EC February 2010

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35 discussions

FW: March 11 in Clarksburg - PATH opponents should make a showing!
by Grubb, Karen 01 Mar '10

01 Mar '10

>From Bill Howley, winner of WVEC Grassroots activist. ________________________________ From: Tina Rappaport [mailto:tinazipp@gmail.com] Sent: Sat 2/27/2010 10:25 AM Subject: March 11 in Clarksburg - PATH opponents should make a showing! Hi all, If you haven't seen Bill's blog today, I've included it below. Many folks know that the blackouts in their area were due to neglected powerlines and fallen trees, not grid overload. This is a good opportunity to say it publicly!! Please forward to all you can! Let's take 'em by storm!! hahaha My best, Tina Rappaport Bill Howley's excellent blog <http://calhounpowerline.wordpress.com/> WV PSC Public Hearing on WV Power Blackout Coming Up On March 11 <http://calhounpowerline.wordpress.com/2010/02/26/wv-psc-public-hearing-on-w…> The WV Public Service Commission will be holding a public hearing on the December 2009 blackout that struck southern and central West Virginia. The PSC is in the middle of studying the causes of the blackout. The hearing will be held on Thursday, March 11 at 6:00 p.m. at he Harrison County Recreation Complex/4-H Center located on 23 Recreation Drive in Clarksburg. If you have been involved in the fight against PATH, you should try to attend this hearing. The PSC has heard a lot from AEP/Allegheny about how PATH might improve "grid reliability" somewhere on the east coast sometime in the future. Meanwhile, in the here and now in West Virginia, AEP's and Allegheny's distribution system has collapsed from neglect. We need to show up at this hearing to remind the PSC what Allegheny CEO Evanson, the eighth highest paid CEO in the US, said last month: And we'll be vigilant in our efforts to control costs and spending. Our plan is to keep [inaudible] O&M [Operations & Maintenance] flat marking the fifth consecutive year of no increase in costs, an accomplishment I think few can match. One thing is for certain - during those same five years, Mr. Evanson's outrageous salary and bonuses continued to rise, even if Allegheny's spending on its local power lines did not. The WV PSC needs to stand up for West Virginia's electricity users, not consumers in other states - and we need to show up on March 11 and let them know it. See you there. Bring your neighbors. The fact that you may be an intervenor in the PATH case does not prevent you from testifying at this PSC hearing. This is an entirely different case, so all PATH intervenors will be able to speak to the PSC. (Here is a link to a map to the Rec Center) <http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=23+recreation+d…>

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REPORT ON RALEIGH COUNTY TRIAL OF ADAM PAULEY - GUILTY OF ASSAULT ON KAYFORD MOUNTAIN
by William V. DePaulo, Esq. 28 Feb '10

28 Feb '10

*ADAM PAULEY FOUND GUILTY OF ASSAULT * Following a bench trial Friday morning, Raleigh County Magistrate Rick Jones found Adam Pauley guilty of misdemeanor assault for threatening to cut the throat of a mother and her child at Larry Gibson’s 2009 Fourth of July gathering of family and anti-MTR activists on Kayford Mountain. In the same sentence finding Pauley guilty, Jones imposed a $100 fine and placed Pauley on six months unsupervised probation, which he noted will extend through 2010’s Fourth of July event. Was it worth the time and effort of Larry and his friends to obtain a sentence which on its face appears to be fairly paltry; particularly where Pauley offered to plead guilty to the charge before trial, conditioned on the imposition of the same punishment? Larry and those with him Friday believe the answer to that question is yes. Why? There is a broad perception among anti-MTR advocates that the judicial system is stacked solidly against them. The harsh bail terms and sentences passed out to Ground Zero’s tree-top activists, and the ongoing trespassing trial before newly-appointed US District Judge Irene Berger, have convinced some that there is a clear double standard in effect: outrageous crimes against the environment are routinely discounted if not disregarded entirely, while plainly innocuous tree-top political theatre receives the full brunt of the law. So why isn’t a $100 fine, plus probation, for a crime of violence simply more of the same? Because the outcome – although obvious to anyone of the 50,000+ people who have viewed the youtube.com/ video (enter search term “Kayford Mountain”) of Pauley’s assault on the Fourth of July – was not by any means a given in a courtroom in the middle of the coal fields. First, it took the State Police two months to bring the charges, and the Trooper who testified at Friday’s trial stated that he was ordered by his superiors to file the complaint (the Trooper earlier told Larry that he thought the Kayford Mountain gatherings were a “set up” for Pauley and others who have been charged with violence). Second, the prosecutor had not subpoenaed a single witness for the trial. Not the videographer who made the youtube video; not the woman whose life was threatened; not Larry Gibson. No one. Third, not a single journalist appeared (although many were present for a December hearing). Larry showed up on his own, as did “Christians for the Mountains” activist, Sage Russo, and OHVEC’s Dianne Brady. Fourth, entering the Magistrate Court annex building, Larry was subjected to an unnecessarily tactile bodily search by the officer in charge, clearly and openly hostile to Larry (who can’t be missed in his fluorescent yellow anti-MTR hat and jacket). The same officer couldn’t manage to look Larry’s lawyer (yes, briefcase, blue suit, tie, overcoat), in the eye. And, on entering the court room, Pauley’s defense counsel tried to fix the parameters of the role Larry Gibson’s private lawyer expected to play in the criminal proceedings. Response: “When I need your advice on how to practice law, I’ll ask for it.” Fifth, in his opening testimony, Larry Gibson initially was reluctant to testify that Pauley had “placed him in reasonable apprehension of serious bodily injury” – a finding necessary to sustain the charge of assault – because he simply didn’t want to admit he was afraid; call it testosterone-driven testimony. But the tenor of the trial changed, when Pauley -- who exercised his right under the Fifth Amendment not to testify -- made contemptuous sneering smiles, stopping just short of audible laughter, as Larry testified. Magistrate Jones abruptly interrupted the proceedings and advised Pauley that if he didn’t conduct himself properly he would be removed from the trial. Surprised, Pauley straightened up, but too late to affect his trial’s outcome. After the unedited youtube video (with less than perfect audio) played, Pauley’s defense counsel renewed a motion to exclude it from evidence, lamely arguing that Pauley’s gesture of pulling his finger across his throat, while yelling at a woman, could have been an innocent directive to stop talking. Enter the testosterone-free testimony of Sage Russo, who calmly recounted that he was close enough to Pauley to hear him say he’d cut the woman’s throat and her baby’s throat, close enough to observe the father come take the baby out of the mother’s arms and retreat away from Pauley, and observant enough to testify that some people actually ran away from Pauley and his entourage. Pauley was toast. Pressed by defense counsel as to why Russo didn’t run if Pauley was really all that scary, Russo testified that his extensive training in non-violence and peace-keeping had taught him to maintain a distance but never to run, even when threatened with violence, as he was. At the end of the trial, Magistrate Jones did not hand wring over a verdict. Making indirect reference to the MTR dispute as the “ongoing matters in western Raleigh County,” Jones said the merits of that debate had nothing to do with the issues before him -- “People have a right to come together peacefully regardless of their views” – and pronounced Pauley guilty of assault. The message was unambiguous and important: don’t count on judges whom you may think share your political views to bail you out of criminal conduct. The sentence imposed may be viewed as light by some, but would not have been unusual for virtually any other first offense, where no one was physically injured. To that extent, it underscored the broader principle that led to the finding of guilt, and reaffirmed concretely the overriding principle of our jurisprudence -- equal justice under law. That was the saving grace of Friday’s trial. -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com This electronic mail is intended to be received and read only by certain individuals. It may contain information that is privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you received this in error, please notify me by replying and then delete this message and your reply. These restrictions apply to any attachment to this email.

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Fw: Stop Path Health Spot
by Frank Young 26 Feb '10

26 Feb '10

----- Original Message ----- From: Keryn Newman To: Frank Young Sent: Friday, February 26, 2010 4:56 PM Subject: Fwd: Stop Path Health Spot Frank - here is the completed "health effects" commercial for your review/comment. Keryn Begin forwarded message: From: darla(a)growthmediaservices.com Date: February 22, 2010 9:06:41 PM EST To: "Keryn Newman" <keryn(a)frontiernet.net>, "Patience Wait" <pwaitster(a)gmail.com> Subject: Stop Path Health Spot Patience and Keryn, Attached is the finished commercial from this weekend's shoot. I will get all of your files onto disk and ready for you. Also, Clint mentioned, that you needed a disc on loop for an event, let me know if you want a single spot or all four to loop. Let me know when we can get together for a few minutes so that I can get this to you. Darla Confidentiality Notice: The information in this e-mail and any attachments may be legally privileged and confidential. It is intended solely for the addressee. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person. -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Frank - here is the completed "health effects" commercial for your review/comment. Keryn Begin forwarded message: > From: darla(a)growthmediaservices.com > Date: February 22, 2010 9:06:41 PM EST > To: "Keryn Newman" <keryn(a)frontiernet.net>, "Patience Wait" <pwaitster(a)gmail.com> > Subject: Stop Path Health Spot > > Patience and Keryn, > > Attached is the finished commercial from this weekend's shoot. I will get all of your files onto disk and ready for you. Also, Clint mentioned, that you needed a disc on loop for an event, let me know if you want a single spot or all four to loop. Let me know when we can get together for a few minutes so that I can get this to you. > > Darla > > Confidentiality Notice: The information in this e-mail and any attachments may be legally privileged and confidential. It is intended solely for the addressee. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person.

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Fw: Reivised Radio Ads]
by Frank Young 26 Feb '10

26 Feb '10

----- Original Message ----- From: darla(a)growthmediaservices.com To: Frank Young Sent: Friday, February 26, 2010 11:44 AM Subject: [FWD: Reivised Radio Ads] Frank. Here are the other two radio ads Darla

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Fw: Revised Radio Ads 2nd Batch]
by Frank Young 26 Feb '10

26 Feb '10

----- Original Message ----- From: darla(a)growthmediaservices.com To: Frank Young Sent: Friday, February 26, 2010 11:43 AM Subject: [FWD: Revised Radio Ads 2nd Batch] Frank, We finally got a break in the weather to get the final videos completed last weekend. Clint will upload them to you later today. In the meantime, here are two of the radio ads... more files to follow. Darla Confidentiality Notice: The information in this e-mail and any attachments may be legally privileged and confidential. It is intended solely for the addressee. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person.

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Fwd: Mingo County CTL air permit approved.
by James Kotcon 26 Feb '10

26 Feb '10

>>> "Bill Price" <bill.price(a)sierraclub.org> 2/26/2010 9:52 AM >>> http://www.dep.wv.gov/daq/permitting/Documents/R13-2791Notification.pdf Bill Price, Sierra Club EJ Program 922 Quarrier Street, Suite 304 Charleston, WV 25311 Cell 304-389-8822 Fax 304-342-3182

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Fwd: Know how your Congress Is Voting
by Paul Wilson 26 Feb '10

26 Feb '10

I signed up for this. Very useful website. Check it out.. paul p.s. might be something worthwhile to list on our website or in the newsletter under "resources" ---------- Forwarded message ---------- From: <pjpaulgrunt(a)netscape.net> Date: Wed, Feb 24, 2010 at 9:56 AM Subject: Re: Know how your Congress Is Voting To: carolkirschner(a)hotmail.com Cc: pjgrunt(a)gmail.com Thanks, Carol: I did sign up and book-marked their home page. hope all is well with you guys, love, paul -----Original Message----- From: Carol Ann Kirschner <carolkirschner(a)hotmail.com> Mrs. Carol A. Kirschner 520 Hawkins Road East Selden, NY 11784-1943 Phone: 631-732-7670 ------------------------------ From: LAdd259311(a)aol.com Date: Sat, 20 Feb 2010 22:09:07 -0500 Subject: (no subject) To: eaddessi(a)tampabay.rr.com * Helpful info to have a say in our government. If you go to the below web site and sign up, you can track your representatives voting record by e-mail. They will e-mail your representatives voting record for that month. They don't bother you with a lot of junk mail. Just the voting record. I copy and paste it to a file in my Documents so I have their records on hand if necessary. If enough people know about this and send their thoughts and concerns to their representative then we still have a voice. If you are so inclined please pass on. Congress.org - : MegaVote Sign-up<http://www.congress.org/congressorg/megavote/> * = -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Fwd: TransGas Development Systems, LLC R13-2791
by James Kotcon 26 Feb '10

26 Feb '10

Here we go again!. JBK >>> "Kessler, Joseph R" <Joseph.R.Kessler(a)wv.gov> 2/25/2010 11:02 PM >>> The West Virginia Division of Air Quality has completed its evaluation of all submitted comments and made a final determination to issue Permit R13-2791 (with revisions) to TransGas Development Systems, LLC for construction of a Coal-to-Liquids Plant near Wharncliffe, Mingo County, WV. The final permit and response to comments document are available for download at: http://www.dep.wv.gov/daq. Hard copies will follow in the mail. Sincerely, Joe Kessler, PE Engineer West Virginia Division of Air Quality 601-57th St., SE Charleston, WV 25304 Phone: (304) 926-0499 x1219 Fax: (304) 926-0478 Joseph.r.kessler(a)wv.gov

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Dunkard Creek: Citizens to sue over CONSOL pollution
by Frank Young 25 Feb '10

25 Feb '10

The Sierra Club and the West Virginia Highlands Conservancy just announced that they plan to sue CONSOL Energy to try to force the company to "stop releasing harmful pollution" into Dunkard Creek. For the complete article, including quotes by Sierra's Jim Kotcon and WVHC's Cindy Rank, click on: http://blogs.wvgazette.com/coaltattoo/2010/02/25/dunkard-creek-update-citiz… According to a news release issued by the groups: "Consol's own instream monitoring data show that for years chloride pollution from its operations has exceeded water quality standards. That pollution contributed to a toxic golden algae bloom that killed nearly all the aquatic life in a 35-mile stretch of Dunkard Creek last year on the Pennsylvania border with northern West Virginia." Jim Hecker, environmental enforcement director at Public Justice, is representing the citizen groups along with Derek Teaney of the Appalachian Center for the Economy and the Environment. Hecker said: "The recent Dunkard Creek fish kill was the same wake-up call for the coal industry that the Exxon Valdez spill was for the oil industry."

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Fw: [energy activists] PLEASE FORWARD: Make Calls for Urgent Senate Action
by Jim Sconyers 25 Feb '10

25 Feb '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Wed, 2/24/10, Christina Yagjian <Christina.Yagjian(a)sierraclub.org> wrote: From: Christina Yagjian <Christina.Yagjian(a)sierraclub.org> Subject: [energy activists] PLEASE FORWARD: Make Calls for Urgent Senate Action To: "Christina Yagjian" <Christina.Yagjian(a)sierraclub.org> Date: Wednesday, February 24, 2010, 2:39 PM PLEASE FORWARD TO YOUR LISTS! Over a dozen environmental groups are joining forces next week for a 72 hour call in from March 2nd - 4th to demand urgent Senate action on clean energy and climate legislation. Our window of opportunity to bring this legislation to the floor this spring is narrowing. We need your help to ensure that the Senate makes this a priority! On Wednesday, March 3rd we are making calls to Sierra Club members in key states and patching them through to their senator's voicemail to leave a message. MAKE CALLS: sierraclub.org/climateleaders HOST A PHONE PARTY: action.sierraclub.org/climateleaders_octphone Hosting a party is easy! We'll send you a script and instructions for using our calling system two days before the phone bank. You won't need a computer, but each caller will need a touch tone phone, so ask everyone to bring their cell. What: Throw a party with your friends to call Sierra Club activists in key states and connect them directly to their senator's office. When: Wednesday, March 3rd from 6-10pm ET, 3-7 pm PT. Join for as long as you can, whether it's few hours or thirty minutes. Training: Join a training call at 6pm ET/3pm PT and again at 8:30pm ET/5:30pm PT on Wednesday to get familiar with the phone banking tool. Where: Your living room! Thanks for all you do, Christina Marie Yagjian National Conservation Organizer Sierra Club, Global Warming and Energy sierraclub.org/climateleaders 202.675.7911

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EC February 2010