CLEAR

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661 discussions

Let's Go To CHEAT FEST on Sat.
by Duane330＠aol.com 03 May '07

03 May '07

WHAT WONDERFUL WEATHER IN WILD WONDERFUL WEST VIRGINIA Now is the time for all good men and women to come to the aid of their River and Lake...........Let's Go To CHEAT FEST on Saturday. TICKETS TO......Cheat Fest are $15 at the gate. Gate opens at noon. To get there, take Interstate 68 East to the Bruceton Mills exit. Turn right onto WV 26 South toward Kingwood and drive about 10 miles. LOok for signs for Cheat Fest on the right. Dogs are not permitted. More info: _www.cheat.org_ (http://www.cheat.org) CHEAT FEST is a function of the Friends of the Cheat, of which CLEAR is an "organization member". You can also join as an individual, buy a T-shirt, board a raft, or hike a trail. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> HELP. If you will help with the booth of CLEAR, please let me know a.s.a.p. We will simple display some maps and our brochure, and we will accept questions about the legal settlement with Allegheny Wood Products regarding the protection to the Cheat three-tooth snail in the Cheat Canyon. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> CLEAR accepts new memberships and other donations at any time. We have been awarded an additional $2,000 by the Monongalia County Commission for the upcoming fiscal year beginning on July 1st. Duane Nichols, President 304-599-8040 _duane330(a)aol.com_ (mailto:duane330@aol.com) Donna Weems, Treasurer 320 Dream Catcher Circle Morgantown, WV 26508 CLEAR = Cheat Lake Environment and Recreation Association ************************************** See what's free at http://www.aol.com.

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Mon-River Trail in Penna.
by Duane330＠aol.com 26 Apr '07

26 Apr '07

SHEEPSKIN TRAIL- GREAT NEWS- see below message Begin forwarded message: Date: April 26, 2007 12:03:22 PM EDT Subject: Good News Regarding the County Commissioner’s Meeting in Uniontown this morning, the commissioners voted unanimously to purchase the trail bed from the WV state line to Georges Township (the southern end of the Sheepskin Trail) from CSX Corporation. The money for this transaction was made available from the McKenna Foundation and the County is paying the transfer fees associated. This is truly the first major step in several years towards making the trail through Point Marion to West Virginia a reality. A survey and some deed work still remains to be done, but we are finally moving forward. ************************************** See what's free at http://www.aol.com.

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37th Earth Day.. "inconvenient truth"
by Duane330＠aol.com 22 Apr '07

22 Apr '07

How eager are we to fight global warming? Statewide poll finds most Pennsylvanians see individual efforts as too inconvenient Sunday, April 22, 2007By Don Hopey, Pittsburgh Post-Gazette On this 37th Earth Day, most Pennsylvanians think global warming is an inconvenient truth, but not many are willing to be inconvenienced enough to do anything about it. Seven out of 10 Pennsylvanians agree that global warming exists and is a concern, according to a survey by two Mansfield University researchers released last week, but significantly fewer are willing to do so much as change a light bulb to help address the problem. Instead, they are looking to government or science for solutions, said Tim Madigan, associate professor of sociology at Mansfield University. "Our results suggest that a majority of people in the state are not very committed to taking broad action against global warming," said Mr. Madigan, who along with co-researcher Dr. Janice Purk surveyed 920 Pennsylvanians over the age of 18 about their willingness to take 10 specific steps to reduce global climate change. The survey results do show that the number of people who agree that global warming is occurring is up from 5-in-10 in 1999, to 7-in-10, a significant increase, but the impact on behavioral change has not been as great. The 10 personal actions that people were asked if they do, or would do, were: use compact fluorescent light bulbs, compost kitchen scraps, take reusable bags to the grocery store, buy from environmentally friendly companies, wash dishes by hand, own a hybrid car, purchase a solar power system for their home, allow clothes to air dry, buy a windmill and stop eating meat. If those surveyed were already taking the step, they received a score of two for that item. If they said they would take the step, they received a score of one. Those unwilling to change got a zero for that item. Out of 20 possible points, half of those surveyed scored a six or lower on the "action index," which the researchers created to measure the feasibility of a social solution to global warming. If few people are willing to change their behavior, a social solution is impossible and government action or scientific innovation, or both, will be required. "Since the majority of people are not very willing to change many of their behaviors, and belief in global warming is not strongly related to taking action, the social solution to the problem of global warming does not look very promising," Mr. Madigan said. Slightly more than half of those surveyed said they would use fluorescent light bulbs, take reusable bags to the grocery and buy from environmentally friendly companies. Slightly less than half said they'd feed the composter. Only 41 percent said they'd be willing to drive a hybrid car or install solar panels; 38 percent were willing to wash dishes by hand; 30 percent were willing to stop eating meat. Just 26 percent would let their clothes air dry and 25 percent said they would buy a windmill. Only 13 percent of those surveyed had seen former Vice President Al Gore's film "An Inconvenient Truth," and those who had seen it scored less than a point higher than those who had not. "Assuming that Gore's movie had a casual impact," Mr. Madigan said, "it would take many more such movies to change attitudes and behaviors enough to reverse the trends as he calls for in his book and movie." The random telephone survey was done at the end of February and the beginning of March of residents throughout the state and has a 3.2 percent margin of error. ____________________________________ ************************************** See what's free at http://www.aol.com.

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The Supreme Greenhouse
by Duane330＠aol.com 03 Apr '07

03 Apr '07

The Court Rules on Warming April 3, 2007, Editorial, New York Times. It would be hard to overstate the importance of yesterday’s ruling by the Supreme Court that the federal government has the authority to regulate the carbon dioxide and other greenhouse gases produced by motor vehicles. It is a victory for a world whose environment seems increasingly threatened by climate change. It is a vindication for states like California that chose not to wait for the federal government and acted to limit emissions that contribute to global warming. And it should feed the growing momentum on Capitol Hill for mandatory limits on carbon dioxide, the principal greenhouse gas. The 5-to-4 ruling was a rebuke to the Bush administration and its passive approach to the warming threat. The ruling does not require the government to regulate greenhouse gases. But it instructs the Environmental Protection Agency to reconsider its refusal to regulate emissions, urges it to pay attention to the scientific evidence and says that if it takes the same stance, it has to come up with better reasons than its current “laundry list” of excuses. The ruling also demolishes President Bush’s main justification for not acting — his argument that because the Clean Air Act does not specifically mention greenhouse gases, the executive branch has no authority to regulate them. The president has cited other reasons for not acting, including costs. But his narrow reading of the Clean Air Act has always been his ace in the hole. The court offered a much more “capacious” reading of the act, as Justice John Paul Stevens wrote for the majority. The plaintiffs — 12 states and 13 environmental groups — had argued, and the court agreed, that while the act does not specifically mention greenhouse gases, it gives the federal government clear jurisdiction over “any air pollutant” that may reasonably be anticipated to endanger “public health or welfare.” This interpretation was first set forth by Carol Browner, administrator of the E.P.A. under President Clinton, and remained agency policy until Mr. Bush reversed it in 2001. The administration had also argued that the states did not have standing to sue on this issue because they could not show that they would be harmed by the government’s failure to regulate greenhouse gases. The court ruled that the states have a strong and legitimate interest in protecting their land and their citizens against the dangers of climate change and thus have standing to sue. The ruling reinforces state efforts in other ways. California and nearly a dozen other states have adopted their own regulations requiring lower greenhouse gas emissions from cars and trucks. These rules, however, require federal approval, which seemed unlikely as long as the agency could claim that carbon dioxide was not a pollutant — a claim it can no longer make. The E.P.A. had also argued that reducing emissions would require it to tighten fuel efficiency standards, a job assigned by law to the Department of Transportation. The automakers have made much the same argument against California ’s emissions rules. But the court said that the E.P.A. could not shirk its responsibilities just because another department sets mileage standards. The agency is clearly in for some serious soul-searching. The decision was unnervingly close, and some of the arguments in the dissent, written by Chief Justice John Roberts Jr., were cause for concern — especially his comments about the “complexities” of the science of climate change, which is too close for comfort to the administration’s party line. Still, the Supreme Court, for the first time, has said that global warming is a real and present danger. This can only encourage those on Capitol Hill and in the states who are growing increasingly impatient for aggressive action. ************************************** See what's free at http://www.aol.com.

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Cheat Canyon Settlement
by Duane330＠aol.com 28 Mar '07

28 Mar '07

To: CLEAR members and friends From: Duane Nichols, President. RE: Settlement Agreement For Snail and Bat CLEAR has assumed an obligation to help raise funds to pay for the Expert Team and the Delineation Team scheduled (see below) to prepare a Report on criteria and procedures for the identification and marking of potential habitat for the Cheat three-tooth snail in the Cheat Canyon, on the lands of Allegheny Wood Products (AWP). AWP will pay the upfront costs and the three Plaintiff organizations [CLEAR, Sierra Club--State Chapter, and Friends of Blackwater], will raise funds to the extent possible so as to share these costs. Here is a fund-raising plan, for your comment and approval: 1. CLEAR can allocate $1,000 as matching money, from the general fund and from "in-kind" contributions, i.e. the value of the time of CLEAR persons who work in the project. 2. Another $1,000 from the Friends of the Cheat, as actual funds and "in-kind" contributions. 3. The sum of $2,000 from the Mon County Commission, to be requested in April. 4. The sum of $2,000 from the Preston Co. Commission, to be requested in April. 5. Up to $3,000 from other local grants. 6. Up to $10,000 from a grant application to the National Fish and Wildlife Foundation. Please provide comments, questions, and your voice of support or otherwise. See below for more details at this time. Duane Nichols >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> THE LEGAL SUIT TO PROTECT AND PRESERVE THE FLAT-SPIRED THREE TOOTH LAND SNAIL IN THE CHEAT CANYON WAS SETTLED ON FEBRUARY 5, 2007. ACCORDING TO THE SETTLEMENT AGREEMENT, COORDINATORS WOULD BE SELECTED, THEN AN EXPERT TEAM WOULD BE SET UP TO WRITE A REPORT LAYING OUT CRITERIA FOR THE IDENTIFICATION OF POTENTIAL HABITAT FOR THE SNAIL. THE IS CALLED THE DELINEATION REPORT, AND IT WILL BE USED STARTING ON JULY 21, 2007 TO REVIEW 5 PERSERVES THAT HAVE BEEN SET ASIDE IN AREA 3, THE MOST IMPORTANT SNAIL AREA, AND TO STUDY THE REMAINDER OF AREA 3 FOR THE EXISTENCE OF ADDITIONAL POTENTIAL HABITAT. THIS IS GOING TO BE A RATHER RIGOROUS SET OF CRITERIA AND DELINEATION PROCESS, AS REQUIRED BY THE SETTLEMENT. The Schedule below provides some insight into what the specific steps are to be. I plan to set up a public meeting in April to provide an opportunity to gather for a discussion of the process and the data. Settlement Agreement Activity Schedule 1. Selection of Coordinators (15 days): 2-5-07 to 2-20-07. (Complete) Coordinators: Kelly Riddle, AWP, and Duane Nichols, CLEAR 1. Selection of Expert Team (30 days): 2-21-07 to 3-22-07. (Complete) Tom Pearce, Carnegie Museum of Pittsburgh, Ron Caldwell, Cumberland Mountain Research Center, Tom Watters, Ohio State University, and Dan Dourson, Belize Foundation for Research and Environmental Education. [Fixed fee of $3500 per Expert]. *3. Prepare draft delineation report (75 days): 3-23-07 to 6-5-07. *4. Review draft delineation report (15 days): 6-6-07 to 6-20-07. *5. Prepare final delineation report (30 days): 6-21-07 to 7-20-07. *6. Seek advice of expert team on possible research projects: 6-6-07 to 7-20-07. 1. Selection of delineation team (30 days): 6-21-07 to 7-20-07. 1. Complete delineation of Area 3 (balance of year 2007): 7-21-07 to 12-31-07. 1. AWP begins timbering in Area 3: 11-15-07. 1. Complete all delineations in Area 3 and on the South Side of Canyon: 7-21-07 to 11-15-09. * - Note: The responsibilities of the Expert Team are those of Items 3, 4, 5 and 6. During the draft review, Team members may be called upon to present the draft to others and answer questions about the draft. ************************************** AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com.

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Search for New W.V.U. President
by duane330＠aol.com 26 Mar '07

26 Mar '07

RE: SEARCH FOR NEW W.V.U. PRESIDENT................ FROM: Duane Nichols, B.S.Ch.E. 1959. NOTE: You can send your comments as correspondence to the following email address, to which everything sent will be provided to the Search Committee: PresidentSearch(a)mail.wvu.edu If you would prefer a hard copy address, you can send to: WVU Board of Governors, c/o Board Secretary, West Virginia University, PO Box 6201, Morgantown, WV 26506. Profiles of the 3 finalists for president of WVU The Dominion Post Daniel Bernstine Daniel Bernstine, 59, has been president of Portland State University since August 1997. Portland State has about 24,000 students, 2,049 faculty, a budget of $429.7 million, and research expenditures of $40 million, according to the PSU Web site. Before coming to PSU, Bernstine served as dean of the University of Wisconsin Law School from 1990-’97. He served as general counsel of Howard University from 1987-’90 and also as the interim dean of Howard University Law School from 1988-’90. Bernstine graduated from the University of California at Berkeley with a B.A. degree in 1969, from the Northwestern University School of Law with a J.D. degree in 1972, and received his LL.M. degree from the University of Wisconsin Law School in 1975. He received Honorary Doctor of Law degrees from Hanyang University, Seoul, Korea, in 1999, and from Waseda University, one of the top two private universities in Japan, in 2003. Bernstine was awarded an Honorary Doctor of Human Letters degree from Nizhny Novgorod Linguistic University, in Russia, in 2004. In 2005, Bernstine was awarded the Michael P. Malone International Leadership Award in recognition of his work in internationalization in higher education. He was given the International Citizen Award by the Oregon Consular Corps in 2004. >From 1972-’73, Bernstine was a staff attorney with the Office of the Solicitor at the U.S. Department of Labor, and from 1974-’75, he was the William H. Hastie Teaching Fellow at the University of Wisconsin Law School. From 1975-’78, Bernstine was assistant professor at Howard University Law School. He joined the University of Wisconsin Law School faculty in 1978 and was on leave from Wisconsin while serving as general counsel and interim law school dean at Howard. Among other schools, Bernstine has been a visiting law professor at the Inter-American Comparative Law Institute at the University of Havana Law School, in Havana, Cuba, and Justus-Liebig-Universitat in Giessen, Germany. He has served as a member of the National Conference of Bar Examiners Multi-State Torts Drafting Committee and the American Law Institute. He has served on the Association of American Law Schools Committee on Accreditation, and the Supreme Court of Wisconsin Board of Bar Examiners. Bernstine has also been involved in Portland organizations such as the United Way of Columbia-Willamette. According to the Chronicle of Higher Education, Bernstine’s annual salary is about $340,000. He also receives about $50,000 toward his retirement. His total compensation is $390,000. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< Mike S. Garrison Mike Garrison, 38, a native of Fairmont and the only finalist working in West Virginia, resigned Wednesday as chair of the Higher Education Policy Commission, a position he was named to in July 2006. The commission is responsible for developing, establishing and overseeing the implementation of a public-policy agenda for the state’s fouryear colleges and universities — including WVU. State law would have required Garrison to step down as chair if he was named WVU president. Garrison said he resigned prior to this week’s announcement that he is a candidate to avoid the appearance of any impropriety. According to the state Auditor’s Office, Garrison received no state salary for this job. He is a lawyer and the managing partner for the Morgantown office of Spilman, Thomas and Battle, PLLC, which has offices in West Virginia, North Carolina and Pennsylvania. Garrison is registered as a lobbyist with the West Virginia Secretary of State’s office. His clients include companies in the Morgantown area such as Mylan Laboratories and Platinum Properties. Two members of the WVU Board of Governors are on the board of directors at Centra Bank, another of Garrison’s clients. Garrison received a bachelor’s degree in political science and English literature from WVU in 1992. He served his alma mater as student body president. Garrison spent a year in England as a Rotary Scholar at Oxford, then returned to Morgantown to attend the WVU College of Law, which he graduated from in 1996. He teaches “Politics in West Virginia” at the university, though he is not teaching this semester. Garrison said he does not draw a salary for teaching this course. Garrison’s public service experiences include work as a legislative assistant for both Sen. Robert C. Byrd, D-W.Va., and Rep. Alan B. Mollohan, D-W.Va. Garrison was a member of former Gov. Bob Wise’s administration when he was appointed cabinet secretary of the Department of Tax and Revenue, in January 2001. In May 2001, Garrison became the governor’s chief of staff, a position he held until October 2003. Wise later appointed him to serve as a member of the commission in 2003. Garrison was a member of Joe Manchin’s transition team when he was elected West Virginia governor, in 2004. Garrison is active on many boards and associations related to the university. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< M. Duane Nellis Nellis, 52, became Kansas State University’s provost in June 2004, after serving for seven years at WVU as dean of the Eberly College of Arts and Sciences. As provost, Nellis serves as chief academic officer of Kansas State, which has more than 23,000 students, 1,500 faculty, a budget of more than $683 million and research funding that exceeds $197 million. Nellis said he earns $220,000 a year as provost. Nellis also serves as a representative of the president and in place of the president during his absence. At WVU, Nellis led a capital fundraising campaign, oversaw the planning and construction of a $50 million Life Sciences building, and established a new Center for Writing Excellence and a Math Learning Institute. Nellis completed his Ph.D. in geography from Oregon State University in 1980 and accepted his first academic appointment at KSU. Prior to his departure in 1997 for WVU, Nellis served as head of Kansas State’s department of geography, and then senior associate dean of the College of Arts and Sciences, according to WVU News and Information Services. Nellis recently served as president of the Association of American Geographers, one of the largest professional geography organizations in the world. He is past president of the National Council for Geographic Education, past president of Gamma Theta Upsilon, the International Geographic Honor Society, past president of the Kansas Academy of Sciences, and serves as an executive committee member of the National Association of State Universities and Land Grant Colleges Chief Academic Officers. Nellis is recognized for his research using satellite data and geographic information systems to analyze various dimensions of the Earth’s land surface, according to WVU News and Information Services. This research has been funded by grants totaling more than $3 million from sources such as NASA and National Geographic Society. He has been recognized through numerous awards, such as being named a Fellow of the American Association for the Advancement of Science, National Honors from the Association of American Geographers and the AAG’s John Fraser Hart Award for Excellence in Research, At WVU, he received the Neil S. Bucklew Award for Social Justice in 2003 and the University’s Leadership Award for Safety in 2002. He is also an honorary member of Phi Beta Kappa and Golden Key National Honor Society. Nellis completed his undergraduate degree at Montana State University before pursuing his graduate work at Oregon State University. ________________________________________________________________________ AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.

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(no subject)
by duane330＠aol.com 26 Mar '07

26 Mar '07

Hazardous Waste : EPA To Amend Universal Waste Rule To Include Hazardous Pharmaceuticals The Environmental Protection Agency is moving to regulate hazardous pharmaceuticals under its hazardous waste rules in order to ensure proper disposal so the drugs do not enter U.S. waters through wastewater effluent, an agency official said March 23. EPA will amend its universal waste regulations under the Resource Conservation and Recovery Act to include pharmaceutical products, according to Ed Ohanian, director of the Health and Ecological Criteria Division in the agency's Office of Water. Ohanian made his remarks at a congressional briefing on compounds of emerging concern that are finding their way into lakes, streams, and rivers. It was organized by the Water Environment Federation. Ohanian was describing EPA's regulatory and voluntary efforts to prevent the disposal of pharmaceuticals, cosmetics, and household chemicals into the environment. EPA's universal waste regulations at 40 C.F.R. §273 streamline hazardous waste management standards for federally designated "universal wastes," which include batteries, pesticides, mercury-containing equipment such as thermostats, and lamps, according to the agency. The regulations govern the collection and management of the widely generated wastes, thus facilitating environmentally sound collection and proper recycling or treatment, according to EPA. The purpose of the rules is to reduce hazardous waste in the municipal solid waste stream by making it easier for universal waste handlers to collect these items and send them for recycling or "proper" disposal. Ohanian did not say when the agency would propose a rule to include pharmaceuticals under the universal waste regulations. "We are working on it now," he said. In February, Ohanian said, the White House released guidelines on the proper disposal of prescription drugs to prevent misuse of the drugs and to prevent water and soil pollution (36 DEN A-7, 2/23/07). The guidelines, Proper Disposal of Prescription Drugs, provide five recommendations for handling drugs, including flushing them down the toilet, but only when the Food and Drug Administration specifies it can be done safely. The guidelines were developed by the White House Office of National Drug Control Policy, along with the Department of Health and Human Services and EPA. Also due out in December 2007 is a research strategy compiled by a White House task force charged with developing an integrated approach to identify research needs for pharmaceuticals and personal care products that are entering waterways, Ohanian said. Studies Expected Soon Aside from regulating hazardous pharmaceutical drugs under the universal waste rule, Ohanian said the Office of Water is working on three studies that will help the agency decide whether to regulate such compounds under the Clean Water Act. Under the water law, EPA can establish water quality criteria for pollutants and regulate discharges from water treatment plants, among other actions. Ohanian did not indicate what action, if any, the agency might take. According to Ohanian, the Office of Water expects to complete in December a study of fish tissue for the presence of 37 pharmaceuticals found in discharges from five treatment plants. Next year, it will finish a study of discharges from 10 publicly owned wastewater treatment plants to decide whether to require treatment of additional compounds, including pharmaceuticals. In December 2008, the office will complete a biosolids sludge study that tests for the presence of 75 contaminants and the risk they pose to the environment. Ohanian's remarks were underscored by Dana Kolpin, chief of the U.S. Geological Survey's toxic substances hydrology program, who told the briefing that the USGS has "definitive" evidence from laboratory experiments in Boulder, Colo., and other places around the country that chemical compounds found in pesticides, agricultural runoff, stormwater runoff, household detergents, and drugs that pass through wastewater treatment plants are responsible for "feminizing" male fish downstream of such plants. "Whether the feminizing of male fish affects populations as a whole is another whole field of study and is beyond my expertise," Kolpin told BNA after the briefing. "The estrogenic effect is occurring downstream of wastewater plants." By Amena H. Saiyid [The Bureau of National Affairs]. BNA's Daily Environment Report, March 26, 2007 ________________________________________________________________________ AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.

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National Children's Study gets funds
by Duane330＠aol.com 08 Mar '07

08 Mar '07

WHAT IS THE NATIONAL CHILDREN'S STUDY? The National Children's Study will examine the effects of environmental influences on the health and development of more than 100,000 children across the United States with the goal to improve their health and well-being. The study has designated 105 locations in the United States where it will recruit and enroll eligible participants, and track them from before birth until their 21st birthday. The pace of the study preparations benefited from a recent Congressional appropriation of funds for fiscal year 2007. For more information, go to _http://www.nationalchildrensstudy.gov/about/mission/index.cfm_ (http://www.nationalchildrensstudy.gov/about/mission/index.cfm) <BR><BR><BR>**************************************<BR> AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com.

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Cheat Snail -- Settlement Agreement
by Duane330＠aol.com 06 Feb '07

06 Feb '07

“Press Release – For immediate release.” February 6, 2007 FEDERAL COURT APPROVES SETTLEMENT TO PROTECT IMPERILED CHEAT SNAIL AND INDIANA BAT --- Land Set Aside for Endangered Species --- On February 5th, the U.S. District Court for Northern West Virginia formally ratified the “settlement agreement” involving Allegheny Wood Products and three plaintiff organizations. This settlement spells out a cooperative plan to protect the Cheat three-tooth snail and the Indiana bat in the Cheat Canyon, in Preston County, WV. Both are on the federal endangered species list, the snail is “threatened” and the bat is “endangered” under the Endangered Species Act. This lawsuit was filed on April 6, 2005 by the Cheat Lake Environment and Recreation Association (CLEAR), the Friends of Blackwater, and the State Chapter of the Sierra Club. AWP and these plaintiffs have worked hard to achieve this settlement which was submitted to the Court on February 1st, and it calls for continued cooperation to set up snail preserves during the remainder of 2007 and beyond. Paul Wilson, State Chair of the Sierra Club, said “The Sierra Club believes that this settlement agreement may be as good or better than the protections offered by "incidental take permits" and “habitat conservation plans”, as called for in the federal Endangered Species Act, particularly for the very rare Cheat three-tooth snail with the scientific name Triodopsis platysayoides. Three-tooth’ is a misnomer, as this snail has a single unique denticle (bump) of shell material in its shell opening.” Judy Rodd, Director of the Friends of Blackwater, said “We are very pleased that there has been a positive outcome from our litigation and that good science will be used to set up snail preserves. We thank our lawyers and the many individuals who contributed to protecting one of West Virginia’s most unique endangered species. Conservation of the unique habitat in the Cheat Canyon will also protect other rare species of plants and animals.” Duane Nichols, President of CLEAR, said “This is a “groundbreaking” achievement. A unique program has been structured to bring a systematic approach to bear on the protection of imperiled species on private lands.” He is very pleased that a cooperative agreement has been reached and is looking forward to its implementation. Initially, six Preserves and two adjoining Adjunct preserves are being set aside for protection of the snail, on the north side (‘river right’) of the Cheat River. One Preserve on the south side (‘river left’) at Cornwell Cave will also offer protection for the Indiana bat. Logging will now resume in the current area of operations with pre-selected regions being preserved to protect the Cheat snail. These areas are currently marked with plastic ribbons and will be marked via painting rings on trees over the coming months. Within 45 days a panel of snail experts will be assembled “to determine on the basis of the best scientific data available the proper criteria to apply to identify potential habitat”. This applies to areas slated for future logging that scientists believe may be especially important to the snail. Seventy-five days have been allotted for the preparation of such a report, fifteen days for review of the report and thirty more days to finalize it. A “delineation team” will then be selected to actually visit the areas slated for future logging so as to apply the results of the expert panel. Within 240 days, AWP and the three named organizations will seek the advice of the panel of experts on possible research projects related to the conservation of the snail and/or its habitat. Further, special provisions have been made in the settlement to limit the road building on the Allegheny Trail, on the old railroad bed, that passes through the Canyon. This Trail is to subsequently be opened again, although some limitations will still prevail. The plaintiff organizations are represented by Joshua Barrett of the law firm DiTrapano Barrett & DiPiero, Charleston, WV. He is assisted by Erin Tobin and Eric Glitzenstein of the law firm Meyer Glitzenstein & Crystal, Washington, DC. Contacts: Duane Nichols, CLEAR 330 Dream Catcher Circle Morgantown, WV 26508 304-599-8040 Judith Rodd, Director Friends of Blackwater 501 Elizabeth Street, Room 3 Charleston, WV 25311 304-345-7663 Paul Wilson, Chapter Chair The Sierra Club of West Virginia 504 Jefferson Avenue Charles Town, WV 25414-1130 304-725-4360

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Update On Recent Activities
by Duane330＠aol.com 05 Feb '07

05 Feb '07

CLEAR Update: 1. Cheat Three-tooth Snail. A proposed Settlement of the federal law suit involving the logging company Allegheny Wood Products and three Plaintiffs – CLEAR, State Chapter of the Sierra Club, and Friends of Blackwater, was submitted to the Federal District Court of Northern West Virginia on February 1, 2007. This is described in the news article at the end of this Update. We are hopeful and optimistic that the Settlement will be approved by the Court. 2. Longview Power Plant. CLEAR is one of the three organizations and individuals making up the Intervenor named Barbara Born, et al. (aka “Concerned Citizens”. The other two are the Citizens for Responsible Development and the Citizens for Alternatives to Longview Power (aka CALP, now an integral part of the Mon Valley Clean Air Coalition). Concerned Citizens participated in the Public Hearing at the Public Service Commission on January 14, 2007, to raise concerns about the regional and environmental impacts of the proposed changes that Longview is requesting to be made in the proposed power plant, now to be 695 MW. Concerned Citizens submitted an Initial Brief on January 31st and will file a Reply Brief on February 5th. These and the other documents can be viewed on the following web site: _www.psc.state.wv.us_ (http://www.psc.state.wv.us) , then select “Case Information”, then “Case”, and search on the name “Longview”. You can then “View Activity”. 3. Recreation Plan for Cheat Lake Park & Trail. This is a priority area of interest to CLEAR. Documents were filed in 2006 in support of more cooperative involvement of Allegheny Energy with CLEAR and other local organizations. Some preliminary progress has been made in recent talks with AE. 4. Erosion, Subsidence, Debris. Shoreline erosion, hillside subsidence, and lake debris are all significant topics on which progress has been slow. Recent talks have suggested some avenues for progress on shoreline erosion. Alternatives are being explored at the present time. 5. Swimming beach. CLEAR continues to support the establishment of a swimming beach with public access on Cheat Lake. The preferred site is just inside the 6. Funding. CLEAR completed a $ 5,000 study of water quality at specific locations in the Lake in 2006, under the WV Stream Partners program. The Monongalia County Commission has provided $ 2,000 for recreational programming in fiscal 2006-2007, to be spent by the end of June 2007. And, CLEAR will apply for an additional $ 2,000 for the coming fiscal year. 7. Office. A one room office is being rented at 219 Wall Street in downtown Morgantown for CLEAR activities. This is near the Courthouse, Public Library, downtown Campus of WVU, and Morgantown postoffice. This room adjoins the offices of Downstream Strategies and of Friends of Deckers Creek. It is just one block away from the office of the Coopers Rock Foundation. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> “Cheat canyon logging lawsuit to be settled” Logger cedes to environmentalists, says it will protect endangered bats, snails. In Charleston Gazette Feb 2, 2007. By VICKI SMITH, Associated Press Writer, 02-01-2007. MORGANTOWN, W.Va. (AP) _ A company planning to cut timber in sensitive parts of the scenic Cheat River Canyon has agreed to protect habitat for two federally endangered species and settle a 2005 lawsuit filed by three West Virginia environmental groups. Documents filed with the Northern District of U.S. District Court indicate both Allegheny Wood Products and the environmentalists want to settle the lawsuit, which argued logging posed a hazard to the Indiana bat and the Cheat three-toothed snail, a species known to exist only in the canyon. If approved by Judge Frederick P. Stamp, the proposed settlement filed late Wednesday would require Allegheny Wood Products to set aside six snail preserves on the north side of the canyon and one on the south, then protect them from all logging activity. The company would similarly protect bat habitat, conduct walkthroughs of the preserves and buffer areas, then file a written report before starting to log nearby. The lawsuit was filed by the Cheat Lake Environment and Recreation Association, the West Virginia chapter of the Sierra Club and Friends of Blackwater. It argued AWP had failed to conduct surveys of Indiana bats on the property despite the presence of caves and abandoned mines. Duane Nichols, president of the Cheat Lake group, said both sides are hopeful Stamp will approve the agreement, which would launch unprecedented cooperation between AWP and environmental activists. "What it means is we're going to work cooperatively with Allegheny Wood Products to jointly provide protection," he said Thursday, declining further comment until the deal is approved. "It's a partnership," added Judy Rodd, director of Friends of the Blackwater. "We're looking for some solid science to protect a very rare species for West Virginia, and we think it's in the public interest. We're very pleased we were able to come together. "It's a long-term relationship with a lot of work to be done," she said, "but I think it's exciting for both sides." AWP spokeswoman Donna Reckart said the company is concerned about threatened species and is pleased the two sides could agree on a protection plan. "This gives us the opportunity to continue managing our property in the future, but also to protect those species," she said. "It shows that it can be done, that land does not just have to be locked up forever because endangered species are found on that land." Allegheny Wood Products acquired nearly 5,000 acres from Allegheny Power in 2003 for $9.75 million and began building roads, cutting trees and planning logging activities the following year. The scenic Cheat River begins near Albright in Preston County and flows into Cheat Lake near Morgantown, about 70 miles south of Pittsburgh. Some trees that were slated to be cut are visible from Coopers Rock State Forest, which has a lookout for tourists near Morgantown. The proposed settlement requires the parties to choose a team of experts that would delineate the preserves and buffer areas. The environmental groups agree to raise money to cover half the costs incurred by the team, though AWP agrees to foot the bill up front if the money isn't raised before the final report. The proposal also limits road improvements Allegheny Wood Products had planned and requires the company to use temporary, portable bridges for moving logs when it can't cut trees without crossing a protected area. ¶ Under the settlement, AWP also agrees to provide escorted daylight access to the protected areas so the environmentalists can monitor the logging activities. ¶ Once the plan is fully implemented, AWP would open the north side of the canyon to limited public access, but deny motorized and wheeled vehicles. ¶ Camping and hunting would also be banned, and the area could be closed during rifle seasons and when AWP is working in the area. ¶ On the Net: _http://www.manandmollusc.net/Cheat-threetooth/Cheat-threetooth.html_ (http://www.manandmollusc.net/Cheat-threetooth/Cheat-threetooth.html)

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