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Submit your comments on the Stream Protection Rule

This is your chance to officially tell the Obama administration to protect Appalachian streams.

The U.S. Department of the Interior has released a draft version of the Stream Protection Rule, which could be the most significant action taken to reduce the impacts of mountaintop removal coal mining on the region’s waterways. But we need it to be stronger, and that will only happen if the administration hears from thousands of advocates like you.

Add your voice to strengthen protections for Appalachian communities.

The Stream Protection Rule is intended to limit the dumping of toxic mountaintop removal waste into streams. We’ve been demanding these protections for almost eight years and are glad the Obama administration is finally taking action. But we need this rule to be stronger!

Appalachia’s economic future depends on sustainable communities and a healthy environment, and we can’t afford to let the coal industry weaken this proposed protection for the region’s waterways. It is more important than ever for you to add your voice in the fight against mountaintop removal.

Tell the Obama administration to finalize a strong rule that protects Appalachian streams and communities.

Tell the EPA: Protect our streams from selenium pollution

We’ve been busy this month advocating for a strong Stream Protection Rule. Now we need you to speak up on another issue threatening Appalachia: toxic selenium pollution.

This element is leaching out of mountaintop removal valley fills in devastating amounts, causing deformities in fish and endangering the health of our streams and communities.

Take action now and tell the U.S. Environmental Protection Agency that it is unacceptable to weaken selenium standards and put clean water at risk.

The significance of the EPA’s decision on a new chronic selenium standard cannot be overstated. Selenium is toxic to fish and other wildlife at very low levels and is commonly found in wastewater from mountaintop removal mines. Once it is released into waterways, selenium enters the food chain and accumulates in fish, causing reproductive failure and deformities.

Officials in Kentucky have adopted, with the EPA’s approval, a standard with serious scientific flaws that does not sufficiently protect sensitive species. Without an enforceable federal limit, citizen monitoring and enforcement under the Clean Water Act will be seriously compromised.

The comment period ends on Oct. 10. Please take action today and tell the EPA to create a selenium standard that protects fish and people from the devastating impacts of mountaintop removal.

Speak up in Lexington for a strong Stream Protection Rule

The federal Office of Surface Mining has finally released a draft version of its long-awaited Stream Protection Rule, and is holding hearings across the region to hear from community members impacted by surface coal mining. We need your help to make sure this critical rule overcomes industry opposition.

Will you join us on Sept. 3 in Lexington to show the Office of Surface Mining that Kentucky supports clean water in the state and in central Appalachia?

The coal industry has spent years trying to stall the rulemaking process and prevent science-based protections for Appalachian streams. If it succeeds in weakening the rule, hundreds of more miles of streams would be threatened by mountaintop removal.

Appalachia’s economic future depends on sustainable communities and a healthy environment. It’s crucial that we demonstrate to the agency that we’re united in support of a strong Stream Protection Rule.

Join us on Sept. 3 to demand a rule that protects Appalachia’s land, streams and people.

Where: Lexington Civic Center
430 W Vine St. Lexington, KY 40507
When: 5:00 p.m. – 9:00 p.m.

Appalachian legislators give POWER+ the cold shoulder

Appalachia’s coal-bearing counties would directly benefit from the adoption of the POWER+ plan, a proposal in the Obama administration’s 2016 budget that would direct more than a billion dollars to Central Appalachia.

But last week, the U.S. Senate appropriations committee passed a budget bill the leaves out any mention of POWER+.

The U.S. House budget leaves Virginia entirely out of the forward-thinking Abandoned Mine Lands funding reforms that were spelled out in the POWER+ Plan. That component of the plan would send $30 million directly to the Virginia coalfields for economic development and put laid-off miners back to work cleaning up the messes left by coal companies.

Please contact your senators now to make sure they support a budget that includes a path forward for Appalachian communities.

For more background, we recommend this piece by Naveena Sadasivam for InsideClimate News, which details the curious quiet around POWER+ and how the plan has been pulled into the partisan bickering that’s embroiled the U.S. Environmental Protection Agency’s Clean Power Plan and the 2016 budget process as a whole.

Under the federal Abandoned Mine Lands program, sites that pose a threat to safety are prioritized over sites that offer a potential economic benefit if cleaned up. While this program has reduced potential hazards in the coal-mining regions of Appalachia and the U.S., it has done little to positively impact local economies.

The POWER+ Plan, however, calls for funds to be used for projects that not only improve the environment and reduce hazards, but also create an economic benefit for local economies.

There’s still time for both House and Senate to include the meaningful funding proposals outlined in POWER+. But in order for that to happen, we need to the Senate to hear a clear message that Appalachia deserves this much-needed funding!

Please contact your senators now to make sure they support a budget that includes a path forward for Appalachian communities.

Outlaw Coal Baron Billionaire Sets His Sights on WV Governor’s Mansion

CLICK on the image to sign the petition!

Jim Justice – target of the regional Justice to Justice campaign, recently expressed interest in becoming governor, much to the dismay of the thousands who have been cheated out of wages by Justice bad business practice, or had their communities damaged by outlaw mines he owns.

As Tom Torres, an activist with the Justice to Justice campaign and the group Hands Off Appalachia, says in this Grist article, “He has this public persona as a down-home charitable member of the community, and at the same time he owes millions of dollars to unpaid contractors and all these state and federal agencies for labor violations and environmental violations and safety violations.”

Sign this petition against Jim Justice‘s bad actions here to join the campaigning for him to clean up his mess and pay off his debts.

Crayfish Against Mountaintop Removal

Healthy critters in our streams are an important sign that the water is safe for all life. So it’s key that we keep an eye on the crawdads!

Big Sandy crayfish photo by Guenter Schuster.

Our friends at Center for Biological Diversity have created a petition and lawsuit that forced the U.S. Fish and Wildlife Service to propose to protect two species of crayfish from Appalachia under the Endangered Species Act. The crayfishes have been lost from more than half of their ranges because of water pollution, primarily from coal mining. The Big Sandy crayfish is known only from the Big Sandy River basin in eastern Kentucky, southwestern Virginia and southern West Virginia; the Guyandotte River crayfish is known only from the Guyandotte River basin in southern West Virginia.

This listing proposal means that federal agencies will now have to confer with the U.S. Fish and Wildlife Service before funding or permitting any activity that could harm the animals. When the listing is finalized in 12 months, it will be illegal for any person or corporation, including coal companies, to harm the crayfishes or their habitat. The Service will propose critical habitat to protect the crayfishes in the near future.

And so it begins … Senate launches first assault on Appalachia

The U.S. Senate has been in session for less than three weeks, and they have already begun an attack on the Appalachian mountains and surrounding communities.

Coal industry boosters have introduced a pro-mountaintop removal coal mining amendment and they are trying to attach it to the Keystone Pipeline bill, which is expected to be voted on this week.

The amendment, introduced by Sen. Dan Coats of Indiana, would block the Department of Interior from completing its ongoing rewrite of the Stream Protection Rule. The coal industry is afraid that a strong rule would make it harder for them to continue blowing up mountains and dumping the waste in streams.

Join us in fighting against this mountaintop removal amendment by writing to your senator.

We need the Department of Interior to introduce a strong Stream Protection Rule that would help us put an end to mountaintop removal once and for all. They have been writing the rule for several years, and are expected to release it this Spring.

Please contact your senator and ask them to oppose the Coats mountaintop removal amendment.

The government is shut down, but the work to end mountaintop removal continues

In a rare television interview, environmental legend and writer Wendell Berry spoke with Bill Moyers about activism and his love of Appalachia.

The federal government is shut down and Congress is failing to act on important issues as they battle over the budget. But across Appalachia, citizens have not quit. We are continuing the work to end mountaintop removal. 

In the last three weeks alone, groups in the region have held more than half a dozen gatherings to test water, petition state agencies for stronger enforcement and celebrate the communities we have come together to protect.

As groups continue to grow locally, the fight to end mountaintop removal is in the national spotlight. This weekend, impacted citizens will provide leadership at Powershift 2013 in Pittsburgh, Pa.

Also, renowned author and mountaintop removal activist, Wendell Berry, recently spoke with Bill Moyers about his activism and a no-compromise plan to protect our families and future. You can watch it here!

Thank you for fighting to end mountaintop removal.

West Virginia Coalition Launches Campaign for Better Enforcement of Mining Laws; Files Formal Petition for Federal Intervention

A group of West Virginia citizens gather in front of the Charleston, W.Va., location of the federal Office of Surface Mining, where they delivered a 100-page petition detailing a litany of problems with the state regulatory program before marching to the state Capitol to deliver a copy of the petition to Governor Earl Ray Tomblin.


Charleston, W. Va. Today a coalition of 18 state and national organizations filed a formal administrative law petition with the Federal Office of Surface Mining Reclamation and Enforcement (OSMRE) alleging widespread problems with the state Department of Environmental Protection’s (DEP) enforcement of the Surface Mine Control and Reclamation Act (SMCRA) and demanding federal intervention. The nearly 100 page petition filed today details a litany of problems with the state regulatory program including granting and renewing mining permits illegally, systemic failures to properly assess the risks of flooding from mine sites, drastic understaffing, and failure to assess meaningful penalties for violations of the law. A group of West Virginia citizens gathered a press conference today in front of the Charleston Office of Surface Mining to deliver the petition and then marched to the state Capitol to deliver a copy to Governor Tomblin.

The situation here couldn’t be more urgent. Every year there is another flood, another stream dies, another health study comes out showing the devastating effects of unenforced mining law on our communities. We need action and we need it now, said Debbie Jarrell, Coal River Valley resident and Co-Director of Coal River Mountain Watch.

The filing of the petition represents the first step of the Citizen Action for Real Enforcement (CARE) Campaign, a new effort bringing together citizens and groups across the state to demand accountability from the state’s government and address what they say are decades of failures by state agencies. Currently, the state DEP has the authority and responsibility to enforce federal laws on mining. The petition was filed under a provision of SMCRA that allows citizens to ask the federal OSMRE totake over a state agency if they believe the agency is failing to enforce the law. The filing of this petition triggers an obligation on the part of OSMRE to investigate the citizens’ claims and, if they are deemed valid, to order changes in the state program or assume enforcement themselves.

People who have lived in the coalfields for generations have reached out to our DEP for help. After many years of pleading our case, we have no confidence in our DEP, nor should we. Our only option is to seek federal intervention to assure that our communities get what everyone deserves – protection from the pollution and toxins that are directly impacting the health of the people that live within these communities, said retired UWMA miner Chuck Nelson.


Remember What We Can Accomplish Together

Remembering what we can accomplish together, we keep moving forward.

As I enjoyed Memorial Day with my family and friends, I was reminded that too often we dont take time to celebrate the victories that we accomplish together. Our spring has been full of successes, and you helped to make them possible.

In April, a federal appeals court affirmed that the U.S. Environmental Protection Agency has the authority to veto mountaintop removal permits even after they have been issued, a power the coal industry has challenged for years. This decision halted Spruce No. 1 Mine, the largest mountaintop removal mine ever proposed in Appalachia.

The day before the courts dealt that major blow to mountaintop removal, another rulingthrew out the U.S. Army Corp of Engineers Nationwide Permit 21, ending the streamlining of permits under the Clean Water Act. A few weeks later, with the support of allies across the county, we defeated attempts in Congress to roll back EPA regulations and gut the Clean Water Act.

You have kept the pressure on by contacting policymakers and supporting actions in Philadelphia, Pittsburgh, Charlotte, Washington, D.C., and Atlanta, including during the 8th annual End Mountaintop Removal Week in Washington, when people from across the country joined in our nation’s capital and attended morethan 80 meetings with federal agencies and congressional offices. Over this time, youve sent more than 30,000 emails to key decision-makers in the White House and Congress.

We are building new connections and stronger campaigns, and we are winning together. Thank you for your ongoing dedication in the fight to end mountaintop removal coal mining.

Appalachian Voices  •  Coal River Mountain Watch  •   Heartwood  •  Keeper of the MountainsKentuckians for the Commonwealth 

Ohio Valley Environmental Coalition  •   Statewide Organizing for Community eMpowermentSierra Club Environmental Justice

Southern Appalachian Mountain Stewards  •   SouthWings  •  Stay Project  •   West Virginia Highlands Conservancy

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