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Fwd: Cheat Lake Park and Trail Discussion
by Jonathan Rosenbaum 07 Sep '08

07 Sep '08

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Workshop Recommended..DGN
by Duane330＠aol.com 18 Aug '08

18 Aug '08

To: CLEAR Members and Friends Please consider the SMART Solutions for West Virginia Workshop September 18 -19, 2008. SMART Solutions provides watershed groups and participants with useful tools and information needed to implement best management practices of onsite/decentralized wastewater treatment systems. Registration is free and meals will be provided. For the registration form and agenda, see the web site below. For further info, contact Sherry Summers at The National Environmental Services Center West Virginia University (304) 293-4191 Web-site:: _http://www.wvca.us/wvwrc/wvwrc_events.cfm_ (http://www.wvca.us/wvwrc/wvwrc_events.cfm) **************Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. (http://autos.aol.com/cars-Volkswagen-Jetta-2009/expert-review?ncid=aolaut00… )

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Lung disease in WV and US
by Duane330＠aol.com 04 Aug '08

04 Aug '08

_Two New Asbestos Suits Filed in West Virginia_ (http://www.asbestos-post.com/two-new-asbestos-suits-filed-in-west-virginia.…) July 26th, 2008 Two new asbestos-related lawsuits filed in West Virginia in June name more than 100 defendants between them. The first was filed by Mary Kathryn Black on behalf of the estate of her deceased husband, Steve Black. The second was filed on behalf of Joseph M. Hutchison III and his wife, Ann Hutchison. Both lawsuits were filed in Kanawha County Circuit Court on June 6. Mary Kathryn Black, the widow of steelworker Steve Black, claims that her husband died as a result of asbestos exposure which caused him to develop lung cancer and esophageal cancer. Steve Black worked for companies such as Armco Steel. Other defendants in the suit include six corporations which reside in West Virginia: McJunkin Corporation, Ohio Valley Insulating, State Electric Supply, Union Boiler Company, Vimasco Corporation and West Virginia Electric Supply. The suit alleges that Steve Black developed asbestos-related cancers as a result of working for companies involved in the manufacture, distribution, sale, installation, and removal of products containing asbestos. According to the lawsuit, Steve Black’s lifespan and enjoyment of life was greatly diminished as a result of his asbestos exposure. His widow, Mary Kathryn Black, is seeking compensatory and punitive damages. The second lawsuit was filed on June 6 on behalf of Joseph M. Hutchison III and his wife, Ann Hutchison. The lawsuit names a total of 79 different defendant companies, and claims that the defendants are responsible for Joseph M. Hutchison III having developed asbestosis and mesothelioma. Joseph Hutchison worked in South Charleston as a laborer, and was employed with Union Carbide. Hutchison was also student and faculty member of West Virginia University. The lawsuit claims that Joseph Hutchison was exposed to asbestos while working with and around products in use at sites where he was employed. The sites were located in and across West Virginia. The suit includes fifteen counts, relating to the financial, physical, and emotional losses suffered by both Joseph and Ann Hutchinson. They are seeking compensatory and punitive damages for their losses. [Note. Joseph Hutchinson died July 26th in Morgantown, as shown in the Obituary below. He was a leader in the founding of the National Youth Science Camp, held each year at Bartow in West Virginia. For the National Youth Science Camp, see the following: _http://www.nysc.org/_ (http://www.nysc.org/) ] >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> _Mass Asbestos Lawsuit Dismissal in West Virginia_ (http://www.asbestos-post.com/mass-asbestos-lawsuit-dismissal-in-west-virgin…) July 18th, 2008 A mass dismissal of asbestos-related lawsuits in West Virginia has left many plaintiffs dismayed over the decision. People suffering from asbestos-related diseases such as asbestosis and mesothelioma must now wait much longer for their day in court. The West Virginia Supreme Court of Appeals this week dismissed more than one thousand asbestos-related lawsuits laid by railroad workers against the companies they once worked for. The more than one thousand plaintiffs had filed lawsuits against their employees, CSX Transportation and Norfolk Southern. Previously, Circuit Judge Arthur Recht of Wheeling had dismissed the lawsuits. Following an appeal by plaintiffs, the West Virginia Supreme Court of Appeals upheld Circuit Judge Arthur Recht’s decision to dismiss all one thousand suits. In upholding the decision, the Supreme Court of Appeals has rejected a plea that the United States Constitution provides every American with the right to sue in West Virginia, regardless of whether or not they have a real connection to the state. In West Virginia, as in many other states, a plaintiff can file a lawsuit even if they live out of state. To do so, however, they must be able to show that either a plaintiff or a defendant in the case has some type of connection to West Virginia. The Court chose to ignore a 2006 decision known as Morris vs. Crown Equipment, which had granted West Virginia jurisdiction to a dispute which originated in another state. The Court says that this decision did not apply because in the Morris case, one of the defendants was a West Virginia corporation. The claims were filed under the Federal Employers Liability Act, which applies to railroad and some other types of workers, regardless of where they live. After the suits had been filed, the Supreme Court of Appeals consolidated them into the Kanawha County Circuit Court, and assigned them all to Judge Recht. The railway companies had already asked for a move to dismiss the cases while the Supreme Court of Appeals was discussing whether or not the plaintiffs could file their suits in West Virginia. Judge Recht then granted the defendants ’ motion, saying that the Morris case was not applicable, and that the railroad workers could not file suit in West Virginia. The plaintiffs’ appeal was subsequently rejected, and now all one thousand cases have been freed and may be tried in other state courts. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> _ALA Report finds Deaths from Lung Disease Increasing_ (http://www.asbestos-post.com/ala-report-finds-deaths-from-lung-disease-incr…) July 26th, 2008 The latest report from the American Lung Association, entitled Lung Disease Data, indicates that death rates due to lung disease are on the increase, and death rates due to other leading causes of death, such as cancer, heart disease, and stroke, are decreasing. The American Lung Association publishes the Lung Disease Data report periodically to provide a resource with information about information about lung disease trends in the United States for the media, healthcare professionals, researchers, patients, and the public. The report indicates that lung disease rates are increasing so rapidly that chronic obstructive pulmonary disease may be the third leading cause of death as early as 2020. Lung diseases include any diseases or disorders in which impairment of lung function is an effect or result of the condition. Lung diseases may be caused by cigarette smoking, exposure to smoke, air pollution, and exposure to occupational hazards such as asbestos and silica dusts. Bernadette Toomey, President and CEO of the American Lung Association, says, “Every year, about 400,000 Americans die from lung disease. With our report, Lung Disease Data, we hope to provide valuable information on lung disease to the public, especially to people who become ill and their family members who are caring for them.” Types of lung disease covered in the ALA report data include the following: • Obstructive lung diseases such as chronic obstructive pulmonary disease and asthma, as well as chronic bronchitis and emphysema. All of these diseases affect the person’s airways, and limit or block the flow of air in or out of the lungs. • Lung cancer, caused by uncontrolled growth of abnormal lung cells. Lung cancer may be caused by a variety of factors, including cigarette smoking and exposure to asbestos. • Infectious diseases such as influenza, pneumonia, respiratory syncytial virus, and tuberculosis, caused by viruses or bacteria which can affect both lung tissue and the membrane which surrounds, protects, and supports the lungs. • Respiratory failure, pulmonary edema, pulmonary embolism and pulmonary hy-pertension. These diseases are caused by problems with gas exchange and blood flow in the lungs. • Pulmonary fibrosis and sarcoidosis. These diseases are characterized by stiffen¬ing and scarring of the lungs, which prevents normal lung function. • Occupational diseases, such as mesothelioma and asbestosis, caused by expo¬sure to hazardous substances such as asbestos and silica dust. These occupational diseases have no other known causes apart from exposure to inhalable toxic dusts. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Source of above three entries: _http://www.asbestos-post.com/_ (http://www.asbestos-post.com/) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Submitted by: Duane Nichols, Ph.D., President of CLEAR [Cheat Lake Environment & Recreation Assn.] and Spokesperson for MonValley Clean Air Coalition [MVCAC], Address: 330 Dream Catcher Circle, Morgantown, WV 26508 Phone: 304-599-8040 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> OBITUARY FOR JOSEPH HUTCHINSON **************Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. (http://autos.aol.com/cars-BMW-128-2008/expert-review?ncid=aolaut00050000000… )

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Milt Cohen & Joe Hutchinson
by duane330＠aol.com 02 Aug '08

02 Aug '08

To:? Members and Friends of the Cheat Lake Environment and Recreation Association. I suspect that you are aware of the recent deaths of Milt Cohen and Joe Hutchinson. Both were?very involved?in past years in?various activities?of CLEAR.? Although I got to know them late in their lives, I recognize their incredible insights, activities, and contributions to our community.?? I am preparing a letter from CLEAR to each of their families.? If you have any comments that we might include, please let me know as soon as possible. Thank you for your assistance,?? Duane MILTON COHEN JOSEPH M. HUTCHINSON

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4th Annual Cheat Watershed Tour-- August 9th
by Duane330＠aol.com 25 Jul '08

25 Jul '08

4th Annual Cheat Watershed Tour Planned for August 9th Friends of the Cheat is hosting a watershed tour Saturday August 9th from 10 AM to 1 PM. The tour will focus on acid mine drainage in the lower Cheat watershed, its effects, and how it can be treated. Anyone interested in the restoration of our streams is encouraged to attend. This free trip will includes stops at our River of Promise Interpretive Trail and will visit two active and two passive treatment systems. Keith Pitzer, executive director of FOC, will lead the tour. Cold drinking water will be provided. Feel free to bring snacks or lunch. Meet at the Kingwood Shopping plaza about 9:45 AM (look for the Buckwheat Express) and plan to return by 1 PM. Wear shoes suitable for walking on gravel. Please register in advance so we know how many to expect. Call our office at 304-329-3621 or email Keith at _kpitzer(a)cheat.org_ (mailto:kpitzer@cheat.org) . -- Sally Wilts, Administrative Assistant Friends of the Cheat 119 S. Price St. Kingwood, WV 26537 304-329-3621 **************Get fantasy football with free live scoring. Sign up for FanHouse Fantasy Football today. (http://www.fanhouse.com/fantasyaffair?ncid=aolspr00050000000020)

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Comments on interpretive rule 47 CSR 2A, Designation of Tier 3 Waters.
by Duane330＠aol.com 23 May '08

23 May '08

To: Scott Mandirola, Assistant Director Division of Water and Waste Management WV Department of Environmental Protection 601 57th Street S.E. Charleston, WV 25304 RE: The interpretive rule 47 CSR 2A, "Designation of Tier 3 Waters in the State of West Virginia. It is requested that the language in sections 4.1 and 4.2 should be changed to include not only waters, but segments of waters located within National Wilderness Areas, State Parks, National Parks and National Forests. Let us also request that the language in section 4.3 that lays out guidelines for Federally designated waters should be amended to include all waters within units of the National Park system. In determining “High Quality and Naturally Reproducing Trout Streams”, the current interpretive rule calls for measurement based on healthy benthic macroinvertebrate communities only. While this is one measure for high quality water, it is not the only measure. We request that in addition to healthy benthic macroivertebrate communities, waters should also be considered eligible for designation based on a consideration of all available biological, chemical, or physical measurements. Given that the current interpretive rule allows for water upstream of a tier 3 segment to be designated tier 1 or 2. This is a very dangerous situation. The possibility of Tier 3 designation should be added to section 6.1, and it should be made clear that activity upstream from a tier 3 segment should not cause any harm or degradation to the downstream tier 3 segment. Thank you for your attention to these important matters for the State of West Virginia. Duane G. Nichols, President Cheat Lake Environment & Recreation Association 330 Dream Catcher Circle Morgantown, WV 26508 304-599-8040 _duane330(a)aol.com_ (mailto:duane330@aol.com) **************Get trade secrets for amazing burgers. Watch "Cooking with Tyler Florence" on AOL Food. (http://food.aol.com/tyler-florence?video=4&?NCID=aolfod00030000000002)

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National Clean Water Program
by Duane330＠aol.com 02 May '08

02 May '08

WEBCAST ON DRAFT NATIONAL WATER PROGRAM STRATEGY: RESPONSE TO CLIMATE CHANGE IS UPCOMING On Thursday, May 8, EPA will host a Webcast from 2:30 to 4:30 pm EDT for a public forum on the draft document titled National Water Program Strategy: Response to Climate Change to discuss, and receive feedback on the draft strategy. The webcast will highlight the impacts of climate change on clean water and drinking water programs, and how water resources and water programs can respond and adapt to these impacts. To submit comments by May 27 and for more information about the draft strategy, please visit _www.epa.gov/water/climatechange/index.html_ (http://www.epa.gov/water/climatechange/index.html) . Click here To _Register _ (http://w.on24.com/r.htm?e=108614&s=1&k=0227D9D4045696BD038A9887A8EFCE8E) (http://www.epa.gov/epahome/exitepa.htm) for this Webcast. **************Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. (http://food.aol.com/dinner-tonight?NCID=aolfod00030000000001)

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Boating Safety Class-- last call
by Duane330＠aol.com 25 Apr '08

25 Apr '08

NEWS FLASH The Cheat Lake Environment and Recreation Association along with the Mountaineer Power Squadron are sponsoring the first Public Boating Safety Class ever to be offered in the Cheat Lake area. This class will be offered Saturday, April 26, 2008 from 9 AM to 5:30 PM at the WVU Evansdale Campus, NRCCE Building, Room 125. The cost of the class is $10 and includes all class materials and lunch. The class includes the following topics: Required safety equipment, boat handling, knots, PWC safety, water emergencies, VHF radio, West Virginia boating laws and much more. It will satisfy the Boating educational laws in all states that require mandatory boater education. This course can save a motor boat owner up to 40% on boat insurance (depending on carrier). Space is limited to the first 30 registered participants. You can reserve your space today bay calling Ray at 291-8078. ALSO SEE ATTACHED FLIER. > > Donna M. Weems **************Need a new ride? Check out the largest site for U.S. used car listings at AOL Autos. (http://autos.aol.com/used?NCID=aolcmp00300000002851)

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River of Promise -- coming soon ...
by duane330＠aol.com 09 Apr '08

09 Apr '08

To all,? This is a reminder to?mark your calendars for the next River of Promise meeting on April 21st at 10:30am at NRCCE [Evansdale campus, WVU]. This is the day before the WV AMD Symposium. ? An agenda will be coming soon. It will include updates on the Targeted Watershed Grant work and project development,? the Ruth Bell mine discharge findings to date, a post mortem/re-design discussion about ?a project on Pringle Run, a discussion of a doser on Pringle Run with AML/Camp Dawson and DNR reports from instream monitors and about walleye in the Cheat. Other suggestions are welcome.? The River of Promise concept offers the sharing and exchange of some of the best thoughts about restoration of the Cheat Watershed. Please come and be a part of it.? ? Keith? -- ? Keith Pitzer Executive Director? Friends of the Cheat

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WV Env. Council <yes>
by Duane330＠aol.com 22 Mar '08

22 Mar '08

West Virginia Environmental Council March21, 2008 _WVEC Alerts Archive_ (http://www.wvecouncil.org/take_action/index.html) ____________________________________ Dear Friends, Any way you look at it, this was a successful session for the WV Environmental Council and the legislative lobby team. With your help, we pushed state lawmakers to make a real commitment to protecting West Virginia’s cleanest waters; we defeated another proposal to weaken the state’s solid waste laws and bring a mega dump to McDowell County; we succeeded in restoring anti-degradation language to DEP air regulations; we brought public attention to the devastating practice of mountaintop removal mining; and we educated legislators about how a real Citizen’s Energy Plan could benefit the people of West Virginia. Even though the lobby team is exhausted, now is not the time to rest on our laurels. We are already planning the rest of the year’s activities for WVEC, as we continue to increase our outreach to West Virginians and expand our membership base. And even though the 2008 regular session just ended, the monthly Interim legislative sessions will begin as early as April. This is our opportunity to address upcoming agency rule-making as well as to work with lawmakers on new legislation for the 2009 Legislature. With primary elections just around the corner, the lobby team is busy preparing a legislative scorecard so you can see just how your representatives voted on important environmental issues this session. Even though we had a very good year, several good bills to address global warming, energy efficiency, mining regulation, and more, did not pass. The upcoming election cycle is the time to build these issues into a political constituency and to mobilize citizens to advocate for them. This is also the time to build statewide support for the WVEC Citizen’s Energy Plan and Renewable Energy Campaign. Both of these will be featured components next month at Sustainable Fair 2008 (“Green Makes $en$e”, April 18-20 on the campus of Davis & Elkins College in Elkins, WV – see _flyer_ (http://www.wvecouncil.org/calendar/SustainableFairFlyerAgenda.pdf) and _poster_ (http://www.wvecouncil.org/calendar/SustainableFair2008POSTER.pdf) ). All of our efforts represent fundamental change for West Virginia and require a year round commitment in order to be successful. Your continued financial support will help sustain WVEC’s activities for the rest of the year. So please consider sending us a contribution now. Thank you, Jim Kotcon, WVEC President ____________________________________ **************Create a Home Theater Like the Pros. Watch the video on AOL Home. (http://home.aol.com/diy/home-improvement-eric-stromer?video=15?ncid=aolhom0…)

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