Conservative Ad Buy Turning Scenic Vistas Bill into Bipartisan Bombshell
When it comes to Tennessee, most everybody has their reason for supporting our mountains. Whether it is a liberal urban Democrat like Representative Steve Cohen (D-TN), or a mainline Republican like Senator Lamar Alexander (R-TN), its not a complicated equation.
Now, it turns out, a radically right-wing group in Tennessee – the Tennessee Conservatives Union – has not only come out in support of the Tennessee Scenic Vistas Protection Act, but is planning to run statewide television ads in support of protecting Tennessee’s mountains. This is astounding, to say the least. The Conservatives Union is no small player in Tennessee politics, calling itself the oldest and largest conservative organization in the state. With more than 12,000 members, they are widely credited for defeating the state income tax, among other things. Now they are looking to protect our mountains from, allegedly, a Chinese company that has bought out mineral rights in Tennessee.
Appalachian Voices doesn’t necessarily agree with every sentiment in this advertisement. It doesn’t matter if somebody is from Beijing or Bristol, we don’t think they should be blowing up mountains. We certainly don’t agree with the Conservatives Union on many important issues related to energy and the environment, but the fact that the Tennessee Conservatives Union is stepping up to stop mountaintop removal shows that the breadth of support for protecting Tennessee’s mountains ranges all the way from left-to-right, odd-to-even, and low-to-high.
According to the TN Conservatives Union, this ad will begin airing tomorrow (3/19) on Fox News.
Now is the time for you to pick up the phone and call Committee Members to tell them YOUR reason for supporting the bipartisan Scenic Vistas Protection Act (SB 99/HB 43). The Senate Energy, Agriculture, and Natural Resources Committee will take up the bill first at 9:30 AM on Wednesday. The House Subcommittee on Agriculture and Natural Resources is scheduled to vote at 1:30 the same day.
These committee offices have told us that they are hearing from a LOT of people who are working to protect our mountains, so keep up those calls! Talking points below…
Senate Committee Members:
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
House Committee Members:
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.]
Please pass this along, so that legislators hear from as many Tennesseans as possible. Talking points and bill information below… (more…)
Call today. Tell your committee members to support the Scenic Vistas Protection Act tomorrow.
Tennessee legislators are scheduled to take up a critical vote tomorrow on the Scenic Vistas Protection Act — a bill with broad, bipartisan support that would help ensure the beauty and economic vitality of the Cumberland Plateau.
Call your legislators today and ask them to support the Scenic Vistas Protection Act.
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.
Here are a list of critical legislators who need to hear from you before tomorrow’s vote:
Let these legislators know that you are a Tennessean who cares about protecting our mountains. And please pass this along so that legislators hear from as many of us as possible.
What does this bill do?
The Scenic Vistas Protection Act says that you can’t blast apart virgin ridgelines above 2,000 feet when surface mining for coal.
What does this bill NOT do?
Scenic Vistas DOES NOT impact underground mining or other important industries in Tennessee.
Scenic Vistas DOES NOT Impact any current surface mining permits or their renewals, which are grandfathered in.
A few talking points
As Tennesseans, we love our mountains, and we don’t think we need to blast them apart for a small amount of coal.
We don’t have to hate coal and we don’t have to hate coal mining to want to protect our mountains. We just want Tennessee to be the first state to say “We’re going to mine coal AND protect our mountaintops at the same time.”
Since 1985, the Tennessee coal industry has laid off 85 percent of its workforce, while the percentage of our coal coming from surface mining versus underground mining has increased. Scenic Vistas will help protect coal-mining jobs in our state.
Mountaintop removal is bad business, and even the coal industry is realizing that this destructive form of mining is not worth the cost. Patriot Coal, one of the largest coal companies in the nation, recently announced that it is stopping mountaintop removal operations because not only is it damaging to the environment, but it’s bad for their employees and for the communities where they work.
After you make your calls, e-mail us at tn@appvoices.org to let us know what the offices are saying!
Ken Ward Jr. of the Charleston Gazette wrote yesterday that David C. Hughart, a former Massey official, pleaded guilty to conspiring to defraud the government by thwarting U.S. Mine Safety and Health Administration inspections. Hughart has agreed to cooperate with authorities in the ongoing criminal investigation of the Upper Big Branch mine disaster and yesterday in court stated he conspired with Don Blankenship, implicating the former CEO a decade of avoiding safety laws at several mines.
A fairly routine plea hearing here took a surprising twist when U.S. District Judge Irene Berger pressed Hughart to name his co-conspirators and Hughart responded, “the chief executive officer.”
Hughart did not use Blankenship’s name, but Blankenship was CEO of Massey from 2000 until 2010, during the period when the crimes Hughart admitted to committing occurred.
In a nearly three-year investigation that started with the deaths of 29 miners in the Upper Big Branch Mine Disaster and has so far prompted four convictions, the accusation by Hughart is the first courtroom statement to specifically allege any wrongdoing by Blankenship.
William Taylor, a lawyer for Blankenship, said his client has done nothing wrong and downplayed the significance of what Hughart said.
“We were quite surprised at the reports of Mr. Hughart’s statements at the time of his guilty plea,” Taylor said. “Don Blankenship did not conspire with anybody to do anything illegal or improper. To the contrary, he did everything he could to make Massey’s mines safe.
“We’re not concerned particularly about the story concerning Mr. Hughart,” Taylor said. “It’s not surprising that people say untrue things when they are trying to reduce a possible prison sentence.”
When he’s sentenced on June 25, Hughart, 54, of Crab Orchard, faces up to six years in prison and a fine of up to $350,000. In a deal with prosecutors, Hughart pleaded guilty to one felony count of conspiracy to defraud the government by thwarting U.S. Mine Safety and Health Administration inspections and one misdemeanor count of conspiracy to violate MSHA safety standards. Hughart also agreed to cooperate with authorities in the ongoing criminal investigation of the mine disaster and broader questions about Massey safety practices.
“Guilty of both charges,” Hughart told Berger when the judge asked him to enter his formal plea.
Hughart did not work at Upper Big Branch, and his plea deal involved crimes he has admitted committing between 2000 and 2010 at Massey’s White Buck operations in Nicholas County, where two mid-level foremen and a Massey operating subsidiary were prosecuted five years ago for criminal safety violations.
Prosecutors identified Hughart as having served as president of Massey’s Green Valley “resource group,” which included White Buck. But Hughart also worked for Massey for more than 20 years, serving as an officer or a director at more than two-dozen subsidiaries, according to public records.
Hughart was fired in March 2010, and internal Massey records, filed in a circuit court case, allege he had failed a random drug test and received kickbacks from a Massey contractor.
In court documents in Hughart’s case, prosecutors alleged a broader conspiracy by unnamed “directors, officers, and agents” of Massey operating companies to put coal production ahead of worker safety and health at “other coal mines owned by Massey.” Those documents, filed in late November, were the first time in their Upper Big Branch probe that prosecutors have formally alleged Massey officials engaged in a scheme that went beyond the Raleigh County mine that exploded on April 5, 2010, and killed 29 workers.
Recently, the Kentucky Division of Water attempted to sneak weakened selenium standards into their three-year review of water quality standards after the original 30-day public comment period. Kentuckians spoke up. Now the DOW has agreed to seek additional comments from the public on the selenium standards until March 1st.
The DOW has proposed to raise the acute standard for selenium in streams from 20 to 258 micrograms per liter, or even higher in some cases. The DOW has also proposed to replace the current chronic standard of five micrograms per liter in streams, with a measurement of the concentration of selenium in fish tissue. The current standards are supported by the EPA and scientific research, and should not be made less stringent.
Selenium is toxic to aquatic life even at very low levels. It bioaccumulates, meaning that it increases in concentration as it moves up the food chain, affecting fish and even aquatic birds. In fish, selenium toxicity can result in deformities and reproductive failure. Important Kentucky fish species, such as bluegill, sunfish and catfish, are particularly sensitive to selenium. 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.
For thousands in Kentucky and across Appalachia, Feb. 14th is more than just Valentine’s Day, it’s I Love Mountains Day. Our friends at Kentuckians for the Commonwealth shared photos, video and blog posts from the event, where mountain lovers celebrated their hope for Appalachia’s Bright Future. We wanted to share some of the highlights from an amazing event. Read more at www.kftc.org/blog/
KFTC members and friends celebrated their hope for Appalachia’s Bright Future at the annual I Love Mountains Day march and rally in Frankfort today.
“I believe in Harlan County’s Bright Future, in Kentucky’s Bright Future, in Appalachia’s Bright Future,” KFTC member Carl Shoupe of Benham told the crowd on the capitol steps. “But we must do more than want it. We have to dream it. We have to build it and protect it, together. We have to demand it and work for it every day. We have to organize for it and we have to vote for it.”
More than a thousand people met at the Kentucky River and marched up Capital Avenue to call for New Power – new energy, economic and political power – and an end to mountaintop removal and other destructive mining practices that threaten our mountains, water, air and health.
Twelve-year-old Ella Corder of Somerset, winner of the first I Love Mountains Day essay contest, also spoke at the rally. “We all have a fire in our hearts. It may have started as a small, weak flickering flame, but it grew, as does our love for our treasured mountains. We need to use that burning fire to stand up for what we believe in and let our voices be heard.”
Keynote speaker Silas House challenged those gathered to take action. “We have talked for years about the problems of mountaintop removal and this outlaw industry. For the past decade, KFTC has actively worked toward solutions with four main goals: enforcing existing laws, passing stronger laws where needed to protect health and environment, developing a diverse and sustainable local economy, and, lastly, developing clean energy solutions in the region. New Power.”
Elizabeth Sanders, who left the mountains with her family before she started high school and than returned as an adult, said, “Like many people I know, I reject the idea that people have to leave eastern Kentucky if they want opportunities and a good life. Some people will choose to leave; that’s their call. But many of us are choosing to stay, or choosing to come back. We love this place. We are committed to building a better future here.”
On February 14th, join with hundreds of Kentuckians to call for an end to the destructive practice of mountaintop removal coal mining and ask our leaders for the clean energy solutions that provide good, safe jobs and healthy communities for Kentucky.
Will you join us at the capitol?
All over eastern Kentucky and Central Appalachia, residents of communities like Eolia, Hueysville, Benham, Lynch and Montgomery Creek are speaking up to protect their health and homeland from the destruction of coal and to create a more sustainable economy.
Come be one of the more than 1,200 people standing up for clean water, clean energy, and a just economic transition for eastern Kentucky.
9 a.m. – 12 p.m. Optional Citizen Lobbying in Room 111, Capitol Annex. 12:00 p.m. Gather at the Kentucky River below the bridge at Capitol Ave. 12:30 p.m. March to the Capitol (Flat route is .6 miles.) 1:15 p.m. Rally on the Capitol steps — speakers, music, and a vision for Ky. 2:00 p.m. I Love Mountains Valentine Delivery Able to arrive early? Help us welcome our friends at Footprints for Peace as they Walk for a Sustainable Future
Wear red, invite a friend, and bring a homemade sign and a valentine for the governor.
Later this month Administrator Lisa Jackson will retire as head of the U.S. Environmental Protection Agency. During her term, the EPA took several important steps to encourage coal companies to do more to protect the water in Appalachia from destructive coal mining practices. Unfortunately it was not enough: a key guidance that EPA issued to protect Appalachian streams and communities is not legally binding.
Half-measures like these are unacceptable when the health of entire communities are on the line.
Mining companies and state agencies — who have made it clear that they will do everything they can to avoid these kinds of recommendations — need to be held accountable. We need real protections. The EPA must issue legally binding water quality standards for conductivity under the Clean Water Act to to protect streams and communities in Appalachia from mountaintop removal mining pollution.
Lisa Jackson made it clear that destroying mountains in Appalachia and poisoning streams and communities was not acceptable. We need to make sure her successor works alongside President Obama to finish the job.
On February 14th, join with hundreds of Kentuckians to call for an end to the destructive practice of mountaintop removal coal mining and ask our leaders for clean energy solutions that provide good, safe jobs and healthy communities for Kentucky.
All over Eastern Kentucky and Central Appalachia, residents in communities like Eolia, Hueysville, Benham, Lynch and Montgomery Creek are speaking up to protect their health and homeland from the destruction of coal and to create a more sustainable economy.
Join us this May for the 8th Annual End Mountaintop Removal Week in Washington.
We’re excited to announce that the application form is live for the 8th Annual End Mountaintop Removal Week in Washington this May 4th-8th, 2013. This event is one of the most important events of the year for those working to end mountaintop removal. Click here to apply today!
This year we will ramp up pressure on the Obama Administration to end mountaintop removal once and for all. In addition increasing pressure on federal agencies, we will continue our ongoing work to support the Clean Water Protection Act and gain new bi-partisan support for the bill. We will also begin conversations with lawmakers about the potential for economic transition legislation for the region.
Registration is now live for our 2013 End Mountaintop Removal Week in Washington this May 4th-8th! Click here to apply today!
This year we have new opportunities to make our voices heard in DC. Scholarships are limited. If you are seeking a full or partial scholarship, the deadline is March 12th. If you do not need scholarship support, the deadline to register is March 19th.
Last year’s Week in Washington was a tremendous success. More than 150 people from over 20 states came to Washington, holding over 200 meetings with Congressional offices and Agency Officials–all culminating in Appalachia Rising’s Day of Action.
2013 marks a critical moment to make the issue of mountaintop removal coal mining a top priority issue in Washington. Can you join us this year in Washington? Click here to apply!
We hope to see you in Washington!
P.S. Please forward this invitation to friends or colleagues who may be interested in joining us in Washington.
On Monday, just a few miles from the old school, students began classes at a new, safer Marsh Fork Elementary. Last week, families were invited to tour the school, where classrooms are equipped with smart board presentation stations, computer labs with the fastest internet connection in the area and a freshly painted gym with the school’s colors and mascot, a bulldog.
For years the old school building, which was adjacent to a coal silo and sat just 400 feet downslope from an impoundment that held back billions of gallons of coal slurry, was at the center of a controversy that led to protests, arrests and nationwide publicity. Local residents, especially parents of Marsh Fork students, were concerned about the health impacts of exposure to coal dust and the threat of a disaster at the impoundment owned by Massey Energy.
At the open house, Marsh Fork’s interim principal Tracie Wood told the Beckley Register-Herald, “I have never seen a community so excited about a school opening.”
Although it took years longer than many would have liked or expected from local officials and Massey, parents no longer have to worry about their children playing in the shadow of a coal preparation plant. Massey Energy gave the Raleigh County Board of Education $1.5 million to help pay for the new Marsh Fork Elementary.
Watch a flyover of the mine and impoundment above the old Marsh Fork Elementary building:
When it comes to Tennessee, most everybody has their reason for supporting our mountains. Whether it is a liberal urban Democrat like Representative Steve Cohen (D-TN), or a mainline Republican like Senator Lamar Alexander (R-TN), its not a complicated equation. 
Call today. Tell your committee members to support the Scenic Vistas Protection Act tomorrow.
