EC April 2013

ec@lists.wvsierraclub.org

9 participants
18 discussions

from ScienceDaily e-newsletter: Residents concerned about health effects of hydrofracking
by Paul Wilson 29 Apr '13

29 Apr '13

Residents concerned about health effects of hydrofracking<http://feedproxy.google.com/~r/sciencedaily/top_news/top_environment/~3/IVv…> Posted: 28 Apr 2013 08:04 PM PDT Some residents living in areas in Bradford, Co, Pa., near natural gas operations, also known as hydraulic fracturing, are concerned their illnesses may be a result of nearby drilling operations. Twenty-two percent of the participants in a small pilot study surmise that hydrofracking may be the cause of such health concerns as sinus problems, sleeping difficulties, and gastrointestinal problems. -- 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: Embarrassing video:
by Jim Sconyers 25 Apr '13

25 Apr '13

Leading off is our own WV Congressman McKinley. ---------- Forwarded message ---------- From: Jon Carson, BarackObama.com <info(a)barackobama.com> Date: Thu, Apr 25, 2013 at 11:45 AM Subject: Embarrassing video: To: James S <jimscon(a)gmail.com> ** [image: Organizing for Action] James -- Right now, way too many lawmakers in Washington flat-out refuse to face the facts when it comes to climate change. We're never going to make real progress on this issue unless members of Congress get serious. Instead, some of them have made a habit of publicly mocking it. We thought it was time to call them out for denying what's basic science. *Watch this embarrassing video of climate deniers in Congress -- and say you're ready to help hold them accountable:<https://my.barackobama.com/page/m/55c1a95b/6cec4c83/3666dba8b/173a7777/1532…> * [image: Denying climate change keeps us from finding a solution. Watch this.]<https://my.barackobama.com/page/m/55c1a95b/6cec4c83/3666dba8b/173a776f/1532…> The science matters in this. That's the message way too many people in Washington need to hear right now. In 2011, there were 240 members of Congress who voted to say that climate change is a hoax. Most of them are still around today, and they're getting away with it -- some of them are actually proud of it. They think the whole debate is pretty funny. If we want to make progress on climate change, we need everyone in Congress on board for a solution. It's our job to show them there's a price to pay for being a climate denier. *Take a look at this video and join the fight:* *http://my.barackobama.com/Climate-Change<https://my.barackobama.com/page/m/55c1a95b/6cec4c83/3666dba8b/173a7768/1532…> * Get ready -- more on this coming soon. Thanks, Jon Jon Carson Executive Director Organizing for Action @JonCarsonOFA ---------------- A movement of millions elected President Obama. Let's keep fighting for change. *Chip in $10 or more to support Organizing for Action today.<https://my.barackobama.com/page/m/55c1a95b/6cec4c83/3666dba8b/173a7767/1532…> * Paid for by Organizing for Action Contributions or gifts to Organizing for Action are not tax deductible. This email was sent to: *jimscon(a)gmail.com*. If that is not your preferred email address, you can update your information here<https://my.barackobama.com/page/m/55c1a95b/6cec4c83/3666dba8b/173a7762/1532…>. We believe that emails are a vital way to stay in direct contact with supporters. Click here<https://my.barackobama.com/page/m/55c1a95b/6cec4c83/3666dba8b/173a779e/1532…>if you'd like to unsubscribe from these messages. Organizing for Action, P.O. Box 66732 Washington, D.C. 20035 -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last. *There is no Planet B!*

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WVU Law School gas confrence
by Jim Sconyers 24 Apr '13

24 Apr '13

Conference title: Natural Gas as the Bridge to Sustainability and Economic Growth - major oxymoron there. The main point of the conference seemed to be gas prices are too low, how can we get prices and consumption up> -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last. *There is no Planet B!*

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WVU Gas Conference today
by Jim Sconyers 24 Apr '13

24 Apr '13

I asked why the governor deleted all alternative vehicle energy - electric, hybrid - from SB 185 except gas. After a lot of evasion and BS, his rep Ms. Mason of the Natural Gas Vehicle Task Force finally stated flatly that he wanted to benefit the gas industry. What a surprise! -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last. *There is no Planet B!*

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Fwd: WVNS story: Court Cases Confirm EPA's Right to Limit MTR Pollution
by Paul Wilson 24 Apr '13

24 Apr '13

from WV Public News Service. fyi, paul ---------- Forwarded message ---------- From: Public News Service <wvns(a)newsservice.org> Date: Wed, Apr 24, 2013 at 3:34 AM Subject: WVNS story: Court Cases Confirm EPA's Right to Limit MTR Pollution To: PaulWilson <pjgrunt(a)gmail.com> Court Cases Confirm EPA's Right to Limit MTR Pollution Dan Heyman, Public News Service-WV http://www.publicnewsservice.org/index.php?/content/article/32126-1 Join the discussion: facebook.com/PublicNewsService<http://www.facebook.com/PublicNewsService> Twitter: @pns_news <http://twitter.com/#!/pns_news> @pns_WV<http://twitter.com/#!/pns_WV> Google+: plus.to/publicnewsservice <http://plus.google.com/106260479325451709866> (04/24/13) CHARLESTON, W.Va. - Citizen groups say two big legal victories confirm what they've asserted for years - that mountaintop removal causes dangerous pollution levels, and the Environmental Protection Agency can and should protect the public. One federal court ruled that the Corps of Engineers has been too lax in issuing mountaintop removal permits, while another ruled that the EPA has the right to veto a Corps permit after it's been issued. The second decision, which could block the huge Spruce mine in Logan County, is important, said Jon Devine, senior attorney for the Natural Resources Defense Council's water program, because it strengthens the EPA's right to enforce clean-water laws. "The court said clearly - and reaffirmed what the law says clearly - that EPA can act," Devine said. The court decisions came as a group of independent scientists was calling for a moratorium on mountaintop removal. The Center for Health, Environment and Justice report <http://www.chej.org/mtopreport> cited such health effects as higher rates of cancer and birth defects. Aimee Rist, a mother of two from Fayetteville, said it's deeply troubling to those living close to a mountaintop removal site. "But I don't want to leave my home," she said. "It's beautiful. The people are wonderful. It just makes you question what my children might be breathing, what they might be drinking in their water." The researchers believe some West Virginia women's miscarriages could be associated with the mining. It's an emotional topic for Rist. "I had two miscarriages in West Virginia before I had Emma," she said. "And so I wonder, is it something that I was breathing or something that I was drinking?" The coal industry argues that the controversial mining practice creates jobs, but some medical researchers estimate it costs more to pay for the damage to human health than the mining pays in terms of economic development. The report on the health effects of mountaintop removal is online at chej.org <http://www.chej.org/mtopreport>. Click here to view this story on the Public News Service RSS site and access an audio version of this and other stories: http://www.publicnewsservice.org/index.php?/content/article/32126-1<http://www.publicnewsservice.org/index.php?/content/article/32126-1> --- To be removed from this list please send an e-mail to remove(a)publicnewsservice.org <remove(a)publicnewsservice.org?subject=remove>and put the word "remove" in the subject line. -- 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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sallywilts@yahoo.com has shared something with you
by sallywilts＠yahoo.com 23 Apr '13

23 Apr '13

What a nice Earth Day gift! http://blogs.wvgazette.com/coaltattoo/2013/04/23/appeals-court-sides-with-e… --- This message was sent by sallywilts(a)yahoo.com via http://addthis.com. Please note that AddThis does not verify email addresses. To stop receiving any emails from AddThis, please visit: http://www.addthis.com/privacy/email-opt-out?e=0oW4853_rvWz9a_3pL6y4ro

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Fwd: [ACTNET-FRAC-NEWS] Rolling Stone interviews BIDDER 70 hero, Tim DeChristopher
by Jim Sconyers 23 Apr '13

23 Apr '13

Tim is the son of founding WVSC chair Chris DeChristopher. ---------- Forwarded message ---------- From: Lauren Swain <video(a)mindseyeworld.com> Date: Mon, Apr 22, 2013 at 9:27 PM Subject: [ACTNET-FRAC-NEWS] Rolling Stone interviews BIDDER 70 hero, Tim DeChristopher To: ACTNET-FRAC-NEWS(a)lists.sierraclub.org Rolling Stone interviews BIDDER 70 hero, Tim DeCristopher: http://www.rollingstone.com/politics/news/tim-dechristopher-is-a-free-man-w… By Alexander Zaitchik<http://www.rollingstone.com/contributor/alexander-zaitchik> April 22, 2013 4:35 PM ET There are worse ways for a climate activist to celebrate getting out of jail than speaking to a packed theater of comrades and supporters. Tonight, that's how Tim DeChristopher will publically mark his release from two years of state custody, spread over four states and five institutions – from the isolation wings of federal prisons to the halfway house he left yesterday. Following an address that will represent DeChristopher's public return to grassroots climate activism, Salt Lake City's Tower Theater will screen *Bidder 70* <http://www.bidder70film.com/>, a documentary about his 2009 trial. Both the talk and the screening will be live-streamed to 50 theaters around the country. The Fossil Fuel Resistance: Meet the New Green Heroes<http://www.rollingstone.com/politics/lists/the-fossil-fuel-resistance-meet-…> It's a happy coincidence that the event is taking place on Earth Day – but there was never any question it would be in Salt Lake City. It was there, in December 2008, that DeChristopher disrupted a federal Bureau of Land Management auction by submitting nearly $2 million in bids on oil and gas concessions. For the crime of what the prosecution called "obstruct[ing] lawful government proceedings," DeChristopher was whisked from the courthouse following his sentencing to begin his term, which ended yesterday. The 31-year-old activist talked to *Rolling Stone* about his time served and the future of the climate movement. *What are your immediate plans now that you're out? * I'll be traveling around a bit over the summer. Then in the fall, I start Harvard Divinity School. I see divinity school and the ministry as an extension of my activism, not as a new direction. It's probably the best outlet for the skills I've built so far. I take inspiration from the activist leaders of the past, whether it's the [antiwar activist] Berrigan brothers, or Martin Luther King, or many ministry leaders that have also been at the front of social movements throughout American history. *Will you keep up an activist's schedule w**hen you start school**?* Obviously I won't be able to do quite as much. I expect divinity school to be pretty demanding, so I won't be keeping up the full-time schedule that I had when I was a full-time activist. But I will still be doing certain speaking events and stuff like that. *Are you prepared to return to prison in the future? * Definitely. Especially having experienced it and knowing that I can handle it. If the opportunity comes up again to do something impactful, then I'd have to take that opportunity. *A lot of famous activists over the years have spoken about the benefits of prison time. Did you find that to be the case?* There are certainly upsides. They call it "doing time" for a reason. You just have a lot of time on your hands. So I read a lot. A lot of my day consisted of exercising and walking and reading. It was a very reflective environment and very low-stress environment. It kind of naturally lent itself to introspection. *Did you have a lot of conversations about climate and energy issues with other inmates? * I had a lot of conversations more about general social justice issues, about corporate control of our government, how the criminal justice system works. *Looking ahead, it seems activism around climate and energy is moving into a more militant posture. For example, the anti-fracking leader Sandra Steingraber and some of her colleagues in the so-called "Seneca Lake 12" went to jail in New York just as you were being released. * I certainly think the climate movement is going to get more aggressive. There's been a tremendous amount of movement in the past few years. And with changes like the Sierra Club completely overhauling the way they were operating [in terms of civil disobedience] – that's a massive shift, and I think those changes will continue. And I think there will also be more kind of bottom-up actions in the future. More things like the tar sands blockade in Texas, things that are not necessarily done by big organizations saying, "This is what you need to do and this is how you're going to do it." The grassroots side of the movement is really stepping up in a big way, and that's been the big shift since 2009. The grassroots side is no longer willing to limit themselves to the directions given by the big green groups and the Washington-centric side of the movement. The big green groups failed horribly in 2009 with the Waxman-Markey bill. Up until that time, they kind of kept everyone in check by saying, "We know how change happens, we know how to do things in Washington. This is what's politically feasible." And they fell on their face. Now a lot of folks are saying, "Well, we tried it your way. Now we're going to do it our way." *And your group, Peaceful Uprising, was part of that shift. * Yeah, Peaceful Uprising was forming during that time, largely out of an awareness that what the climate movement was doing wasn't working and we needed to do something else. It was started largely for the purpose of experimenting, and simply trying something new. Not saying this is the one right way. But saying we need a new way of doing things. And hopefully there will be more experimenting in the climate movement. A movement that gets a little bit out of control – that's what we need. One that's more spontaneous, trying more things and is more willing to do things even if it's not the exact right thing to do, but just because we need to move forward. *Will you stay involved with Peaceful Uprising? * I handed over the reins when I was convicted. I was pretty much out of the picture once I was incarcerated. I am not really in a leadership position there anymore. *Because of the publicity around your trial and incarceration, and now with the documentary, you have achieved a national profile and will be seen as a sort of spokesperson for the movement. Are you comfortable with this new level of fame? * As far as being seen as a speaker and that sort of thing, that's a role that I'm willing to serve. I kind of ended up in the role as the guy who always talked about civil disobedience just because that was the opening that the movement had in 2008 and 2009. So I sort of ended up in that role by default. Now I'll try and fill whatever role is needed. And I feel like I naturally look at things from a holistic perspective. I tend to be good at articulating a vision of where we need to go. I feel like I'm well suited for the role that I'm in right now. Bidder 70* opens in New York for a limited run on May 17th. * Lauren Swain (303) 964-9592, (303) 887-5951 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This email list is associated with the Hydrofracking Team on the Sierra Club's Activist Network. Join the Hydrofracking Team at http://sc.org/frac. This list is open to the public and subscribers are not moderated. Please be aware that information you share may be forwarded to or read by others beyond this list. To unsubscribe from the ACTNET-FRAC-NEWS list, send any message to: ACTNET-FRAC-NEWS-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 Remember, Mother Nature bats last. *There is no Planet B!*

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Fwd: [Coal Volunteers List] EPA - water pollution from power plants rulemaking
by Paul Wilson 23 Apr '13

23 Apr '13

fyi, paul ---------- Forwarded message ---------- From: Verena Owen <baumling(a)aol.com> Date: Tue, Apr 23, 2013 at 9:55 AM Subject: Re: [Coal Volunteers List] EPA - water pollution from power plants rulemaking To: dave.oleary(a)mdsierra.org, coal-volunteers-list(a)sierraclub.org Hi Dave, I have seen our statement about the rule on another list, see below. I don't think we know yet if there are going to be hearings but I am sure we will collect comments. This is an important rule and there will be activities around it. Stay tuned. Verena FOR IMMEDIATE RELEASE April 22, 2013 *After 30 Years of Inaction, EPA Finally Proposes Plans for Power Plant Water Pollution* *Includes options protecting waters from toxic pollution as well as weaker standards that maintain the status quo* Washington, D.C. – The Environmental Protection Agency proposed a number of regulatory options late last Friday night, known as steam electric effluent limitation guidelines for power plants<http://water.epa.gov/scitech/wastetech/guide/steam-electric/proposed.cfm>, two of which will finally clean up water pollution from hundreds of power plants. Power plant water discharges are filled with toxic pollution such as mercury, arsenic, lead, and selenium – heavy metals that can cause neurological and developmental damage, cause harm *in utero*, damage internal organs and cause cancer. Power plants are the biggest sources of water pollution in the country, yet the EPA has not reviewed regulations for this industry in more than 30 years. To address this unacceptable delay, environmental groups filed a lawsuit in 2010 to force the EPA to take action and regulate this dirty industry. The following statement is from Appalachian Voices, Clean Water Action, Environmental Integrity Project, Earthjustice, Prairie Rivers Network, Sierra Club, Southern Alliance for Clean Energy, and Waterkeeper Alliance on today’s proposal: “After 30 years of inaction, the EPA has finally offered a plan that utilizes affordable, available pollution controls to clean up toxic power plant waste water. We need strong protections that limit the amount of mercury, lead, arsenic, chromium, and other heavy metals that power plants are dumping into the rivers, lakes, and streams where we fish, boat, swim, and drink. The technology to clean up power plant water discharges exists, and in many cases is already being used. While the EPA has presented a menu of options, there are two options (Options 4 and 5)<http://water.epa.gov/scitech/wastetech/guide/steam-electric/proposed.cfm> that address all of the contaminated wastewaters of concern across the industry. We are heartened to see that the EPA has identified these options as both achievable and affordable, and we urge the agency to settle on a final choice that will keep America’s waters safe and clean as the Clean Water Act requires. “In addition to the protective alternatives identified by the agency, the EPA also included many weaker options that would allow power plants to continue to dump poisons unabated from unlined pits. Some of these options also create sweeping exemptions. “Toxic water pollution from coal-fired power plants makes people sick. Those who live in the communities around these plants have had all kinds of concerns about the pollution – everything from reduced property values to extremely rare forms of cancer. We applaud the EPA for taking this next step to address the problem, and we will keep fighting to ensure the EPA chooses the strongest regulation to protect our health and our water.” -----Original Message----- From: dave o'leary <dave.oleary(a)mdsierra.org> To: coal-volunteers-list <coal-volunteers-list(a)sierraclub.org> Sent: Mon, Apr 22, 2013 10:26 pm Subject: [Coal Volunteers List] EPA - water pollution from power plants rulemaking Hi - I haven't seen this noticed shared yet and I'm wondering about the plans to engage in this process. Has anyone reviewed the four options yet and is there any guidance on comments? Thanks, David O'Leary Sierra Club, Maryland Chapter U.S. EPA News Release: EPA Proposes to Reduce Toxic Pollutants Discharged into Waterways by Power Plants > 04/19/2013 > CONTACT: > Stacy Kika (News Media Only) > Kika.stacy(a)epa.gov > 202-564-0906 > 202-564-4355 > > FOR IMMEDIATE RELEASE > April 19, 2013 > > > EPA Proposes to Reduce Toxic Pollutants Discharged into Waterways by Power > Plants > > WASHINGTON — In accordance with a consent decree and in line with > requirements under the Clean Water Act, the U.S. Environmental Protection > Agency (EPA) > today will propose a range of options to help reduce dangerous pollutants, > including mercury, arsenic, lead, and selenium that are released into > America’s waterways by coal ash, air pollution control waste and other > waste from steam electric power plants. Today’s proposal includes a variety > of options > for whether and how these different waste streams should be treated. EPA > will take comment on all of these options, which it will use to help inform > the > most appropriate final standard. > > Steam electric power plants currently account for more than half of all > toxic pollutants discharged into streams, rivers and lakes from permitted > industrial > facilities in the United States. High exposure to these types of > pollutants has been linked to neurological damage and cancer as well as > damage to the > circulatory system, kidneys and liver.Toxic heavy metals do not break down > in the environment and can also contaminate sediment in waterways and > impact aquatic life and wildlife, including large-scale die-offs of fish. > > “America’s waterways are vital to the health and well-being of our > communities,” said Acting Administrator Bob Perciasepe. “Reducing the > pollution > of our waters through effective but flexible controls such as we are > proposing today is a win-win for our public health and our economic > vitality. > We look forward to hearing from all stakeholders on the best way forward.” > > EPA has put a focus on ensuring any final rule would protect public health > while being sensible and achievable, and in line with that goal, under > every preferred option proposed by EPA today, more than half of America’s > coal fired power plants would be in compliance without incurring any > additional cost. > > The proposal updates standards that have been in place since 1982, > incorporating technology improvements in the steam electric power industry > over the last three decades as required by the Clean Water Act. The > proposed national standards are based on data collected from industry and > provide flexibility in implementation through a phased-in approach and use > of technologies already installed at a number of plants. Under the > proposed approach, new requirements for existing power plants would be > phased in between 2017 and 2022, and would leverage flexibilities as > necessary. > > Fewer than half of coal-fired power plants are estimated to incur costs > under any of the proposed preferred options, because many power plants > already have the technology and procedures in place to meet the proposed > pollution control standards. > > The four preferred options differ in the number of waste streams covered > (such as fly ash handling systems, treatment of air pollution control waste > and bottom ash), the size of the units controlled and the stringency of > the treatment controls to be imposed. EPA estimates that the regulations > would reduce pollutant discharges by 470 million to 2.62 billion pounds > annually and reduce water use by 50 billion to 103 billion gallons per year. > > EPA also announced its intention to align this Clean Water Act rule with a > related rule for coal combustion residuals (CCRs, also known as > “coal ash”) proposed in 2010 under the Resource Conservation and Recovery > Act. The two rules would apply to many of the same facilities and > would work together to reduce pollution associated with coal ash and > related wastes. EPA is seeking comment from industry and other stakeholders > to ensure that both final rules are aligned to reduce pollution > efficiently and minimize regulatory burdens. > > There are approximately 1,200 steam electric power plants that generate > electricity using nuclear fuel or fossil fuels such as coal, oil, and > natural gas in the U.S. Approximately 500 of these power plants are coal > fired units which are the primary source of the pollutants being addressed > by the proposed regulation. Power plants that are smaller than 50 > megawatts would not be impacted by these new standards, and the majority of > coal-fired power plants would incur no costs under the proposed standards. > > The public comment period on the proposed rule will be open for 60 days > after publication in the Federal Register. The agency is under a consent > decree > to take final action by May 22, 2014. > > More information: > http://water.epa.gov/scitech/wastetech/guide/steam-electric/index.cfm > > > -- To access the Beyond Coal Campaign Resource Portal, go to: https://sites.google.com/a/sierraclub.org/beyond-coal-resource-portal/ To sign up for this list, email becki.clayborn(a)sierraclub.org with the subject and message "SUBSCRIBE #coal-volunteer" --- You received this message because you are subscribed to the Google Groups "#Coal-Volunteers" group. To unsubscribe from this group and stop receiving emails from it, send an email to coal-volunteers-list+unsubscribe(a)sierraclub.org. To post to this group, send email to coal-volunteers-list(a)sierraclub.org. -- To access the Beyond Coal Campaign Resource Portal, go to: https://sites.google.com/a/sierraclub.org/beyond-coal-resource-portal/ To sign up for this list, email becki.clayborn(a)sierraclub.org with the subject and message "SUBSCRIBE #coal-volunteer" --- You received this message because you are subscribed to the Google Groups "#Coal-Volunteers" group. To unsubscribe from this group and stop receiving emails from it, send an email to coal-volunteers-list+unsubscribe(a)sierraclub.org. To post to this group, send email to coal-volunteers-list(a)sierraclub.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: Re: We won the 6th Circuit appeal on NWP 21!
by Jim Sconyers 22 Apr '13

22 Apr '13

---------- Forwarded message ---------- From: "Aaron Isherwood" <aaron.isherwood(a)sierraclub.org> Date: Apr 22, 2013 11:44 AM Subject: Re: We won the 6th Circuit appeal on NWP 21! To: "Mark Kresowik" <mark.kresowik(a)sierraclub.org> Cc: "Bruce Nilles" <bruce.nilles(a)sierraclub.org>, "Mary Anne Hitt" < maryanne.hitt(a)sierraclub.org>, "David Muhly" <david.muhly(a)sierraclub.org>, "Ed Hopkins" <ed.hopkins(a)sierraclub.org>, "Bill Price" < bill.price(a)sierraclub.org>, "Jim Sconyers" <jimscon(a)gmail.com>, "Lane Boldman" <lanebold(a)earthlink.net>, "Rick Clewett" < rick.clewett(a)insightbb.com>, "Axel C Ringe" <onyxfarm(a)bellsouth.net>, "Alex DeSha" <alex.desha(a)sierraclub.org>, "Marley Green" < marley.green(a)sierraclub.org>, "Bonnie Swinford" <bswinford1(a)yahoo.com>, "Sean Sarah" <sean.sarah(a)sierraclub.org>, "Glen Besa" < glen.besa(a)sierraclub.org>, "Peter Morgan" <peter.morgan(a)sierraclub.org>, "Pat Gallagher" <pat.gallagher(a)sierraclub.org> Just got this draft from Jim... Sean, are you available to make suggestions? This is a national case, so should we include a quote from Mary Anne or Ed? Aaron *Appeals Court Invalidates Nationwide Permit* *Used to Bury Streams with Mining Waste* * * The U.S. Court of Appeals for the Sixth Circuit today invalidated the 2007 version of the nationwide permit used by the U.S. Army Corps of Engineers to authorize the dumping of coal mining waste into hundreds of miles of Appalachian headwater streams. **** ** ** “The Court agreed with us that the Corps failed in 2007 to demonstrate that filling streams with mining waste has minimal cumulative impacts and that the mining companies can mitigate those environmental impacts to insignificance, ” said Jim Hecker, Environmental Enforcement Director at Public Justice in Washington, DC. “This permit should never have been issued, because it was based on the Corps’ unsupportable assumption that filling these streams has minimal environmental effects.”**** ** ** Since 2003, coalfield residents and state and national environmental groups have been challenging the legality of Nationwide Permit 21 in West Virginia and Kentucky federal courts. A West Virginia federal court enjoined the permit’s use in that state in 2009, but a Kentucky court disagreed with that decision in 2011 and allowed its use in that state to continue. The Sixth Circuit today reversed that Kentucky decision and agreed with the earlier decision by the West Virginia court. **** ** ** The Clean Water Act only authorizes nationwide permits for stream-filling activities that have minimal environmental effects, both individually and cumulatively. Mountaintop removal coal mining produces enormous quantities of waste that is commonly disposed of in adjacent valleys and streams. Scientific studies have shown that the waters downstream from valley fills are degraded, and there is no scientific evidence that buried headwater streams can be re-created successfully elsewhere.**** ** ** The Sixth Circuit found that the Corps’ determination that the 2007 NWP 21 would have cumulatively minimal effects was irrational, for two reasons. First, the Corps failed to analyze the present effects of its past actions allowing the filling of hundreds of miles of streams prior to 2007, and instead improperly limited its analysis to the effects of future filling from 2007 to 2012. Second, the Corps had no documented information showing that mitigation could offset the loss of headwater streams at mining sites. **** ** ** The Sixth Circuit stayed its decision for 60 days to give the lower court and the parties time to assess its impact on existing projects. While the appeal in the Sixth Circuit was pending, the 2007 NWP 21 expired, but the Corps reissued the NWP in 2012 for five more years with more stringent conditions (namely, a 300-foot limit on filling and a prohibition against valley fills). In reissuing that permit, the Corps created a new loophole that gave about 70 uncompleted projects under the old 2007 NWP 21 five more years to use it without meeting the more stringent conditions of the 2012 NWP 21. That loophole is now likely to be closed. At a minimum, these grandfathered projects will require additional analysis and should have to comply with the more stringent 2012 conditions.**** ** ** More broadly, the court’s decision raises serious questions about the Corps’ entire approach to cumulative impacts and compensatory mitigation for coal mining projects. The court directed the Corps to use past mining impacts more carefully to assess cumulative impacts and to document in detail whether mitigation can effectively reduce cumulative impacts. Up to now, the Corps has refused to take these issues seriously and to measure mitigation effectiveness. Recent scientific studies on the relationship between the percentage of mining in a watershed and the severity of downstream biological impairment indicate that surface coal mining is having serious cumulative impacts. **** ** ** “This decision has been a long time coming. Every year we see the health of rivers and streams in eastern Kentucky declining. In 2010, according to the Kentucky Division of Water, only 1% of eastern Kentucky streams fully supported fish and other aquatic life. I’d say that we can see an impact from mining,” stated Judy Petersen, executive director of Kentucky Waterways Alliance.**** ** ** The groups that have challenged NWP 21 in court actions are: in Kentucky—Kentuckians for the Commonwealth, Kentucky Waterways Alliance, and Kentucky Riverkeeper; in West Virginia—Ohio River Environmental Coalition, Coal River Mountain Watch, and Natural Resources Defense Council. The legal team opposing NWP 21 has been led by Jim Hecker at Public Justice in Washington, D.C., assisted by Joe Lovett at Appalachian Mountain Advocates in Lewisburg, WV, and Stephen Sanders at the Appalachian Citizens Law Center in Whitesburg, KY. On Mon, Apr 22, 2013 at 8:40 AM, Mark Kresowik <mark.kresowik(a)sierraclub.org > wrote: > Congrats! Is anyone working on media about this already? Seems like > something we'd want to highlight? > > Mark > > > On Mon, Apr 22, 2013 at 11:39 AM, Aaron Isherwood < > aaron.isherwood(a)sierraclub.org> wrote: > >> Excellent news...! >> >> Aaron >> >> ---------- Forwarded message ---------- >> From: Jim Hecker <JHecker(a)publicjustice.net> >> Date: Mon, Apr 22, 2013 at 6:33 AM >> Subject: We won the 6th Circuit appeal on NWP 21! >> To: Joe Lovett <jlovett(a)appalmad.org>, Derek Teaney <dteaney(a)appalmad.org>, >> Mike Becher <mbecher(a)appalmad.org>, Margaret Janes <mjanes100(a)gmail.com> >> Cc: cindy rank <clrank2(a)gmail.com>, Aaron Isherwood < >> aaron.isherwood(a)sierraclub.org>, Peter Morgan < >> peter.morgan(a)sierraclub.org>, dianne bady <dbady.ovec(a)gmail.com>, Alan >> Banks <alan.banks(a)eku.edu>, Judy Petersen <judy(a)kwalliance.org>, Kevin >> Pentz <kevin(a)kftc.org> >> >> >> After eight years of litigation, the Sixth Circuit reversed our loss at >> the district court level and agreed with the prior decision by Judge >> Goodwin in the 2009 Hurst case that NWP 21 violates NEPA, both the >> cumulative impacts and mitigation issues.**** >> >> ** ** >> >> I will have more analysis later.**** >> >> ** ** >> >> Jim Hecker**** >> >> Public Justice**** >> >> 1825 K Street, NW Suite 200**** >> >> Washington, D.C. 20006**** >> >> (202) 797-8600**** >> >> fax (202) 232-7203**** >> >> jhecker(a)publicjustice.net **** >> >> ** ** >> >> > > > -- > Mark Kresowik > Eastern Region Deputy Director > Sierra Club's Beyond Coal Campaign > mark.kresowik(a)sierraclub.org > 202-675-7914 (o) > 319-621-7393 (c) > 50 F St NW Eighth Floor > Washington, DC 20001 >

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KEN WARD ARTICLE IN GAZETTE RE COAL FUNDED "SCHOLARSHIP"
by William V. DePaulo, Esq. 22 Apr '13

22 Apr '13

HERE IS A LINK<http://books.google.com/books?id=OTNQLteehOgC&printsec=frontcover#v=onepage…>TO THE COAL INDUSTRY FUNDED RESEARCH INTENDED TO CAST DOUBT ON MICHAEL KENDRYX'S PEER-REVIEWED HEALTH STUDIES. -- 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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