The Front Porch Blog, with Updates from AppalachiaThe Front Porch Blog, with Updates from Appalachia

FOIA Lawsuit Filed to Gain Peabody Coal-Mining Records for Operations on Tribal Lands in Northeast Arizona

Friday, October 8th, 2010 | Posted by Jeff Deal | No Comments



The Black Mesa Mine

Read more about the suit at the following links below:


20,000 Clean Water Act Violations equals attack of the lawsuit!

Friday, October 8th, 2010 | Posted by Jillian Randel | No Comments

Yesterday’s press release made its rounds quickly as our WaterWatch team here at Appalachian Voices announced its legal action against three coal mining companies for violations (and violations… and violations…) of the Clean Water Act.

ICG (International Coal Group) has already responded in a furious attempt to label us as an “anti-mining group” and accused us of “attacking” them. Considering that they have committed over 20,000 violations of the Clean Water Act in two years it’s hard to take these companies seriously when they accuse us of attacking them. Our “attacks” come only in response to their extreme attacks on the water supply, human health, and the environment of Appalachia.

On the contrary, the Kentucky State officials have responded that they are taking the allegations seriously and are ready to investigate. Here is a quote from the Governor’s office:

In a statement provided through his spokeswoman, Gov. Steve Beshear said: “These allegations are serious, and I have directed the Cabinet to investigate these claims. We will look further into the issues raised in the notice by these groups.”

The news is spreading on the web like wildfire. Check out the web-sites below to learn more:

The Ashland, Kentucky Independent: Coalition announces intent to sue coal companies Environmentalists claim 20,000 alleged violations in Kentucky

Louisville Courier-Journal: Environmentalists claim Kentucky coal mines faked water data


Lexington Herald Leader: Two Kentucky coal companies accused of fraud; advocacy groups intend to sue.

Institute for Southern Studies Facing South: Coal companies charged with massive violations of water pollution laws in Kentucky

Business Week: Groups claim mines polluting water in eastern Ky

Creative Loafing-Charlotte, NC: Coal companies sued for more than 20,000 clean water violations, fraud

Grist: The Tip of a Criminal Iceberg? #Coal companies charged w/ massive violations of water pollution laws in Ky

Associated Press:Groups claim mines polluting water in eastern Ky.

The Charleston Gazette Coal Tattoo: New legal action targets Ky. mine pollution

With Coal Company Polluters, It’s Citizens Who Have to Force Cleanup

Kentucky Coal Mines Accused of 20,000 Violations Over Past Two Years


Busting Big Coal-Legal Action Initiated Today

Thursday, October 7th, 2010 | Posted by | No Comments

The WaterWatch team at Appalachian Voices has teamed up with organizations and legal groups to launch legal action against three coal mining companies for violations of the Clean Water Act.

Unbelievable in this day and age, I thought, when my assistant, Eric Chance, and I researched discharge monitoring reports from Kentucky and discovered potential instances of falsified information from three coal companies working in that state.

As a 13 year veteran Waterkeeper I’ve seen hundreds of ways polluters violate the Clean Water Act, but I had never seen this. With a sick feeling in my stomach, I thought this must be an anomaly or a mistake, and that no one would violate the clean water act this blatantly.

On a mission to find the truth, we looked over hundreds of documents and eventually found and total of over 20,000 instances where the coal companies either falsified the required monitoring data, exceeded permit pollution limits or failed to submit required test data. If fined the maximum allowable by the Clean Water Act, these violations could result in fines over $740 million. (more…)

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Coal Ash Pond Failure in Wimington NC

Wednesday, September 29th, 2010 | Posted by Eric Chance | No Comments

Aerial Photo of Progress Energy’s Sutton Plant (Left) and its 135 Acre Ash Pond (Right)


Right here in North Carolina a coal ash pond at Progress Energy’s Sutton Plant near Wilmington was breached on Monday.

Monday’s heavy rains may have been a factor in the failure, but there is another wave of heavy rains coming to the region today and tomorrow that may cause even more problems.

for more information on the spill you can check out the Wilmington Star’s article here.

Cape Fear Riverkeeeper, Kemp Burdette is investigating the situation. We will post updates as they are available.

This comes spill at a time when the EPA is considering regulating coal ash as a hazardous waste, in the wake of the Kingston Tennessee Spill that released over 1 billion gallons of toxic coal ash into the Clinch, Emory and Tennessee Rivers two years ago.


Appalachia rises up at rally in D.C.!

Tuesday, September 28th, 2010 | Posted by Jillian Randel | No Comments

Hundreds gathered at the EPA building to protest MTR.

“The people! United! Will never be defeated!” … “Hay hay ho ho MTR has got to go” … “Do your job, EPA!”

Hundreds of protesters marched the streets of Washington, D.C., yesterday to protest mountaintop removal coal mining practices.

Participants of Appalachia Rising, a weekend-long conference on citizen lobbying, civil disobedience, and the ins and outs of mountaintop removal, gathered in a Day of Action to ask our nation’s representatives to stop destructive coal mining practices caused by mountaintop removal.

The majority of protesters were part of smaller organizations, student coalitions, church organizations, or came on their own. All of the groups marched together, stopping in front of the EPA to rally, shouting in protest for their fellow citizens, the dirtied waters and the destroyed mountains that have from suffered this practice.

(more…)

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Operation Medicine Cabinet-Drug Take Back Day Oct. 2

Monday, September 27th, 2010 | Posted by Eric Chance | No Comments

Do you have outdated or unused prescription drugs, over the counter medications, syringes or other medical supplies? Come drop them off at the sponsored take-back centers in Ashe and Watauga Counties on three different days this October. Any prescription or over the counter drugs will be accepted, no questions asked.

On Friday October 1 drugs will be collected at the Plemmons Student Union on the Appalachian State University campus from 10:00am to 2:00pm.

Across Watauga county drugs will be collected on Saturday October 2, from 10:00am to 2:00pm, in conjunction with Hazardous Household Waste Collection Day. Take-back locations will be available at the Foscoe Fire Department, and the three Food Lion stores in Watauga County: the Highway 321 store in Boone, the Highway 421 Deep Gap store, and the Blowing Rock store.

In Ashe County the collection will be held on October 16. Medications can be dropped from off from 10:00am to 2:00pm at the Jefferson Food Lion, the West Jefferson Life Store Bank at the Wal-Mart and at the former Northwest Foods in Warrensville.

Operation Medicine Cabinet has been a huge success in the high country and has continued to expand. The Operation Medicine Cabinet drug collection day in May collected over 188,000 pills and 20 gallons of liquid medication.

Drugs Collected at the May Operation Medicine Cabinet


For more information about the event please visit drugtakebackday.com or to learn more about previous events visit the Watauga Riverkeeper Blog.


Secretary Solis: “No free passes, no do over’s when it comes to mine safety”

Thursday, September 23rd, 2010 | Posted by Jamie Goodman | No Comments

Labor Secretary Hilda SolisThe way I see it, if you drive drunk and the cops are not around, you are still breaking the law–and your violation could cause others to lose their lives.

And according to Labor Secretary Hilda Solis, mining operators are the ones ultimately and solely responsible for the safety of the miners they employ. End of story.

In a speech at the National Mining Association Executive Board meeting today, Solis bluntly stated that even if the Mining, Health and Safety Administration does not catch you violating safety protocols, it is still your fault if lives are lost.

In other words, just because the cops don’t catch you, doesn’t mean you aren’t breaking the law. Or that you aren’t responsible.

Secretary Solis said:

“First, and foremost, the law is clear – mine operators are ultimately responsible for the safety and health of everyone working in a mine. Period.

I know that most of you make safety a priority, and we will work with any mine that wants our help.

But let me be clear, and candid – we will not tolerate mines that cut corners on safety, put miners at risk, pay their fines, and view it as a cost of doing business.”

The Labor Secretary’s remarks followed immediately on the heels of Massey Energy’s lawsuit against the state Office of Miners Health, Safety and Training subpoenas which would require Massey managers to appear and testify to MSHA in regards to the Upper Big Branch mining disaster which took the lives of 29 miners.

Solis goes on to say:

As an example, it should come as no surprise to anyone that in the wake of the Upper Big Branch disaster, we’re taking a hard look at the Pattern of Violations system.

We’re in the middle of a congressionally mandated review by our Inspector General, and there is work in the Congress to rewrite the POV statute.

But let me be clear, even if Congress doesn’t act, there will be new pattern of violation regulations soon, and they will be true to the Congressional intent to have POV be a powerful tool to change the behavior of operators who persistently put miners at risk.

and makes it very clear that the Department of Labor will start to crack down on repeat offenders:

Now the truth is, those of you running mines with good safety records have nothing to be afraid of when it comes to POV.

Those of you that examine, identify and fix your own problems will see very little difference in how you interact with MSHA.

I’m not worried about you. I’m worried about those who think it’s MSHA’s job to find their problems for them.

I’m worried about the minority of mine operators who cut corners.

And I want those mines to be very afraid of getting on pattern of violation status – because I want those mines to change their ways, and to do so quickly.

Looks like Massey’s run of repeated violations and blame-shuffling has caught the attention of the local sheriff. And she seems pretty pissed.

Maybe that old saying is true after all—you can’t outrun the law forever.

Read Solis’ full statement at Coal Tattoo


Appalachian Mountain Photo Competition

Thursday, September 23rd, 2010 | Posted by Jamie Goodman | 1 Comment

Appalachian Voices is sponsoring the “Ecological Footprint” category once again this year in the 8th annual Appalachian Mountains Photo Competition, a juried photography show sponsored by Appalachian State University’s Outdoor Programs department. The contest is now accepting submissions through December 17.

"Coal Fly Ash Sludge Disaster" by Jerry D. Greer, winner of the 2010 AMPC Ecological Footprint categoryThe “Ecological Footprint” category is looking for images that document environmental concerns in Central and Southern Appalachia. Perhaps you come across a tree root overtaking some manmade object, an abandoned trail cut through the woods or some industrial practice that is harming the environment. The point is to show how we as a species have impacted the natural world.

Appalachian Voices will be offering a $200 prize for the winner of this category.

Other categories in the competition include Adventure; Blue Ridge Parkway Vistas; “The Parkway Tree Project,” (Blue Ridge Parkway Share the Journey® annual category); Culture; Flora and Fauna; and Landscape.

Over $4000 in cash and prizes will be awarded courtesy of Blue Ridge Parkway Foundation, Footsloggers Outdoor and Travel Outfitters, Mast General Store and Appalachian Voices.

The Appalachian Mountain Photography Competition (AMPC) is a program of ASU’s Outdoor Programs in partnership with the Blue Ridge Parkway Foundation and the Turchin Center for the Visual Arts. This competition is open to amateur and professional photographers at least 13 years of age and provides an opportunity to showcase their interpretation of the unique character, people, places, and pursuits that distinguish the Southern Appalachians.

For complete contest rules, photos of previous winners, the AMPC blog, and to enter, visit appmtnphotocomp.org

2010 winning images include:

BEST IN SHOW: Pushing the Christmas Tree Bailer by Tommy Penick
BEST IN SHOW: Pushing the Christmas Tree Bailer by Tommy Penick

CULTURE CATEGORY WINNER: Untitled by Ian Mahathey
CULTURE CATEGORY WINNER: Untitled by Ian Mahathey

FLORA AND FAUNA CATEGORY WINNER: Windswept Grasses in Craggy Gardens by Bill Gozansky
FLORA AND FAUNA CATEGORY WINNER: Windswept Grasses in Craggy Gardens by Bill Gozansky

To view all winners from the 2010 exhibit, visit the App Mountains Photo Competition blog.


Rahall: Protecting Appalachians Is Harming National Security

Thursday, September 23rd, 2010 | Posted by JW Randolph | No Comments

A set of so-called “pro-coal” Representatives have introduced HR 6113 to prove that they care more about Don Blankenship’s approval than their constituents’ health. This bill asserts that Obama’s EPA threatens national security.

Continuing their march to ignore evidence, make stuff up, and push for an entirely rampant and unregulated coal industry, coal-bound legislators have introduced what they are calling the “Electric Reliability Protection Act” (HR 6113). If signed into law, this bill would defund EPA’s efforts to protect Appalachian citizens from the toxic valleyfills associated with mountaintop removal. In addition, the Representatives assert that the Obama Administration’s very attempt to protect citizens from toxic drinking water is indeed a threat to national security, which we’ll go into below. This is an election season bill that has little chance of passage. However, stunts like this allow Congressmen like Nick Rahall to prove that he needs Don Blankenship’s support more than he needs his constituents to have clean water, a decent job, or an average lifespan. This legislation is as cowardly as it is nihilistic, and just as irresponsible.

Of course, one of Senator Byrd’s final messages was that a majority of Congress opposes mountaintop removal, and it certainly shows in the lack of support for HR 6113. While a good bill like the Clean Water Protection Act (HR 1310) has 172 bipartisan cosponsors, HR 6113 has just 15, nearly all of them with some vested interest in the coal industry.

The lead sponsor, Congressman Hal Rogers (KY-05), has more mountaintop removal in his district than any other in the United States. More than 60% of mountaintop removal has been inflicted right there in eastern Kentucky, and Mr. Rogers wouldn’t have it any other way. Despite his staunch allegiance to letting the coal industry rampage through his district, KY-05 has the 7th highest poverty rate in the nation. In fact, 37.3% of the children in Mr. Rogers’ district live below the poverty line. This is all too common for the children of Appalachian communities left impoverished by (among other things) mountaintop removal mining and lack of economic diversification. Communities in Appalachia that are not relying on mountaintop removal do much better economically. In beautiful western North Carolina’s 5th district (home of Appalachian Voices’ HQ), the topography is similar to eastern Kentucky, but the poverty rate is half that of Rogers’ devastated district.

Congressmen Rogers’ and Rahall’s districts are #1 and #2 for most mountaintop removal in the whole country, right there at the top (congrats fellas!). But Rahall and Rogers have much more in common than that. In the latest Gallup “physical well-being” index, Rogers and Rahall sit on top of the charts again for having …wait for it… the sickest districts in the whole United States! Fellow Blankenship-lover Rick Boucher (D-VA-09) comes in a distant third in both mountaintop removal and ability to let the coal industry sicken his constituents to an early death.

So, since mountaintop removal has been such a resounding success (in getting Don Blankenship a performance bonus), these Congressmen have decided to return Blankenship the favor by introducing HR 6113.

The problem is that this trainwreck of a bill is the legislative equivalent of an unconstructed valleyfill. (more…)

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Click Click Snap Away Photographers!

Wednesday, September 22nd, 2010 | Posted by Jillian Randel | No Comments

Snap away photographers! The Appalachian Mountain Photography Competition is underway and it’s perfect weather for walking, hiking, biking and poking around the outside world with your camera.

As you wander around with your camera during the upcoming months, pay special attention to the category sponsored by Appalachian Voices called “Our Ecological Footprint.” Perhaps you come across a tree root overtaking some manmade object, an abandoned trail cut through the woods or some industrial practice that is harming the environment. The point is to show how we as a species have impacted the natural world. Look around at what inspires you.

Don’t forget your other categories as well: Adventure; Blue Ridge Parkway Vistas; “The Parkway Tree Project,” (Blue Ridge Parkway Share the Journey® annual category); Culture; Flora and Fauna; and Landscape.

There will be $4,000 dollars in cash and prizes offered in the competition. Appalachian Voices is offering a $200 prize for the winner of the “Our Ecological Footprint” category. Last year’s winning photo was of the TVA coal ash spill in Roane County, Tennessee.

There is a $6 entrance fee per photograph and you have until December 17 at 5:00pm to submit pictures. Visit www.appmtnphotocomp.org for more information.


Join the Watauga River Cleanup Saturday Sept. 25

Wednesday, September 22nd, 2010 | Posted by Eric Chance | No Comments

Volunteers Kayaking with Trash at last Years Big Sweep


Come out and join us this Saturday (September 25) to help clean up the Watauga River. Starting at 9am groups will be picking up trash from the Watauga River from Foscoe all the way to the Guy Ford Road Bridge, covering a total of nearly 30 miles of stream. Because of extremely low water levels this year, all of the clean up teams will be land based, since there isn’t enough water to float canoes.

Last year 172 volunteers cleaned up 6,000 pounds of trash! This year we hope to get even more junk.

For more pictures and a video from last year’s clean up visit the Watauga Riverkeeper blog.

If you are interested in helping out or want some more information please contact Eric at App Voices (eric@appvoices.org 828-262-1500) or Wendy at the Agricultural Extension Office (Wendy_Patoprsty@ncsu.edu 828-264-3061).


OMB Watch Issues Report on Obama’s Rulemaking

Wednesday, September 22nd, 2010 | Posted by JW Randolph | No Comments

Our President has been very busy in his first two years in office. Taking steps to repeal a number of Bush Administration policies, and working to make his own stamp through the rulemaking process.

OMB Watch just released a report called “The Obama Approach to Public Protection: Rulemaking,” covering how the Obama Administration has made their mark with various guidance and rules through the federal agencies. Topics range from from coal ash, to mountaintop removal, to worker safety.

To download, click here or the image on the right.



 

 


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