appalachia today.

The proposed 26-mile Coalfields Expressway is only a few miles off of several less destructive routes studied by the Virginia Department of Transportation in 2001 when it conducted a detailed environmental review of the area. The difference is that VDOT looked for a suitable place to build a highway. Alpha and other coal companies such as Rapoca Energy, on the other hand, selected the most profitable route for surface mining, using the highway as justification for the environmental toll they would inflict along the way.

This difference in purpose of the proposed routes is apparent when you look at the estimated impacts. The route VDOT selected in 2001 would have a 750-foot right of way that would disturb about 1,100 acres of land, four miles of streams and 720 acres of forest. Those impacts alone are daunting, but they pale in comparison to the redrawn route. Alpha’s path of destruction, with its 2,200-foot right of way, would flatten more than 2,100 acres, bury 12 miles of streams and clear-cut more than 2,000 acres of forest — not to mention destroy two churches and three cemeteries.

Nevertheless, VDOT sees this “coal-synergy” project as beneficial because it will cost taxpayers $2.8 billion to build, as opposed to the projected $5.1 billion without collaboration from the coal industry. The savings are disputable, however, and do not factor in the environmental cost of the road’s relocation. VDOT’s rush to make this project a reality has led them to disregard recommendations from the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service — all of which are asking for a full environmental review of the new route.

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A Clearcut Connection Between Mountaintop Removal and Climate Change


Wednesday, February 20th, 2013 | Posted by Melanie Foley



Mountaintop Removal and other destructive land uses could turn the Southern Appalachians from a carbon sink to a carbon source in as little as 12 years.

Scientists from the universities of Kentucky and California recently released a study detailing the climate implications of coal extraction by mountaintop removal. If coal mining continues at its current pace, the authors predict the next 12 to 20 years will see Southern Appalachian forests switch from a net carbon sink to a net carbon source — meaning the area will emit more carbon than it takes in.

Consequently, ending mountaintop removal may have more environmental benefits than originally realized. The long-standing goals of mountaintop removal opponents have been to protect human lives, improve drinking water, and support ecosystem health. This new research shows that ending this destructive mining practice would also be a victory in the fight against climate change — and not just by moving away from dirty coal.

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President Obama Focuses on Energy Jobs


Wednesday, February 13th, 2013 | Posted by JW Randolph



Climate, Energy, Efficiency Feature as Key Pieces of SOTU

The first “State of the Union” address of President Obama’s second term had a little something for everybody. The President was aggressive about the need to tackle the problem of climate change, while using broad economic language to describe the potential benefits of growth in solar, wind, energy efficiency, and increased oil and gas exploration and consumption.

About the only energy industry the President didn’t throw a verbal bone to was the coal industry. But that doesn’t mean Appalachia isn’t directly implicated in some of the President’s new proposals.

Perhaps most importantly for our region, was how enthusiastically the President pushed rapid American investment in energy efficiency, saying:

I’m also issuing a new goal for America: let’s cut in half the energy wasted by our homes and businesses over the next twenty years. The states with the best ideas to create jobs and lower energy bills by constructing more efficient buildings will receive federal support to help make it happen.

We live right here in the Saudi Arabia of energy waste – the southeastern United States. As such, Appalachian Voices staff and members listened to this proposal with great interest. Energy efficiency is the lowest hanging fruit to negate and replace declining coal demand. It is cheap, clean, and creates loads of good jobs while lowering electricity demand. Few places are better suited to take advantage of the enormous potential of energy efficiency than Appalachia and the southeastern United States, and efforts to use our resources more wisely could provide an out-sized benefit to our historically wasteful region…

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“I’m Here Because I Love Mountains:” Watch a speech by Appalachian Voices’ JW Randolph


Tuesday, February 12th, 2013 | Posted by



On Feb. 8, Appalachian Voices Tennessee Director, JW Randolph, spoke to members of the state legislature, the media and the environmental community. Below is a video and the transcript of his speech in support of the Tennessee Scenic Vistas Protection Act, a bill to protect the state’s virgin ridgelines from mountaintop removal coal mining.

Hello, my name is JW Randolph, and I’m proud to serve as the Tennessee Director for Appalachian Voices. I’m here to speak with you for a few minutes about efforts to protect Tennessee’s mountains, but first I want to thank the members that have joined us here this morning. Chairman Southerland and Representative Gilmore have both supported the Scenic Vistas Protection Act, and we’re happy you’re here. We’re thankful to you both and look forward to continuing to work with you to pass this important legislation. I would also like to thank those in attendance for engaging in the democratic process, and finally I’d like to thank the Tennessee Environmental Council, Gretchen Hagle, John McFadden and your team. You guys are great leaders in this movement here in Tennessee and for us here on Capitol Hill, we all appreciate you and the work you do.

I’m here because I love mountains. I grew up in a log cabin my father built in the woods, on the banks of the Tennessee River. And like many of you, I got to know my family, my place, and our history through walking the beautiful woods and waters of middle Tennessee, fishing, hiking, and 4-wheeling. The time spent in these mountains taught me about freedom, responsibility and self-reliance. This was where I learned the best of home, the best of our state, and the best of what our country has to offer. As I got older, I learned that not too far away, near our ancestral land, coal companies were blasting apart the mountains, and poisoning the streams that we ran through.

My daughter will turn two years old this month. When I was her age, there were 500 mountains across Appalachia that are no longer there. Since then there have been 2000 miles of streams buried by mining waste, and 125-square miles of The Cumberland Plateau that has been altered irrevocably. That is why its important that Tennesseans join the effort to pass the Tennessee Scenic Vistas Protection Act.

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Kentucky Attempts to loosen Selenium Standards, Fish Attempt to Leave the State


Friday, February 8th, 2013 | Posted by Eric Chance



Fish deformed by selenium pollution

The Kentucky Energy and Environment Cabinet is in the process of making the state’s water quality standard for selenium less stringent. Selenium is a metal that is especially toxic to fish, and is often released into streams through coal mining.

There will be a hearing before the Administrative Regulation Review Committee on Monday February 11, at 1 p.m. in Room 149 of the Capitol Annex, where, according to the Energy and Environment Cabinet website, the public “may” be able to speak out about this, but we still encourage concerned citizens to attend.

Selenium is a toxic nonmetal that is present in some coal and coal ash. Some of Kentucky’s mines release a lot of selenium because they are mining high-selenium coal seams, while others don’t release any.

Selenium is extremely toxic to fish in very low amounts because of its tendency to bioaccumulate. Selenium builds up in small fish and macro-invertebrates, and it accumulates even more in the fish that eat them. Toxic effects of selenium in fish include reproductive problems, deformities, damage to gills and organs, and death. The most obvious deformities are strangely curved spines, and “pop eye” — a buildup of fluid behind the eyes, causing them to bulge out.

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N.C. Environmental Commissions Under Attack by Senate Bill 10


Wednesday, February 6th, 2013 | Posted by Davis Wax



Update: In about 48 hours, with almost no chance for public input, the North Carolina state Senate passed a poorly designed bill to fire all current members from several N.C. advisory boards and commissions, including the Utilities Commission and Environmental Management Commission. Give your state Rep. a call today and ask that they oppose this legislative overstep and actually govern. [http://www.ncleg.net/representation/WhoRepresentsMe.aspx]

An unprecedented power grab is in the works in North Carolina, where Republican majority leaders are looking to cut and replace environmental and other key decision-makers on the party’s own terms.

State Sen. Bill Rabon introduced SB 10 aimed at removing environmental experts from state committees. Photo credit to ncleg.net.

The N.C. Senate Rules Committee met on Feb. 5 concerning Senate Bill 10, the “Government Reorganization and Efficiency Act,” legislation that seeks to remove 131 members of eight influential state boards and commissions before their terms are up. This action would see the effective gutting of environmental experts from the state’s decision-making process and the likely appointment of new, pro-industry members.

If there were ever a time to send a message to your North Carolina state senator, it would be now. Call them or email them today!

Among the committees being affected are the Coastal Resources Commission, the Environmental Management Commission, the Industrial Commission, and the Wildlife Resources Commission. Most importantly, the bill would allow the General Assembly and the governor to hand-pick replacements.

The number of environmentally-focused boards possibly being stripped of their membership could spell disaster for ongoing projects concerned with regulating pollution and protecting the environment. The new commission members would not have the level of expertise or the familiarity with the projects of current members, thus ensuring the degradation of the state’s progress toward proper environmental protection.

That’s not the whole story, though, as further steps are being taken to weaken the influence of environmentally-conscious voices in the legislature.

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