EC March 2010

ec@lists.wvsierraclub.org

12 participants
36 discussions

Fw: An article on international Natural Gas situation
by Jim Sconyers 19 Mar '10

19 Mar '10

FYI - pretty interesting. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Fri, 3/19/10, Sunil Somalwar <sunil.somalwar(a)GMAIL.COM> wrote: From: Sunil Somalwar <sunil.somalwar(a)GMAIL.COM> Subject: An article on international Natural Gas situation To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Date: Friday, March 19, 2010, 4:41 AM Don't know how reliable this article is, but seems mostly factual. http://ibtimes.com.au/articles/20100319/watch-unconventional-gas.htm Watch "Unconventional Gas" Sunil Somalwar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp

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Fw: Re: Conversation With Mike Brune
by Jim Sconyers 19 Mar '10

19 Mar '10

FYI - phone conf call with Mike Brune, new Sierra Club Executive Director. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Fri, 3/19/10, Christina Yagjian <Christina.Yagjian(a)SIERRACLUB.ORG> wrote: From: Christina Yagjian <Christina.Yagjian(a)SIERRACLUB.ORG> Subject: Re: Conversation With Mike Brune To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Date: Friday, March 19, 2010, 5:03 PM You can hear the call with Michael Brune here: http://www2.teleconferencingcenter.com/moderator/BroadcastFrame.jsp?id=37e2… At the prompt, enter your name and email. To access by phone, call 888-899-7904 and enter the playback ID — 104380074# Regards, Christina Marie Yagjian National Conservation Organizer Sierra Club, Global Warming and Energy sierraclub.org/climateleaders 202.675.7911 From: Scott Elkins <scott.elkins(a)SIERRACLUB.ORG> To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Date: 03/19/2010 04:51 PM Subject: Re: [GW-ACT-LEADERS] Conversation With Mike Brune Sent by: Chp & Grp Global Warming Energy Chairs <CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG> Thanks for the prompt, Linda. I’m checking to see if it got recorded and when it will be available. I’ll respond as soon as I hear back. Scott Scott Elkins, Director for Chapter Coordination Sierra Club 612-659-9124 From: Chp & Grp Global Warming Energy Chairs [mailto:CONS-SPST-GLOBALWARM-CHAIRS@LISTS.SIERRACLUB.ORG] On Behalf Of Linda Isaacson Fedele Sent: Thursday, March 18, 2010 8:59 PM To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Subject: Re: [GW-ACT-LEADERS] Conversation With Mike Brune Hi, Scott, Was the Monday evening conference call ever recorded in any way? I'd sure like to hear it, and I'm sure others would, too. Thanks, -Linda EMAILING FOR THE GREATER GOOD Join me Date: Mon, 15 Mar 2010 14:27:50 -0500 From: scott.elkins(a)SIERRACLUB.ORG Subject: Re: [GW-ACT-LEADERS] Conversation With Mike Brune To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Linda: That’s a good idea, and I just inquired with Rod MacKenzie about setting up the call to record. We’re going to do it, but it is going to take a little bit of time to forward a link where folks can listen to the call. The long and short of it is that the conference call company charges $0.10/minute for each person who listens to the recording. So, we’re going to try to download the recording and put it on our own server so that we can avoid that charge. Scott Scott Elkins, Director for Chapter Coordination Sierra Club 612-659-9124 From: Chp & Grp Global Warming Energy Chairs [mailto:CONS-SPST-GLOBALWARM-CHAIRS@LISTS.SIERRACLUB.ORG] On Behalf Of Linda Isaacson Fedele Sent: Monday, March 15, 2010 1:09 PM To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Subject: Re: [GW-ACT-LEADERS] Conversation With Mike Brune Will the conversation be recorded so that those of us who are unable to particpate in the live call can listen in after-the-fact? This sounds extremely valuable. Thanks. Thanks, -Linda Rochester Regional Group EMAILING FOR THE GREATER GOOD Join me Date: Fri, 12 Mar 2010 18:33:20 -0500 From: Dave.Hamilton(a)SIERRACLUB.ORG Subject: [GW-ACT-LEADERS] Conversation With Mike Brune To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG All, Yesterday, I offered to hold a call to discuss the Nation article. Citing many of the concerns I read on this list, I proposed to top management that we address these issues quickly and forthrightly to our own leaders. That proved to be such a popular idea that new Executive Director Mike Brune is going to talk about them with Club leaders on his first day on the job. So consider yourselves invited. I know Carl Pope was working on a more in-depth response to the Nation article and that should be available before the call. I hope you join us on Monday! Dave Join us Monday as Vice President of Conservation Robin Mann introduces Michael Brune on his first day as Sierra Club's Executive Director. Mike will share his vision for winning on climate change, protecting the places and communities we love and building the Sierra Club. Among other topics, Mike and Robin will share their views on the Nation's recent article, "The Wrong Kind of Green." We hope you'll join us to welcome Mike! Day: Monday, March 15 Time: 8 PM ET/7 PM CT/6 PM MT/5 PM PT Conference Call Number: 866-501-6174 and use the conference code 1892-005#. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp

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FW: Net metering rules: Comments to PSC needed on by April 4th at 4pm [1 Attachment]
by James Kotcon 19 Mar '10

19 Mar '10

I think we need to comment on these net metering rules. The points below are a good start. I am especially opposed to the proposal to allow net metering credits for non-renewable energy sources, as this significantly dilutes the incentive for renewables. I am sure that several of the experts on the Energy Committee could draft such a comment letter, but this is an opportunity for some new volunteers to step up and tackle a new and emerging issue. I can provide sources of info on net-metering, as well as precedents set in numerous other states. And if you want a few great talking points about why we want to stop subsidizing coal, see the blog from Bruce Nilles on Grist or the Huffington Post, available at: Grist - http://www.grist.org/member/11566/ Huffington Post - http://www.huffingtonpost.com/bruce-nilles Any volunteers? JBK >>> "John Christensen" <jbc329(a)earthlink.net> 3/17/2010 1:32 PM >>> [Attachment(s) from John Christensen included below] Forgive me if you received this email in error but indulge me if you are concerned about WV interconnection and net metering standards which are sorely lacking. Let's generate some comments so to give our WV PSC something to work on and put them on notice that better standards are needed to encourage growth in the renewable energy sector. Attached is the fact sheet from our net metering legislation introduced this past session. John Christensen Mountain View Solar and Wind Consultation, Sales, and Installation 410-499-4873 cell www.mtvsolar.com ----- Original Message ----- From: John Christensen To: Aaron Stoner;Clay Herzog;Colin Williams;Greg Reineke;John Christensen;John Smith;Mike McKechnie;Mountain View Builders;Sunny Pitcher;Tonya Sornson Sent: 3/17/2010 12:39:30 PM Subject: IREC article to be commented on by April 4th at 4pm WEST VIRGINIA On February 2, the West Virginia Public Service Commission issued proposed modifications to the state’s net metering and interconnection rules under WV PSC General Order 258. These changes are pursuant to WV House Bill 103, and House Bill 408 in 2009. Highlights of the proposal include: • An increase in the aggregate participation limit from 0.1% of utility’s total load to 1% of the utility aggregate customer peak demand • Net excess generation during a billing period carries over at the full retail rate for up to 12 months and excess kWhs at the end of the annual period are reconciled at the utility’s avoided cost rate • System size limits are 25kW for residential, 500kW for commercial and 2MW for industrial customers • Customer owns RECs associated with generation • Virtual meter aggregation is allowed for meters within two miles of properties owned or leased by a customer within two miles of the customer’s property. For these arrangements, excess credits will be applied first to the meter through which the facility supplies electricity to the distribution system, then prorated equally to the remaining meters on the account There are also several red flags associated with this proposal, which are not in keeping with many other state rules or what IREC considers best practices: • Customer must pay for construction or upgrades to the electric utility system, should they be required in order to interconnect the facility (which could be cost-prohibitive) • Net metering is allowed for non-renewable resources (i.e. "alternative" sources) including waste coal, natural gas, tire-derived fuel and other non-renewable sources • All systems are required to have a redundant utility external disconnect switch • Customers must maintain at least $100,000 of liability insurance or such amount of coverage reasonably deemed necessary by the utility to protect its plant and other customers • Rules are vague regarding interconnection fees, terms and charges Comments on this proposal must be filed with the PSC by April 5, 2010. We must decide whether we need to call for a public hearing soon, March 30 is the deadline for that. We need to file comments no later than April 4th. Let's get a letter writing campaign going amongst our considerable contact list to see if we can generate some buzz....or not...whatever we decide is best for our company and the state. JB John Christensen Mountain View Solar and Wind Consultation, Sales, and Installation 410-499-4873 cell www.mtvsolar.com __._,_.___ Attachment(s) from John Christensen 1 of 1 File(s) Improvements to Net Metering HB 4391.doc Reply to sender | Reply to group | Reply via web post | Start a New Topic Messages in this topic (1) Recent Activity: Visit Your Group Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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Fwd: EIP Report: Electric Power Industry 'Not Making A Dent' in Dangerous Mercury Pollution, ... -- A
by James Kotcon 19 Mar '10

19 Mar '10

New Report on mercury emissions.West Virginia is in the top 10 among states.Amos is the largest source, but Fort Martin is dirtier in terms of pound mercury per MWh.But the Beechurst Avenue Morgantown plant, although relatively small in total generation, has an emissions rate that is even higher. Not sure what is going on there.http://www.environmentalintegrity.org/news_reports/documents/DirtyKil… cc:Mail Users----------------------------- ** Remember to DELETE the 'Sender: ...' lines above before REPLYing ** ---------------------------------------------------------------------- >>> Jeff Schmidt <jeff.schmidt(a)sierraclub.org> 3/18/2010 4:01 PM >>> http://www.prnewswire.com/news-releases/eip-report-electric-power-industry-… - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-FRED list, send any message to: CONS-FRED-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp

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Re: [EC] Fw: Going after Massey indirectly
by Jim Sconyers 15 Mar '10

15 Mar '10

Woohooooo! Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Mon, 3/15/10, Aaron Isherwood <aaron.isherwood(a)sierraclub.org> wrote: From: Aaron Isherwood <aaron.isherwood(a)sierraclub.org> Subject: Fw: Going after Massey indirectly To: "Jim Sconyers" <jim_scon(a)yahoo.com>, "Regina Hendrix" <reginahendrix999(a)gmail.com>, "William DePaulo" <william.depaulo(a)gmail.com> Date: Monday, March 15, 2010, 12:49 PM Fyi... ----- Forwarded by Aaron Isherwood/Sierraclub on 03/15/2010 09:48 AM ----- From: Bruce Nilles/Sierraclub To: Date: 03/14/2010 04:43 PM Subject: Wisconsin State Journal: A century of coal-burning ends at downtown power plant We did it. The first of the three downtown coal plants in Madison (WI) has stopped burning coal. When any of you visit Madison in the future, the air will be cleaner, the fish safer, and the City's carbon footprint diminished. The immediate benefits of this will be felt as far away as West Virginia, because the state was using Massey coal. No more. The next two coal plants will end coal use in 2011 per our court agreement. Special thanks to Jennifer Feyerherm, our attorney David Bender, and a great team of volunteer leaders who made this all happen. And stay tuned for more news on additional state-owned coal plants going down in the near future. Cheers, Bruce http://host.madison.com/wsj/news/local/environment/article_10fe7ed4-2e93-11… A century of coal-burning ends at downtown power plant By DEE J. HALL | dhall(a)madison.com | 608-252-6132 | Posted: Saturday, March 13, 2010 5:18 am For the first time in 100 years, no coal is being burned at Downtown Madison's Capitol Heat and Power Plant, said David Helbach, Wisconsin's director of state facilities. Late last month, the state shut down its coal burners at the plant, which provides steam and chilled water to the state Capitol and nearby state office buildings. The state will spend about $25 million this fall to install gas boilers that will allow the plant to cool and heat Downtown office buildings using only natural gas, Helbach said. In the interim, the plant is using smaller boilers already in place and will buy electricity from Madison Gas & Electric as needed. "We'll be able to produce all of the steam and chilled water we need without using coal," Helbach said. The switchover is part of a court agreement between the state and the Sierra Club calling for the elimination of coal at two state-owned plants: UW-Madison's Charter Street Heating Plant and the Capitol plant. Converting the Charter Street plant from coal to biomass is expected to cost $251 million. Last month, the state Department of Administration also announced changes at six other coal-fired heating plants that will reduce or eliminate the use of coal at those locations. Coal burning is a major producer of particulate pollution, greenhouse gases and mercury contamination in fish. DOA Secretary Michael Morgan announced the state would install additional pollution controls, eliminate coal use or possibly shut down five coal-fired heating plants at Mendota Mental Health Institution in Madison and UW campuses at Eau Claire, La Crosse, Oshkosh and River Falls. The department also said it would stop using coal at the state-owned heating plant in Waupun that serves Waupun, Dodge and Burke correctional institutions and other state-owned buildings in the area. The Wisconsin Department of Natural Resources had determined that those plants were violating the federal Clean Air Act. Jennifer Feyerherm, director of the Sierra Club's Wisconsin Clean Energy Campaign, called kicking coal at the Capitol plant "a wonderful thing." "I know that hundreds and hundreds of activists and volunteers around the state who've been pushing for this are excited that we have our first state plant officially off coal," she said. Bruce Nilles, Director Beyond Coal Campaign Sierra Club 408 C Street NE Washington, DC 20002 T: 202.675.7905 C: 608.712.9725 E: bruce.nilles(a)sierraclub.org W: www.sierraclub.org/coal

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Re: [EC] PSC and Net Metering
by DSGJr＠aol.com 15 Mar '10

15 Mar '10

Excellent, Frank. This is exactly what I needed. Thanks. don garvin In a message dated 3/15/2010 12:07:49 P.M. Eastern Standard Time, fyoung(a)mountain.net writes: Don, pursuant to the 2009 legislature's HB 408, the PSC is promulgating new net metering rules. The order with the proposed new rules and the dates for commenting on these new rules is here: _http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI D=288733&NotType='WebDocket'_ (http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket') Frank ----- Original Message ----- From: _DSGJr(a)aol.com_ (mailto:DSGJr@aol.com) To: _mjmb(a)westco.net_ (mailto:mjmb@westco.net) Cc: _fyoung(a)mountain.net_ (mailto:fyoung@mountain.net) ; _billhowley(a)hughes.net_ (mailto:billhowley@hughes.net) Sent: Monday, March 15, 2010 12:07 PM Subject: Re: PSC and Net Metering I guess I misunderstood the earlier emails about this. From what was sent around, I thought there was some sort of public comment period regarding a rate case or something new that PSC was considering on net metering. don In a message dated 3/15/2010 10:10:00 A.M. Eastern Standard Time, _mjmb(a)westco.net_ (mailto:mjmb@westco.net) writes: I've attached two files relating to PSC net metering rules. The second 1.20 MB file, February 2, 2010, is the most recent. From: _Bill Howley_ (mailto:billhowley@hughes.net) Sent: Monday, March 15, 2010 10:20 AM To: _DSGJr(a)aol.com_ (mailto:DSGJr@aol.com) Cc: _fyoung(a)mountain.net_ (mailto:fyoung@mountain.net) ; _John Balasko_ (mailto:mjmb@westco.net) Subject: Re: PSC and Net Metering Don, I haven't been following this. John Balasko has, so I have cc'd him on this reply. John, can you help Don out? Bill _DSGJr(a)aol.com_ (mailto:DSGJr@aol.com) wrote: Can one of you point me to the information on what PSC is doing on net metering? I am going to put out an action alert on public comment periods at PSC and DEP and I can't find the PSC information. Thanks, don garvin

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Fw: PEAK DEMAND IS DOWN, SAYS PJM!! Good news for us!
by Jim Sconyers 15 Mar '10

15 Mar '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Mon, 3/15/10, Tina Rappaport <tinazipp(a)gmail.com> wrote: From: Tina Rappaport <tinazipp(a)gmail.com> Subject: PEAK DEMAND IS DOWN, SAYS PJM!! Good news for us! To: Date: Monday, March 15, 2010, 11:51 AM Hi folks, Big news, big post on Bill Howley's Excellent Blog today!! This could be good for us! Too soon to tell though. Keep up to date on Bill's blog. http://calhounpowerline.wordpress.com/2010/03/15/peak-demand-falling-pjm-ca… I added Bill's blog to the "tabs" that open up each day when I open up my web browser. On a PC (not MAC) go to your Control Panel, find "Internet Options" and simply add Bill's blog, http://www.calhounpowerline.wordpress.com to the "homepage" list. My best always, Tina Rappaport 304-655-0003 SITE: www.URparamount.com BLOG: http://blog.urparamount.com EMAIL: Tina(a)URparamount.com TUPPERWARE: http://my2.tupperware.com/tup-html/U/urparamount-welcome.html

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Re: [EC] PSC and Net Metering
by Frank Young 15 Mar '10

15 Mar '10

Don, pursuant to the 2009 legislature's HB 408, the PSC is promulgating new net metering rules. The order with the proposed new rules and the dates for commenting on these new rules is here: http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…'WebDocket' Frank ----- Original Message ----- From: DSGJr(a)aol.com To: mjmb(a)westco.net Cc: fyoung(a)mountain.net ; billhowley(a)hughes.net Sent: Monday, March 15, 2010 12:07 PM Subject: Re: PSC and Net Metering I guess I misunderstood the earlier emails about this. From what was sent around, I thought there was some sort of public comment period regarding a rate case or something new that PSC was considering on net metering. don In a message dated 3/15/2010 10:10:00 A.M. Eastern Standard Time, mjmb(a)westco.net writes: I've attached two files relating to PSC net metering rules. The second 1.20 MB file, February 2, 2010, is the most recent. From: Bill Howley Sent: Monday, March 15, 2010 10:20 AM To: DSGJr(a)aol.com Cc: fyoung(a)mountain.net ; John Balasko Subject: Re: PSC and Net Metering Don, I haven't been following this. John Balasko has, so I have cc'd him on this reply. John, can you help Don out? Bill DSGJr(a)aol.com wrote: Can one of you point me to the information on what PSC is doing on net metering? I am going to put out an action alert on public comment periods at PSC and DEP and I can't find the PSC information. Thanks, don garvin

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Fw: TAKE ACTION: Stop the Dumping of Mining Waste in Our Water
by Jim Sconyers 15 Mar '10

15 Mar '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Mon, 3/15/10, Earthjustice Alerts <action(a)earthjustice.org> wrote: From: Earthjustice Alerts <action(a)earthjustice.org> Subject: TAKE ACTION: Stop the Dumping of Mining Waste in Our Water To: "Jim Sconyers" <jim_scon(a)yahoo.com> Date: Monday, March 15, 2010, 9:11 AM TAKE ACTION: Stop the Dumping of Mining Waste in Our Water! CALL: Stop the Dumping of Mining Waste in Our Water! Mining companies are using America's streams and lakes as dumping grounds for millions of tons of solid mining wastes. Call today to stop this destructive practice! Dear Jim, Taking advantage of a loophole that the Bush administration created in Clean Water Act rules, mining companies are using America's streams and lakes as dumping grounds for millions of tons of solid mining wastes. Companies are burying streams with mountaintop removal coal mining waste in Appalachia and are planning to fill in a lake in Alaska with waste from gold mining. The Environmental Protection Agency and the Army Corps of Engineers have the authority to close the waste loophole in the Clean Water Act, and President Obama should instruct the agencies to do so immediately. The mining industry is enormously powerful and will spare no expense in fighting this needed change, so it is important to start the process of fixing this terrible loophole now. But in order to close the Bush loophole, the EPA and the Corps need leadership and immediate direction from the White House to act now, before more of our nation's precious waters are destroyed. Now is the time. Delaying this process will harm our waterways, our communities, our wildlife, and our ecosystems. Please call the White House today, March 15, as a part of the National Protect Waters from Mining Waste Day of Action. If you're unable to call on March 15, the White House still needs to hear from you—please call as soon as you can! Together, we can demonstrate to the White House the urgent need for action to restore the prohibition on dumping mining waste in our water. Make Your Call Today: The White House: 202-456-1414 (9AM–5PM ET) When the White House receptionist answers the phone, please leave a message with him or her, expressing your desire for the President to end dumping of mine waste in our waters. Here's a sample of what you can say (and we hope you will add your personal touch, too): "Hello! My name is Jim Sconyers, and I am calling from Terra Alta, West Virginia. "I'm calling to ask President Obama to end the dumping of mining waste in our water. Please restore the prohibition on filling waters with waste immediately. "Mining companies are using the 2002 loophole in the Clean Water Act rule to bury streams and lakes with untreated mining wastes. "From the mountaintop removal mines in Appalachia to the Kensington gold mine in Alaska, mining waste is destroying our streams and lakes. "President Obama should direct the EPA to close the mine waste dumping loophole immediately. Thank you." For more information on this issue, please visit Earthjustice's website. Thank you for taking the time to call! And please keep in touch: email action(a)earthjustice.org to tell us if you called, and about your experience. — Earthjustice Because the earth needs a good lawyer ©2010 Earthjustice | 426 17th Street, 6th Floor, Oakland, CA 94612 | 510-550-6700 | action(a)earthjustice.org Alert Tools Photo Credit Top: Mountaintop removal mining explosion. Bottom: Water polluted by mining waste. Credit: John Kalucki. View online: Having trouble viewing this email? View it in a browser. This email was delivered to you by Earthjustice. Update your personal information or remove your email address from Earthjustice's email list through your Subscription Management Page or by emailing Earthjustice. Powered by:

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Court to hear Chief Logan drilling appeal
by Frank Young 11 Mar '10

11 Mar '10

Blankhttp://www.wvgazette.com/News/201003111095 CHARLESTON, W.Va. -- The state Supreme Court has agreed to hear an appeal of a lower court ruling regarding new natural gas drilling proposed for Chief Logan State Park. Manchin administration officials and environmental groups filed the appeal, seeking to overturn Logan Circuit Judge Roger Perry's decision last year in favor of Cabot Oil & Gas. Justices voted 5-0 to hear the case. No date was immediately set for oral arguments, but the case would likely not be heard until the fall. "My clients are very happy that they will have an opportunity to present their case to our court," said Tom Rodd, attorney for the West Virginia Highlands Conservancy, the Friends of Blackwater and former parks chief Cordie Hudkins. "And I think Chief Logan is smiling down on us today for helping to protect his namesake state park." Rodd's clients, as well as the Sierra Club, joined the case after Perry had already ruled to overturn the state Department of Environmental Protection's decision to deny Cabot a permit for nearly three dozen new wells to extract gas from under the 3,600-acre park in Logan County. Cabot holds lease agreements for the gas, which is owned by the heirs of Anthony Lawson, one of the first English settlers of what is now Logan County. DEP lawyers have also appealed, as has the state Division of Natural Resources, which runs the state park system. Cabot has vowed to either drill the site or sue the state in a "takings" case to try to be compensated for millions of dollars in lost profits. In December 2007, then-DEP Secretary Stephanie Timmermeyer rejected Cabot's permit application, citing a state law that prohibits the DNR from allowing "extraction of minerals ... on or under any state park." Cabot appealed, and Perry ruled for the company. Among other things, the judge said the DEP has no authority to enforce a section of state law prohibiting the DNR from allowing gas drilling in parks. But Ray Franks, the DEP's general counsel, said in his Supreme Court petition that Perry was wrong to conclude that "the plain language of the DNR statute can be interpreted in any manner other than an utter and universal proscription of the exploitation of minerals for commercial purposes in any state park. "If DNR is prohibited by law from allowing the exploitation of natural resources underlying a state park because the Legislature has made a judgment that this sort of development cannot be squared with the need to protect the park's unique surface aesthetic, that is precisely the sort of environmental policy that DEP is required to acknowledge and to which it must conform its own conduct," Franks wrote. Reach Ken Ward Jr. at kw...(a)wvgazette.com or 304-348-1702.

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EC March 2010