Wednesday, April 27th, 2016
Remember “Sink-Sink,” the federal prison in Martin County, Ky., that’s slowly sinking into the earth because it was built on a former strip mine? Another Appalachian community might soon be facing this same form of “reclamation,” and they need your help fighting it.
The Federal Bureau of Prisons has proposed to build a $444 million maximum security prison on an old surface mine near Roxana, in Letcher County, Ky.
Tell the Bureau of Prisons that prisons are not good reclamation, and that the government should invest in communities, not incarceration.
After the government regulated strip mining in the early 1980s, this surface mine near Roxana was chosen by the Kentucky Department of Fish and Wildlife as a prime location for its deer restocking program.
Now, the Bureau of Prisons is proposing to build a maximum security prison on it. The Kentucky River will be impacted by sedimentation and excavated mine spoil, and up to 93 acres of endangered bat habitat will be cleared.
Tell the Bureau of Prisons: surface mines in Appalachia should not be used for building prisons.
In some communities, up to 25 percent of the land has been damaged by mountaintop removal coal mining. We need real reclamation, not boondoggle prisons that are unsafe for the community and unsafe for the people who would be incarcerated there.
As Letcher County resident Mitch Whitaker wrote in a recent op-ed, “This piece of property has already been imprisoned, and it’s just now getting back to the point of literal and figurative liberation. Why do it again?”
Wednesday, October 7th, 2015
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.
Tuesday, September 22nd, 2015
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.
Tuesday, August 18th, 2015
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.
Thursday, July 2nd, 2015
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.
Monday, June 22nd, 2015
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.
Tuesday, June 16th, 2015
Article by Gabby Gilliespie, Southwest Virginia oganizer with the Sierra Club Beyond Coal Campaign
Last week, citizens from across Appalachia attended a listening session hosted by the Appalachian Regional Commission in Morehead, Kentucky. With the provisions proposed by Obama for the 2016 budget, organizers in Appalachia are attempting to create a groundswell on many levels that will push local leaders to make good decisions for the future of Appalachia. A part of these provisions, known as the POWER+ Plan, include a proposed $25 million in funding to the Appalachian Regional Commission (ARC). As many know, the ARC has a lot of influence when it comes to economic development in the region. They have been a part of shaping conversations and building partnerships for the past fifty years. As a young citizen of Appalachia, I believe it is important for as many of us as possible to participate when ARC hosts listening sessions and public forums, so that our voices are heard and our ideas are propelling these conversations forward.
Ada Smith, of Appalshop and The STAY Project, speaks
The ARC scheduled five listening sessions across Appalachia to gather public input on their 2016-2020 Strategic Plan. Before hosting these events, the ARC put together a study detailing the impacts of the initiatives put in place by their organization over the past fifty years. These listening sessions are the next step in the process towards creating a strategy that includes the input of citizens, leaders, and representatives from varied sectors that will be impacted by the work of the ARC.
Carol Judy from the Clearfork Valley in Tennessee said, “At the Morehead meeting there was a significant presence of youth who shared and participated, creating an intergenerational sharing of solutions and issues,” and the question she has moving forward is, “where is the youth of ARC?” Coming out of this session, I also heard a lot of questions about how citizen input was meant to be incorporated. How much sway do our ideas truly have on the strategic plan?
The structure of the listening session began with a welcome and briefing about the strategic plan, as well as the findings from the Executive Summary mentioned above and located at this link, entitled “Appalachia Then and Now: Examining Changes to the Appalachian Region Since 1965.” After these presentations, the facilitation team asked participants to get into groups and share their understandings of opportunities to strengthen the economies in their communities. In that same session folks were asked to discuss the specific barriers they see to advancing those opportunities. People were given space to share within their small groups, and also share out to the entire assembly the things that resonated during their conversations. In the next session the questions involved the building blocks and resources people felt they had in their communities and which building blocks were lacking or needed strengthening.
Kendall Bilbrey, a young citizen from Southwest Virginia felt that, “Folks seemed to be comfortable with solutions-based conversations without getting caught up in political arguments,” and believes that these conversations are vital to moving our region forward to work together toward just transition.
We have seen a lot of progress on this front in Central Appalachia over the past five years. It seems that more and more citizens every day are willing to let the “coal is our future” rhetoric fall to the wayside and are far more open to talk about new economic opportunities in the region. Many folks in the groups I engaged in at the event wanted to see more spaces for sharing intergenerational knowledge and skills, as well as seeing much more youth engagement.
Overall, I believe events like the ARC listening sessions are a good opportunity for communities across the region to come together and share ideas for the future as well as discuss issues concerning the roles organizations have and should play in shaping the economic landscape of Appalachia.
To learn more about these listening sessions, visit the ARC website.
Monday, June 15th, 2015
Cross-posted from AppVoices.org
As even some of the largest U.S. coal producers run the risk of caving under their debts, officials that oversee the federal surface mine bonding program are voicing urgent concerns about companies’ ability to pay for post-mine reclamation.
After bankruptcies, legal fees, fines, plummeting share prices and years without a profit in sight, another aspect of the financial perils U.S. coal companies face is coming into full view.
Recently, regulators worried about the ability of coal companies to pay for post-mine reclamation have begun scrutinizing a practice known as “self-bonding,” which allows a company to insure the cost of restoring the land after mining without putting up collateral, provided it meets certain financial criteria.
Reuters reported last week that Peabody Energy, the world’s largest private-sector coal company, is under the microscope and may be violating federal bonding regulations under the 1977 Surface Mine Control and Reclamation Act.
Peabody, which reported a $787 million loss in 2014, had roughly $1.38 billion in clean-up liabilities insured by self-bonding at the end of March, according to the report. In fact, as its finances deteriorate, analysts say Peabody is warping the language of the law and pointing to the relative strength of its subsidiaries’ balance sheets to continue meeting self-bonding requirements.
Peabody is not alone. Arch Coal, which Reuters found has also failed the financial test to meet self-bonding requirements, is restructuring its multibillion-dollar debt. The company ended 2014 with $418 million in cleanup liabilities and hasn’t turned a profit since 2011.
On May 29, Alpha Natural Resources received word from the Wyoming Department of Environmental Quality that it is no longer eligible to self-bond in the state. The company now has less than 90 days to put up $411 million in anticipated mine cleanup costs. The nation’s second-largest producer by sales, Alpha told investors earlier this year that it had $640.5 million in reclamation liabilities at its mines in Appalachia and Wyoming’s Powder River Basin.
Watching as even some of the largest U.S. coal producers run the risk of caving under their debts, officials that oversee the federal bonding program are voicing urgent concerns to state officials.
In April, the U.S. Office of Surface Mining Reclamation and Enforcement sent a letter to West Virginia Department of Environmental Protection urging that the state conduct a fuller analysis of future risks — not just rely on historic data — to calculate reclamation costs.
“Given the precarious financial situation” of companies operating in West Virginia, the letter states, regulators should closely examine the risk of failure for sites with markedly more expensive liabilities such as pollution treatment facilities.
From where we’re standing, it’s tough to see how the situation could improve. Taken together, the country’s four largest coal companies — Peabody, Alpha, Arch Coal and Cloud Peak Energy — have about $2.7 billion in anticipated reclamation costs covered by self bonding. Bloomberg News reported in March that nearly three quarters of Central Appalachian coal is mined at a loss.
As the problem grows, regulators and advocates for reform face their own predicament. Stricter self-bonding standards and enforcement push cash-strapped companies closer to bankruptcy. But inaction could leave taxpayers to pick up the bill if companies with unreclaimed mines eventually crumble.
Tuesday, June 2nd, 2015
Last week, our friend Dustin White traveled back to Washington, DC to speak up for the mountains. The House Committee on Natural Resources was having an Oversight Hearing on “State Perspectives on the Status of Cooperating Agencies for the Office of Surface Mining’s Stream Protection Rule.” At issue in this hearing is the cooperation between the state and federal government on the protection of Appalachian streams and the development of the anticipated Stream Protection Rule that the Office of Surface Mining has been developing since 2009.
Dustin captured the issue well,
Most of the Appalachian states with mountaintop removal have their own regulatory agencies that are supposed to be the first line of defense for communities when coal companies violate the law. These agencies exist in KY, VA, and in WV we know them as the DEP or Department of Environmental Protection. But many in WV say DEP stands for something else… “Don’t Expect Protection” as citizens often find themselves doing the job of the DEP to monitor the impacts of mining. We have found that the state regulatory agencies often issue mining permits against objection of citizens and sometimes without the proper environmental surveys required by law. They often allow coal companies that are habitual violators of the law to operate with little to no interruption. Fines issued for violations are little more than pocket change for coal companies.
In at least WV and KY the regulatory agencies and state legislatures worked lower water quality standards that go against federal guidances, allowing companies to discharge higher levels toxic selenium and aluminum into streams. Agencies like the DEP seem to be working against the best interest of the people and because of this citizens often turn to legal action to reign in coal companies. We have even filed a 733 petition under SMCRA in WV asking OSMRE to intervene in DEP’s mining division for failing to do their job.
The lack of protection many communities face when mountaintop removal threatens their water has been blamed, in part, on lack of oversight by state agencies. Therefore many have looked to the federal government and to Congress to protect their land and water from this devastating practice.
Thanks to Dustin for taking time out of his busy work organizing with people who’ve seen the worst impacts of the coal industry and sharing his experience with those in DC! Let’s hope that those in charge of enforcing the law in West Virginia were listening in.
Thursday, May 14th, 2015
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.