June 2011 - EC - lists.bikelover.org

Natural gas prices set to jump with exports
by Jonathan Rosenbaum 04 Jul '11

04 Jul '11

Interesting article. http://www.pittsburghlive.com/x/pittsburghtrib/s_741745.html

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FW: [MarcellusGasInfo] NJ Assembly and Senate ban fracking
by Beth Little 30 Jun '11

30 Jun '11

Easy for them to do - they don't have any Marcellus shale. From: marcellusgasinfo(a)googlegroups.com [mailto:marcellusgasinfo@googlegroups.com] On Behalf Of Kim Knight Sent: Wednesday, June 29, 2011 10:45 PM To: ShaleShock; shaleshockcny CNY; marcellusgasinfo(a)googlegroups.com Subject: [MarcellusGasInfo] NJ Assembly and Senate ban fracking The NJ Senate banned fracking with a vote of 33-1 and the NJ Assembly banned it with a vote of 58-11. It is now down to whether the governor, Chris Christie, will sign it. Article: http://www.newsday.com/news/region-state/nj-lawmakers-pass-ban-on-gas-drilli ng-technique-1.2994891 Kim -- You received this message because you are subscribed to the Google Groups "MarcellusGasInfo" group. To post to this group, send email to marcellusgasinfo(a)googlegroups.com To unsubscribe from this group, send email to marcellusgasinfo+unsubscribe(a)googlegroups.com For more options, visit this group at http://groups.google.com/group/marcellusgasinfo?hl=en This listserv is managed and owned by the Binghamton Regional Sustainabiliy Coalition (BRSC) For our email list policy, visit For BRSC email list policy, visit http://groups.google.com/group/marcellusgasinfo/files _____ No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1388 / Virus Database: 1516/3735 - Release Date: 06/30/11

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Re: [EC] [wvec-board] E-Council Green Jam-Tues. Oct. 4th
by Frank Young 30 Jun '11

30 Jun '11

Thank you for the notice, Greg. That is the evening of special election day- October 4th. We could look at it as a victory party, or as an occasion to cry in our beer- whichever the election returns indicate. Frank ----- Original Message ----- From: Carroll, Greg B To: dsgjr(a)aol.com ; clrank2(a)gmail.com ; fyoung(a)mountain.net Cc: wvec-board(a)yahoogroups.com ; ec(a)osenergy.org ; wyro(a)appalight.com ; djsoeder(a)yahoo.com Sent: Thursday, June 30, 2011 10:55 AM Subject: [wvec-board] E-Council Green Jam-Tues. Oct. 4th Dear Folks , I wanted to make sure I got the right date out. NOT the 2nd but the 4th of Oct. That’s a Tuesday evening. The benefit will be at the Empty Glass in Charleston, Food –Music-Fun…after work from 6 to 10…..many local musicians! Please pass the word. Long time away but good to start in advance. Greg From: wvec-board(a)yahoogroups.com [mailto:wvec-board@yahoogroups.com] On Behalf Of dsgjr(a)aol.com Sent: Friday, June 24, 2011 3:10 PM To: clrank2(a)gmail.com; fyoung(a)mountain.net Cc: wvec-board(a)yahoogroups.com; ec(a)osenergy.org; wyro(a)appalight.com; djsoeder(a)yahoo.com Subject: Re: [wvec-board] Gas drilling hazardous waste landfill in Preston County? Actually, I have heard rumors that the other landfills in the area that DEP has authorized to receive this waste are none to happy about this new proposed landfill -- They don't want the competition! Like everything else in this world, it's all about the money. Don Garvin In a message dated 6/24/2011 12:15:35 P.M. Eastern Standard Time, clrank2(a)gmail.com writes: Yes, Frank. This has been and is a hot button issue for Friends of Cheat, the PA-WV watershed COMPACT, Upper Mon River Assoc. and all the Dunkard Creek, Sierra and other folks in northern WV where the bulk of the horizontal marcellus drilling is happening -- especially the two in Morgantown near the water intake... and the two in the Dunkard Creek watershed.... Chesapeake and others have already reduced or eliminated entirely the drilling pits and have been catching the drilling muds, etc in open truck beds (don't know the official terminology for them) and taking them to other already existing landfills ----- ... Dan may be aware of the attitudes of these landfill operators, but with the growing amount of waste generated by the drilling in these northern WV Counties i'm sure they can see their projected capacity quickly being stressed or stretched to the limits and welcome this new project to relieve pressure on their limits. .... Needless to say others in the communities are none too happy... Cindy ~~~~~~~~~~~~~~~~~ On Fri, Jun 24, 2011 at 12:36 PM, Frank Young <fyoung(a)mountain.net> wrote: This would seem to indicate public acknowledgement of serious waste disposal issues related to the by-products of shale gas drilling. ----- Original Message ----- From: Rick Buckley To: Frank Young ; Gordon Jones ; gary singleton ; John Gorrell ; Mike Reese Cc: Rick Buckley Sent: Friday, June 24, 2011 11:30 AM Subject: Landfill in Preston County I guess this issue did not go away. This is what I had mentioned last evening regarding creating a landfill in Preston County related to Marcellus drilling. (see attached) __._,_.___ Reply to sender | Reply to group | Reply via web post | Start a New Topic Messages in this topic (1) Recent Activity: Visit Your Group MARKETPLACE Stay on top of your group activity without leaving the page you're on - Get the Yahoo! Toolbar now. Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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Re: [EC] ash for Thursday
by Jim Sconyers 28 Jun '11

28 Jun '11

OK - How about instead I make up a handout: Coal Ash Top Ten Toxics Arsenic Selenium Cadmium Lead Mercury Jim et al - next five please. We have that for the media and to present to McKinley, along with a statement of our concerns...? Also - I'll have several signs for folks - unless you want to make your own. On Tue, Jun 21, 2011 at 10:18 AM, Petra&John Wood <pbjmwood(a)gmail.com> wrote: > Hi Jim - as I said in my earlier email, I have no access to getting fly > ash. sorry - petra > > > On Tue, Jun 21, 2011 at 10:09 AM, Jim Sconyers <jimscon(a)gmail.com> wrote: >> >> Hi Petra - can you get some actual ash for the Thursday event please? >> >> >> ---------- Forwarded message ---------- >> From: Jim Sconyers <jimscon(a)gmail.com> >> Date: Tue, Jun 21, 2011 at 10:07 AM >> Subject: Re: [EC] Fwd: Tr-Ash Talk: W.V. Rep. McKinley Sells Out >> Constituents >> To: Jim Sconyers <jim_scon(a)yahoo.com> >> Cc: James Kotcon <jkotcon(a)wvu.edu>, ec(a)osenergy.org, Nicole Good >> <nicolegood.wv(a)gmail.com>, Gwen Jones <gwenjones23(a)yahoo.com>, >> Petra&John Wood <pbjmwood(a)gmail.com> >> >> >> Folks - >> >> We're on for Thursday at 11:00 AM. >> Basic outline: >> Picket on sidewalk in front of the building, work with media if they >> come, then go inside to give our gifts of real coal ash to Congressman >> McKinley. We'll be sending a media alert later today - it is attached. >> >> Come on down - it'll be fun! >> >> <Sally - the time is now definite, so please send the request to Mon >> Group for folks to participate whenever you're ready - thanks.> >> >> On Mon, Jun 20, 2011 at 7:40 PM, Jim Sconyers <jim_scon(a)yahoo.com> wrote: >> > Can you join us for this on Thursday? We need numbers - you can speak if >> > you >> > like, but that is not required. Hold a sign, be one of the number >> > distressed >> > about McKinley on coal ash protection. >> > >> > Jim Sconyers >> > jim_scon(a)yahoo.com >> > 304.698.9628 >> > >> > Remember: Mother Nature bats last. >> > >> > ________________________________ >> > From: Jim Sconyers <jimscon(a)gmail.com> >> > To: James Kotcon <jkotcon(a)wvu.edu> >> > Cc: ec(a)osenergy.org; Nicole Good <nicolegood.wv(a)gmail.com>; Gwen Jones >> > <gwenjones23(a)yahoo.com>; Petra&John Wood <pbjmwood(a)gmail.com> >> > Sent: Mon, June 20, 2011 4:56:57 PM >> > Subject: Re: [EC] Fwd: Tr-Ash Talk: W.V. Rep. McKinley Sells Out >> > Constituents >> > >> > Does 11:00 Tursday work? Or do we need to move to 10:00? >> > >> > On Mon, Jun 20, 2011 at 4:23 PM, James Kotcon <jkotcon(a)wvu.edu> wrote: >> >> I agree tomorrow is too short notice. I have one meeting Thursday >> >> afternoon, but could possibly do things in the morning or at noon. >> >> >> >> JBK >> >> >> >>>>> Jim Sconyers <jimscon(a)gmail.com> 6/20/2011 4:15 PM >>> >> >> Folks - I don't see how we can do this tomorrow - haven't sent >> >> anything to media yet, they need at least 24 hours. >> >> >> >> How about we set it for Thurs 11:00? I know the mark-up may have >> >> already happened by then - or it may not. If not, we're fine. If it >> >> has, we blast him for what he did, not for what he's about to do. >> >> >> >> Feedback? >> >> >> >> On Mon, Jun 20, 2011 at 3:50 PM, Jim Sconyers <jimscon(a)gmail.com> >> >> wrote: >> >>> Here's what I think we need if we want to make this happen. >> >>> People - critical mass would be 4 - 5, more is good. >> >>> Signs - I can make 2 - "McKinley to Citizens: Kiss My Ash" "Coal Ash >> >>> in Our Air and Water - What the Health?" >> >>> Baggie of coal ash for each person >> >>> >> >>> A "plan" >> >>> The Morgantown office is staffed 9 - 5 M - F. >> >>> We go there, picket in front of the building (can anyone describe >> >> it, >> >>> location, sidewalk, etc.?) >> >>> Meet media in front if they show. I would say 11 AM - -? >> >>> Talk to media - what happened (is about to happen), why we're >> >>> concerned, story line being northern WV is epicenter of massive ash >> >>> dumping, yet McKinley wants to stop the EPA from protecting or >> >> health >> >>> through commonsense - or ANY - regulation of toxic coal ash. Who is >> >>> McKinley serving in Washington? Sure isn't the people of his >> >> district. >> >>> >> >>> Media alert - needs to go out within an hour or two of now. >> >>> >> >>> Can at least 4 - 5 commit to doing this? >> >>> >> >>> I can. >> >>> >> >>> Please use reply all..... >> >>> >> >>> Sally = please forward to Mon Group. >> >>> >> >>> 709 Beechurst Ave., Suite 14B >> >>> Morgantown, WV 26505 >> >>> Phone: 304.284.8506 >> >>> Hours: M-F: 9:00 a.m. to 5:00 p.m >> >>> >> >>> On Mon, Jun 20, 2011 at 3:31 PM, James Kotcon <jkotcon(a)wvu.edu> >> >> wrote: >> >>>> Note: The markup (on McKinley's bill) was rescheduled for next >> >> Tuesday, >> >>>> June 21 at 4 p.m. Actions Tuesday morning? >> >>>> >> >>>> JBK >> >>>> >> >>>>>>> Jim Sconyers <jimscon(a)gmail.com> 6/17/2011 3:24 PM >>> >> >>>> Jim - >> >>>> I think we need to do something. This worthless SOB needs some >> >>>> consequences. What can we do? How about picketing his Morgantown >> >>>> office and getting media there? Or.......? >> >>>> >> >>>> >> >>>> >> >>>> ---------- Forwarded message ---------- >> >>>> From: Raviya Ismail <rismail(a)earthjustice.org> >> >>>> Date: Fri, Jun 17, 2011 at 9:13 AM >> >>>> Subject: Tr-Ash Talk: W.V. Rep. McKinley Sells Out Constituents >> >>>> To: COAL-COMBUSTION-WASTE(a)lists.sierraclub.org >> >>>> >> >>>> >> >>>> Here is our latest Tr-Ash Talk blog: >> >>>> >> >> >> >> >> >> http://earthjustice.org/blog/2011-june/tr-ash-talk-w-v-rep-mckinley-sells-o… >> >> >> >>>> >> >>>> >> >>>> Emily Enderle >> >>>> Tr-Ash Talk: W.V. Rep. McKinley Sells Out Constituents >> >>>> Congressman’s district is home to largest coal ash pond >> >>>> >> >>>> Here we go again. >> >>>> >> >>>> Some of our elected leaders are once more maneuvering to block >> >>>> much-needed health protections against coal ash. Rep. David >> >> McKinley >> >>>> (R-WV) has sponsored a bill that would broadly remove federal >> >>>> authority for any regulation of coal ash ever. This bill, if >> >> enacted, >> >>>> also would conveniently protect his business interests. In April, >> >>>> Politico exposed Rep. McKinley’s business interest in ensuring >> >> that >> >>>> coal ash is not regulated. Rep McKinley owns the largest >> >> engineering >> >>>> firm in West Virginia and his company uses coal ash in concrete, as >> >>>> fill for roads and other uses. >> >>>> >> >>>> Rep. McKinley also represents a district that has the largest coal >> >> ash >> >>>> pond in the nation, and his bill goes against what he promised West >> >>>> Virginian Curt Havens, veteran and constituent. Havens was at the >> >>>> Energy and Commerce hearing in April, when Rep. McKinley said, >> >> about >> >>>> prior coal ash threats, "I want to make sure that never happens >> >> again >> >>>> to another family in America." (Those comments start at minute >> >> marker >> >>>> 2:26:26.) Again, business interests are coming before the interest >> >> of >> >>>> protecting public health. >> >>>> >> >>>> During the House budget negotiations February frenzy, Rep. McKinley >> >>>> sponsored amendment 217 that would have prohibited the EPA from >> >> using >> >>>> any of their funds to move forward with the health protective >> >> Subtitle >> >>>> C regulation. Rep. Cliff Stearns (R-FL) introduced amendment 10, >> >>>> trying to achieve the same thing. It’s no surprise that both >> >>>> congressmen are heavily supported by the energy sector. >> >>>> >> >>>> During his 2010 campaign Rep. McKinley received $43,300 from energy >> >>>> companies, and $22,751 of that came from mining interests, >> >> according >> >>>> to the Center for Responsive Politics. >> >>>> Rep. McKinley’s current effort to stop the regulation of this >> >> potent >> >>>> waste, H.R. 1391, would “amend the Solid Waste Disposal Act to >> >>>> exempt >> >>>> fly ash waste, bottom ash waste, slag waste and flue gas emission >> >>>> control waste generated primarily from the combustion of coal or >> >> other >> >>>> fossil fuels from regulation as hazardous waste under such Act.” >> >>>> >> >>>> H.R. 1391 was scheduled to be marked up in the Environment and >> >> Economy >> >>>> subcommittee of Energy and Commerce this morning. The markup had to >> >> be >> >>>> rescheduled for next Tuesday, June 21 at 4 p.m. due to a drafting >> >>>> error. The bill, as written, couldn’t have been much worse and >> >>>> it’s >> >>>> doubtful there will be any improvements as they fix the drafting >> >>>> error. >> >>>> >> >>>> Rep. McKinley and the bill supporters will continue to put public >> >>>> health at risk. Further, they will undermine the public coal ash >> >>>> rulemaking currently underway that generated a record-breaking >> >> 450,000 >> >>>> comments. This is a tragic example of how some elected officials >> >> bow >> >>>> to dirty polluters rather than heeding the concerns of their >> >>>> constituents. >> >>>> >> >>>> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To >> >>>> unsubscribe from the COAL-COMBUSTION-WASTE list, send any message >> >> to: >> >>>> COAL-COMBUSTION-WASTE-signoff-request(a)LISTS.SIERRACLUB.ORG Check >> >> out >> >>>> our Listserv Lists support site for more information: >> >>>> http://www.sierraclub.org/lists/faq.asp >> >>>> >> >>>> >> >>>> -- >> >>>> Jim Sconyers >> >>>> jimscon(a)gmail.com >> >>>> 304.698.9628 >> >>>> >> >>>> _______________________________________________ >> >>>> EC mailing list >> >>>> EC(a)osenergy.org >> >>>> http://osenergy.org/mailman/listinfo/ec >> >>> >> >>> >> >>> >> >>> -- >> >>> Jim Sconyers >> >>> jimscon(a)gmail.com >> >>> 304.698.9628 >> >>> >> >>> Remember, Mother Nature bats last. >> >>> >> >> >> >> >> >> >> >> -- >> >> Jim Sconyers >> >> jimscon(a)gmail.com >> >> 304.698.9628 >> >> >> >> Remember, Mother Nature bats last. >> >> >> > >> > >> > >> > -- >> > Jim Sconyers >> > jimscon(a)gmail.com >> > 304.698.9628 >> > >> > Remember, Mother Nature bats last. >> > >> > _______________________________________________ >> > EC mailing list >> > EC(a)osenergy.org >> > http://osenergy.org/mailman/listinfo/ec >> > >> >> >> >> -- >> Jim Sconyers >> jimscon(a)gmail.com >> 304.698.9628 >> >> Remember, Mother Nature bats last. >> >> >> >> -- >> Jim Sconyers >> jimscon(a)gmail.com >> 304.698.9628 >> >> Remember, Mother Nature bats last. > > -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: Hydrofracked: One man's quest for answers about natural gas drilling
by Paul Wilson 28 Jun '11

28 Jun '11

fyi, paul ---------- Forwarded message ---------- From: High Country News <enewsletter(a)hcn.org> Date: Tue, Jun 28, 2011 at 4:29 PM Subject: Hydrofracked: One man's quest for answers about natural gas drilling To: pjgrunt(a)gmail.com View in a browser window<http://whatcounts.com/dm?id=E61606FADDB7639A154B815D5C014BF6B42BD6281DE2FE61> [image: High Country News Commons] Subscribe to the Magazine<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FED:E61606FADDB7639A154B8…> Renew<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FEE:E61606FADDB7639A154B8…> Donate Now<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FEF:E61606FADDB7639A154B8…> Feedback<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FF0:E61606FADDB7639A154B8…> [image: Better World Club - Get 6 Months Membership FREE]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FF1:E61606FADDB7639A154B8…><http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FED:E61606FADDB7639A154B8…> The Magazine<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FF2:E61606FADDB7639A154B8…> Topics<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FF3:E61606FADDB7639A154B8…> Blogs & Opinion<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FF4:E61606FADDB7639A154B8…> Jobs & Classifieds<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FF5:E61606FADDB7639A154B8…> Conferences<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FF6:E61606FADDB7639A154B8…> Hydrofracked: One man seeks answers [image: Hydrofracked: One man's quest for answers about natural gas drilling and water contamination]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FF7:E61606FADDB7639A154B8…> In many ways, it's a sad story: The groundwater a Wyoming couple relies on to sustain their little farm suddenly turns foul. So landowner Louis Meeks embarks on a six-year crusade to discover how it happened, suspecting that nearby natural gas wells are somehow involved. He battles corporations and federal and local governments and alienates many of his neighbors, yet today his water is still contaminated. There's no justice in sight. But Meeks has accomplished something important: He and other activists have drawn attention to the possible risks of hydraulic fracturing, or "fracking." When a gas or oil well is fracked, chemicals and water are injected deep underground to fracture rock formations and release gas and oil. The industry insists that fracking is safe. But some of the chemicals used in the process are carcinogenic. And though fracking is used in many thousands of gas and oil wells from the Southwest to New York state, there's never been a comprehensive scientific study of its possible impacts on drinking water. That is now changing, thanks to people like Meeks and determined staffers within the U.S. Environmental Protection Agency. The EPA is finally launching the first real study of the risks posed by fracking. So the saga of Louis Meeks is not just sad; it also offers hope. Determined citizens can make a difference. Read about Meeks' quest for justice<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FF7:E61606FADDB7639A154B8…>in a *High Country News* collaboration with the nonprofit news organization * ProPublica*<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FF8:E61606FADDB7639A154B8…> . *FEATURES* [image: Encountering a California condor takes one writer back in time]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FF9:E61606FADDB7639A154B8…> Encountering a California condor takes one writer back in time<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FF9:E61606FADDB7639A154B8…> An interaction with a rare vulture sparks reflections on dinosaurs and extinction. [image: States work conservation into trust lands management]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FFA:E61606FADDB7639A154B8…> States work conservation into trust lands management <http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FFA:E61606FADDB7639A154B8…> Urban sprawl helps spur new efforts at compromise in managing state trust lands. View the latest issue »<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FFB:E61606FADDB7639A154B8…> [image: RSS]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FFC:E61606FADDB7639A154B8…> RSS »<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FFC:E61606FADDB7639A154B8…> <http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FFD:E61606FADDB7639A154B8…> Listen to* ProPublica* reporter Abrahm Lustgarten discuss new research into the relationship between fracking and water contamination in our latest *High Country Views*<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FFE:E61606FADDB7639A154B8…>podcast . [image: High Country Views]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FFE:E61606FADDB7639A154B8…> Also available via our RSS feed<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FFF:E61606FADDB7639A154B8…>and through iTunes<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778000:E61606FADDB7639A154B8…> . *WRITERS ON THE RANGE* [image: Why the Southwest is burning]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778001:E61606FADDB7639A154B8…> Why the Southwest is burning<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778001:E61606FADDB7639A154B8…> This season's wildfires are caused by three things: Climate change-induced drought, bureaucratic blindness and old-fashioned human folly. [image: Subscribers only]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778001:E61606FADDB7639A154B8…> [image: ORV riding needs on-the-ground enforcement]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778002:E61606FADDB7639A154B8…> ORV riding needs on-the-ground enforcement<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778002:E61606FADDB7639A154B8…> Reckless, illegal off-road vehicle riding is a serious problem, but better law enforcement -- rather than road closures -- is the way to solve it. [image: Monster wildfires have become the new normal]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778003:E61606FADDB7639A154B8…> Monster wildfires have become the new normal<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778003:E61606FADDB7639A154B8…> Wildfires cannot be entirely prevented by logging or anything else, but small-scale prescribed burns can help make them less destructive. [image: Subscribers only]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778003:E61606FADDB7639A154B8…> More Writers on the Range »<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778004:E61606FADDB7639A154B8…> [image: Blog RSS]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778005:E61606FADDB7639A154B8…> RSS »<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778005:E61606FADDB7639A154B8…> *BOOK REVIEWS* [image: A review of Permanent Vacation]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778006:E61606FADDB7639A154B8…> It's not just a job, it's an adventure: A review of *Permanent Vacation*<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778007:E61606FADDB7639A154B8…> The 20 essays in this collection take us into the wacky and wonderful lives of some of the many people who work in the country's national parks. [image: A land of subtle beauty: A review of Llano Estacado] <http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778006:E61606FADDB7639A154B8…> A land of subtle beauty: A review of *Llano Estacado*<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778006:E61606FADDB7639A154B8…> The photos and essays gathered in this collection of photographs and essays celebrate the austere beauty of a vast dry landscape. More Book Reviews »<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778008:E61606FADDB7639A154B8…> *FROM THE BLOGS* The GOAT Blog The wacky world of immigration<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778009:E61606FADDB7639A154B8…> Reform still distant but the debate seems at least a little more human The Range Blog Throw away the old playbook<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=377800A:E61606FADDB7639A154B8…> Tribes and counties are better off working together as neighbors. The GOAT Blog Spotties get a new plan<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=377800B:E61606FADDB7639A154B8…> The feds draft a new recovery plan for the Mexican spotted owl. The Range Blog To Drill or Not to Drill is Not the Only Question<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=377800C:E61606FADDB7639A154B8…> We may worship the derrick less than polls and reporting suggest More from the blogs »<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=377800D:E61606FADDB7639A154B8…> [image: Blog RSS]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=377800E:E61606FADDB7639A154B8…> RSS »<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=377800E:E61606FADDB7639A154B8…> [image: Follow us on Tumblr]<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=377800F:E61606FADDB7639A154B8…> Follow *High Country News *images and musings on Tumblr<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=377800F:E61606FADDB7639A154B8…> . *Comment of the week* Big surprise. This guy makes money as a consultant from dam owners and those proposing new dams. More dams are not the answer, at least not main stem dams. *Matt S.* on Siltation expert: we need more dams<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778010:E61606FADDB7639A154B8…> *FEATURED SPONSORS* San Francisco Herb and Natural Food Co.<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778011:E61606FADDB7639A154B8…> Herbs, spices and tea blends both bulk and packaged www,herbsspicetea.com.com<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3778011:E61606FADDB7639A154B8…> High Country News 119 Grand Avenue PO Box 1090 Paonia, CO 81428 We appreciate your feedback! Please, send us your comments and suggestions<http://wc4.net/t?r=1873&c=2631826&l=58707&ctl=3777FF0:E61606FADDB7639A154B8…>. Want off the list? remove me from the list<http://wc4.net/u?id=E61606FADDB7639A154B815D5C014BF6B42BD6281DE2FE61> This email was sent to: pjgrunt(a)gmail.com ©2011 High Country News. Feel free to forward this newsletter. -- 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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LOE: Natural Gas and Greenhouse Gasses
by Jonathan Rosenbaum 27 Jun '11

27 Jun '11

The quick: http://www.loe.org/shows/segments.html?programID=11-P13-00025&segmentID=4 <http://www.loe.org/shows/segments.html?programID=11-P13-00025&segmentID=4> The long ..... In the Stop the Fracking in Morgantown Industrial Park Facebook Group Jeff Young initiated a discussion about the recent MIT report, http://web.mit.edu/mitei/research/studies/natural-gas-2011.shtml . He said, This is important reading for anyone who wants a serious, broader view of the environmental implications of the gas boom. Key findings are that we could cut the country's greenhouse gas emissions from the power sector by 20% simply by switching from coal to existing natural gas plants. There would also be enormous benefits in reducing mercury, SOx, NOx and other pollutants. As one could easily predict, the discussion became very long, and Jeff recently deleted it. Early in the discussion I introduced him to the Tyndall Study, http://www.tyndall.ac.uk/shalegasreport to provide another perspective. And this is the result: http://www.loe.org/shows/segments.html?programID=11-P13-00025&segmentID=5 <http://www.loe.org/shows/segments.html?programID=11-P13-00025&segmentID=5> On a side note: Some of you probably remember how in the past I have spoken about the MIT report, John Deutch, the DOE, and Cheniere. :) Note: In the same LOE show there is also a discussion about injection induced earthquakes: http://www.loe.org/shows/segments.html?programID=11-P13-00025&segmentID=4 <http://www.loe.org/shows/segments.html?programID=11-P13-00025&segmentID=4> -Jonathan

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Low hanging fruit in energy conservation = to all electric use of state of MD for one year.....year in and year out
by William V. DePaulo, Esq. 26 Jun '11

26 Jun '11

Atop TV Sets, a Power Drain That Runs Nonstop By ELISABETH ROSENTHAL<http://topics.nytimes.com/top/reference/timestopics/people/r/elisabeth_rose…> Published: June 25, 2011 Those little boxes that usher cable signals and digital recording capacity into televisions have become the single largest electricity drain in many American homes, with some typical home entertainment configurations eating more power than a new refrigerator and even some central air-conditioning systems. Todd Heisler/The New York Times A new study has found that some home entertainment systems eat more energy than refrigerators or central air-conditioning systems. Multimedia Comparing Energy Use - Green: A Blog About Energy and the Environment<http://green.blogs.nytimes.com/?ref=us> There are 160 million so-called set-top boxes in the United States, one for every two people, and that number is rising. Many homes now have one or more basic cable boxes as well as add-on DVRs, or digital video recorders, which use 40 percent more power than the set-top box. One high-definition DVR and one high-definition cable box use an average of 446 kilowatt hours a year, about 10 percent more than a 21-cubic-foot energy-efficient refrigerator, a recent study found. These set-top boxes are energy hogs mostly because their drives, tuners and other components are generally running full tilt, or nearly so, 24 hours a day, even when not in active use. The recent study, by the Natural Resources Defense Council <http://www.nrdc.org/energy/files/settopboxes.pdf>, concluded that the boxes consumed $3 billion in electricity per year in the United States — and that 66 percent of that power is wasted when no one is watching and shows are not being recorded. That is more power than the state of Maryland uses over 12 months. “People in the energy efficiency community worry a lot about these boxes, since they will make it more difficult to lower home energy use,” said John Wilson, a former member of the California Energy Commission who is now with the San Francisco-based Energy Foundation. “Companies say it can’t be done or it’s too expensive. But in my experience, neither one is true. It can be done, and it often doesn’t cost much, if anything.” The perpetually “powered on” state is largely a function of design and programming choices made by electronics companies and cable and Internet providers, which are related to the way cable networks function in the United States. Fixes exist, but they are not currently being mandated or deployed in the United States, critics say. Similar devices in some European countries, for example, can automatically go into standby mode when not in use, cutting power drawn by half. They can also go into an optional “deep sleep,” which can reduce energy consumption by about 95 percent compared with when the machine is active. One British company, Pace <http://www.pace.com/global/>, sells such boxes to American providers, who do not take advantage of the reduced energy options because of worries that the lowest energy states could disrupt service. Cable companies say customers will not tolerate the time it takes to reboot the system once the system has been shut down or put to sleep. “The issue of having more efficient equipment is of interest to us,” said Justin Venech, a spokesman for Time Warner Cable. But, he added, “when we purchase the equipment, functionality and cost are the primary considerations.” But energy efficiency experts say that technical fixes could eliminate or minimize the waiting time and inconvenience, some at little expense. Low-energy European systems reboot from deep sleep in one to two minutes. Alan Meier, a scientist at Lawrence Berkeley National Laboratory, said of the industry in the United States, “I don’t want to use the word ‘lazy,’ but they have had different priorities, and saving energy is not one of them.” The Environmental Protection Agency has established Energy Star standards<http://www.energystar.gov/index.cfm?fuseaction=find_a_product.showProductGr…>for set-top boxes and has plans to tighten them significantly by 2013, said Ann Bailey, director of Energy Star product labeling, in an e-mail. The voluntary seal indicates products that use energy efficiently. But today, there are many boxes on the list of products that meet the Energy Star standard<http://www.energystar.gov/ia/products/prod_lists/set_top_boxes_prod_list.pdf>that do not offer an automatic standby or sleep mode. “If you hit the on/off button it only dims the clock, it doesn’t significantly reduce power use,” said Noah Horowitz, senior scientist at the natural resources council. Energy efficiency is a function of hardware, software, the cable network and how a customer uses the service, said Robert Turner, an engineer at Pace, which makes set-top boxes that can operate using less power while not in active use. Sometimes energy efficiency can be vastly improved by remotely adjusting software over a cable, Mr. Turner said. In this way, Pace reduced the energy consumption of some of its older boxes by half. Cable boxes are not designed to be turned completely off, and even when in deep sleep mode, it takes time to reconnect and “talk” with their cable or satellite network, though that time is highly variable depending on the technology. Mr. Wilson said he routinely unplugged his set-top boxes at night and waited only 45 seconds for television in the morning. But Dr. Meier said that when he tried to power down his home system at night, it took “hours” to reboot because the provider “downloaded the programming guide in a very inefficient way.” Cable providers and box manufacturers like Cisco Systems, Samsung and Motorola currently do not feel consumer pressure to improve box efficiency. Customers are generally unaware of the problem — they do not know to blame the unobtrusive little device for the rise in their electricity bills, and do not choose their boxes anyway. Those devices may cause an increase of as little as a few dollars a month or well over $10 for a home with many devices. In Europe, electricity rates are often double those in the United States, providing greater financial motivation to conserve. Cisco Systems, one of the largest makers of set-top boxes, said in an e-mail that they would offer some new models this year that would cut consumption by 25 percent “through reduced power used in ‘on’ and standby states.” There will be no deep sleep or fully “off” setting. But Cisco said that taking advantage of the potential energy savings for a box would also depend on “how it is operated by the service provider.” Cable and satellite providers will have to decide whether the boxes can automatically go to standby, for example, and whether customers will be able to adjust their own settings. Currently, providers often do system maintenance and download information at night over the cable, so an ever-at-the ready cable box is more convenient for them. Cable companies can become Energy Star “partners” if they agree to install or upgrade boxes so that 25 percent to 50 percent of the homes they serve have “energy star qualified” equipment. The E.P.A. merely encourages providers to use units that can automatically power down at least partly when not in use. But as of Sept. 1, typical electricity consumption of Energy Star qualified products would drop to 97 kilowatt hours a year from an average of 138; and then by the middle of 2013, they must drop again to 29 kilowatt hours a year. Companies have fought the placement of the “Energy Star” seal on products and the new ambitious requirements, which may still be modified before enacted. Mr. Wilson recalled that when he was on the California Energy Commission, he asked box makers why the hard drives were on all the time, using so much power. The answer: “Nobody asked us to use less.” The biggest challenge in reducing energy use is maintaining the rapid response time now expected of home entertainment systems, Mr. Turner said. “People are used to the idea that computers take some time to boot up,” he said, “but they expect the TV to turn on instantly.” -- 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

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Natural Gas Industry Doubts About Shale Gas
by William V. DePaulo, Esq. 26 Jun '11

26 Jun '11

http://www.nytimes.com/2011/06/26/us/26gas.html?partner=rss&emc=rss&gwh=D91… Drilling Down Insiders Sound an Alarm Amid a Natural Gas Rush Jennifer Pitts/The Journal Record, via Associated Press, left; Mark Peristein for The New York Times “It's time to get bullish on natural gas," said Aubrey K. McClendon, left, chief executive of Chesapeake Energy. "This could have profound consequences for our local economy," said Deborah Rogers, a committee member at the Federal Reserve Bank of Dallas. By IAN URBINA<http://topics.nytimes.com/top/reference/timestopics/people/u/ian_urbina/ind…> Published: June 25, 2011 - - Natural gas companies have been placing enormous bets on the wells they are drilling, saying they will deliver big profits and provide a vast new source of energy for the United States. Multimedia Interactive Feature <http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…> Documents: Leaked Industry E-Mails and Reports<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…> Graphic Overestimating Natural Gas Production Graphic Sweet Spots, but Not Many Drilling Down *Natural Gas Investments* Articles in this series will examine the risks of natural-gas drilling and efforts to regulate this rapidly growing industry. Complete Series »<http://topics.nytimes.com/top/news/us/series/drilling_down/index.html> Enlarge This Image Brandon Thibodeaux for The New York Times Ministers, pastors and deacons of Fort Worth churches. Dozens of black churches in Fort Worth signed gas leases. But the gas may not be as easy and cheap to extract from shale formations deep underground as the companies are saying, according to hundreds of industry e-mails and internal documents<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…>and an analysis of data from thousands of wells. In the e-mails, energy executives, industry lawyers, state geologists and market analysts voice skepticism about lofty forecasts and question whether companies are intentionally, and even illegally, overstating the productivity of their wells and the size of their reserves. Many of these e-mails also suggest a view that is in stark contrast to more bullish public comments made by the industry, in much the same way that insiders have raised doubts about previous financial bubbles. “Money is pouring in” from investors even though shale gas is “inherently unprofitable,” an analyst from PNC Wealth Management, an investment company, wrote to a contractor in a February e-mail<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…>. “Reminds you of dot-coms.” “The word in the world of independents is that the shale plays are just giant Ponzi schemes and the economics just do not work,” an analyst from IHS Drilling Data, an energy research company, wrote in an e-mail on Aug. 28, 2009<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…>. Company data for more than 10,000 wells in three major shale gas formations raise further questions about the industry’s prospects. There is undoubtedly a vast amount of gas in the formations. The question remains how affordably it can be extracted. The data show that while there are some very active wells, they are often surrounded by vast zones of less-productive wells that in some cases cost more to drill and operate than the gas they produce is worth. Also, the amount of gas produced by many of the successful wells is falling much faster than initially predicted by energy companies, making it more difficult for them to turn a profit over the long run. If the industry does not live up to expectations, the impact will be felt widely. Federal and state lawmakers are considering drastically increasing subsidies for the natural gas business in the hope that it will provide low-cost energy for decades to come. But if natural gas ultimately proves more expensive to extract from the ground than has been predicted, landowners, investors and lenders could see their investments falter, while consumers will pay a price in higher electricity and home heating bills. There are implications for the environment, too. The technology used to get gas flowing out of the ground — called hydraulic fracturing, or hydrofracking — can require over a million gallons of water per well, and some of that water must be disposed of because it becomes contaminated by the process. If shale gas wells fade faster than expected, energy companies will have to drill more wells or hydrofrack them more often, resulting in more toxic waste. The e-mails were obtained through open-records requests or provided to The New York Times by industry consultants and analysts who say they believe that the public perception of shale gas does not match reality; names and identifying information were redacted to protect these people, who were not authorized to communicate publicly. In the e-mails, some people within the industry voice grave concerns. “And now these corporate giants are having an Enron moment,” a retired geologist from a major oil and gas company wrote in a February e-mail<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…>about other companies invested in shale gas. “They want to bend light to hide the truth.” Others within the industry remain optimistic. They argue that shale gas economics will improve as the price of gas rises, technology evolves and demand for gas grows with help from increased federal subsidies being considered by Congress. “Shale gas supply is only going to increase,” Steven C. Dixon, executive vice president of Chesapeake Energy, said at an energy industry conference in April in response to skepticism about well performance. *Studying the Data* “I think we have a big problem.” Deborah Rogers, a member of the advisory committee of the Federal Reserve Bank of Dallas, recalled saying that in a May 2010 telephone call to a senior economist at the Reserve, Mine K. Yucel. “We need to take a close look at this right away,” she added. A former stockbroker with Merrill Lynch, Ms. Rogers said she started studying well data from shale companies in October 2009 after attending a speech by the chief executive of Chesapeake, Aubrey K. McClendon. The math was not adding up, Ms. Rogers said. Her research showed that wells were petering out faster than expected. “These wells are depleting so quickly that the operators are in an expensive game of ‘catch-up,’ ” Ms. Rogers wrote in an e-mail on Nov. 17, 2009, to a petroleum geologist in Houston, who wrote back that he agreed. “This could have profound consequences for our local economy,” she explained in the e-mail. Fort Worth residents were already reeling from the sudden reversal of fortune for the natural gas industry. In early 2008, energy companies were scrambling in Fort Worth to get residents to lease their land for drilling as they searched for so-called monster wells. Billboards along the highways stoked the boom-time excitement: “If you don’t have a gas lease, get one!” Oil and gas companies were in a fierce bidding war for drilling rights, offering people bonuses as high as $27,500 per acre for signing leases. The actor Tommy Lee Jones signed on as a pitchman for Chesapeake, one of the largest shale gas companies. “The extremely long-term benefits include new jobs and capital investment and royalties and revenues that pay for public roads, schools and parks,” he said in one television advertisement about drilling in the Barnett shale in and around Fort Worth. To investors, shale companies had a more sophisticated pitch<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…>. With better technology, they had refined a “manufacturing model,” they said, that would allow them to drop a well virtually anywhere in certain parts of a shale formation and expect long-lasting returns. For Wall Street, this was the holy grail: a low-risk and high-profit proposition. But by late 2008, the recession took hold and the price of natural gas plunged<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…>by nearly two-thirds, throwing the drilling companies’ business model into a tailspin. In Texas, the advertisements featuring Mr. Jones disappeared. Energy companies rescinded high-priced lease offers to thousands of residents, which prompted class-action lawsuits. Royalty checks dwindled. Tax receipts fell. The impact of the downturn was immediate for many. “Ruinous, that’s how I’d describe it,” said the Rev. Kyev Tatum, president of the Fort Worth chapter of the Southern Christian Leadership Conference. Mr. Tatum explained that dozens of black churches in Fort Worth signed leases on the promise of big money. Instead, some churches were told that their land may no longer be tax exempt even though they had yet to make any royalties on the wells, he said. That boom-and-bust volatility had raised eyebrows among people like Ms. Rogers, as well as energy analysts and geologists, who started looking closely at the data on wells’ performance.* * In May 2010, the Federal Reserve Bank of Dallas called a meeting to discuss the matter after prodding from Ms. Rogers. One speaker was Kenneth B. Medlock III, an energy expert at Rice University, who described a promising future for the shale gas industry in the United States. When he was done, Ms. Rogers peppered him with questions. Might growing environmental concerns raise the cost of doing business? If wells were dying off faster than predicted, how many new wells would need to be drilled to meet projections? Mr. Medlock conceded that production in the Barnett shale formation — or “play,” in industry jargon — was indeed flat and would probably soon decline. “Activity will shift toward other plays because the returns there are higher,” he predicted. Ms. Rogers turned to the other commissioners to see if they shared her skepticism, but she said she saw only blank stares. *Bubbling Doubts* Some doubts about the industry are being raised by people who work inside energy companies, too. “Our engineers here project these wells out to 20-30 years of production and in my mind that has yet to be proven as viable,” wrote a geologist at Chesapeake in a March 17 e-mail<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…>to a federal energy analyst. “In fact I’m quite skeptical of it myself when you see the % decline in the first year of production.” “In these shale gas plays no well is really economic right now,” the geologist said in a previous e-mail to the same official on March 16<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…>. “They are all losing a little money or only making a little bit of money.” Around the same time the geologist sent the e-mail, Mr. McClendon, Chesapeake’s chief executive, told investors, “It’s time to get bullish on natural gas.” In September 2009, a geologist from ConocoPhillips, one of the largest producers of natural gas in the Barnett shale, warned in an e-mail to a colleague<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…>that shale gas might end up as “the world’s largest uneconomic field.” About six months later, the company’s chief executive, James J. Mulva, described natural gas as “nature’s gift,” adding that “rather than being expensive, shale gas is often the low-cost source.” Asked about the e-mail, John C. Roper, a spokesman for ConocoPhillips, said he absolutely believed that shale gas is economically viable. A big attraction for investors is the increasing size of the gas reserves that some companies are reporting. Reserves — in effect, the amount of gas that a company says it can feasibly access from its wells — are important because they are a central measure of an oil and gas company’s value. Forecasting these reserves is a tricky science. Early predictions are sometimes lowered because of drops in gas prices, as happened in 2008. Intentionally overbooking reserves, however, is illegal because it misleads investors. Industry e-mails, mostly from 2009 and later, include language from oil and gas executives questioning whether other energy companies are doing just that. The e-mails do not explicitly accuse any companies of breaking the law. But the number of e-mails, the seniority of the people writing them, the variety of positions they hold and the language they use — including comparisons to Ponzi schemes and attempts to “con” Wall Street — suggest that questions about the shale gas industry exist in many corners. “Do you think that there may be something suspicious going with the public companies in regard to booking shale reserves?” a senior official from Ivy Energy, an investment firm specializing in the energy sector, wrote in a2009 e-mail<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…>. A former Enron executive wrote in 2009<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…>while working at an energy company: “I wonder when they will start telling people these wells are just not what they thought they were going to be?” He added that the behavior of shale gas companies reminded him of what he saw when he worked at Enron. Production data, provided by companies to state regulators and reviewed by The Times, show that many wells are not performing as the industry expected. In three major shale formations — the Barnett in Texas, the Haynesville in East Texas and Louisiana and the Fayetteville, across Arkansas — less than 20 percent of the area heralded by companies as productive is emerging as likely to be profitable under current market conditions, according to the data and industry analysts. Richard K. Stoneburner, president and chief operating officer of Petrohawk Energy, said that looking at entire shale formations was misleading because some companies drilled only in the best areas or had lower costs. “Outside those areas, you can drill a lot of wells that will never live up to expectations,” he added. Although energy companies routinely project that shale gas wells will produce gas at a reasonable rate for anywhere from 20 to 65 years, these companies have been making such predictions based on limited data and a certain amount of guesswork, since shale drilling is a relatively new practice. Most gas companies claim that production will drop sharply after the first few years but then level off, allowing most wells to produce gas for decades. Gas production data reviewed by The Times suggest that many wells in shale gas fields do not level off the way many companies predict but instead decline steadily. “This kind of data is making it harder and harder to deny that the shale gas revolution is being oversold,” said Art Berman, a Houston-based geologist who worked for two decades at Amoco and has been one of the most vocal skeptics of shale gas economics. The Barnett shale, which has the longest production history, provides the most reliable case study for predicting future shale gas potential. The data suggest that if the wells’ production continues to decline in the current manner, many will become financially unviable within 10 to 15 years. A review of more than 9,000 wells, using data from 2003 to 2009, shows that — based on widely used industry assumptions about the market price of gas and the cost of drilling and operating a well — less than 10 percent of the wells had recouped their estimated costs by the time they were seven years old. Terry Engelder, a professor of geosciences at Pennsylvania State University, said the debate over long-term well performance was far from resolved. The Haynesville shale has not lived up to early expectations, he said, but industry projections have become more accurate and some wells in the Marcellus shale, which stretches from Virginia to New York, are outperforming expectations. *A Sense of Confidence* Many people within the industry remain confident. “I wouldn’t worry about these shale companies,” said T. Boone Pickens, the oil and gas industry executive, adding that he believes that if prices rise, shale gas companies will make good money. Mr. Pickens said that technological improvements — including hydrofracking wells more than once — are already making production more cost-effective, which is why some major companies like ExxonMobil have recently bought into shale gas. Shale companies are also adjusting their strategies to make money by focusing on shale wells that produce lucrative liquids, like propane and butane, in addition to natural gas. Asked about the e-mails from the Chesapeake geologist casting doubt on company projections, a Chesapeake spokesman, Jim Gipson, said the company was fully confident that a majority of wells would be productive for 30 years or more. David Pendery, a spokesman for IHS, added that though shale gas prospects had previously been debated by many analysts, in more recent years costs had fallen and technology had improved. Still, in private exchanges, many industry insiders are skeptical, even cynical, about the industry’s pronouncements. “All about making money,” an official from Schlumberger, an oil and gas services company, wrote in aJuly 2010 e-mail<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…>to a former federal regulator about drilling a well in Europe, where some United States shale companies are hunting for better market opportunities. “Looks like crap,” the Schlumberger official wrote about the well’s performance, according to the regulator, “but operator will flip it based on ‘potential’ and make some money on it.” “Always a greater sucker,” the e-mail<http://www.nytimes.com/interactive/us/natural-gas-drilling-down-documents-4…>concluded. Robbie Brown contributed reporting from Atlanta. A version of this article appeared in print on June 26, 2011, on page A1 of the New York edition with the headline: Insiders Sound an Alarm Amid a Natural Gas Rush. -- 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

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Conrad Volz on the problems of extraction for energy
by Beth Little 25 Jun '11

25 Jun '11

This starts out as an exposure of contamination of water with drilling waste, but toward the end, he indicts mtr and talks about environmental justice and how WV is paying the cost of providing energy for everyone else. It is long, but extremely moving in its depth. http://www.youtube.com/watch?v=tWwjWFcCIgY <http://www.youtube.com/watch?v=tWwjWFcCIgY&feature=youtube_gdata_player> &feature=youtube_gdata_player

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FYI - China blends Imported coal to meet local environmental standards....A Green Solution, or the Dark Side to Cleaner Coal?
by William V. DePaulo, Esq. 25 Jun '11

25 Jun '11

[image: The New York Times] June 14, 2011 A Green Solution, or the Dark Side to Cleaner Coal? By KEITH BRADSHER<http://topics.nytimes.com/top/reference/timestopics/people/b/keith_bradsher…> LIANYUNGANG, CHINA — The six massive silos standing beside this industrial port in northeastern China hold seemingly contradictory promises: They could help improve the quality of China’s polluted air, but they might also contribute to faster global warming<http://topics.nytimes.com/top/news/science/topics/globalwarming/index.html?…>. The silos, which are scheduled to start operation in July, are designed to blend cleaner-burning imported coal<http://topics.nytimes.com/top/reference/timestopics/subjects/c/coal/index.h…>with China’s own high-polluting domestic coal, which is contaminated with sulfur and dust. Coal blending will produce a mixture that will help electric utilities meet China’s steadily tightening environmental regulations. It will also increase the efficiency of coal-fired plants by slightly reducing the quantity of coal needed. Burning less coal means less greenhouse gases emitted. But critics argue there is a darker side to cleaner coal. “Anything that makes coal more cost effective, like blending, which is only enabling China to burn more coal, is bad news for the global struggle against carbon emissions,” said Orville Schell, the Arthur Ross director of the Center on U.S.-China Relations at the Asia Society in New York. The Chinese government’s decision this month to import more coal in order to lessen power outages — and control rising coal prices — ensures that blending will increase rapidly. Industry executives are quick to tout the practice’s environmental benefits. Blending “is a sound solution to reducing greenhouse gas and pollutants emissions from coal-fired power plants,” said Howard Au, the director and chairman of Petrocom Energy Ltd., which owns the blending facility here. But environmentalists worry that by reducing the amount of sulfur and dust emitted from burning coal, blending makes coal more acceptable in the short-term and stalls the conversion to cleaner or renewable fuels. They say coal blending strengthens the case for companies — and countries — that want to continue to rely on coal for decades. “Does it help with acid rain? Yes,” said Allen Hershkowitz, a specialist in Appalachian coal fields at the Natural Resources Defense Council, an environmental group based in New York. “It hurts us when it comes to global warming.” Coal remains a particularly dirty form of electricity generation when it comes to producing climate-changing gases. The global warming calculus for coal blending is less clear. Blending makes it easier to feed a power plant with exactly the right coal mixture at which its boilers work most efficiently. This means the plant can burn less coal and emit less greenhouse gas. How much less — and how does that improvement compare with switching to other fuels — varies a lot depending on the power plant and the coal it burns without blending. Better operating efficiency at the power plant helps offset the cost of blending, which can add up to 4 percent to the price tag of the coal. China does not just have an ancient civilization, it also has a lot of very old coal. Much of it has been tightly compressed over millions of years. That has pluses and minuses. Chinese coal releases a lot of heat when burned and has very little moisture left, two very desirable features, according to coal traders. But Chinese coal deposits also contain a lot of sulfur as well as so-called fly ash — dust that is not combustible and contributes to particulate air pollution. China also has some deposits of young coal which has fairly low heat content and requires blending before it can be burned. China has the third-largest coal reserves, after the United States and Russia, and consumes more coal than any other country. It accounted for nearly half the 7.3 billion metric tons burned around the world last year. Four-fifths of China’s reserves, however, do not comply with the country’s standards for industrial use, according to the government-run China Coal Research Institute. Complicating matters, the China’s environmental regulators have signaled plans to reduce further the allowable levels of sulfur. China led the world last year in clean energy investments, with $54.4 billion, according to a study by the Pew Charitable Trusts. But coal is still China’s dominant energy source, accounting for 73 percent of electricity capacity. Because coal-fired plants run day and night — while alternatives like wind turbines<http://topics.nytimes.com/top/reference/timestopics/subjects/w/wind_power/i…>and hydroelectric<http://topics.nytimes.com/top/reference/timestopics/subjects/h/hydroelectri…>dams only run when enough wind or water is available — coal accounted for 83 percent of electricity generation last year. China has led the world in recent years in the construction of high-efficiency coal-fired power plants. These plants heat water to higher temperatures and pressures than earlier designs, so that less coal is burned to produce the same kilowatt-hours of electricity. But the newer power plants need coal of a precise makeup, making it even harder for China to rely exclusively on domestic coal fields. To meet the needs of the new plants, China has gone on a twin binge of importing coal and buying coal mines abroad. Wood Mackenzie, the global energy consulting company, predicts that Indonesia will be the world’s fastest-growing exporter of coal in the next five years because of Chinese demand. While coal blending facilities may provide a short-term environmental benefit, they also make it possible for countries like China to plan on consuming a lot more coal for decades into the future. People have been blending coal for more than a century, often in surprisingly simple ways. Richard Elman, the chairman of the Noble Group, one of the world’s largest commodity companies, is skeptical of newer blending technologies. He says bulldozers have been roughly mixing different grades of coal at power plants and mines for years. A single coal mine may have different qualities of coal in different seams, and will often stir them together with bulldozers before shipment so as to provide a mixture that better meets the customer’s specifications, he said. In the United States, big engineering companies like Bechtel and the Roberts & Schaefer subsidiary of KBR have been designing elaborate systems of conveyer belts that take coal arriving by rail and barge and distribute it to various stockpiles, blending it along the way. The most elaborate approach, developed in Europe and put into effect here, is to build a series of silos, each containing a different grade of coal. A large conveyor belt and scales are mounted underneath the silos. Coal from each silo is sprinkled onto the conveyor belt, then the mixture is dropped into rail cars, ships or a storage yard. “It’s not easy for this new technology to be accepted, so I’m using my network because I believe this would be good for the country,” said Li Anqing, the retired top administrator of Lianyungang’s big coal port, who is now the general manager of the operation here. Bob Williams Jr., the vice president for sales and marketing at Roberts & Schaefer, said that using specially built silos for blending coal is an unusually expensive approach, and would barely be considered except at large coal ports. But Mr. Au said that the blending cost per ton using silos, about $5, had not changed for the last several years. By contrast, coal prices have doubled in the past five years, to $130 a ton in China for coal with high heat content. So blending costs have halved as a percentage of the overall cost of coal. That reduction in relative costs, combined with tighter regulations in China aimed at reducing acid rain, have increased its attractiveness. “Blending didn’t make sense prior to 2003 as prices of coal were low,” Mr. Au said. But now, Petrocom is making plans for dozens of coal-blending facilities in China, to accommodate a flood of imports that could last for decades.

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Fw: Cumulative impacts, aggregation for Marcellus pipelines
by James Kotcon 25 Jun '11

25 Jun '11

This is a pretty major issue, and I think the Army Corps is on the right track. JBK >>> "Donald C. Strimbeck" <dcsoinks(a)comcast.net> 6/25/2011 4:23 AM >>> Army Corps of Engineers, Marcellus Shale firms spar Marcellus companies worry new permitting rules may delay pipeline projects Premium content from Pittsburgh Business Times - by Anya Litvak Date: Friday, June 24, 2011, 6:00am EDT The U.S. Army Corps of Engineers is butting heads with some Marcellus Shale companies who say the agency’s latest permit rules will delay pipeline projects. The federal agency, which regulates construction that involves dredging or filling of U.S. waters, has issued a clarification on how projects, such as pipelines that cross such waters, should be evaluated on their environmental impacts. The Corps says the clarification, which defines what constitutes a single project big enough to require the agency’s approval, won’t have an impact on how the Corps functions and is meant to be a guide to applicants. Yet, some in the Marcellus Shale industry are convinced the agency’s approach will mean more projects will fall under its scope and more of them will be delayed because of it. “Under the new (standard) they’re saying everything from the wellhead to the transmission line is a single project,” said Rob McHale, manager of environmental regulatory affairs at MarkWest Liberty Midstream & Resources LLC, a division of Denver-based MarkWest Energy Partners LP. McHale said the staffing constraints at the Corps and at other agencies required to review pipeline projects, such as the Pennsylvania Historic and Museum Commission, will mean, “the timing (of permits) will slow significantly.” But Wade Chandler, Pennsylvania permits chief for the Corps’ Baltimore District, which processes two-thirds of Marcellus activity applications in the state, cautions that if there are more permits coming his way, it’s because there’s simply more activity in the Marcellus shale. “Our scopes are limited to our permit areas,” which have not changed, Wade said. “We’re not expanding anything else.” WHAT MAKES A PROJECT Since 1988, the Army Corps, which regulates impacts to rivers, streams and wetlands, has allowed the Pennsylvania Department of Environmental Protection to unilaterally issue permits for projects whose impact to such waters is limited to less than 250 feet. If the impact is more than that, the application must be sent to the Corps for approval before the DEP can permit it. This program, which is revised every five years, is starting a new iteration July 1, with the definition of what constitutes a single project now spelled out in a newly added definitions section to make sure each permittee and regulatory agency is administering the law the same way. Whether a gas pipe will be judged as a single and complete project depends on the Corps’ new standard of whether it has independent utility: That is, would it be built even if other pipelines around it weren’t? According to Mark Haibach, vice president of ecological services with Civil & Environmental Consultants Inc., some Corps districts considered each stream crossing as a single and complete project, so a pipeline crossing five streams would be counted as five projects, with each one’s impact judged against the 250-foot threshold. Other districts, especially those in the area of the Marcellus within the past year, have treated all five crossings as part of a single project, summing up impacts and thereby making more projects fall under the Corps’ domain. The Army Corps’ new guidance makes it clear that regulators should consider as a single project all stream crossings that fit into a single pipeline project. INDUSTRY CONCERNS Currently, MarkWest’s stream crossing projects that don’t reach the 250-foot threshold get a DEP permit within 45 to 60 days, according to McHale. Those that need Army Corps approval take 60 to 75 days for MarkWest, though McHale said other companies have complained of longer waiting periods. MarkWest has had only a handful of projects go through the Corps review thus far, but McHale expects that number to jump once everything is consistently evaluated as a combined impact. For CONSOL Energy, getting a pipeline permit takes between nine months to a year, according to Katharine Fredriksen, vice president for environmental strategy and regulatory affairs, because many of its projects go through exceptional quality waters and require a more in-depth review. “Right now, pipelines are really the biggest bottleneck to actually getting Marcellus gas to market,” she said. The increased activity in general and what Fredriksen described as the Corps’ “expanded role” in pipeline projects will cause further delays, she said. Last year, testifying before the state’s House Republican Policy Committee, Ted Wurfel, Chief Oil & Gas’ environmental, safety and regulatory affairs manager, spoke on behalf of the industry, saying the “Marcellus Shale Coalition believes the DEP should return to … considering individual stream crossings as single and complete projects consistent with the applicable regulations.” “There’s always some difference in the way individual Corps districts will implement regulations,” Haibach said. But if the new permit program will cause the Corps to review more projects, it will be following a trend already in motion, he said. “For the last year, the Corps kind of reacted to the Marcellus Shale activity and the increase in project activity by increasing their scrutiny of projects,” he said. “Especially on pipeline projects, they’ve been opting to review projects more frequently.” Not everyone is convinced the Corps’ regulation will cause problems. The issue may be less about the actual permitting time lines than a general “sense that this is an attempt to federalize gas collection projects,” said Tom Johnston, assistant VP for environmental services with Harrisburg-based engineering group Skelly and Loy Inc., who dismissed the sentiment. “I don’t know that this is going to add as much burden to the gas companies as the gas companies think it is,” he said.

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Fwd: US House committee delays markup on coal ash bill to seek more support
by Jim Sconyers 24 Jun '11

24 Jun '11

---------- Forwarded message ---------- From: Blair John <ecoserve1(a)aol.com> Date: Fri, Jun 24, 2011 at 11:37 AM Subject: US House committee delays markup on coal ash bill to seek more support To: COAL-COMBUSTION-WASTE(a)lists.sierraclub.org US House committee delays markup on *coal* ash bill to seek more support<http://www.google.com/url?sa=X&q=http://www.platts.com/RSSFeedDetailedNews/…> Platts Introduced by David McKinley, a West Virginia Republican, the bill would require EPA to conform to its 2000 finding that *coal combustion* residuals, commonly called *coal* ash, do not warrant regulation as a hazardous substance under subtitle C of the*...* See all stories on this topic »<http://www.google.com/url?sa=X&q=http://news.google.com/news/story%3Fncl%3D…> Check out the Valley Watch website at: *http://valleywatch.net*<http://valleywatch.net/> *John Blair* "First they ignore you, then they laugh at you, then they fight you, then you win." Mahatma Gandhi *800 Adams Avenue* *Evansville, IN 47713* *812-464-5663* *** In accordance with title 17 U. S. Code, Section 107, this material is distributed without profit to those who have expressed a prior general interest in receiving similar information for research and educational purposes. * * * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-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 -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Morgantown's Horizontal Fracking Ban
by Jonathan Rosenbaum 24 Jun '11

24 Jun '11

http://www.scribd.com/doc/58653036/Morgantowns-horizontal-fracking-ban Today, the attempt to get a temporary restraining order against the ban failed miserably on the part of the plaintiffs! -Jonathan

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Re: [EC] [wvec-board] Gas drilling hazardous waste landfill in Preston County?
by DSGJr＠aol.com 24 Jun '11

24 Jun '11

Actually, I have heard rumors that the other landfills in the area that DEP has authorized to receive this waste are none to happy about this new proposed landfill -- They don't want the competition! Like everything else in this world, it's all about the money. Don Garvin In a message dated 6/24/2011 12:15:35 P.M. Eastern Standard Time, clrank2(a)gmail.com writes: Yes, Frank. This has been and is a hot button issue for Friends of Cheat, the PA-WV watershed COMPACT, Upper Mon River Assoc. and all the Dunkard Creek, Sierra and other folks in northern WV where the bulk of the horizontal marcellus drilling is happening -- especially the two in Morgantown near the water intake... and the two in the Dunkard Creek watershed.... Chesapeake and others have already reduced or eliminated entirely the drilling pits and have been catching the drilling muds, etc in open truck beds (don't know the official terminology for them) and taking them to other already existing landfills ----- ... Dan may be aware of the attitudes of these landfill operators, but with the growing amount of waste generated by the drilling in these northern WV Counties i'm sure they can see their projected capacity quickly being stressed or stretched to the limits and welcome this new project to relieve pressure on their limits. .... Needless to say others in the communities are none too happy... Cindy ~~~~~~~~~~~~~~~~~ On Fri, Jun 24, 2011 at 12:36 PM, Frank Young <_fyoung(a)mountain.net_ (mailto:fyoung@mountain.net) > wrote: This would seem to indicate public acknowledgement of serious waste disposal issues related to the by-products of shale gas drilling. ----- Original Message ----- From: _Rick Buckley_ (mailto:r_w_buckley1@yahoo.com) To: _Frank Young_ (mailto:fyoung@mountain.net) ; _Gordon Jones_ (mailto:gordonjoneswin@gmail.com) ; _gary singleton_ (mailto:gary-singleton@hotmail.com) ; _John Gorrell_ (mailto:john.gorrell@mail.wvu.edu) ; _Mike Reese_ (mailto:mgreese77@gmail.com) Cc: _Rick Buckley_ (mailto:r_w_buckley1@yahoo.com) Sent: Friday, June 24, 2011 11:30 AM Subject: Landfill in Preston County I guess this issue did not go away. This is what I had mentioned last evening regarding creating a landfill in Preston County related to Marcellus drilling. (see attached) __._,_.___ _Reply to sender_ (mailto:clrank2@gmail.com?subject=Re:%20[wvec-board]%20Gas%20drilling%20hazardous%20waste%20landfill%20in%20Preston%20County?) | _Reply to group_ (mailto:wvec-board@yahoogroups.com?subject=Re:%20[wvec-board]%20Gas%20drilling%20hazardous%20waste%20landfill%20in%20Preston%20County?) | _Reply via web post_ (http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJxZ2xwaW1zBF9TAzk3… MgRtc2dJZAMyMjA2BHNlYwNmdHIEc2xrA3JwbHkEc3RpbWUDMTMwODkzNTczMw--?act=reply&m essageNum=2206) | _Start a New Topic_ (http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJmYnUzdTY3BF9TAzk3… SWQDMTcwNTM2NTM5MgRzZWMDZnRyBHNsawNudHBjBHN0aW1lAzEzMDg5MzU3MzM-) _Messages in this topic_ (http://groups.yahoo.com/group/wvec-board/message/2205;_ylc=X3oDMTM1Z2hkdW1m… cwNTM2NTM5MgRtc2dJZAMyMjA2BHNlYwNmdHIEc2xrA3Z0cGMEc3RpbWUDMTMwODkzNTczMwR0cG NJZAMyMjA1) (2) Recent Activity: _Visit Your Group_ (http://groups.yahoo.com/group/wvec-board;_ylc=X3oDMTJmYmEwNG9pBF9TAzk3MzU5N… nRsBHNsawN2Z2hwBHN0aW1lAzEzMDg5MzU3MzM-) (http://groups.yahoo.com/;_ylc=X3oDMTJlb2xmZ242BF9TAzk3NDc2NTkwBGdycElkAzIxN… Mw--) Switch to: _Text-Only_ (mailto:wvec-board-traditional@yahoogroups.com?subject=Change Delivery Format: Traditional) , _Daily Digest_ (mailto:wvec-board-digest@yahoogroups.com?subject=Email Delivery: Digest) • _Unsubscribe_ (mailto:wvec-board-unsubscribe@yahoogroups.com?subject=Unsubscribe) • _Terms of Use_ (http://docs.yahoo.com/info/terms/) . __,_._,___

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Gas drilling hazardous waste landfill in Preston County?
by Frank Young 24 Jun '11

24 Jun '11

This would seem to indicate public acknowledgement of serious waste disposal issues related to the by-products of shale gas drilling. ----- Original Message ----- From: Rick Buckley To: Frank Young ; Gordon Jones ; gary singleton ; John Gorrell ; Mike Reese Cc: Rick Buckley Sent: Friday, June 24, 2011 11:30 AM Subject: Landfill in Preston County I guess this issue did not go away. This is what I had mentioned last evening regarding creating a landfill in Preston County related to Marcellus drilling. (see attached)

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from ScienceDaily: Large numbers of birth defects seen near mountaintop mining operations
by Paul Wilson 24 Jun '11

24 Jun '11

Large numbers of birth defects seen near mountaintop mining operations<http://feedproxy.google.com/%7Er/sciencedaily/top_news/top_environment/%7E3…> Posted: 23 Jun 2011 06:00 AM PDT Birth defects are significantly more common in areas of mountaintop coal mining and are on the rise as the practice becomes more common, according to a new study. -- 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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Re: [EC] Press on coal ash picket
by James Kotcon 24 Jun '11

24 Jun '11

Press from yesterday's protest. First, the Charleston Daily Mail had a story announcing the protest: http://dailymail.com/News/statenews/201106230478 I was told WV Public Radio also announced the protest, but I can't find a link. Television: http://www.wboy.com/story.cfm?func=viewstory&storyid=102028 http://www.wowktv.com/story.cfm?func=viewstory&storyid=101883 (Charleston-Huntington) http://www.wtrf.com/story.cfm?func=viewstory&storyid=101883&catid=3&printvi… (Wheeling) News articles: Vicki Smith's AP story http://hosted.ap.org/dynamic/stories/W/WV_COAL_ASH_PROTEST_WVOL-?SITE=AP&SE… It got picked up by numerous papers http://washingtonexaminer.com/news/2011/06/wva-sierra-club-fights-mckinleys… http://www.weirtondailytimes.com/page/content.detail/id/140629/W-Va--Sierra… http://timeswv.com/westvirginia/x2099992739/Activists-fight-McKinley-s-coal… (Fairmont) (Capito's District) http://www.wvgazette.com/News/201106230481 (I think the Charleston Gazette got it, but their web page does not load today.) http://www.journal-news.net/page/content.detail/id/563669/W-Va--Sierra-Club… (Martinsburg, WV) The Morgantown paper requires a paid subscription, but here is their story: DOMINION POST page 4A Friday 24 June 2011: http://ee.dominionpost.com/Repository/ml.asp?Ref=RFBvc3QvMjAxMS8wNi8yNCNBcj… Area Sierra Club protests McKinley’s coal ash bill BY DAVID BEARD The Dominion Post One day after a House subcommittee OK’d Rep. David McKinley’s coal ash regulation bill, the Sierra Club West Virginia Chapter picketed his Morgantown office and handed over a letter asking him to withdraw the bill. Club members contend coal ash is toxic and needs Environmental Protection Agency (EPA) oversight. The Republican’s bill, HR 1391, comes in response to an EPA proposal to reclassify coal ash - a byproduct of coal combustion used in such things as cement and drywall, and on surface mines to mitigate acid drainage - as a hazardous waste. It reinforces states’ powers to enforce their own standards, which may exceed EPA standards. According to the bill memo, the EPA proposes two alternate rules. One would make coal ash a hazardous waste under subtitle C of the Solid Waste Disposal Act (called RCRA), calling for protective measures including landfill liners, groundwater monitoring and fugitive dust controls. The second proposal would keep it nonhazardous under RCRA subtitle D, but calls for the same protective measures. The EPA said neither rule would revise most aspects of “beneficial reuse” in cement, bricks, drywall and such. HR 1391 would preclude the EPA from regulating coal ash in any way under subtitle C. West Virginia Reps. Shelley Moore Capito, a Republican, and Nick Rahall, a Democrat, are among the cosponsors. The House Energy & Commerce Subcommittee on Environment and the Economy approved the bill in a voice vote Wednesday. Club members picketed alongside Beechurst Avenue on Thursday morning, bearing such signs as “Coal Ash + Our Water = Toxic Brew.” Then they headed inside the Seneca Center and downstairs to McKinley’s office to present a packet of papers and speak briefly with McKinley’s field representative, Pam Krushansky. In a letter to McKinley, Sierra Club Energy Committee Chairman James Kotcon says, “In essence, your bill blocks EPA from doing its job. ... Dozens of coal ash dumps around the nation are polluting air and water with hazardous materials such as arsenic, cadmium, selenium, mercury and lead.” The Morgantown Energy Associates power plant near the Seneca Center produces coal ash used on area surface mines. After the meeting, members said there are safer alternatives - such as limestone - for treating mine drainage. The letter also notes that West Virginia’s 1st Congressional District has a “high concentration of coal ash disposal facilities,” including the Albright landfill in Preston County. The Sierra Club, the West Virginia Highlands Conservancy and West Virginia Rivers Coalition are suing Mon Power, and its parent company FirstEnergy, over the Albright coal ash landfill for allegedly discharging excessive levels of arsenic into Daugherty Run and the Cheat River. Bill proponents contend coal ash doesn’t meet EPA toxicity standards, while opponents contend EPA has updated its science. Proponents also say the proposed EPA rules could kill hundreds of thousands of jobs and raise utility rates by as much as 25 percent. Subcommittee Chairman John Shimkus said state agencies, including the West Virginia Department of Environmental Protection, support the bill and say they can regulate this without federal control. McKinley sent this statement to The Dominion Post in response to the protest: “I appreciate the citizens who came to my office today to voice their opinion. While we do disagree on the issue of coal ash, I am glad they are engaging in the debate. “My legislation ... actually strengthens state regulatory authority over these materials. The legislation would prevent the Obama administration’s attempt to reclassify these materials as a hazardous waste - a designation previous administrations have deemed inappropriate. “Even this week during an Energy and Commerce subcommittee, both Democrats and Republicans voted to classify coal ash as a nonhazardous material because the science proves it is nonhazardous. “In addition, the economic consequences of a hazardous designation are disastrous; one study found it would cost America more than 300,000 jobs in the next 20 years across a variety of industries. Public health is just as important as jobs, and they are not mutually exclusive in this case. By passing this bill, we will strengthen environmental protections and protect hundreds of thousands of jobs.” The bill’s next step is consideration by the full Energy & Commerce Committee. No date has been set yet, according to House sources. Let me know if you find anything else? Jim Kotcon >>> Jeff Stant <jstant(a)environmentalintegrity.org> 6/23/2011 6:08 PM >>> I heard from Sam that you had twelve people there and generated some press. Do you have any links to it? GREAT JOB!!! I'd like to keep this thing going and growing. But that's fantastic that you did it! Please post any press to Sierra's CCW listserve. Thanks Jeff Jeff Stant Director, Coal Combustion Waste Initiative Environmental Integrity Project 5819 Lowell Avenue Indianapolis, IN 46219 Phone: 317-359-1306 Mobile: 317-331-3607 Email: Jstant(a)environmentalintegrity.org

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Fw: DAILY UPDATE 22 June 2011. News of interest to Mon river watershed denizens.
by James Kotcon 22 Jun '11

22 Jun '11

News from Morgantown. Pay particular attention to what Governor Tomblin and Randy Huffman are saying. The pressure on the Governor must continue. JBK >>> "Donald C. Strimbeck" <dcsoinks(a)comcast.net> 6/22/2011 4:47 AM >>> DOMINION POST headline Wednesday 22 June 2011: Council OKs ban Gas company plans to sue city The Dominion Post The Morgantown City Council voted 6-1 to pass the Marcellus shale drilling ban in the city and within a 1-mile radius beyond the city’s boundaries. Dozens of people showed up to both support and speak against the drilling ban. The meeting began at 7:30 p.m., and people were still commenting after 11 p.m. Enrout Properties LLC, which owns the surface and mineral rights to the gas pad at the Morgantown Industrial Park, is already planning a lawsuit. The company hired Jackson Kelly to represent them in a lawsuit against the city. Work began last month, and $7 million has been invested in the well site so far. Drilling supporters rally at Courthouse http://ee.dominionpost.com/Repository/ml.asp?Ref=RFBvc3QvMjAxMS8wNi8yMiNBcj… Energy independence touted as benefit BY ALEX LANG The Dominion Post To show their support for the gas drilling industry and its employees, about 100 people gathered on Courthouse Square on Tuesday. “Economic growth through energy independence” and “Local energy=local jobs” were two of the signs on display in the crowd. “We’re responsible, we do things right,” Independent Oil and Gas Association of West Virginia President Michael McCown told the crowd. “Our industry is responsible for 35,000 jobs.” That number represents both the direct and indirect jobs tied to the drilling industry. He also said the workers are going to fight for their jobs and their honor. McCown was one of four speakers at a rally at the courthouse. Those involved in the gas drilling industry, most notably Marcellus shale, attended the rally before heading to the Morgantown City Council meeting. The council voted to ban Marcellus shale drilling in the city and within a 1-mile radius of city limits. One of those employees in attendance was Zach Toothman. He recently graduated from WVU with a degree in petroleum engineering. He said he is a field engineer for Chesapeake Energy and spends most of his time around Marcellus shale drilling. He said he was happy the rally was organized. “We need to do more like this,” Toothman said. Delegate Doug Skaff, DKanawha, told those at the rally that students like Toothman will have a chance to stay in West Virginia and raise a family thanks to the drilling industry. He said the state is at a crossroads and production of natural gas can be a game-changer for the state. The drilling industry must work with the various government environmental protection agencies, Skaff said. He added “we’re not going to this half-heartedly.” Chesapeake Energy Vice President of Corporate Development and State Government Regulations Scott Rotruck said safety is the number one priority. Not only in terms of worker safety, but environmental safety as well. “That is extremely important to us,” Rotruck said. Matt Sutton, who helped organize the rally, said it wasn’t in reaction to the several recent Marcellus shale protests. He added it was an idea that was talked about in the past. “They want to get out and show support for workers in the area,” Sutton said. MORGANTOWN COUNCIL City Marcellus drilling ban officially in place Byrer only one on council to vote no BY TRACY EDDY The Dominion Post Marcellus shale drilling is illegal in Morgantown and areas within a mile of the city limits. During its Tuesday meeting, Morgantown City Council voted, 6-1, to approve a law to ban horizontal drilling and fracturing — or fracking — in Morgantown and up to one mile beyond its borders. Mayor Bill Byrne and council members Ron Bane, John Gaddis, Jenny Selin, Marti Shamberger and Don Spencer voted for the law. Councilman Charlie Byrer voted against it. The vote didn’t take place until after midnight. Council spent nearly the first three hours of the meeting taking public comment on the issue and the smoking ban law. Spencer questioned the length of the public hearing at about 10:30 p.m. City Council has an 11 p.m. curfew when making decisions. Council unanimously voted to suspend the rules and work past curfew. Byrer said he voted against the ban because he supports the negotiations between the Morgantown Utility Board (MUB) and Northeast Natural Energy — the company drilling at the Morgantown Industrial Park. The drilling company agreed to implement extra safeguards at MUB’s request. He said it’s up to the governor to call a special session so the state legislature can address Marcellus shale drilling and permitting regulations. Council members also approved minor amendments to the ordinance. Byrer was the lone vote against them. The law now includes a definition of horizontal drilling and the phrase “horizontal drilling with fracturing” instead of “horizontal drilling and/or fracturing.” Council chambers overflowed with people and a crowd gathered in the lobby of City Hall to watch the meeting on TV. Several residents voiced their concerns for Morgantown’s water, air and general quality of life. Wetzel County residents also attended the meeting to talk about their experience with Marcellus shale drilling. Industry representatives spoke about how the industry could do its work responsibly. Mike John, president of Northeast Natural Energy, said the company wouldn’t be drilling at the industrial park if it didn’t think it could do it safely. He also cited the company’s agreement with MUB and said about $7 million was invested in the two wells, so far. “We believe it is impossible for an incident to occur that would impact Morgantown’s drinking water,” he said. Mike McCown, president of the Independent Oil and Gas Association of West Virginia, read City Council a letter from acting Gov. Earl Ray Tomblin, in which the governor requested Morgantown keep its authority within its city limits. Tomblin’s letter said the Marcellus wells at the Morgantown Industrial Park would be good for the city’s economy. “It sends a negative signal to a business to change the rules after permitting has already been completed,” McCown read. Larry Schwab, Collins Ferry Road, said the state and federal government don’t have regulations in place to protect residents. “We are looking to you, our elected officials, to protect us.” May seek injunction to stop the law from taking effect BY DAVID BEARD The Dominion Post The wheels are already in motion to sue Morgantown over its horizontal gas drilling and fracking ban, a Jackson Kelly attorney said Tuesday. Al Sebok said Enrout Properties LLC, which owns the surface and mineral rights to the Morgantown Industrial Park Marcellus gas pad, has retained him to represent Enrout in litigation against the city. Sebok was one of the scheduled speakers at Jackson Kelly’s seminar, “Marcellus Shale in WV: Emerging Issues,” held at the Waterfront Place Hotel. Morgantown based its ban on state code 8-12-19, which allows cities to extend their jurisdiction one mile beyond their boundaries when required to reasonably exercise their powers and authority. Sebok listed several reasons why the city may be wrong. One, 8-12-19 was written in 1969. When the Legislature updated the zoning law in 2004, it didn’t include the same extraterritorial provision; while Morgantown is changing its business and taxation code, the ban is really more of a zoning issue. Two, code 8-12-2, regarding home rule powers, forbids city laws that conflict with the state constitution or other general law. The ban does conflict. Three, cities have the power to legislate against public nuisances, but the law clearly defines public nuisance, and the city can’t “arbitrarily and capriciously” declare a legally permitted activity a public nuisance. Sebok said Northeast Natural Energy, the natural gas firm at the site, worked closely with the Morgantown Utility Board, a city agency, even before the permit was approved, and agreed to extra provisions — containment, berms, casings and testing — after the permit was issued. “This is what I view as a win-win situation for everyone. This is how the permitting [process] should work,” he said. He called the city’s action a regulatory taking of property without just compensation. He later told The Dominion Post that he didn’t know how soon Enrout would file suit — they’re evaluating options — but it likely will be quickly. He also said the company may seek an injunction or restraining order to suspend the ordinance until litigation is completed. Northeast President Michael John said that litigation is under consideration, and the company has been working with attorneys to map out strategies. Bottom line, though, he said: “I do not want to sue the city of Morgantown.” Northeast is in the business of drilling, not taking cities to court, he said. Morgantown City Manager Terrence Moore said the city has anticipated legal action and is acting with due diligence to prepare for and support City Council’s action, and will respond accordingly. He believes state code supports the city’s position. Rob Alsop, chief of staff for acting Gov. Earl Ray Tomblin, also spoke at the Jackson Kelly seminar. He equated the city’s ban to what the Environmental Protection Agency did to Arch Coal’s Spruce Mine in Logan County: Retroactively revoked a water permit, effectively halting $250 million worth of planned operations. Alsop referred to Northeast’s $7 million-plus investment at the Morgantown site. “Now, after the fact, there’s the potential they could be told to stop.” That could have a chilling impact on business across the state, he said, when Tomblin wants to promote the industry and its ancillary businesses. “Marcellus shale is a great development for West Virginia,” Alsop said. “We are doing all we can to make it a phenomenal development for West Virginia.” Tomblin appointed a Marcellus and Manufacturing Task Force to explore the promise of ethane, a natural gas by-product that could spur all sorts of plasticsrelated manufacturing to replace the lost chemical industry in the Kanawha Valley and the lost steel works in the Northern Panhandle. “We want this type of investment here,” he said. DEP: 1,600 Marcellus permits issued; 400 in works BY DAVID BEARD The Dominion Post Department of Environmental Protection (DEP) Secretary Randy Huffman told a Morgantown audience Tuesday that the DEP is on pace to permit 400 more Marcellus wells this year; it needs more inspectors; and it needs the Legislature to take some action. Huffman was one of the featured speakers at Jackson Kelly’s seminar, “Marcellus Shale in WV: Emerging Issues,” held at the Waterfront Place Hotel. He said that in some ways, he is pleased Marcellus legislation failed last session. The DEP submitted a bill, SB 204, which the House ignored, and the Senate rewrote, scrapped and replaced with a different House bill. The only thing that survived was the bill number, Huffman said. “We bit off more than we could chew.” It was too much work for a part-time citizen legislature, and it’s better nothing passed than something deeply flawed and subject to many challenges, he said. The DEP expects to have a seat at the table for the Legislature’s Marcellus select committee drafting a new compromise bill, and its contribution will be different this time, based on new things it has learned — such as the aggregate effects on air quality and public notice provisions. While some have publicly said it’s already too late to keep the industry from running roughshod over the state, Huffman is more optimistic. “I strongly believe we are way in front of the Marcellus play from a regulatory standpoint. I’m really confident a lot of things are going to happen in the coming months.” Huffman said the DEP has issued 1,602 Marcellus permits, with 942 of those already completed. The remaining 660 have either not been drilled, are in process, or awaiting fracking to begin. The agency expects to approve another 400 permits this year, he said. It’s permitting at a greater capacity than the industry can drill. That’s understandable, he said, because gas fir ms have to take steps to secure and retain their leases. The expected legislation needs to have one thing: Money for inspectors, Huffman said. The DEP doesn’t have the power to raise fees without legislative action. Huffman did say, though, that without legislation, the DEP is doing what it can to adapt its growing knowledge of the state’s needs. Permit applications are different now from a year ago, and may be different again in two months. Acting Gov. Earl Ray Tomblin’s Chief of Staff Rob Alsop also spoke at the seminar, and told The Dominion Post that if the select committee could have something ready as early as August, Tomblin would be willing to consider putting it on the call with redistricting. THE STATE JOURNAL: Morgantown City Council Bans Horizontal Drilling with Hydraulic Fracturing Posted Wednesday, June 22, 2011 ; 12:59 AM President of company now developing two wells asked what the city is prepared to compensate him for his $7 million investment. By Pam Kasey Morgantown City Council voted 6-1 on June 21 to pass an ordinance prohibiting horizontal drilling with hydraulic fracturing within a mile outside city limits. It’s been an issue of hot discussion in Morgantown since early May, when the city’s residents learned after the fact that Northeast Natural Energy of Charleston had been permitted to drill two Marcellus Shale natural gas wells just upriver from the area’s drinking water intake on the Monongahela River. Residents expressed concerns about the possibility of an drilling or hydraulic fracturing accident that would contaminate drinking water, as well as air quality and other concerns, and they expressed frustration that there is no public notification and comment process for gas wells. NNE’s well pad is located outside but within a mile outside city limits; the Morgantown council is following Wellsburg’s lead in relying on a provision of state code that allows cities to extend their authority for up to a mile beyond their boundaries when needed to carry out city functions. Tuesday's second reading of the ordinance drew comments from dozens both for and against the ban. Mike McCown, president of the Independent Oil and Gas Association, read a letter from acting Gov. Earl Ray Tomblin urging the city to keep its ban within city limits. The industry won't take kindly to a ban, McCown said. “If a city says there shouldn’t be drilling and doesn’t support the industry, it’s going t be hard for industry members to support that city, to do commerce in that city,” he said. “That’s a decision the city’s going to have to take seriously, in my opinion.” Several who addressed council had traveled from adjacent Wetzel County, where Chesapeake Energy has a high concentration of Marcellus gas production activity. “Coming with this Marcellus development you’re going to have tons of air pollution, water pollution — I’ve submitted copies of accidents, road issues, water contaminations,” said Wetzel County resident Ed Wade. “In our area we’ve found crime rates have gone up, drug usage has gone up,” Wade said. “It’s going to put a strain on your volunteer fire departments, your EMS, your law enforcement. All of this is going to have to be doubled and tripled. … For the people of Morgantown and their best interest, I hope you guys make the right decision.” NNE President Mike John addressed council for the first time. John noted that his company’s wells have received permits from the state Department of Environmental Protection. He added that his company met the additional assurances of the Morgantown Utility Board, the provider of drinking water for about 90,000 in the region — assurances that he viewed as having come from the city through MUB. “Given this history, we were surprised that, despite our good faith effort to work with the city to their apparent satisfaction, we find ourselves before council tonight as you move forward to ban drilling and fracking within a mile of city limits,” John said. “While there is risk associated with any industrial process, given the safeguards that we have implemented and the nature of the site, we believe it is impossible for an incident to occur that would impact Morgantown’s drinking water in any meaningful way,” he added. He asked what the city is willing to compensate his company for the $7 million it has invested in its site based on good faith interactions with the city. Councilman Charles Byrer alone voted against the ordinance. He expressed a preference for regulation at the state level and cited concerns about the rights of mineral owners, including the city itself. “I think we’re basically going to be regretting this down the road. We have opportunity here. We’re sitting on a treasure,” he said. “And I think we’re on a slippery slope from a legal perspective.” Council takes this action, concluded Mayor William Byrne just before the vote was taken, in the absence of effective state regulation — mentioning in particular the need for public notification and comment on gas wells. “We do not do this with a lot of gusto,” Byrne said. FirstEnergy: Unconventional Gas an Additional Challenge to Coal-Fired Power Industry Posted Tuesday, June 21, 2011 ; 10:34 Updated Tuesday, June 21, 2011; 11:46 AM Power sector could represent one-third of U.S. natural gas demand by 2020. By Pam Kasey MORGANTOWN -- The boom in production of natural gas from formations like the Marcellus shale is presenting an additional challenge to an already challenged coal-fired power industry. That was one observation from Lauren Quamm, manager of market analytics for FirstEnergy Solutions, when he spoke June 21 at the “Marcellus Shale in West Virginia: Emerging Issues” seminar hosted in Morgantown by Jackson Kelly. FirstEnergy, Quamm said, operates from Illinois to Maryland and is the nation’s largest industrial utility based on customers served; FirstEnergy Solutions is the largest competitive retailer of electricity. “Natural gas is poised to become (an even more) important part of the fuel mix for generating electricity in this country,” while coal as a fuel for the generation of electricity is getting squeezed, Quamm said. That is based in part on the recent growth in supply of natural gas due to horizontal drilling and hydraulic fracturing, Quamm said. That growth has resulted in reduced prices. Not long ago, natural gas was the most expensive generation fuel that represented a significant part of the market. But the price of gas has halved since 2008, Quamm said, from $9 per million British thermal units in 2008 to $4.50 now; with that, the price of electricity has fallen approximately by half. And because all power plants in a region earn what the most expensive plant is charging per megawatt-hour, all power plants are earning less, he said. At the same time, planned and expected environmental regulations on air emissions and other aspects of power generation will affect coal-fired plants more than others. Given that squeeze, moderate projections are that 30 to 70 megawatts or about 20 percent of coal-fired generation capacity could be shut down east of the Rocky Mountains. “The replacement power plants will largely be fired by natural gas,” he said. The combination of gas plants added to the grid and increased firing of existing plants “could be a significant source of demand for the industry,” he said. If 50 to 70 gigawatts of coal-fired generation capacity is shuttered, he said, it could mean 8 to 9 trillion cubic feet per year of power sector gas demand by 2020: roughly one-third of U.S. natural gas demand. Agencies Say They Are Now More Prepared June 22, 2011 By J.W. JOHNSON JR. With AP Dispatches - Staff Writer , The Intelligencer / Wheeling News-Register A year after a natural gas well burst into flames in Marshall County, the West Virginia Department of Environmental Protection is drafting legislation focused on well sites, water management and permit fees. In the early hours of June 7, 2010, Marshall County 911 dispatchers began receiving calls reporting a loud explosion and flames shooting 75 feet into the air on Beam's Lane outside of Moundsville. As emergency management teams from Marshall and Belmont counties arrived at the site of a natural gas well operated by AB Resources Inc., they began to assess the situation: A fire was raging and appeared to be unextinguishable, and seven workers had been seriously injured. After getting the fire under control and containing it for 12 hours until crews trained to handle well fires could arrive, emergency management officials remained at the site for nearly five days until the fire burned out. Now the DEP is paring down legislation it presented for this year's regular session, spokeswoman Kathy Cosco said. Out is language addressing such topics as forced pooling, which involves drilling in areas with multiple mineral rights owners, and the rights of surface owners, she said. The regular session bill died after substantial amendments in both chambers. Department Secretary Randy Huffman criticized lawmakers Tuesday for its fate. He told a Morgantown conference on Marcellus Shale issues that the changes disregarded provisions developed by his staff during the better part of the year. The new draft will also propose hiking permit fees above their current rate, which is usually around $600 per well, but not likely as high as the $10,000 proposed in the regular session bill, Cosco said. DEP's goal is enough funding for eight to 10 more inspectors - the department now has 17 positions - along with additional office staff, she said. Huffman said a serious fee hike would allow "more of a presence on the ground at these sites." Some companies have even offered to pay higher fees, but Huffman said he was forced to decline because his agency has no structure for accepting such sums. Huffman agreed the fee amount could prove a sticking point as a new House-Senate select committee attempts to find a compromise that can pass in special session. The industry argues that fees higher than those charged in other Marcellus states would make West Virginia less competitive. Rep. Shelley Moore Capito, R-W.Va., warned the Morgantown conference that if state legislators can't agree on Marcellus regulations, the federal government is likely to do the job for them. The federal Environmental Protection Agency is already cracking down on the coal industry and is "slathering" to get at the natural gas industry, too, Capito said. Locally, a lot has changed since the Beams Lane fire regarding the way local emergency management crews and first responders react when faced with a well explosion. They cited equal parts planning practice for the adaptations. "There was a steep learning curve when we arrived for that first fire," said Marshall County Emergency Management Director Tom Hart. "We found out that the best way to prepare for those situations and learn how to be able to respond was to actually deal with them." The fire was the first of three separate gas-related incidents in a four-month period in the county, and Hart said each incident presented a new challenge from which to learn. Hart said as a result of dealing with those incidents, local fire departments and law enforcement agencies now are more prepared and have a better idea of what to expect if a well fire is reported. He added his office has created a checklist and implemented other protocols in the emergency management comprehensive plan, which is shared not only with offices in Marshall County but around the state. The biggest change, Hart said, is that the lines of communication between county officials and gas company representatives are open, allowing for information to be shared on a more frequent basis. First responders at the Beam's Lane fire said it was unclear who was supervising the site, and county officials said they had not been informed of any drilling activity in that area or been given information as to how many employees had been working there. "Since that first incident, companies have been very forthwith in providing us with information on where their sites are and what is happening," he said, adding that information comes via weekly email updates and at monthly meetings of the Marshall County Energy Exploration Task Force, which was created last August. Hart said having frequent communication and knowing who to contact in the event of an emergency is key to allowing first responders to get to a site and on task as quickly as possible. He added many companies have also been proactive in investing in their own emergency plans and training for their workers. "They know that for public safety officials to assist them, they need to provide accurate information on their locations, and we need that information to protect the public and the people working at their sites," he said. Marshall County fire departments have also been able to upgrade their equipment and seek further training using donations from Chief Oil and Gas and Chesapeake Energy, which donated $100,000 and $221,000, respectively, following well fires on their properties. Hart said those funds were used to purchase equipment and supplies that would be used in the event of a similar incident. Hart said he has heard from representatives from counties around the state who have expressed concern over increased drilling activity in their areas. He said he will continue to share the information that Marshall County has gathered in the past year so they can be one step ahead in the event of an emergency. "I hate to say it, but I am kind of glad we dealt with it when we did and were able to become better prepared," he said.

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Fwd: WV_Crucial House Vote - Please Call Your Representatives
by James Kotcon 22 Jun '11

22 Jun '11

This is urgent. Drop what you are doing and call today. If you are not in the First District, call Capito and Rahall and ask them to call McKinley to ask him to withdraw the bill. JBK >>> Sam Flenner <samf.environmentalintegrity(a)gmail.com> 6/21/2011 8:42 PM >>> *HR 1391 – The very bad McKinley Coal Ash Bill is scheduled for a vote in the House Energy and Commerce Committee this Thursday, June 23rd. * The following House Representative from your state is on the Committee. Phone calls in opposition to HR 1391 are urgently needed to your member to ensure he opposes HR 1391. If you live in the District of the following Representative, please call him at *David McKinley 202-225-4172 * https://mckinley.house.gov//index.cfm?sectionid=58<https://mckinley.house.gov/index.cfm?sectionid=58>Phone calls are preferred And ask other members of your group or network to call him as well. The message is simple. --McKinley’s amended bill, HR 1391, derails the ongoing EPA coal ash rulemaking and would prevent EPA from regulating coal ash in a way that protects health and the environment. --EPA must be allowed to proceed with its coal ash rulemaking, consider the hundreds of thousands of public comments it has received, and make its decision based on the best available science. --Your representative should protect the health and environment of your community and those of other Americans who live around coal ash sites and honor the public rulemaking process. Again…Please: 1) Call your House Committee members today to ask him to oppose HR 1391; 2) Ask your members and any others in your network to call their Representatives to oppose HR 1391; 3) We lost in Subcommittee by only 1 vote – Please make the call. Thank you, Jeff Stant Director, Coal Combustion Waste Initiative Environmental Integrity Project 5819 Lowell Avenue Indianapolis, IN 46219 Phone: 317-359-1306 Mobile: 317-331-3607 Email: Jstant(a)environmentalintegrity.org -- Samuel E. Flenner III Outreach Coodinator Environmental Integrity Project www.environmentalintegrity.org samf.environmentalintegrity(a)gmail.com 317.352.2339 c-317.850.0436

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Fwd: San Antonio's Deely Coal Plant is Closing, Here is the Press Release
by Paul Wilson 21 Jun '11

21 Jun '11

maybe Rep. Mckinney should see this? fyi, paul ---------- Forwarded message ---------- From: Oliver Bernstein <oliver.bernstein(a)sierraclub.org> Date: Mon, Jun 20, 2011 at 4:28 PM Subject: Fwd: San Antonio's Deely Coal Plant is Closing, Here is the Press Release To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org ---------- Forwarded message ---------- This went out to local press in SA and to national coal press. http://action.sierraclub.org/site/MessageViewer?em_id=209362.0 June 20, 2011 Contacts: Eva Hernandez, Sierra Club, 512-299-1550, or Ryan Rittenhouse, Public Citizen, 440-796-9695 Sierra Club and Partners Celebrate First Announced Closing of a Publicly-owned Coal Plant in Texas San Antonio's Deely Plant Expected to Close by 2018, Replaced by Clean, Solar Power San Antonio -- Monday afternoon, San Antonio Mayor Joaquin Castro announced that City Public Service’s (CPS) Deely coal-fired power plant will shut down by 2018. Additional solar power contracts for the San Antonio area will replace that dirty electricity and bring clean energy jobs to Texas. The planned retirement of the two coal boilers at Deely marks the 189th and 190th generators to begin plans for retirement in 2011. In response to today's announcement, the Sierra Club, SEED Coalition, and Public Citizen issued the following statement: The announcement today confirms the new direction taken by CPS Energy which has committed to meeting 20% of its energy needs through renewable energy by 2020, and reducing its peak demand through energy efficiency by 780 megawatts. CPS Energy recently began receiving power from a 14 MW solar plant in South San Antonio, and has signed a contract with SunEdison for an additional 30 MWs of solar power. Mary Anne Hitt, director of the Sierra Club's Beyond Coal Campaign stated that, "Today's announcement in Texas shows that cities around the country are taking strides to move beyond coal. Mayors and concerned citizens in many states have taken it upon themselves to prove that solar and other forms of clean energy are ready to replace dirty and dangerous sources of power to meet our energy needs." "San Antonio’s decision to phase out the Deely coal plant signals the beginning of the end of the coal-burning era and its associated air pollution and illness in Texas,” said Eva Hernandez, with the Sierra Club’s Beyond Coal campaign. “We are ready for Austin to follow suit and for other municipal utilities, the electric co-ops, retail electric utilities, and indeed the State of Texas to move forward with a clean energy economy. This is how we will create more jobs while breathing cleaner air in Texas.” However, environmental groups do not support the west Texas Summit coal plant that could be part of San Antonio’s plan. “Any purchase of coal power from the Summit coal plant should be conditional upon phasing out Deely,” said Ryan Rittenhouse of Public Citizen. “Furthermore, CPS should commit to running Deely's two dirty coal boilers as little as possible leading up to the phase out.” The CPS Deely plant is the first publicly-owned coal plant slated for retirement in Texas. The Sierra Club has called for the phase-out of the Lower Colorado River Authority's Fayette coal plant, which is partially-owned by the City of Austin. The Sierra Club's Beyond Coal Campaign has also called for the phase-out of several privately owned coal plants: TXU-Luminant’s Big Brown coal plant in Fairfield, the Martin Lake coal plant near Henderson, and the Monticello coal plant near Mount Pleasant. Several recently permitted coal plants in Texas have been prevented from starting, and three, White Stallion, Las Brisas, and Tenaska face additional obstacles. # # # -- Cheers, Sean Sarah Communications Manager (South East & North East) Sierra Club Beyond Coal Campaign C: 330 338-3740 P: 202 548-4589 E: Sean.Sarah(a)sierraclub.org -- Oliver Bernstein National Communications Strategist Sierra Club Phone: 512.477.2152 x102 Cell: 512.289.8618 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-ALERTS list, send any message to: COAL-CAMPAIGN-ALERTS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp -- 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: Tr-Ash Talk: W.V. Rep. McKinley Sells Out Constituents
by James Kotcon 21 Jun '11

21 Jun '11

Note: The markup (on McKinley's bill) was rescheduled for next Tuesday, June 21 at 4 p.m. Actions Tuesday morning? JBK >>> Jim Sconyers <jimscon(a)gmail.com> 6/17/2011 3:24 PM >>> Jim - I think we need to do something. This worthless SOB needs some consequences. What can we do? How about picketing his Morgantown office and getting media there? Or.......? ---------- Forwarded message ---------- From: Raviya Ismail <rismail(a)earthjustice.org> Date: Fri, Jun 17, 2011 at 9:13 AM Subject: Tr-Ash Talk: W.V. Rep. McKinley Sells Out Constituents To: COAL-COMBUSTION-WASTE(a)lists.sierraclub.org Here is our latest Tr-Ash Talk blog: http://earthjustice.org/blog/2011-june/tr-ash-talk-w-v-rep-mckinley-sells-o… Emily Enderle Tr-Ash Talk: W.V. Rep. McKinley Sells Out Constituents Congressman’s district is home to largest coal ash pond Here we go again. Some of our elected leaders are once more maneuvering to block much-needed health protections against coal ash. Rep. David McKinley (R-WV) has sponsored a bill that would broadly remove federal authority for any regulation of coal ash ever. This bill, if enacted, also would conveniently protect his business interests. In April, Politico exposed Rep. McKinley’s business interest in ensuring that coal ash is not regulated. Rep McKinley owns the largest engineering firm in West Virginia and his company uses coal ash in concrete, as fill for roads and other uses. Rep. McKinley also represents a district that has the largest coal ash pond in the nation, and his bill goes against what he promised West Virginian Curt Havens, veteran and constituent. Havens was at the Energy and Commerce hearing in April, when Rep. McKinley said, about prior coal ash threats, "I want to make sure that never happens again to another family in America." (Those comments start at minute marker 2:26:26.) Again, business interests are coming before the interest of protecting public health. During the House budget negotiations February frenzy, Rep. McKinley sponsored amendment 217 that would have prohibited the EPA from using any of their funds to move forward with the health protective Subtitle C regulation. Rep. Cliff Stearns (R-FL) introduced amendment 10, trying to achieve the same thing. It’s no surprise that both congressmen are heavily supported by the energy sector. During his 2010 campaign Rep. McKinley received $43,300 from energy companies, and $22,751 of that came from mining interests, according to the Center for Responsive Politics. Rep. McKinley’s current effort to stop the regulation of this potent waste, H.R. 1391, would “amend the Solid Waste Disposal Act to exempt fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels from regulation as hazardous waste under such Act.” H.R. 1391 was scheduled to be marked up in the Environment and Economy subcommittee of Energy and Commerce this morning. The markup had to be rescheduled for next Tuesday, June 21 at 4 p.m. due to a drafting error. The bill, as written, couldn’t have been much worse and it’s doubtful there will be any improvements as they fix the drafting error. Rep. McKinley and the bill supporters will continue to put public health at risk. Further, they will undermine the public coal ash rulemaking currently underway that generated a record-breaking 450,000 comments. This is a tragic example of how some elected officials bow to dirty polluters rather than heeding the concerns of their constituents. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp -- Jim Sconyers jimscon(a)gmail.com 304.698.9628

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Fw. Clarksburg (WV) Considers Selling Effluent Water for Fracking
by Frank Young 17 Jun '11

17 Jun '11

Well, if you can sell it to someone else instead of discharging it into a stream, maybe you can avoid having to meet effluent NPDES permit limits! ----- Original Message ----- From: Denise Binion To: WVEC Board Sent: Thursday, June 16, 2011 4:42 PM Subject: [wvec-board] Clarksburg Considers Selling Effluent Water for Fracking The City is obviously unaware of WHY the water should be put back into the West Fork River. http://www.wboy.com/story.cfm?func=viewstory&storyid=101571 __._,_.___ 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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Bizarre, awesome, fascinating, and beyond belief!!!
by Jim Sconyers 16 Jun '11

16 Jun '11

---------- Forwarded message ---------- From: david sconyers <dsconyers(a)yahoo.com> Date: Thu, Jun 16, 2011 at 11:02 AM Subject: Toward A Green Future To: DV <donnaventriss(a)yahoo.com>, Jim <jimscon(a)gmail.com>, Armygrunt69(a)aol.com, barneyusmc6669(a)hotmail.com, bromley <bromhood(a)gmail.com>, brownk(a)southflorida.edu, steve burke <oldindianrider(a)aol.com>, Brent Davis < marine6(a)roadrunner.com>, days(a)americanfast.com, jerry dejonge < dejongej(a)southflorida.edu>, dennisinor(a)aol.com, Fpwingfield(a)aol.com, FUSMCRVN(a)verizon.net, GeneMarine(a)aol.com, Frank Gill <frgill(a)sbcglobal.net>, Frank and Jody Gill <frankgill(a)comcast.net>, clay gooch < clay_gooch(a)hotmail.com>, guentherd1(a)aol.com, Mark <MSconyers(a)olc152.com>, mcleodm(a)southflorida.edu, sandy/joe molineaux <sjmolino823(a)cox.net>, richard morey <moreyr(a)southflorida.edu>, lou piantadosi <LouPiant(a)aol.com>, pwingfld(a)comcast.net, ray.morris(a)comcast.net, Jim Sconyers < jim_scon(a)yahoo.com>, sgt_major(a)earthlink.net, ToMaui21(a)comcast.net, Jan Harrod <jsharrod(a)cox.net>, Jennifer Lawton <jennifer.lawton(a)gmail.com>, Mike <msconyers(a)sbcglobal.net>, Sarah <srstolfa(a)gmail.com>, Jeff Sconyers < jeff.sconyers(a)seattlechildrens.org>, Curtis Ventriss <clventriss(a)msn.com>, RA Ventriss <rventriss(a)aol.com>, Lisa Ventriss <lisa(a)vtroundtable.org>, Beverly Ventriss <bventris(a)pacbell.net> Or maybe too much time on his hands?? You decide. http://www.youtube.com/watch_popup?v=HSKyHmjyrkA&feature=email "If people are good only because they fear punishment, and hope for reward, then we are a sorry lot indeed." (Albert Einstein) "True terror is to wake up one morning and discover that your high school class is running the country" (Kurt Vonnegut) "What better way for a ruling class to claim and hold power than to pose as the defenders of the nation." (Christopher Hitchens)

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Fwd: Re: [wvec-board] Marcellus Special Session
by James Kotcon 16 Jun '11

16 Jun '11

>>> Julie Archer <julie(a)wvcag.org> 6/16/2011 10:07 AM >>> FYI... Don Strimbeck's Daily Update included this article from the Dominion Post... *Marcellus committee OK'd * /Bicameral group to study drilling rules, regulation / */BY DAVID BEARD The Dominion Post /* CHARLESTON --- Marcellus regulation took a major step forward Wednesday afternoon, and if you had sneezed, you would have missed it. In the opening moments of the Joint Committee on Government and Finance meeting --- after the gaveling and the order for a silent roll --- acting Senate President Jeff Kessler moved to authorize a select committee to study Marcellus regulation. The motion passed without fanfare or discussion, and the panel --- the two chamber leaders, and political party and major committee heads --- moved on with its regular business. It took little more than 15 seconds. The audience was still settling down and the motion was hard to hear. But that little blip opens the door to a special session to pass Marcellus regulations. Kessler, Speaker Rick Thompson and acting Gov. Earl Ray Tomblin met Wednesday morning and agreed to create the committee. It will consist of five members each from the House and Senate. Thompson and Kessler said they hadn't yet appointed members. But they're confident the two chambers can reach an agreement --- each had passed a bill during the regular 2011 session but couldn't reach a compromise --- and bring it to Tomblin so he can call a special session. No one knows for sure when that will be. If there's an agreement in time, Kessler speculated, perhaps August --- the time also considered for a redistricting special session. Thompson said, "I think it would be very good if we could finish it this summer." He said a special session --- without the distractions of nearly 1,900 other bills --- is the best way to take it up. The failed mega-bills, in their various incarnations, took on environmental issues, surface owner rights, inspectors, permits and fees, fracking fluid, water withdrawals and discharges, forced pooling, road maintenance and more. Since then, following the permitting of two wells in the Morgantown Industrial Park, other issues have arisen --- including well locations near water supplies and the rights of cities to ban drilling and fracking. Thompson and Kessler said the select committee --- working with the Department of Environmental Protection (DEP), the governor's office and various stakeholders --- has no limits on its discussions. Kessler used the term "pretty broad" while Thompson chose "wide open." "It's crucial to have a regulatory framework that protects the environment," provides regulatory certainty for the business community and protects surface and mineral owner rights, he said. While Tomblin previously said the DEP is already equipped to regulate the industry by making rules, DEP Secretary Randy Huffman said the agency is not, in fact, prepared to handle it. And Kessler opposes the idea on principle. "We can't just wait on bureaucratic administrative agencies to set the policy. That has to be done by the Legislature," he said. Thompson doesn't expect major progress by the July interims --- July 11-13 --- but that the committee and other parties could coordinate and "get some movement" during the interims. Asked about the governor's goals for the committee, Tomblin spokeswoman Jacqueline Proctor said he prefers to leave it in the hands of the committee, although he's happy to work with members as they see fit. The timeline to ready a bill or bills and bring them to him for a special session call is also up to the committee, she said. She speculated unofficially that August may be a little soon to get it all together. Asked if letters and resolutions from the public and public bodies --- including Morgantown, Monongalia County and the WVU Faculty Senate --- and proposed drilling bans helped spark Wednesday's actions, Proctor said Tomblin has had the discussion on his agenda for a while. But he's paying attention to what's going on, she said. "He's keeping everything on his radar as much as possible." Julie Archer WV Citizen Action Group 1500 Dixie Street Charleston, WV 25311 (304) 346-5891 (304) 346-8981 FAX www.wvcag.org On 6/15/2011 9:55 PM, dsgjr(a)aol.com wrote: > > After lobbying hard for a special session on Marcellus regulation for > two days, and hearing only very negative replies that it wasn't going > to happen, there was a sudden turn of events on Wednesday. > Wednesday afternoon, before they left town, the Joint Committee on > Government and Finance voted to form a Select Committee to prepare for > a special session on Marcellus drilling regulation. The committee > will consist of five Senate members and five House members, who will > be appointed by the Speaker and the acting Senate President. > Julie Archer and I were attending another Interim Committee meeting > when this occurred, so we don't have any more details at this time. > I will do some nosing around on Thursday to see if I can learn more. > Don Garvin > WVEC Legislative Coordinator > >

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Google makes Business Case for Wind
by William V. DePaulo, Esq. 16 Jun '11

16 Jun '11

Google makes Business Case for Wind Bill Opalka <http://www.energybiz.com/author/bill-opalka> | Jun 16, 2011 [image: Share/Save]<http://www.addtoany.com/share_save#url=http%3A%2F%2Fwww.energybiz.com%2Fart…> <http://www.energybiz.com/article/11/06/google-makes-business-case-wind?utm_…> Renewable energy developers agree: The lack of clear, long-term signals from policymakers stalls investments in the clean energy space. As the new kid on the block, and not an energy company, Google is plowing ahead. While Congress seems absent on energy policy this year – except for the predictable hearings on high gasoline prices – clean energy companies are looking for a signal that investments will pay off once various credits and subsidies expire at the end of this year and next. The message came through at a press conference at the American Wind Energy Association <http://www.awea.org/> conference in Anaheim. But along with the policy imperative, Google said there’s a business case<http://www.google.com/green/>to be made. “We believe in a clean energy future so we’re trying to do what we can to help enable that, but we also believe very strongly that all the things we are doing make good business sense,” said Rick Needham, director of green business operations and strategy at Google. The company has invested $400 million in large scale renewable energy<http://www.renewablesbiz.com/article/10/05/google-buys>projects. “Also, these investments provide strong financial returns, and are a way to diversify our cash holdings with good returns given those risks,” Needham added. [image: IBM Webcast]<http://ads.energycentral.com/a.aspx?Task=Click&ZoneID=838&CampaignID=8318&A…> <http://ads.energycentral.com/a.aspx?ZoneID=838&Task=Click&Mode=HTML&SiteID=…> And as a large energy consumer, Google has procured two 20-year long-term power purchase agreements for 250 megawatts of wind providing clean energy for its data centers. But that only goes so far, as uncertain policy and recent history illustrate. Ned Hall, AES executive vice president and AES Wind Generation<http://www.aes.com/aes/index?page=wind>president, said: “We have a lot of examples in our industry as to what hasn’t worked out well for us. In the late 90s we built 35,0000 megawatts of natural gas generation in our rush to excitement to what was viewed as a disruptive technology. That drove natural gas prices to $13. And that ended badly for a lot of businesses.” The current mania over shale gas and the lack of a commitment to clean energy affects markets now. Hall is the incoming chairman of AWEA, so he’s clearly in the space for the long haul, too. But he’s seen this movie before, too. “The disruptive nature of shale gas has changed the map again and there’s a rush back to gas. If we’re always chasing what we view as the current least-cost opportunity, we won’t get the diversity that I think we would benefit from,” Hall said. He spoke approvingly of the market signals for renewables outside of the U.S.: “AES does business in 28 countries. Most of our time and effort on wind development is focused outside the U.S. because we don’t see what exists today as a motivator to come and put in the time and effort.” Does Google want to lead by example? “We would welcome and encourage other companies that may not be investing or offtaking (procuring) to do something that makes business sense for them to drive the industry forward,” Needham said. The uncertain regulatory environment is taking its toll. But some of that pain is being eased by the likes of Google and AES. Bill Opalka is editor of RenewablesBiz Daily -- 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

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Fwd: DEP Public Notice - 2012 Proposed Air Rules Hearing Set
by Jonathan Rosenbaum 14 Jun '11

14 Jun '11

At the Skyview meeting in Morgantown, Bill Hughs of WCAG said that attempts to have air emissions from aggregated sources from drilling sites properly monitored under WVDEP's rules have repeatedly failed. In fact, their lawyers blocked any such requests. WVDEP's rules need to be changed. An opportunity to request changes is coming up as shown below. -Jonathan -------- Original Message -------- Subject: DEP Public Notice - 2012 Proposed Air Rules AvailaHearing Set Date: Mon, 13 Jun 2011 16:49:39 -0400 From: <dep.online(a)wv.gov> To: <freesource(a)cheat.org> The following was sent to you because you are a Member of the DEP Public Notice mailing list. =========================================================== Monday, June 13, 2011 @ 4:49 PM =========================================================== 2012 Proposed Air Rules Hearing Set and Rules Available on DEP Website for Review The West Virginia Division of Air Quality has scheduled a public hearing on July 11, 2011 for its 2012 proposed legislative rules, which will take place at the Division of Environmental Protection’s Charleston headquarters, 601 57th Street S.E., Charleston, WV 25304. Oral and written comments will be limited to the proposed revisions and will be made a part of the rulemaking record. Copies of the rules are available from the Secretary of State’s office or from the DEP at http://www.dep.wv.gov/pio/Pages/Rules.aspx. You may also obtain hard copies of the information by calling the phone number listed below. Written comments may be submitted to the Public Information Office at the above address. Comments may also be e-mailed to dep.comments(a)wv.gov. The hearing dates, locations and comment deadlines are as follows: Division of Air Quality 45CSR8 – Ambient Air Quality Standards 45CSR14 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration 45CSR16 – Standards of Performance for New Stationary Sources 45CSR18 - Control of Air Pollution from Combustion of Solid Waste 45CSR19 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment 45CSR25 – Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities 45CSR30 – Requirements for Operating Permits 45CSR34 – Emission Standards for Hazardous Air Pollutants 45CSR35 – Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality Implementation Plans (General Conformity) 45CSR42 – Greenhouse Gas Emissions Inventory Program The public hearing for all air quality rules will take place beginning at 6 p.m. on July 11, 2011 in the Dolly Sods Conference Room. The comment period will begin on June 10, 2011 and end at the conclusion of the public hearing on July 11, 2011. Upon authorization and promulgation of revisions to 45CSR8, 45CSR14, 45CSR19 and 45CSR35, the DAQ will submit the rules to the U.S. Environmental Protection Agency as revisions to the State Implementation Plan pursuant to the federal Clean Air Act. Upon authorization and promulgation of revisions to 45CSR18, the DAQ will submit the final rule to the U.S. EPA for approval as a part of West Virginia’s Section 111(d)/129 Plan and program delegation of the federal New Source Performance Standards. Rules 45CSR16, 45CSR25 and 45CSR34 will be submitted to EPA to fulfill other federal obligations under the Clean Air Act, including delegations, plans and program approvals. Upon authorization and promulgation of 45CSR30, the rule will be submitted to the U.S. Environmental Protection Agency as a revision to the State’s Operating Permit Program under Title V of the federal Clean Air Act. Rule 45CSR42 is proposed to be repealed. For more information on any of the DAQ rules call 304-926-0475. =========================================================== To view past notices of open public comment periods or to unsubscribe from this Mailing List, login at: http://apps.dep.wv.gov//MLists2/

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Robert Bryce: America Needs the Shale Revolution - The Wall Street Journal.
by William DePaulo 13 Jun '11

13 Jun '11

I thought you would be interested in the following story on WSJ.com. Robert Bryce: America Needs the Shale Revolution http://online.wsj.com/article/SB10001424052702304432304576369140191493636.h… The Wall Street Journal Mobile Reader for iPhoneTM delivers the latest global news, financial events, market insights and information to keep you ahead of the curve. Get the information you depend on plus entertainment, culture, and sports coverage when, where, and how you want it from the most credible source for news and information. Click below to download the WSJ Mobile Reader for free from the iTunes App Store. http://www.wsj.com/iphoneinstall William V DePaulo, Esq 179 Summers Street #232 Charleston WV 25301-2163 Tel 304-342-5588 Fax 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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AEP plant closings.
by James Kotcon 13 Jun '11

13 Jun '11

I expect such statements from the likes of Manchin and McKinley, but here is the quote that troubles me. "Kessler said he would like to see the EPA guidelines changed so that plants like Kammer would be able to remain viable producers of electricity, adding he will work to make that change happen." JBK Both Anger And Optimism Voiced On Fate of Plant June 10, 2011 By J.W. JOHNSON JR. Staff Writer , The Intelligencer / Wheeling News-Register Congressman David McKinley said Thursday that the more than 240 West Virginia workers affected by the closure of five American Electric Power plants deserve an explanation, not from AEP, but from the federal Environmental Protection Agency and, ideally, the president. "President (Barack) Obama and EPA Administrator Lisa Jackson should come to West Virginia and see first-hand the faces of the folks that no longer have jobs because of their extreme regulatory policies," he said. McKinley, R-W.Va., is one of many local and state representatives who voiced anger at Thursday's announcement that AEP's Kammer Plant could be closed by 2014 as a result of proposed EPA regulations. Representatives from AEP said the plant would close under the company's new compliance plan, which was introduced Thursday. The plan would close five plants in West Virginia and one in Ohio in an effort to become compliant with the proposed regulations. The move would affect 60 employees at the Kammer Plant and 242 statewide. McKinley said that decision is the best example of why unemployment numbers are so high across the country, and he hoped Obama would accept his invitation. "Just this week the president said he is concerned that we are not producing jobs as quickly as he would like it to happen," McKinley said. "The men and women who lost their jobs at American Energy Power know exactly why we continue to hemorrhage jobs, and that is an ideologically driven agenda that is out of touch with working men and women and businesses large and small." Sen. Joe Manchin, D-W.Va., said he would make himself available to the AEP employees affected by the closures and that proposed EPA regulations are an example of government run amok. "It's decisions like the one made by AEP that demonstrate the urgent need to rein in government agencies like the EPA, preventing them from overstepping their bounds and imposing regulations that not only cost us good American jobs, but hurt our economy," he said. "Onerous regulations issued by the EPA are the reason that 242 West Virginians will lose their jobs, and that's simply wrong." Congresswoman Shelley Moore Capito, R-W.Va., echoed Manchin's statement, adding that in this instance, the EPA did not properly analyze the situation to understand the loss of jobs and increase in cost to consumers. "This is a perfect example of the EPA implementing rules and regulations without considering the devastating impact they may have on local economies and jobs," she said, adding she will be drafting a letter to Jackson to see documentation that economic impact was taken into account when creating the new regulations. Representatives from Marshall County said they were notified of the planned closure Thursday morning by AEP representatives, though many of them chose to remain optimistic about the news. Delegate Mike Ferro said the news was "devastating," especially after recent talk of bringing an ethane cracking plant to the county had officials expecting an economic boost. "Now all of sudden you kind of get kicked a bit," he said, adding he hoped those involved would have "a change of heart." State Sen. Jeff Kessler said although AEP has said a number of the 60 employees would be reaching retirement age in the coming years and that the company would attempt to find new positions for the remaining employees, he is not interested in job creation by attrition. "I am more concerned about long-term growth and maintaining a vibrant work force in Marshall County," he said. "We have to see if we can pick up the slack." Kessler said he would like to see the EPA guidelines changed so that plants like Kammer would be able to remain viable producers of electricity, adding he will work to make that change happen. County Commissioner Jason "Jake" Padlow said he was glad AEP gave employees such advance notice - nearly three years - and that he hoped that was enough time for the county to show that it deserves to keep the plant. "Hopefully with what is going on in Marshall County with the increase in business and industry, we can convince them to change their plans," he said.

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email changing
by Jim Sconyers 13 Jun '11

13 Jun '11

I am slowly switching over to gmail from Yahoo. I intend to use gmail only starting July 1, 2011. Please change my email address to jimscon(a)gmail.com Thanks Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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NYTimes.com: Prices Fall for Some Gas-Rich Shale Land
by william.depaulo＠gmail.com 12 Jun '11

12 Jun '11

This page was sent to you by: william.depaulo(a)gmail.com. BUSINESS DAY | June 10, 2011 Reuters Breakingviews: Prices Fall for Some Gas-Rich Shale Land By CHRISTOPHER SWANN and REYNOLDS HOLDING The Marcellus shale has offered some of the hottest wildcat real estate in recent years, but if Exxon Mobil's recent $1.7 billion acquisition is any indication, the days of eye-watering prices are over. http://www.nytimes.com/2011/06/10/business/10views.html?emc=eta1 ---------------------------------------------------------- ABOUT THIS E-MAIL This e-mail was sent to you by a friend through NYTimes.com's E-mail This Article service. For general information about NYTimes.com, write to help(a)nytimes.com. NYTimes.com 620 Eighth Avenue New York, NY 10018 Copyright 2011 The New York Times Company

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Re: [EC] [WVHCBOARD] The cost of wind and solar energy
by Frank Young 10 Jun '11

10 Jun '11

Two excerpts from the article: "The math is simple: to have 8,500 megawatts of solar capacity, California would need at least 23 projects the size of Ivanpah, covering about 129 square miles, an area more than five times as large as Manhattan." "The Roscoe wind farm in Texas, which has a capacity of 781.5 megawatts, covers about 154 square miles. Again, the math is straightforward: to have 8,500 megawatts of wind generation capacity, California would likely need to set aside an area equivalent to more than 70 Manhattans. Apart from the impact on the environment itself, few if any people could live on the land because of the noise (and the infrasound, which is inaudible to most humans but potentially harmful) produced by the turbines." (emphasis added- F.Y.) ----------------------------------------- Frank's commentary- If we are going to mathematically render uninhabitable all lands on which "inaudible" but harmful effects emanate from power generating facilities, we would include all areas downwind of coal fired generating facilities that generate particulate matter- because such particulates are demonstrably responsible for thousands of premature human deaths. See the related map and narrative data here: http://www.catf.us/coal/problems/power_plants/existing/ "In 2000 and again in 2004, Abt Associates issued a study commissioned by the Clean Air Task Force quantifying the deaths and other health affects attributable to the fine particle pollution from power plants. In this newly updated study, CATF examines the progress towards cleaning up one of the nation's leading sources of pollution. The report finds that over 13,000 deaths each year are attributable to fine particle pollution from U.S. power plants." "Simple" and "straightforward" math- indeed! Frank ----- Original Message ----- From: "Hugh Rogers" <hugh.rogers(a)gmail.com> To: "WVHCBOARD" <WVHCBOARD(a)yahoogroups.com> Sent: Wednesday, June 08, 2011 9:00 AM Subject: [WVHCBOARD] The cost of wind and solar energy Robert Bryce ("Power Hungry" author) is back w/ some figures on "energy sprawl." Once again, he's good at debunking the notion that wind and solar are "free"--but five words from the end of the piece he gets to his pet alternatives, natural gas and nuclear power. Op-Ed Contributor The Gas Is Greener: The Cost of Renewable Energy Sources By ROBERT BRYCE Published: June 7, 2011 http://www.nytimes.com/2011/06/08/opinion/08bryce.html IN April, Gov. Jerry Brown made headlines by signing into law an ambitious mandate that requires California to obtain one-third of its electricity from renewable energy sources like sunlight and wind by 2020. Twenty-nine states and the District of Columbia now have renewable electricity mandates. President Obama and several members of Congress have supported one at the federal level. Polls routinely show strong support among voters for renewable energy projects — as long as they don’t cost too much. But there’s the rub: while energy sources like sunlight and wind are free and naturally replenished, converting them into large quantities of electricity requires vast amounts of natural resources — most notably, land. Even a cursory look at these costs exposes the deep contradictions in the renewable energy movement. Consider California’s new mandate. The state’s peak electricity demand is about 52,000 megawatts. Meeting the one-third target will require (if you oversimplify a bit) about 17,000 megawatts of renewable energy capacity. Let’s assume that California will get half of that capacity from solar and half from wind. Most of its large-scale solar electricity production will presumably come from projects like the $2 billion Ivanpah solar plant, which is now under construction in the Mojave Desert in southern California. When completed, Ivanpah, which aims to provide 370 megawatts of solar generation capacity, will cover 3,600 acres — about five and a half square miles. The math is simple: to have 8,500 megawatts of solar capacity, California would need at least 23 projects the size of Ivanpah, covering about 129 square miles, an area more than five times as large as Manhattan. While there’s plenty of land in the Mojave, projects as big as Ivanpah raise environmental concerns. In April, the federal Bureau of Land Management ordered a halt to construction on part of the facility out of concern for the desert tortoise, which is protected under the Endangered Species Act. Wind energy projects require even more land. The Roscoe wind farm in Texas, which has a capacity of 781.5 megawatts, covers about 154 square miles. Again, the math is straightforward: to have 8,500 megawatts of wind generation capacity, California would likely need to set aside an area equivalent to more than 70 Manhattans. Apart from the impact on the environment itself, few if any people could live on the land because of the noise (and the infrasound, which is inaudible to most humans but potentially harmful) produced by the turbines. Industrial solar and wind projects also require long swaths of land for power lines. Last year, despite opposition from environmental groups, San Diego Gas & Electric started construction on the 117-mile Sunrise Powerlink, which will carry electricity from solar, wind and geothermal projects located in Imperial County, Calif., to customers in and around San Diego. In January, environmental groups filed a federal lawsuit to prevent the $1.9 billion line from cutting through a nearby national forest. Not all environmentalists ignore renewable energy’s land requirements. The Nature Conservancy has coined the term “energy sprawl” to describe it. Unfortunately, energy sprawl is only one of the ways that renewable energy makes heavy demands on natural resources. Consider the massive quantities of steel required for wind projects. The production and transportation of steel are both expensive and energy-intensive, and installing a single wind turbine requires about 200 tons of it. Many turbines have capacities of 3 or 4 megawatts, so you can assume that each megawatt of wind capacity requires roughly 50 tons of steel. By contrast, a typical natural gas turbine can produce nearly 43 megawatts while weighing only 9 tons. Thus, each megawatt of capacity requires less than a quarter of a ton of steel. Obviously these are ballpark figures, but however you crunch the numbers, the takeaway is the same: the amount of steel needed to generate a given amount of electricity from a wind turbine is greater by several orders of magnitude. Such profligate use of resources is the antithesis of the environmental ideal. Nearly four decades ago, the economist E. F. Schumacher distilled the essence of environmental protection down to three words: “Small is beautiful.” In the rush to do something — anything — to deal with the intractable problem of greenhouse gas emissions, environmental groups and policy makers have determined that renewable energy is the answer. But in doing so they’ve tossed Schumacher’s dictum into the ditch. All energy and power systems exact a toll. If we are to take Schumacher’s phrase to heart while also reducing the rate of growth of greenhouse gas emissions, we must exploit the low-carbon energy sources — natural gas and, yes, nuclear — that have smaller footprints. Robert Bryce, a senior fellow at the Manhattan Institute, is the author, most recently, of “Power Hungry: The Myths of ‘Green’ Energy and the Real Fuels of the Future.” ------------------------------------ Working since 1967 for the conservation and wise management of West Virginia's natural resourcesYahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/WVHCBOARD/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/WVHCBOARD/join (Yahoo! ID required) <*> To change settings via email: WVHCBOARD-digest(a)yahoogroups.com WVHCBOARD-fullfeatured(a)yahoogroups.com <*> To unsubscribe from this group, send an email to: WVHCBOARD-unsubscribe(a)yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/

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Fw: Re: renewable energy output
by Jim Sconyers 09 Jun '11

09 Jun '11

Sweet news! Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Jane W. <japlapoo(a)NETZERO.NET> To: CONS-SPST-GLOBALWARM-CHAIRS(a)LISTS.SIERRACLUB.ORG Sent: Thu, June 9, 2011 5:37:40 PM Subject: Fw: Re: renewable energy output Just passing along... ---------- Forwarded Message ---------- From: Buffalo Bruce <buffalobruce1(a)GMAIL.COM> To: NE-FORUM(a)LISTS.SIERRACLUB.ORG Subject: Re: renewable energy output Date: Thu, 9 Jun 2011 11:39:42 -0700 For those of you who may not have heard yet, Renewable Energy production now exceeds that of Nuclear Power in the U.S. U.S. Renewable Energy Now 11.6% of Domestic Energy Production, Exceeding Nuclear Power: U.S. Energy Information Administration, May 26, 2011 http://www.eia.gov/totalenergy/data/monthly/index.cfm In its latest "Monthly Energy Review," the EIA reports that for the first two months of 2011, renewable energy sources (i.e., biomass/biofuels, geothermal, solar, water, wind) accounted for 11.6% of domestic energy production - compared to 10.7% for the same period in 2010. Moreover, the combined energy output from all renewable energy sources exceeded that of nuclear power. The latter actually declined by 0.2% from 2010. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the NE-FORUM list, send any message to: NE-FORUM-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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Fwd: WV-SORO Action Alert: Energy Panel Needs to Hear from You
by Jonathan Rosenbaum 09 Jun '11

09 Jun '11

-------- Original Message -------- Subject: WV-SORO Action Alert: Energy Panel Needs to Hear from You Date: Thu, 09 Jun 2011 17:05:27 -0400 From: Julie Archer <julie(a)wvsoro.org> Organization: WV-SORO To: undisclosed-recipients:; /An action alert from our friends at the Oil and Gas Accountability Project <http://www.earthworksaction.org/oil_and_gas.cfm>: / *U.S. Department of Energy to hear from citizens of the Marcellus Shale ~ Share your knowledge and tell your story! * *Monday, June 13, 2011 7:00pm -- 9:00 pm (sign up to speak begins at 6:30 pm) Washington Jefferson College 60 South Lincoln Street, Washington PA* In May, U.S. Secretary of Energy Steven Chu announced the establishment of the Energy Advisory Board Natural Gas Subcommittee on Fracking Issues to make recommendations on improving the "safety and environmental performance" of hydraulic fracturing in shale formations. It's very positive that this critical issue is being investigated at the federal level. But many organizations and citizens loudly voiced concern that many of the Subcommittee's members are closely tied to the oil and gas industry, that no one directly impacted by shale gas development was included, and that meetings were only being held in Washington, DC, far from the areas already damaged by drilling. Thanks to this outcry, the Subcommittee just announced it will hold a meeting in Washington, PA, next week. / _Members need to hear from people whose water, property, and health have been impacted by gas drilling, and they need to be told why current industry practices and regulations are not nearly enough to protect our communities._/ */This meeting is open to the public but space is limited and comments will be limited to two minutes. Those wishing to speak should arrive early to sign up. /* *If you can't make it there in person or have more information to share, you can submit a written statement and other documentation to:* Renee Stone U.S. Department of Energy 1000 Independence Avenue, SW Washington D.C. 20585 or by email to: shalegas(a)hq.doe.gov. *For more information see:* /New York Times/ article: Energy Dept. Panel to Revise Standards for Gas Extraction, http://www.nytimes.com/2011/05/07/science/earth/07frack.html?_r=2&hpw Natural Gas Subcommittee on Fracking Issues website: www.shalegas.energy.gov OGAP Press release on the make-up of the Subcommittee: http://earthworksaction.org/PR_DOE-fracking-panel.cfm -- Julie Archer WV Surface Owners' Rights Organization 1500 Dixie Street Charleston, WV 25311 (304) 346-5891 (304) 346-8981 FAX www.wvsoro.org

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Fwd: "Stop the Fracking in Morgantown Industrial Park" sent you a message on Facebook...
by James Kotcon 09 Jun '11

09 Jun '11

Check out the attached to see a summary of what is happening in Morgantown. JBK

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Fw: EPA Webinar June 15 - Guidance Development on Permitting the Use of Diesel Fuels in Hydraulic Fracturing
by Jim Sconyers 07 Jun '11

07 Jun '11

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "fracturing_hydraulic(a)epamail.epa.gov" <fracturing_hydraulic(a)epamail.epa.gov> Sent: Mon, June 6, 2011 3:08:17 PM Subject: EPA Webinar June 15 - Guidance Development on Permitting the Use of Diesel Fuels in Hydraulic Fracturing You are receiving this information because you opted to be informed of activities related to hydraulic fracturing when registering for hearings on EPA's draft study plan in summer and fall 2010. EPA is hosting a public informational webinar on June 15, 2011, from 2:00 - 5:00 pm Eastern Daylight Time, to discuss and to solicit input on a guidance the Agency is developing to assist the Underground Injection Control Program in issuing permits for the use of diesel fuels in oil and gas hydraulic fracturing. The webinar is open to the public, and all interested stakeholders are invited to attend. Stakeholders interested in attending the webinar are invited to pre-register at this website, https://www2.gotomeeting.com/register/854776506, at least three (3) days in advance. Pre-registering for the meeting will allow EPA to improve meeting planning. The webinar will begin with a presentation by the EPA Office of Ground Water and Drinking Water on the Underground Injection Control program and possible approaches the Agency may recommend in a guidance for permitting the use of diesel fuels in hydraulic fracturing activities related to oil and natural gas extraction. EPA will answer questions and take comments submitted by webinar attendees for the remainder of the webinar. Persons who are successfully registered for the webinar via the website, https://www2.gotomeeting.com/register/854776506, may (1) submit questions and comments to EPA during the online registration process and during the webinar, or (2) submit written comments to hydraulic.fracturing(a)epa.gov by June 29, 2011. Due to time limits, EPA may not be able to answer every question submitted during the registration process and during the webinar. Persons wishing to contribute written comments to EPA regarding the development of permitting guidance for oil and gas hydraulic fracturing activities using diesel fuels may also send written comments to hydraulic.fracturing(a)epa.gov with the words "Diesel Fuels Guidance Comments" in the subject line by June 29, 2011. EPA will not provide individual responses to written comments received by email. For more information and registration link, please see http://www.epa.gov/hydraulicfracturing. ______________________________________________________________________________________ Please respond to hydraulic.fracturing(a)epa.gov. For more information on the EPA activities related to hydraulic fracturing, please see http://epa.gov/hydraulicfracturing. To report non-emergency suspicious activity related to oil and gas activity, please call the EPA Eyes on Drilling toll-free tipline at 1-877-919-4EPA or send email to eyesondrilling(a)epa.gov.

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Marcellus Fw: Perfectly safe
by Jim Sconyers 07 Jun '11

07 Jun '11

A perfect example of what can go so wrong. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Don Sauter <dtsauter(a)frontiernet.net> To: Susan Sauter <stsauter(a)frontiernet.net>; Sandra Fallon <sfallon3(a)comcast.net>; Rick Sanders <Ridewva(a)aol.com>; Jim Sconyers <jim_scon(a)yahoo.com> Sent: Mon, June 6, 2011 9:43:02 PM Subject: Perfectly safe http://www.post-gazette.com/pg/11156/1151527-503.stm

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Fw: Maryland Moratorium
by Jim Sconyers 07 Jun '11

07 Jun '11

Awesome news. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Don Sauter <dtsauter(a)frontiernet.net> To: Susan Sauter <stsauter(a)frontiernet.net> Cc: Jim Sconyers <jim_scon(a)yahoo.com>; Sandra Fallon <sfallon3(a)comcast.net>; John (wnpb) Nakashima <jnakashima(a)wvpubcast.org>; Nadine Grabania <greenacres(a)deepcreekcellars.com>; Kay & Bill Miller <kaybill(a)frontiernet.net>; Janine Breyel <jbreyel(a)gmail.com>; Kathy Evans <EvansKnob(a)aol.com>; larj <larj(a)frontiernet.net>; Rick Sanders <Ridewva(a)aol.com>; TV <HopZo(a)verizon.net> Sent: Mon, June 6, 2011 9:39:49 PM Subject: Maryland Moratorium Today the Governor of Maryland signed an executive order placing a moratorium on all Marcellus Shale drilling. It is very strict and requires (among other things) the industry to establish a plan of how they will pay for any damage created by the process. Hopefully the papers will have the full story tomorrow. Maryland's governor only has one first name. Don

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Permit Party June 21 - learning opportunity.
by James Kotcon 07 Jun '11

07 Jun '11

Many facilities need various environmental permits to operate, and these almost always must go through a "public comment" process. But how do you develop useful comments that will actually improve environmental protection? Join us as we review the Coresco fly ash permit and develop comments for the WV Chapter of Sierra Club. See the various parts of the permit, learn to decipher the jargon, identify gaps, and spot weaknesses. Good comments provide the basis for all future appeals and activity, and we need more people able to help draft these comments. You can be the critical link in the environmental protection process. (Desserts welcome). Tuesday, June 21. 6:30 PM home of Jim Kotcon & Candice Elliott 414 Tyrone Avery Road Morgantown, WV 26506 Directions: >From I-68 Exit 7, go North 1.0 mile on Rt 857. Turn Right onto Tyrone Avery Road and go 1.0 mile. Look for 4 mailboxes on the right, ours is the second from the end. Turn right up the gravel driveway and come to the second house on the right tan 2-story. Call 304-594-3322 for directions. Jim Kotcon

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NYTimes.com: U.K. Company Suspends Controversial Drilling Procedure
by william.depaulo＠gmail.com 04 Jun '11

04 Jun '11

This page was sent to you by: william.depaulo(a)gmail.com. BUSINESS DAY | June 02, 2011 U.K. Company Suspends Controversial Drilling Procedure By DAVID JOLLY Cuadrilla acted after two small earthquakes occurred near a test well in Lancashire, England, where the company was using fracking to explore for natural gas. http://www.nytimes.com/2011/06/02/business/global/02fracking.html?emc=eta1 ---------------------------------------------------------- ABOUT THIS E-MAIL This e-mail was sent to you by a friend through NYTimes.com's E-mail This Article service. For general information about NYTimes.com, write to help(a)nytimes.com. NYTimes.com 620 Eighth Avenue New York, NY 10018 Copyright 2011 The New York Times Company

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Fwd: Rapid Response LTEs, RSVP for Health Effects call
by Paul Wilson 03 Jun '11

03 Jun '11

fyi, paul ---------- Forwarded message ---------- From: Sierra Club Activist Network <community.manager(a)sierraclub.org> Date: Fri, Jun 3, 2011 at 11:37 AM Subject: Rapid Response LTEs, RSVP for Health Effects call To: pjgrunt(a)gmail.com Paul, you have a group bulletin from *Hydrofracking Team<http://connect.sierraclub.org/Team/Hydrofracking_Team> *. *Visit Hydrofracking Team.<http://connect.sierraclub.org/Team/Hydrofracking_Team> * Message: When news stories on fracking appear, but you can't find the right words to respond, it can help to have a template to start from. When you want to write your representative about a bill, it helps to have a template outlining some key points. The Rapid Response Project<http://connect.sierraclub.org/project/Hydrofracking_Rapid_Response>'s *collaboration space* is a place to find templates and to add your own for others to use. It also has a *blog* to post articles that need attention, forwarding, praise, or critical response. Join the Rapid Response Project<http://connect.sierraclub.org/project/Hydrofracking_Rapid_Response> to be a first responder, and help keep fracking front and center in the news, on the web, and on the desks of our representatives. Thank you! ------------------------------ *Visit Hydrofracking Team.<http://connect.sierraclub.org/Team/Hydrofracking_Team> * ------------------------------ Reply? Or other thoughts? If you have questions about the bulletin CONTENT, please visit the group's page and leave a comment<http://connect.sierraclub.org/Team/Hydrofracking_Team>, or contact the group owner. *Technical Issues?* Please reply to this message (or email community.manager(a)sierraclub.org) if you have questions or problems with the bulletin itself. If you want to stop getting email, you can either leave (unjoin) or set your email preferences<http://connect.sierraclub.org/editor/app/group/managegroupmembership.aspx?O…> . -- 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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nonpartisan independent research: Headwaters Economics
by Paul Wilson 03 Jun '11

03 Jun '11

This site looks like it might be of value on energy issues. check out the home page article on Fossil Fuel Extraction and Western Economies. fyi, paul http://headwaterseconomics.org/ -- 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: [MVCAC] Community Environmental Legal Defense Fund (CELDF)
by James Kotcon 03 Jun '11

03 Jun '11

You're gonna love this. I especially like the line that says corporations in violation of the prohibition shall not have legal status as "persons". Unfortunately, the US Constitution and the US Supreme Court still trump a City Ordinance, but it would give the lawyers something to do. See attachment. JBK >>> <Duane330(a)aol.com> 6/2/2011 11:53 PM >>> The Concerned Citizens for Safe Air and Water were formed by Kathy Cash, Sandra Fallon, Alice Meehan, Ann Payne, Catherine Tall out of concern for the Marcellus shale drilling permits at the Morgantown Industrial Park. They organized a large meeting at the Morgantown High School on Friday night, May 20th. The attendees divided up into 5 committees – one of which was the legal committee chaired by Kitty Lozier and Duane Nichols. I was unable to attend the meeting at MHS. The legal committee was interested in finding out how the cities of Pittsburgh, Buffalo and other locations had adopted their bans against shale gas extraction. They learned that the technical assistance had been provided to each of these city councils by the Community Environmental Legal Defense Fund. The program director responsible for the ban ordinances was Ben Price. Price was familiar with the Wellsburg ordinance and has been working with the Pocahontas County citizens in WV as well. Kitty and Duane were able to set up a conference call with Ben Price and with the some of the rest of the committee members at 2 p.m. on Thursday, May 26. The legal committee asked Jenny Selin and me to join them because of our council activity in support of the resolutions that I drafted before the previous City Council Meeting on May 17. During the first conference call Price offered to draft an ordinance and to come to Morgantown to speak in its support. The committee members on the call were pleased with his offer. Nichols offered to coordinate the arrangements. A second call was set up for May 27 at 4 p.m. in which I was unable to participate. Late Thursday afternoon I did, however, call the City Manager and asked him to place the consideration of an ordinance “protecting public health, public safety and public welfare” on the agenda for the May 31 Committee Of The Whole Meeting – even though at that time (because Chambersburg services being disabled by the violent storm earlier Thursday), we had not yet received a copy of the draft. The first draft became available for the 4 p.m. Friday call. I received my draft about 8 p.m. that evening when I returned home (May 27). On Saturday a.m. I made several calls (which were difficult to complete due to the holiday weekend), and then called Price back on Monday (May 30) noon with some recommended changes and corrections that had been suggested by different persons. I received a copy of the revised draft that would be presented at the meeting by Councilor Selin late Monday evening. All of this push was deemed necessary because of the state of the drilling plans and preparation on the drill site across the Mon river. Waiting a month until the June COW made no sense at all to anyone on the committee. I was unable to contact Mayor Byrne throughout the weekend and finally after consultations with Councilor Selin did sent out the copy of the proposed ordinance to the full Council at 9:00 a.m. on Tuesday morning. I did not consult with the City Manager before sending out the material to the Council. But copies of the email and the ordinance were sent to Terrance Moore and Jeff Mikorski simultaneously with the 9 a.m. Council mailing. The names of the persons on the original conference call on May 26 were as follows: Kitty Lozier, League of Women Voters Jenny Selin, City Council Member Don Spencer, City Council Member and Deputy Mayor until June 30 Linda Shuster, Mon Valley Clean Air Coalition Robert Bastress, Professor, WVU College of Law Evan Hansen, Environmental Consultant, Downstream Technologies Duane Nichols, Monongahela Area Watersheds Compact Members of the legal committee of the Concerned Citizens for Safe Air and Water hosted Price and paid for his travel and lodging from Chambersburg, PA. Don Spencer, Morgantown City Council >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> THE DRAFT ORDINANCE, ATTACHED, WAS INTRODUCED TO CITY COUNCIL IN THE "COMMITTEE OF THE WHOLE" THIS PAST TUESDAY. AFTER EXTENDED DISCUSSION IT WAS "FORWARDED TO RESEARCH" RATHER THAN BEING "FORWARDED TO THE AGENDA FOR THE UPCOMING COUNCIL MEETING ON JUNE 7TH. THREE OTHER RESOLUTIONS HAVING TO DO WITH THE MARCELLUS DRILLING WERE "FORWARDED TO THE AGENDA" FOR THE JUNE 7TH MEETING, ONE OF WHICH WAS A BAN ON DRILLING WITHIN THE CITY LIMITS AND EXTENDING OUT ONE MILE PATTERNED AFTER THE WELLSBURG (wv) BAN ON SUCH DRILLING. Mayor Bill Byrne says that the CELDF ordinance (attached) has a very weak legal foundation, and is no consistent with State law. Ben Price of the CELDF says that the Wellsburg ban has a weak foundation and can be easily overturned in the future. We shall see if anything gets done in future City Council meetings.

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