Appalachian Voices is pleased to commend West Virginia Democratic Senator Robert C. Byrd, Senator Jay Rockefeller, and Congressman Nick Rahall for standing up to Massey Energy, and demanding that the company pay to relocate Marsh Fork Elementary. Their words are an encouraging sign that the efforts of coalfield citizens to protect their health and communities is being heard at the highest levels, and that some relief may be on the way.

Senator Byrd led the way with the following words Wednesday afternoon (via Coal Tattoo).

“Such arrogance suggests a blatant disregard for the impact of their mining practices on our communities, residents and particularly our children. These are children’s lives we are talking about,” said Byrd.

“If Massey were not operating near Marsh Fork Elementary, we would not be debating what to do about moving these young students someplace safer. This is not the taxpayers’ burden to remedy. This is Massey Energy’s responsibility to address.”

Byrd added that, “Let me be clear about one thing – this is not about the coal industry or their hard-working coal miners. This is about companies that blatantly disregard human life and safety because of greed. That is never acceptable.”

“At a time when coal is under such close scrutiny, coal companies operating in West Virginia should be working together to put their best foot forward. For the sake of the entire coal industry, Massey Energy should strive to be a better and more responsible corporate citizen. And for the sake of the kids, they should address these serious environmental concerns at Marsh Fork Elementary immediately.”

Senator Byrd, as he so often has, is able to sum of what many of his constituents in the communities around Marsh Fork have been feeling for a long time. These are children’s lives at stake, and its not up to Massey or anyone else to play political games with our kids’ lives. Senator Byrd even gets in a dig at Don Blankenship’s political action committee, which is called – ironically – “And for the sake of the Kids.”

Congressman Rahall and Senator Rockefeller were equally unequivocal in their statements that the kids and the communities deserve better from Massey.

Congressman Rahall represents West Virginia’s third district, where Marsh Fork Elementary is located. He indicated that such a move could even help build public goodwill towards the coal industry.:

I certainly agree with Senator Byrd. Massey Energy should take this significant step of helping to replace the Marsh Fork Elementary School so that these children no longer have to fear the threat of adverse health effects of nearby coal operations. It would go a long way toward improving the good will of the public toward that company and the coal industry.

And junior Senator Jay Rockefeller stated clearly:

“The hazards around Marsh Fork Elementary have been weighing heavily on the minds of parents in the Marsh Fork community for some time. Protecting our children is our first and most fundamental obligation, and it is right to expect the company to help pay for the solution.”

Appalachian Voices extends our thanks to these officials and hope that they will do everything in their power to protect the children, communities, mountains, and streams from the hazards of mountaintop removal and coal slurry.

It seems all the coal industry has left is scare tactics:

“We’re scared. We’re scared for the future of the state. We’re scared for the future of the industry, and we’re mostly scared for the future of our people,” said Bill Raney, President of the West Virginia Coal Association. “They want to stay here and they want to do what they do best and that’s mine coal.” . . . “This recession isn’t going to last forever. Coal demand picks up, electricity demand picks up, we’re going to be left flat with no place to go, no place to mine because we don’t have permits because somebody traded their jobs for mayflies,” Kitts said to the crowd.

Hey, guys…

WV coal-mining employment 1880-2008

Appalachian Poverty and MTR

I’d also recommend you read the recent Hendryx study from WVU, about how coal-mining’s losses outweigh it’s benefits by $42 billion every year, including 100s-1000s of early deaths in Appalachia.

are here (.xls)

100% of the MTR permits (79 of 79) were kiboshed.

Why is the number of permits 79 and not 86 or 108?

Via EPA’s Q&A:

An initial list of 108 pending Clean Water Act permit applications for proposed coal mines was provided by the Corps and published at the same time as the June 11, 2009 MOU. The original group of 108 projects included 13 projects whose permit applications have subsequently been withdrawn by the mining company, 8 projects for which permit issuance was imminent and occurred prior to, or concurrent with, the publication of the list, 3 projects for which an ongoing enforcement action currently precludes a permit decision, 1 permit application not complete, 1 project for which the work does not require a permit, and 5 underground mining projects determined not appropriate for the ECP. Also, 2 additional projects were added to the original list. In summary, 31 projects were removed from the original list of 108, and 2 were added, resulting in a total of 79 projects identified as remaining on the ECP list

Says Congress Should Follow-Up By Approving Clean Water Protection Act (HR 1310)

“I fully support EPA’s decision to halt these permits and applaud the agency for recognizing the importance of protecting clean water. Clean and healthy water is a requirement for healthy people, especially growing children. Congress should follow through on this momentum and pass the Clean Water Protection Act to completely shut down the devastating practice of mountain top removal and to preserve clean water.”

Don’t miss this commentary by Sierra Club’s Bruce Nilles and Mary Anne Hitt at DailyKos.

And the National Mining Association weighs in, via Coal Tattoo

“EPA’s announcement today to halt 79 pending coal mining permits continues the moratorium on Eastern coal mining that jeopardizes the livelihoods of tens of thousands of American workers and their communities.
“By deciding to hold up for still further review coal mining permits pending in West Virginia, Kentucky, Ohio and Tennessee, the agency damages a weak economy struggling to recover in the worst recession in post-war history. “EPA has adopted its own process and criteria for reviewing coal mine permits that is the responsibility of the Army Corp of Engineers. No one outside of EPA –not even the Corps – knows what criteria EPA has used to now find these 79 permits insufficient. Permit applicants do not know what conditions outside the bounds of the existing regulations they must meet to obtain a permit.
“In effect, EPA is imposing new regulations that have not been proposed or publicly reviewed as required by law. This action reinforces our earlier call for a transparent process that gives coal operators confidence in the regulatory process.
“We’re at a loss to understand how EPA’s moratorium on coal mining aligns with the public interest and the Administration’s attempt to restore economic growth and create high wage jobs.”

Kate Sheppard has a good piece at the Washington Independent, and Ken Ward over at Coal Tattoo breaks this down in traditional Coal Tattoo style.

Environmental Groups Cautiously Optimistic Over News

– – – – – –
CONTACT:
Dr. Matthew Wasson, Appalachian Voices – 828-262-1500
Stephanie Pistello, Appalachian Voices – 917-664-5511
– – – – – –

The U.S. Environmental Protection Agency today announced the preliminary fate of 79 valley fill permit applications associated with mountaintop removal coal mining. In a move that pleased environmentalists and coalfield residents in central and southern Appalachia, the EPA recommended that none of the 79 permits be streamlined for approval.

This decision is not final, but is part of a coordination procedure outlined in a June “memorandum of understanding” between the Environmental Protection Agency, the Army Corps of Engineers, and the Department of Interior to deal with a backlog of permits held up by litigation over the past few years. The EPA has promised a more stringent and transparent review of all mountaintop removal valley fill permit applications.

Willa Mays, executive director for Appalachian Voices, a regional environmental group, was delighted about the EPA’s preliminary list. “By recommending these permits not be approved, the EPA and the Army Corps has demonstrated their intention to fulfill a promise to provide science-based oversight which will limit the devastating environmental impacts of mountaintop removal mining,” Mays said. “EPA Administrator Lisa Jackson, Army Corps’ Assistant Secretary Jo-Ellen Darcy and Principal Deputy Assistant Secretary Terrence “Rock” Salt have shown exceptional leadership. This is indeed good news especially paired with the fact that 156 members of the House of Representatives are now cosponsors of the Clean Water Protection Act.”

The reaction from coalfield residents was mostly optimistic. Chuck Nelson, retired union coal miner from Glen Daniel, W.Va., and board member of the Ohio Valley Environmental Coalition said, “By recommending these permits be further reviewed, the EPA is allowing at least a temporary reprieve for the people of Appalachia. It appears the EPA is starting to take the concerns of coalfield residents into account when considering these permits.”

Vernon Haltom, co-director of Coal River Mountain Watch in Raleigh County, W.Va., was excited about the announcement. “We who live with the nightmare of mountaintop removal are glad that the EPA is beginning to do its job to protect our communities,” he said. “Our life-giving water resources are priceless, and it’s refreshing to see the EPA finally prioritizing them over coal companies’ short-term profits.”

As outlined in the memorandum, EPA Regional offices will be given 14 days to review and comment on the EPA Headquarters’ recommendations, after which EPA Headquarters can finalize the list.

If the EPA Regional offices agree with the EPA Headquarters’ assessment that these permits have “substantial environmental concerns,” an “enhanced coordination” process will begin, where the EPA and the Army Corps will study each permit on a case-by-case basis. The beginning of each coordination process sets off a 60-day period during which the two agencies must resolve any permit applications. The EPA reserves the right to exercise their veto authority over any of the unresolved permits.

In the past, the EPA was primarily absent from the approval of mountaintop removal permits, allowing the Army Corps to essentially “rubber-stamp” them. “The whole permitting process had become a bit toothless,” EPA Administrator Lisa Jackson admitted in a recent interview with the Tampa Bay Press. “The Corps of Engineers understands [that] when the EPA has concerns, it’s going to raise them. We’re going to do our jobs.”

In 2002, the Bush Administration expedited the permitting process by classifying mining waste as acceptable “fill material” as defined by the Clean Water Act. Valley fills are created when toxic debris from mountaintop removal mining is dumped into valleys adjacent to the mine sites, burying headwater streams and permanently damaging the hydrology of the watershed system.

“I’m glad the EPA has admitted they have some responsibility for protecting people and nature from mountaintop removal,” said Cathie Bird of Save Our Cumberland Mountains in Tennessee. “But I worry they still don’t get it. This brutal practice kills whole communities and watersheds, and it should be banned, not one permit at a time but once and forever.”

To view the permits in map form, visit the Permit Shortlist Google Map created by Appalachian Voices at www.ilovemountains.org/epa-permit-list.

EPA HQ will withhold 79 MTR valleyfill permits, sending them back to EPA regional offices

Today, EPA announced that they will be withholding 79 mountaintop removal and valleyfill permits for further review. More info and action tools forthcoming…

EPA goes through basic questions and answers about what this means here. (.pdf)

We Will ask the Senate Energy and Natural Resources Committee to Reject his Nomination

Next Tuesday at 2:30 the Senate Energy Committee will consider the nominiation of Joe Pizarchik to head the Office of Surface Mining, Reclamation, and Enforcement.

Appalachian Voices believes that Joseph Pizarchik is the wrong individual to direct the Office of Surface Mining Reclamation and Enforcement (OSMRE). His record in Pennsylvania gives us grave concerns about his ability and willingness to protect the communities and natural resources in the coal-bearing regions of our country. In particular, we have doubts about his ability to protect Appalachia’s dwindling water resources from mountaintop removal mining operations which are devastating our mountains and headwaters.

With Mr. Pizarchik as legal council to Pennsylvania’s mining program, and then Director of the Bureau of Mining and Reclamation in the Pennsylvania Department of Environmental Protection (PADEP), citizens have suffered from a bureaucratic indifference toward meeting the purposes of the Surface Mining Control and Reclamation Act (SMCRA).

Three foundational purposes behind the passage of SMCRA in 1977 were to “establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations” to “assure the rights of landowners” and “protect the environment.”

Mr. Pizarchik has exhibited a bureaucratic indifference which has led to this distortion of the original intent of the law.

1. A 2007 independent review of the Pennsylvania Department of Environmental Protection’s own monitoring data has revealed that 10 of 15 mine sites where coal ash has been “beneficially used” are contaminating surface and groundwater.

2. In a consensus report, National Research Council scientists concluded that Mr. Pizarchik’s program of alleged “beneficial use” of coal ash in mines did not use safeguards needed for this practice.

3. A federal court ruled Mr. Pizarchik’s bonding program failed SMCRA’s bonding requirements to prevent water pollution.

4. Mr. Pizarchik attempted to prevent citizens from obtaining probative information under the Freedom of Information Act.

5. Mr. Pizarchik was involved in amending regulations under Pennsylvania’s Coal Refuse Disposal Control Act to allow variances to fill valleys with coal processing waste which have obliterated dozens of miles of Pennsylvania streams

6. Mr. Pizarchik’s long wall mining policy has devastated homes, destroyed streams and water supplies and violated the rights of landowners.

For the reasons stated above, we respectfully ask that the OSMRE be led by someone who will break the mold of indifference to landowner rights and environmental damage and “protect society and the environment from the adverse effects of surface coal mining operations.” Mr. Pizarchik is not the appropriate choice for the position, and we ask the Senate Committee on Energy and Natural Resources to reject his nomination.

Building on Jeff Biggers’ message
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Happy labor day everyone. This day carries special significance in Appalachia, particularly for our coal miners. We look at it with special attention today as, Don Blankenship, Ted Nugent, Sean Hannity and several far-right extremists are holding a protest – opposite the actual UMWA labor rally – meant to whip up the fervor against those of us working to address climate change and mountaintop removal. They are holding the “rally” because, in Don Blankenship’s words:

If big biz and gov’t are working against American workers, who will support them?

Despite the fact that they are working to draw attendance away from the labor rally, this event is titled the “Friends of America” rally, and it is being hosted by a swath of sordid characters with extremist union-busting pasts, and a history of inciting violence against those they disagree with.

For instance, on his website, Sean Hannity asked Which Type of Revolution Would you Prefer?
The choices?
a) military coup
b) armed rebellion
c) war for secession

You know what is missing? D) “democratic elections.” Hannity and those like him refuse to recognize the legitimate elections which have taken place over last 4 years. His extremist views are unpopular and can not command a majority of American voters. So his only choice is to offer his viewers violent alternatives.

Ted Nugent has a long and equally sordid history, recently telling the now-President of the United States to “Suck on His Machine Guns.” Hannity defended this statement on his television show.

Massey Energy CEO Don Blankenship is equally notorious, telling an ABC reporter who was attempting to report on Blankenship’s dealings with a WV Supreme Court justice in the French Riviera:

If you’re going to start taking pictures of me, you’re liable to get shot.

Not to mention that Massey pulled in $20 million of profits last quarter while making huge layoffs and being fined millions for clean water act violations.

So, today they gather to incite fervor and hatred of those of us who are working to protect our climate, protect our mountains, and protect and promote Appalachian jobs. For those who are not familiar with the history of violence against those working for progress in the coal mines, I suggest you read about the Appalachian mine wars or the Battle of Blair Mountain. The threat of violence is not an idle one in Appalachia to this very day. In a now famous instance, a supposed coal-miner invaded a July 4th picnic on Kayford Mountain this year and threatened to kill a father and his child by slitting his throat.

A letter printed just last week in the WV Register Herald called out two local women by name, saying:

Honestly, you threaten my livelihood or the well-being of my family I might attack you too.

One of the women has already been assaulted while protesting the destruction of her home. Their tactics are disgusting.

But why do they have to resort to such tactics? Why aren’t they using empirical data and sound science to back up their assertion that treehuggers are taking their jobs? Because people like Don Blankenship know that position is indefensible. I’d like to take a few minutes to refute their premise, and make a few suggestions on how we can promote jobs in Appalachia.

Lets start with a simple statement. The coal industry is killing Appalachian jobs.

Lets look at historical coal employment in the state of West Virginia.

According to the WV Department of Mine Safety, Health, and Training, the peak employment in West Virginia mines was 130,457 workers in the year 1940. The latest employment data for a full year shows just 21,190 miners for 2008 (equal to the year 1897). Generally about 5-6,000 of those are surface miners in West Virginia although the numbers for May 2009 show a drop in surface employment to just 3,457 in WV. For the curious, KY numbers are similar.

The coal companies have made a career out of union-busting and cutting jobs. Mountaintop removal is used specifically because it takes the miner out of the mine, and lowers overhead costs for coal companies. This has resulted in 115,000 fewer mining jobs in West Virginia alone. Less than 15% of surface miners in WV are unionized. For all underground and surface miners in WV, just about 1/4 are unionized. The numbers for Kentucky are even worse.

As outlined by Dr. Hendryx of WVU, the counties with the highest amount of mining are the counties with the highest unemployment, highest poverty, highest mortality, and lowest life expectancy.

The Hendryx study found that coal-mining’s costs outweigh the benefits to Appalachia by $42 billion per year. Mining areas fared significantly worse across all socioeconomic and mortality indicators compared with non-mining areas of Appalachia and/or the nation. These conditions worsened as levels of mining increased. Hendryx also notes that as strip-mining increases and underground mining decreases, areas with heavy mining have the highest unemployment rates in the region, contrary to common perception that mining means jobs.

So, the question becomes: How do we honor and promote jobs and economic development for coal miners and citizens in Appalachia.

My recommendations:
1) Stop mountaintop removal and return to traditional deep-mining, which keeps our mountains intact and employs more workers underground and off-site.
Not only is stopping mountaintop removal likely to inspire more economic diversification in Appalachia, but simply putting miners back to work underground will do more than enough to offset mountaintop removal jobs. What industry is going to want to move into an area where foundations are cracking from unstable ground and the water is completely ruined?

2) Invest heavily in energy efficiency.
An Appalachian Regional Commission study shows that investing in energy efficiency would bring 15,000 jobs a year to the Appalachian region. That is more workers per year than currently work on mountaintop removal sites total.

3) Invest in green jobs and renewable energy.
Coal River Mountain Wind is one of many instances where we can create more jobs and more energy from renewable sources than coal. Small-scale locally-owned wind farms could provide even greater economic benefit to the Appalachian region than utility scale wind.

4) Reclaim the mess made by mountaintop removal
Turn that bulldozer around and start rebuilding what has been lost. It will take decades, at least, to clean up the mess that has been made in Appalachia from mountaintop removal. But it must be done if we are to restore our home and bring long-lasting economic prosperity to the Appalachian region.

5) Honor the American miner
People across America fail to recognize the contributions that coal miners have made to our nation, to the labor movement, to our military, and to our industry. I agree with Jeff Goodell that there should be a monument to coal in every city and town in the United States. Coal has helped America achieve industrial and military greatness and has powered our successes in the 20th century. But we now know that Appalachian coal supplies are dwindling, and that coal mining as we know it destroys our mountains, streams, communities, and our very climate. We have got to provide new economic opportunities beyond coal-mining in Appalachia if we are to preserve our heritage and culture, and if we are to allow our children a safe and whole place to grow up. But we must recognize the value of what coal-miners have fought and died for over the last several centuries if we are to carry their legacy into our changing world here in the 21st century.

Proudly Sponsored by Verizon Wireless
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WARNING: This video of Ted Nugent may be a little too American for the workplace, and definitely contains too much “freedom” for children. Mr. Nugent has some choice words regarding his machine guns and the President of the United States. Ted Nugent will be the featured emcee of the Verizon Sponsored “Friends of America” pro-mountaintop removal protest. Again, view Mr. Nugent at your own risk.

Rachel Maddow mentioned our work to expose FACES of Coal earlier tonight [below]. Please also check out DeSmogBlog, Jeff Biggers, and ThinkProgress who are breaking and building upon this story as we speak. Meanwhile, Josh Nelson at enviroknow brings the heat to Bonner and Associates, who are trying to scapegoat a single temp employee for their Congressional forgeries. Looks like they have a lot of explaining to do…

Apologies for not being able to improve the size of the video with MSNBC embeds. Enjoy, and please email the show to tell them THANK YOU for covering coal industry astroturfing and mountaintop removal coal-mining.

Feel the grassrootsfulness!

Update: Brad Johnson at ThinkProgress has MUCH more.

Earlier today we reported that Adfero, a DC based PR firm, was hosting FACES’ website. The site which allowed you to see who Adfero is hosting was then blocked throughout the day, but has now returned. Fortunately, our friends at DeSmogBlog were smart enough to grab this screenshot below. As of this second, you can also see for yourself here.

Adfero’s mission, according to its website.

Our mission is to provide the most sophisticated public relations services to advance our clients’ public policy or business agendas.

Doesn’t sound that that grassrootsy to me. Again, props to Jim Hoggan, Kevin Grandia, and DeSmogBlog for bringing this information to light. I’m sure they’ll continue to pull this thread and uncover more information about who is behind this organization.

Additionally, and significantly, FACES may not only lack support outside the stock-photo world, but they may also be in violation of istockphoto’s terms of use.

According to parker parrot at DailyKos:

We all love iStock BUT…there are rules about use. This is prohibited:

Use that depicts personal endorsement by model

See here.

They are operating on a fine line here. I think I’ll let the owners of the images know and they can decide if the images are being used correctly.

Recently, the GLBT organization Good As You caught an opposing organization using images in such a manner. That organization was forced to change the photos on their website. Check out their story.

Also, FACES is on Twitter (@FacesofCoal), and a compilation of all these iStockPhotos is their twitter background image. Just sayin…

The Farce Continues

We’ve touched on the fact that the new coal industry front group “FACES” has yet to come forward with a list of their members. Well, thanks to a few new media> gumshoes, including our own Jamie Goodman and our friends at DeSmogBlog, we’ve learned that not only is FACES hosted by a K-Street firm called Adfero, but all of the “FACES” of coal are actually just istockphotos. They couldn’t even get real photos of their supporters.

Exhibit A

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Exhibit B

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Exhibit C

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Hmmm, I think I’ve seen these faces before. (Thanks Jed!)

Update I: Our crack team discovered a few more stockphotos overnight. They are posted below the fold.
Update II: It seems the “Adfero” link which was working last night, has been hidden and made private. Hopefully someone got a screenshot before it was closed.

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