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2254 discussions

Barbara Fallon
by Yarnell, Karen 10 Sep '14

10 Sep '14

Did anyone know about this? I saw it on Facebook posted by a faculty member here, Sue Kelley. http://hastingsfuneralhome.com/tribute/details/2154/Barbara_Ann_Fallon/obit…

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Flaring+Issues+Workshop+Announcement+9-16-14
by Duane 10 Sep '14

10 Sep '14

Deadline today for registration. WORKSHOP at WVU. $55. Duane Nichols, Cell- 304-216-5535, www.FrackCheckWV.net

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Not our Ken Ward, but a very interesting verdict on climate "disruption".
by James Kotcon 08 Sep '14

08 Sep '14

Two protesters who blocked a coal barge in Massachusetts have won a significant legal victory, as the prosecutor avoids the "climate necessity" defense. JBK http://www.mintpressnews.com/climate-necessity-defense-gets-first-test-us/1… [http://cdn.mintpressnews.com/wp-content/uploads/2014/09/cropped-meme1.jpg?9…]<http://www.mintpressnews.com/climate-necessity-defense-gets-first-test-us/1…> UPDATE: Charges Dropped In Highly Anticipated Climate "Necessity" Case With a small lobster boat and a massive anchor, two Massachusetts men blocked a coal shipment to one of New England's largest coal-burners for one day. Their precedent-setting defense in the trial that starts this week could have far-reaching ramifications. Read more...<http://www.mintpressnews.com/climate-necessity-defense-gets-first-test-us/1…>

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Fwd: News Release: Trans Energy Inc. to Restore Streams and Wetland Damaged By Natural Gas Extraction Activities in West Virginia/Company will also pay $3 million civil penalty to resolve alleged Clean Water Act violations
by Paul Wilson 07 Sep '14

07 Sep '14

are we aware of this? fyi, paul w. ---------- Forwarded message ---------- From: vivian newman Date: Tue, Sep 2, 2014 at 8:04 PM Subject: Fwd: News Release: Trans Energy Inc. to Restore Streams and Wetland Damaged By Natural Gas Extraction Activities in West Virginia/Company will also pay $3 million civil penalty to resolve alleged Clean Water Act violations To: Paul Wilson <pjgrunt(a)gmail.com> good news presumably *Contact:* Jennifer Colaizzi (News Media only) Colaizzi.Jennifer(a)epa.gov (202) 564-7776 *FOR IMMEDIATE RELEASE* September 2, 2014 *Trans Energy Inc. **to Restore Streams and Wetland Damaged By Natural Gas Extraction Activities **in West Virginia* *Company will also pay $3 million civil penalty to resolve alleged Clean Water Act violations* WASHINGTON – The U.S. Environmental Protection Agency (EPA), the West Virginia Department of Environmental Protection (WVDEP), and the Department of Justice (DOJ) today announced a settlement with Trans Energy Inc., requiring the oil and gas company to restore portions of streams and wetlands at 15 sites in West Virginia polluted by the company’s unauthorized discharge of dredge or fill material. Trans Energy will pay a penalty of $3 million to be divided equally between the federal government and WVDEP. The Clean Water Act requires a company to obtain a permit from EPA and the U.S. Army Corps of Engineers prior to discharging dredge or fill material into wetlands, rivers, streams, and other waters of the United States. “As part of our commitment to safe development of domestic energy supplies, EPA is working to protect wetlands and local water supplies on which communities depend,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance. “By enforcing environmental laws, we’re helping to ensure a level playing field for responsible businesses." “Today’s agreement requires that Trans Energy take important steps to comply with state and federal laws that are critical to protecting our nation’s waters, wetlands and streams,” said Sam Hirsch, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “We will continue to ensure that the development of our nation’s domestic energy resources, including through the use of hydraulic fracturing techniques, complies with the Clean Water Act and other applicable federal laws.” In addition to the penalty, the company will reconstruct impacted aquatic resources or address impacts at 15 sites, provide appropriate compensatory mitigation for impacts to streams and wetlands, and implement a comprehensive program to ensure future compliance with Section 404 of the Clean Water Act and applicable state law. Among other requirements, the company will work to ensure that all aquatic resources are identified prior to starting work on future projects in West Virginia, and that appropriate consideration is given at the design stage to avoid and minimize impacts to aquatic resources. It is estimated that Trans Energy will spend more than $13 million to complete the restoration and mitigation work required by the consent decree. The federal government and WVDEP allege that the company impounded streams and discharged sand, dirt, rocks and other materials into streams and wetlands without a federal permit to construct well pads, impoundments, road crossings and other facilities related to natural gas extraction. The government alleges the violations impacted approximately 13,000 linear feet of stream and more than an acre of wetlands. Filling wetlands illegally and damming streams can result in serious environmental consequences. Streams, rivers, and wetlands benefit the environment by reducing flood risks, filtering pollutants, recharging groundwater and drinking water supplies, and providing food and habitat for aquatic species. EPA discovered the violations in 2011 and 2012 through information provided by WVDEP and the public, and through routine field inspections. In summer 2014, the company conducted an internal audit and ultimately disclosed to EPA alleged violations at eight additional locations, which are also being resolved through this Consent Decree. The settlement also resolves alleged violations of state law brought by WVDEP. The consent decree has been lodged in the Northern District of West Virginia and is subject to a 30-day public comment period and court approval. For more information: http://www2.epa.gov/enforcement/trans-energy-inc-clean-water-act-settlement <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkP…> R198 ------------------------------ [image: EPA Seal] You can unsubscribe or update your subscriptions or e-mail address at any time on your Subscriber Preferences Page <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkP…>. All you will need is your e-mail address. If you have any questions or problems, please e-mail subscriberhelp.govdelivery.com <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkP…> for assistance. This service is provided to you at no charge by the U.S. Environmental Protection Agency <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkP…> . [image: Visit Us on Facebook] <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkP…> [image: Visit Us on Twitter] <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkP…> [image: Visit Us on YouTube] <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkP…> [image: Visit Us on flickr] <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkP…> ------------------------------ This email was sent to newviv(a)roadrunner.com using GovDelivery, on behalf of: U.S. Environmental Protection Agency · 1200 Pennsylvania Avenue NW · Washington DC 20460 · 202-564-4355 [image: Powered by GovDelivery] <http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkP…> -- 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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New US-DOE report shows wind is cheaper than gas
by James Kotcon 19 Aug '14

19 Aug '14

The 2013 Wind Technologies Market Report from US-DOE shows that newly-installed wind-generated electricity is, as a national average, already cheaper than electricity from coal, and, if the PTC is included, is currently cheaper than gas-fired electricity. Since the PTC expired last year, wind may have to compete with gas without subsidies, but as costs continue to fall for wind, and are likely to rise for gas, wind is likely to compete well even without subsidies in the near future (5-10 years). Cost for wind are lowest in Interior Midwest states. Wind resources in most of the Mid-Atlantic states are of lower quality and are unlikely to be competitive with gas in the near term. A future cost for fossil carbon emissions will accelerate the market for wind as it is likely to further increase the costs for gas. Bottom line, no one is investing in coal, and investments in new gas infrastructure are increasingly risky as long-term investments. The Longview plant looked like a really good deal in 2003, but was not operational until 2011, and filed for bankruptcy in 2013. A new gas plant proposed today is unlikely to be operational in less than 3-5 years, by which time it may be unable to compete with wind in time to pay off its investment. See the full report, especially Figure 49, at: http://emp.lbl.gov/sites/all/files/2013_Wind_Technologies_Market_Report_Fin… Jim Kotcon

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Moundsville Power wants a PILOT Agreement
by James Kotcon 19 Aug '14

19 Aug '14

This reminds me of the PILOT agreement that Longview sought from Monongalia County in 2003. Anyone want to write comments? JBK Support sought for proposed state power plant The Associated Press MOUNDSVILLE, W.Va. - Developers of a proposed natural gas-fired power plant in Marshall County are seeking the county's support of the project. Officials with Moundsville Power and the Regional Economic Development Partnership plan to make a formal presentation to the County Commission on Monday. The Intelligencer and Wheeling News-Register reports that the developers are proposing an agreement under which the county would own the plant and lease it back to Moundsville Power to operate. Moundsville Power would pay about $1 million annually to the county in lieu of regular property taxes. The $615 million plant would be located in Moundsville. It would generate 549 megawatts of electricity and use about 100 million cubic feet of gas per day. http://www.wvgazette.com/article/20140818/GZ01/140819283/

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WVU's solar Decathalon housegoes to WV Botanic Garden
by James Kotcon 13 Aug '14

13 Aug '14

I had been trying to find out what happened to this, now we know. JBK http://wvutoday.wvu.edu/n/2014/08/12/wvu-donates-solar-decathlon-house-to-w… Home<http://wvutoday.wvu.edu/> / Press Releases<http://wvutoday.wvu.edu/n> WVU donates Solar Decathlon house to West Virginia Botanic Garden<http://wvutoday.wvu.edu/n/2014/08/12/wvu-donates-solar-decathlon-house-to-w…> August 12th, 2014 The West Virginia University<http://www.wvu.edu/> house built for the U.S. Department of Energy's Solar Decathlon has found a new place to call home. The University has donated the Preserving Energy with Appalachian Knowledge<http://solar.wvu.edu/peak-2013> house to the West Virginia Botanic Garden<http://www.wvbg.org/>, located in Morgantown. The house was recently moved from its current location on WVU's Evansdale Campus to the Garden, where it will be used for office space, group meeting space and displays. "The West Virginia Botanic Garden will be an ideal permanent location for the house," said Brian Woerner<http://www.lcsee.statler.wvu.edu/faculty/faculty-detail.php?id=465&type=fac…>, chair of the Lane Department of Computer Science and Electrical Engineering<http://www.lcsee.statler.wvu.edu/> at WVU. "The Garden has a mission to promote the best use of natural resources, and the historical significance and natural beauty of state. The PEAK house fits perfectly with that mission." "This is the realization of a long-recognized need for a building on site," explained Bill Johnson, president of the West Virginia Botanic Garden board of directors. "WVU's donation of the PEAK House, combined with financial support from friends of the Garden, components makes this possible." The team from WVU built the house for the 2013 Solar Decathlon, which brings together students from around the world to design and build an ultra-efficient, solar energy sustainable and livable house. The PEAK house was the first log-style home to be accepted to the Decathlon, representing WVU's roots in Appalachia. Its design earned the team top honors in the category for Integration of Nature and Technology. "In support of our mission, we strive to develop and manage the garden in a sustainable and ecologically responsible manner. The 'green' design of the building is a perfect fit with this philosophy, and demonstrates the Garden's commitment to these principles," said Johnson. Thanks to a grant from the National Science Foundation, students and professors will use the house while it is on the Botanic Garden grounds to study the use of nanotechnology and to develop healthy and sustainable indoor living environments. "The house will be used for regular measurements of efficiency of power generation and use from the solar panels over the next several years," said Woerner. "The Solar Decathlon provided a unique educational experience that fulfilled the senior design requirements for a significant number of students. The donation of the house assures that the work of WVU students will be enjoyed by visitors to the Garden for many years to come." The Botanic Garden is located at 1061 Tyrone Road, and is open daily, free of charge, from dawn to dusk. For more information, visit www.wvbg.org<http://www.wvbg.org>. -WVU- wbk/08/12/14 CONTACT: Mary C. Dillon, Statler College of Engineering and Mineral Resources 304.293.4086, Mary.Dillon(a)mail.wvu.edu<mailto:Mary.Dillon@mail.wvu.edu> - See more at: http://wvutoday.wvu.edu/n/2014/08/12/wvu-donates-solar-decathlon-house-to-w…

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Sen. Manchin’s brother sues him, other brother over $1.7 million loan
by James Kotcon 28 Jul '14

28 Jul '14

Can someone forward this to the PA Chapter, and whoever was doing the lawsuit there? What is the best way to use this to highlight the self-interest in Manchin's opposition to EPA rules? Jim Kotcon Sen. Manchin’s brother sues him, other brother over $1.7 million loan Thursday, July 24, 2014 By Kate White, Staff writer FAIRMONT, W.Va. — U.S. Sen. Joe Manchin’s brother has sued the senator and another brother over more than $1.7 million that allegedly was loaned to keep a family business afloat decades ago. The lawsuit was filed Wednesday by Dr. John Manchin against his brothers, Joe and Roch Manchin, in Marion County Circuit Court.According to the lawsuit, Joe and Roch Manchin requested the money in the 1980s from their brother “in response to Manchin Carpet Center’s distressed financial condition. ”John Manchin loaned them more than $1.7 million, all of which was provided to the business’ primary creditor, Community Bank and Trust, according to the lawsuit. Joe and Roch Manchin promised to repay their brother on repeated occasions, most recently in July 2012, according to the lawsuit. The loan does not appear on Sen. Manchin’s financial disclosure forms, filed with the U.S. Senate. The Senate Ethics Committee requires disclosure of any debt valued at more than $10,000, but there is an exemption for a “personal liability” owed to a close family member, including a brother. The July 2012 “funds sharing agreement” attached to the lawsuit describes how money from a proposed power plant in Greene County, Pennsylvania, would be split among the three Manchin brothers. The Nemacolin plant was being developed by Wellington Development, a Fairmont-based company. Under the 2012 agreement, Sen. Manchin would deduct what he put into the project, and then John Manchin would get the first $1 million of profit. Any subsequent profit would be divided among all three brothers for as long as they survive. The agreement was signed by Joe and Roch Manchin, and sent by Kirtan Mehta, chief counsel to the senator. It was dated July 25, 2012, with a U.S. Senate letterhead. Jonathan Kott, a spokesman in Manchin’s Senate office, said Friday afternoon that Mehta did the personal work for Manchin at home, after hours. It was a mistake that the agreement was printed on Senate letterhead, Kott said. “The senator feels it was a mistake, and we’ve notified the Ethics Committee to see if there’s anything we need to do,” Kott said. “They haven’t responded, but we already self-reported it.” Morgantown lawyer Michael Benninger, who filed the lawsuit on John Manchin’s behalf, did not return multiple phone calls Thursday or Friday. Reached at his clinic in Fairmont on Thursday, John Manchin referred questions about the lawsuit to his attorney, Since at least the early 2000s, Wellington had been working on a proposal to build a 525-megawatt power plant along the Monongahela River at Nemacolin. According to court records, the facility was being designed to burn a mixture of newly mined coal and coal wastes that would have been recovered from “gob” piles from the former Nemacolin Coal/Buckeye Coal facility. Promoters touted their belief that the project would clean up nearly 3,000 acres of degraded former mining property. Court records say the plant, if built, would have been “the largest waste-coal-fired facility” of this type in the country. A challenge from the Sierra Club and other groups was thrown out and, as recently as December 2012, the company was trying to obtain required Clean Water Act authorization from the U.S. Army Corps of Engineers. In early February of this year, though, Wellington wrote to the Pennsylvania Department of Environmental Protection to withdraw its state permit. Wellington official Stanley Sears wrote that “present conditions, as witnessed throughout the U.S., make it virtually impossible to finance and construct this kind of facility.” The letter complained about environmental groups that opposed the project and thanked “all of the many citizens, groups and local government agencies that supported this project over the years.” In his lawsuit, John Manchin also claims that: | According to the July 2012 agreement, if there was a delay in paying him back, he was entitled to one-third interest in coal reserves and brokerage businesses and other incorporated businesses owned by Joe and Roch Manchin. | Manchin Brothers, a company formed by the three brothers, was terminated without John Manchin’s knowledge or consent. According to the lawsuit, John Manchin believes its funds, assets and property were transferred to Wholesale Carpet Inc., which Manchin Carpet Center was reorganized into in the early 1990s. John Manchin claims that assets from Manchin Brothers were transferred to Manchin Enterprises — controlled by Joe Manchin and his son, Joseph Manchin IV — and others. | On numerous occasions, John Manchin’s brothers falsely represented to him that he was one-third owner of Transcom Inc., which was incorporated in 1988. Transcom is now Farmington Resources. Sen. Manchin owns stock and accounts in Farmington Resources worth between $200,000 and $500,000, according to financial disclosure forms filed in May with the Senate. Sen. Manchin’s net worth is between $3.8 million and $11.5 million, according to his most recent financial disclosure forms. The wide range is because the forms require only a broad estimate of the value of each asset owned by the senator, not an exact amount. The lawsuit asks that John Manchin be compensated for what he’s lost and awarded one-third ownership interest in all coal reserves and businesses incorporated, formed and owned by his brothers during the time Manchin Brothers’ and Manchin Carpet Center’s funds, property and assets were being used. - See more at: http://www.wvgazette.com/article/20140724/GZ01/140729522#sthash.IPQDwDKp.dp… http://www.wvgazette.com/article/20140724/GZ01/140729522

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FW: Why The Fossil Fuel Industry Hates Wind Power
by James Kotcon 27 Jul '14

27 Jul '14

This article from Australia has some important concepts for the economics of renewables versus coal in America. JBK ________________________________ From: James Kotcon <jkotcon(a)gmail.com> Sent: Sunday, July 27, 2014 11:09 AM To: James Kotcon Subject: Fwd: [Coal Volunteers List] Why The Fossil Fuel Industry Hates Wind Power http://cleantechnica.com/2014/07/20/fossil-fuel-industry-hates-wind-power/ ---------- Forwarded message ---------- From: Spike Lewis <spike.lewis(a)gmail.com<mailto:spike.lewis@gmail.com>> Date: Tue, Jul 22, 2014 at 12:46 PM Subject: [Coal Volunteers List] Why The Fossil Fuel Industry Hates Wind Power To: "LA Beyond Coal Team/Energy Activists." <COAL-LA-ENERGY-ACTIVISTS(a)lists.sierraclub.org<mailto:COAL-LA-ENERGY-ACTIVISTS@lists.sierraclub.org>>, Coal Alerts <coal-volunteers-list(a)sierraclub.org<mailto:coal-volunteers-list@sierraclub.org>>, coal no new <nonewcoalplants(a)energyjustice.net<mailto:nonewcoalplants@energyjustice.net>> Happy Tuesday, Coal Fighters! Opponents of clean energy are quick to tell you the myth of how expensive energy efficiency, solar, and wind are. What they are really worried about is how clean energy causes the price of dirty energy to decrease when fossil fuels make their most profits. Thanks to LA Beyond Coal Campaign Volunteer Leader Kent Minault for first bringing this concept to our attention. Today's inspiration is from Cleantechnica<http://cleantechnica.com/2014/07/20/fossil-fuel-industry-hates-wind-power/>. Thank you for your time and consideration, Spike -- Spike Lewis -- 310.487.8160<tel:310.487.8160> Volunteer Organizer, LA Beyond Coal Campaign -- 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 neha.mathew(a)sierraclub.org<mailto:neha.mathew@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<mailto:coal-volunteers-list+unsubscribe@sierraclub.org>. To post to this group, send email to coal-volunteers-list(a)sierraclub.org<mailto:coal-volunteers-list@sierraclub.org>.

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Re: [EC] WHAT ELSE IS OUT THERE WE DONT KNOW ABOUT THIS GUY? A GOB PLANT? YOU'RE KIDDING. AND EPA, THAT MEANIE.....
by James Kotcon 27 Jul '14

27 Jul '14

Actually, Pennsylvania's Standard was adopted a few years before West Virginia's, and had two standards, one for "renewable" energy sources and one for "alternative". Then-Gov. Manchin adopted this approach with his bill, but weakened it further by making the sources interchangeable. Thus, WV utilities did not have to add ANY renewable sources to meet the WV standard, whereas PA utilities did have to add some wind and solar. But FBC gob burners do qualify as "alternative" under WV law, so they would obviously like to be included in PA as well. JBK PS. The fact sheet below is a little dated, as most of the 1950's era plants have already been or will be shut down next year by the new Mercury and Air Toxics standards. Coal plants with scrubbers will meet the MATS, and therefore are cleaner than FBC plants for most pollutants. PPS. We were somewhat involved in the Nemacolin plant permitting some years ago. I still have the files from when the sent me a subpoena for all records and communications on their air permit. So I sent the about 500 pages of stuff, but since all we did was cite facts, they never followed up (apparently "facts" were not helpful to their legal case). :-) ________________________________ From: Gary Zuckett <garyz(a)wvcag.org> Sent: Saturday, July 26, 2014 11:47 PM To: 'William V. DePaulo, Esq.'; 'Emmett Pepper'; '5811253# Cathy'; 'David Schlissel'; 'Elise Keaton'; 'Brown Paul Corbit'; 'Sconyers Jim'; 'Price Bill'; 'Chad Cordell'; 'Jim Waggy'; 'William Hall'; 'Doug Wood'; maya(a)chemsafety.org; 'WV Chapter Energy Committee'; duane330(a)aol.com; daniel.chiotos(a)gmail.com; 'Mark Kresowik'; 'David Muhly'; 'Zachary Fabish'; James Kotcon Subject: RE: WHAT ELSE IS OUT THERE WE DONT KNOW ABOUT THIS GUY? A GOB PLANT? YOU'RE KIDDING. AND EPA, THAT MEANIE..... “The waste coal industry is pushing aggressively to include their proposed facilities in the Pennsylvania Renewable Portfolio Standard<http://www.actionpa.org/cleanenergy/>, despite the fact that waste coal is not renewable energy and that waste coal power plants are dirtier than coal power plants.” From end of Waste Coal article. Tell me if I’m wrong but I think it was Gov Manchin’s that pushed through waste coal into our WV Renewable Porfolio… GZ From: William V. DePaulo, Esq. [mailto:william.depaulo@gmail.com] Sent: Saturday, July 26, 2014 8:43 AM To: Emmett Pepper; 5811253# Cathy; Gary Zuckett; David Schlissel; Elise Keaton; Brown Paul Corbit; Sconyers Jim; Price Bill; Chad Cordell; Jim Waggy; William Hall; Doug Wood; maya(a)chemsafety.org; WV Chapter Energy Committee; duane330(a)aol.com; daniel.chiotos(a)gmail.com; Mark Kresowik; David Muhly; Zachary Fabish; James Kotcon Subject: Re: WHAT ELSE IS OUT THERE WE DONT KNOW ABOUT THIS GUY? A GOB PLANT? YOU'RE KIDDING. AND EPA, THAT MEANIE..... Jim Kotcon in North and the rest of you down here.....I agree we need to seize the moment to go after Manchin on this....a short version of this story has gone around the country already.....the gazette article is far more detailed.....i sent it to a new york times reporter who covered west va in january.....we already knew Manchin was making millions from what in the past was described as a coal brokerage business.....this is way beyond brokering.....it relates directly to the motives for his opposition to EPA standards.......one opening appears to be the Senate reporting requirements.....there may be a reporting exemption for loans from a family member, but i'll be fifty cents that at least some of these loans/debts were to a corporate entity of some type--and were NOT exempt from reporting..... LEGAL FOOTNOTE: The West Virginia Constitution provides for impeachment of an "officer of the state" as follows: 4-9. Impeachment of officials. Any officer of the state may be impeached for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor. The House of Delegates shall have the sole power of impeachment. The Senate shall have the sole power to try impeachments and no person shall be convicted without the concurrence of two thirds of the members elected thereto. When sitting as a court of impeachment, the president of the supreme court of appeals, or, if from any cause it be improper for him to act, then any other judge of that court, to be designated by it, shall preside; and the senators shall be on oath or affirmation, to do justice according to law and evidence. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold any office of honor, trust or profit, under the state; but the party convicted shall be liable to indictment, trial, judgment, and punishment according to law. The Senate may sit during the recess of the Legislature for the trial of impeachment BOTTOM LINE: WE CANT LET THIS MOMENT PASS WITHOUT EMPTYING ALL AVAILABLE CARTRIDGES. SEE BELOW FOR ENVIRONMENTAL JUSTICE WEB PAGE ON COAL GOB -- THE WORST OF THE WORST -------------------- Waste Coal Burning Waste Coal is Much More Polluting than Burning Coal [Printable PDF factsheet on waste coal<http://www.energyjustice.net/files/coal/wastecoal/factsheet.pdf>] [Nemacolin Gob Pile in Greene County, PA] Nemacolin Gob Pile in Greene County, PA What is waste coal? Waste coals are the low-energy-value discards of the coal mining industry. Waste coal is called "culm" in the eastern Pennsylvania anthracite coal region and "gob" or "boney" in the bitiminous coal mining regions (western Pennsylvania, West Virginia and elsewhere). Waste coal piles accumulated mostly between 1900 and 1970. The piles look like hills or small mountains that are dark and barren. Hundreds of millions of tons of waste coal and rock litter the landscape in mining states. Why is it a problem? Waste coal piles leach iron, manganese and aluminum pollution into waterways and cause acid drainage that kills neighboring streams. These piles sometimes even catch fire, releasing toxic pollution into the air. <http://www.energyjustice.net/coal/wastecoal/facilities>[Map of Waste Coal plants in the U.S.]<http://www.energyjustice.net/coal/wastecoal/facilities><http://www.energyjustice.net/coal/wastecoal/facilities> Click here for a list of existing and proposed waste coal facilities<http://www.energyjustice.net/coal/wastecoal/facilities> Where is waste coal being burned? There are currently 18 waste coal burning power plants, and 13 more that use it as a secondary fuel, with bituminous coal as their primary fuel. Fourteen of the 18 waste coal plants are in Pennsylvania. Over a dozen more are proposed, mostly in PA, WV and KY. There are also now proposals for coal-to-oil<http://www.ultradirtyfuels.com> refineries, some of which would use waste coal to produce liquid fuels. [http://www.energyjustice.net/files/coal/wastecoal/c-btuchart.gif]Low energy value Nationally, waste coal has an average of 60% of the BTU value (British Thermal Units, a unit of energy) of normal coals. It can take up to twice as much waste coal to produce the same amount of electricity. This means that -- in most places -- waste coal burners can only be economically built where huge volumes of waste coal exist. It would cost too much to truck far-away low-BTU fuel to a centralized burner. Consequently, even if waste coal burning were a clean solution, it wouldn't deal with the problem of more isolated waste coal piles. [http://www.energyjustice.net/files/coal/wastecoal/c-hgconc.gif] Waste Coal has More Mercury Waste coal has higher concentration of mercury than normal coals. In West Virginia and nationally, gob has 4 times more mercury than bituminous coal. In Pennsylvania, gob has 3.5 times more mercury than bituminous coal. Culm has 19% more mercury than anthracite coal. Bituminous waste coal also has higher levels of sulfur (see chart below<http://www.energyjustice.net/coal/wastecoal#sulfur>). [This is based on thousands of samples collected in 1999 by the U.S. Environmental Protection Agency. Click here for more details on mercury content in coals and waste coals<http://www.energyjustice.net/coal/wastecoal/epa-icrdata.html>.] Data on other metals in waste coal is sparse, but evidence from single metals tests on Pennsylvania culm and gob show both to have about 4 times as much chromium and 3 times as much lead. [http://www.energyjustice.net/files/coal/wastecoal/c-hgperbtu.gif]More Mercury Per Megawatt Since more waste coal must be burned to produce the same amount of electricity as normal coal would, this means that -- in the states most affected by waste coal burning -- over 6 times as much mercury must be fed into a waste coal burner to produce the same amount of energy as a traditional coal power plant. For culm vs. anthracite coal, it takes nearly twice as much mercury. Where Does the Mercury Go? Older coal power plants could not handle waste coal. In the late 1980's "circulating fluidized bed" (CFB) style power plants were built which could burn the low-energy waste coal. Because they were built after the 1970 Clean Air Act, these CFB power plants have pollution control equipment that the old ones don't have. This makes it easy for the waste coal industry to make the claim that their air emissions are cleaner than 1950s-era coal power plants. Comparing apples to apples, it is more accurate to compare air emissions from waste coal burners to the new coal power plants being proposed. The currently proposed Longview<http://www.nolongview.org> bituminous coal power plant in Fort Martin (near Morgantown, WV) would have lower emissions than the currently proposed gob burner in nearby Nemacolin<http://www.truthaboutgob.org> (Greene County, PA). Other Air Emissions Combustion creates problems that simply don't exist if the waste coal is left unburned. Anytime you burn coal or waste coal, polycyclic aromatic hydrocarbons (PAHs)<http://www.dhfs.state.wi.us/eh/ChemFS/fs/PAH.htm> are created that were not present in the unburned waste coal. Polycyclic aromatic hydrocarbons<http://www.checnet.org/healthehouse/chemicals/chemicals-detail-print.asp?Ma…> have a range of toxicity. Any time you burn anything with less than complete combustion, you also create nitrogen oxides (NOx)<http://www.scorecard.org/chemical-profiles/summary.tcl?edf_substance_id=EDF…> and products of incomplete combustion (PICs). Since the number of possible PICs is unlimited, the potential toxicity of the PICs is uncertain. [See studies on how fluidized bed waste coal burners release more cancer-causing PAH's<http://www.energyjustice.net/coal/pah/> as well as 15% more global warming pollution and increased carbon monoxide than conventional burners.] Toxic Ash Burning waste coal doesn't make the waste go away. If 100 tons of waste coal are burned, 85 tons will remain as waste coal ash. Since far more mercury and other toxic contaminants enter a waste coal burner to produce a given amount of electricity, these high levels of toxic contaminants have to come out somewhere. Toxic metals cannot be destroyed by burning them. To the extent that they are captured in pollution controls (protecting the air), they are then concentrated in the highly toxic ash that ultimately threatens the groundwater wherever this ash is dumped. Waste coal burners have cleaner air emissions than antiquated coal plants due to their better pollution controls, but this only means that the ash is far more toxic, since the highly toxic particulates captured in pollution control equipment end up in the ash. The industry claims that 99.8% of the mercury in the fuel is captured and ends up in their ash. Waste coal ash is dumped in communities not far from the waste coal burners, threatening the groundwater with leaching lead, mercury and other poisons. Power plant waste is allowed to be dumped without the basic protections (landfill<http://www.ejnet.org/landfills/> liners) that are required for dumping household trash. When burning any solid fuel, the resulting ash has a higher surface area than the raw, unburned material. The dangers of toxic leaching from ash can be expected to be greater than from the unburned waste coal. Just like with coffee, running water over coffee grounds leaches far more coffee out than if you ran water over whole coffee beans. The industry claims that by injecting limestone into the ash, the ash becomes impervious to leaching. However, this has not been proven and it seems likely that the alkaline affects of the lime would afford only temporary protection, especially since the region where most of the waste coal burners are (Pennsylvania, West Virginia) suffers from the nation's worst acid rain<http://nadp.sws.uiuc.edu/isopleths/maps2001/phlab.gif>. The waste coal burning industry's own data shows that waste coal ash does in fact leach metals into groundwater, despite their public assertions. Ash at 2 of 12 facilities studied in Pennsylvania were shown to contain levels of arsenic higher than the maximum allowable concentration set forth for land application of sewage sludge<http://www.ejnet.org/sludge/>. Of 221 samples of leachate from waste coal ash at the ash dumps, lead contamination in 23 samples (10.4%) exceeded a level 10 times higher than EPA's maximum contaminant level (MCL) for drinking water. Six samples exceeded this "10 times the drinking water standard" level for cadmium, as did single samples for chromium and selenium. Click here for a list of waste coal ash dumps in the U.S.<http://www.energyjustice.net/coal/ashdumps> <http://www.erosioncontrol.com/ec_0007_beach.html>[http://www.energyjustice.net/files/coal/wastecoal/beachgrass-before.jpg]<http://www.erosioncontrol.com/ec_0007_beach.html><http://www.erosioncontrol.com/ec_0007_beach.html> Beach Grass: the Safe and Affordable Alternative to Burning Waste Coal Researchers at the Natural Resources Conservation Service found a very cheap and viable alternative to the conventional waste coal pile remediation method of grading, topsoiling, seeding and mulching. They found that beach grass, native to sandy beaches, thrives in waste coal piles and can establish enough plant cover to enable native plants to take root. This method has been shown to bring life back to long-dead waste coal piles for only 6-10% of the cost of conventional methods. Within a few years, beach grass enabled native plants to take over, allowing organic matter to accumulate around plants, forming a plant layer that stopped erosion, held water, cooled the surface, and looked better. <http://www.erosioncontrol.com/ec_0007_beach.html>[http://www.energyjustice.net/files/coal/wastecoal/beachgrass-after.jpg]<http://www.erosioncontrol.com/ec_0007_beach.html><http://www.erosioncontrol.com/ec_0007_beach.html> Gob Pile Recovered by Planting Beach Grass For more details, read: * Beach Grass: Bringing the Seashore to the Mountains<http://www.erosioncontrol.com/ec_0007_beach.html> (Erosion Control Feature Article, July/August 2000). * Succession on a Coal Mine Gob Pile Stabilized With 'Cape' American Beachgrass<http://www.energyjustice.net/coal/wastecoal/beachgrass> The waste coal industry is pushing aggressively to include their proposed facilities in the Pennsylvania Renewable Portfolio Standard<http://www.actionpa.org/cleanenergy/>, despite the fact that waste coal is not renewable energy and that waste coal power plants are dirtier than coal power plants. The waste coal industry argues that the best solution to waste coal piles is burning them, while other cleaner and safer alternatives exist. Rather than liberate the toxic contaminants by burning them, it is preferable to remediate the waste coal piles in a way that reduces the problems associated with the piles without creating new problems. ________________________________ [http://www.energyjustice.net/files/coal/wastecoal/c-sulfurchart.gif] Energy Justice Network, 1434 Elbridge St, Philadelphia, PA 19149 | 215-743-4884<tel:215-743-4884> | niaby(a)energyjustice.net<mailto:niaby@energyjustice.net> | Site Map<http://www.energyjustice.net/sitemap> On Sat, Jul 26, 2014 at 7:59 AM, William V. DePaulo, Esq. <william.depaulo(a)gmail.com<mailto:william.depaulo@gmail.com>> wrote: [Print] <http://www.wvgazette.com/apps/pbcs.dll/article?AID=/20140724/GZ01/140729522…> Thursday, July 24, 2014 Sen. Manchin’s brother sues him, other brother over $1.7 million loan By Kate White<http://www.wvgazette.com/apps/pbcs.dll/section?category=staff&template=staf…>, Staff writer [http://www.wvgazette.com/apps/pbcsi.dll/storyimage/CH/20140724/GZ01/1407295…] Gazette file photo Sen. Joe Manchin, D-W.Va., talks during a meeting in Charleston in January 2013. The senator and his brother were sued by another brother this week over an allegedly unpaid loan of more than $1.7 million. * Manchin v Manchin Complaint pdf file<http://www.wvgazette.com/assets/PDF/CH6201725.pdf> FAIRMONT, W.Va. — U.S. Sen. Joe Manchin’s brother has sued the senator and another brother over more than $1.7 million that allegedly was loaned to keep a family business afloat decades ago. The lawsuit was filed Wednesday by Dr. John Manchin against his brothers, Joe and Roch Manchin, in Marion County Circuit Court. According to the lawsuit, Joe and Roch Manchin requested the money in the 1980s from their brother “in response to Manchin Carpet Center’s distressed financial condition.” John Manchin loaned them more than $1.7 million, all of which was provided to the business’ primary creditor, Community Bank and Trust, according to the lawsuit. Joe and Roch Manchin promised to repay their brother on repeated occasions, most recently in July 2012, according to the lawsuit. The loan does not appear on Sen. Manchin’s financial disclosure forms<https://efdsearch.senate.gov/search/view/annual/a50e409b-350b-4056-b0bf-165…>, filed with the U.S. Senate. The Senate Ethics Committee requires disclosure<http://www.ethics.senate.gov/public/index.cfm/files/serve?File_id=60916d73-…> of any debt valued at more than $10,000, but there is an exemption for a “personal liability” owed to a close family member, including a brother. The July 2012 “funds sharing agreement” attached to the lawsuit describes how money from a proposed power plant in Greene County, Pennsylvania, would be split among the three Manchin brothers. The Nemacolin plant was being developed by Wellington Development, a Fairmont-based company. Under the 2012 agreement, Sen. Manchin would deduct what he put into the project, and then John Manchin would get the first $1 million of profit. Any subsequent profit would be divided among all three brothers for as long as they survive. The agreement was signed by Joe and Roch Manchin, and sent by Kirtan Mehta, chief counsel to the senator. It was dated July 25, 2012, with a U.S. Senate letterhead. Jonathan Kott, a spokesman in Manchin’s Senate office, said Friday afternoon that Mehta did the personal work for Manchin at home, after hours. It was a mistake that the agreement was printed on Senate letterhead, Kott said. “The senator feels it was a mistake, and we’ve notified the Ethics Committee to see if there’s anything we need to do,” Kott said. “They haven’t responded, but we already self-reported it.” Morgantown lawyer Michael Benninger, who filed the lawsuit on John Manchin’s behalf, did not return multiple phone calls Thursday or Friday. Reached at his clinic in Fairmont on Thursday, John Manchin referred questions about the lawsuit to his attorney, Since at least the early 2000s, Wellington had been working on a proposal to build a 525-megawatt power plant along the Monongahela River at Nemacolin. According to court records, the facility was being designed to burn a mixture of newly mined coal and coal wastes that would have been recovered from “gob” piles from the former Nemacolin Coal/Buckeye Coal facility. Promoters touted their belief that the project would clean up nearly 3,000 acres of degraded former mining property. Court records say the plant, if built, would have been “the largest waste-coal-fired facility” of this type in the country. A challenge from the Sierra Club and other groups was thrown out and, as recently as December 2012, the company was trying to obtain required Clean Water Act authorization from the U.S. Army Corps of Engineers. In early February of this year, though, Wellington wrote to the Pennsylvania Department of Environmental Protection to withdraw its state permit. Wellington official Stanley Sears wrote that “present conditions, as witnessed throughout the U.S., make it virtually impossible to finance and construct this kind of facility.” The letter complained about environmental groups that opposed the project and thanked “all of the many citizens, groups and local government agencies that supported this project over the years.” In his lawsuit, John Manchin also claims that: | According to the July 2012 agreement, if there was a delay in paying him back, he was entitled to one-third interest in coal reserves and brokerage businesses and other incorporated businesses owned by Joe and Roch Manchin. | Manchin Brothers, a company formed by the three brothers, was terminated without John Manchin’s knowledge or consent. According to the lawsuit, John Manchin believes its funds, assets and property were transferred to Wholesale Carpet Inc., which Manchin Carpet Center was reorganized into in the early 1990s. John Manchin claims that assets from Manchin Brothers were transferred to Manchin Enterprises — controlled by Joe Manchin and his son, Joseph Manchin IV — and others. | On numerous occasions, John Manchin’s brothers falsely represented to him that he was one-third owner of Transcom Inc., which was incorporated in 1988. Transcom is now Farmington Resources. Sen. Manchin owns stock and accounts in Farmington Resources worth between $200,000 and $500,000, according to financial disclosure forms filed in May with the Senate. Sen. Manchin’s net worth is between $3.8 million and $11.5 million, according to his most recent financial disclosure forms. The wide range is because the forms require only a broad estimate of the value of each asset owned by the senator, not an exact amount. The lawsuit asks that John Manchin be compensated for what he’s lost and awarded one-third ownership interest in all coal reserves and businesses incorporated, formed and owned by his brothers during the time Manchin Brothers’ and Manchin Carpet Center’s funds, property and assets were being used. Mary Manchin, mother of the brothers, died in May at age 91. The family is from Marion County. A Gazette reporter obtained a copy of the lawsuit from the Marion County Courthouse on Friday. The previous day, employees in Marion County Circuit Clerk Rhonda Starn’s office had refused to provide a copy of the lawsuit. Starn told her employees “to transfer all incoming calls regarding this case directly to her,” a clerk in Starn’s office said Thursday morning. Starn did not return a phone message and did not answer several phone calls throughout Thursday. Starn’s office has a policy that lawsuits remain private until a defendant is served, according to the clerk. Another clerk in Starn’s office had said Thursday that the lawsuit might not be public for 20 to 30 days. The Gazette notified officials with the West Virginia Supreme Court about the county’s policy. Officials with the Supreme Court, which oversees all circuit courts in West Virginia, contacted Starn’s office. At about 4:45 p.m., Robin Tucker, Starn’s deputy clerk, called the Gazette and said the clerk’s office had closed at 4:30 p.m. and that a reporter could obtain a copy of the lawsuit at 8:30 a.m. Friday for $1 a page. The amount must be paid by cash or money order before a copy is provided, Tucker said. Circuit clerk offices throughout the state usually provide information and, if they charge anything, send a bill. “Honey, we don’t bill. We have no way to bill,” Tucker said. “All of the information is in our system. You’re welcome to look at it in the morning.” Staff writers David Gutman and Ken Ward Jr. contributed to this report. Reach Kate White at kate.white(a)wvgazette.com<mailto:kate.white@wvgazette.com>, 304-348-1723<tel:304-348-1723> or follow @KateLWhite on Twitter. - See more at: http://www.wvgazette.com/article/20140724/GZ01/140729522/1419#sthash.RA5uey… -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel 304-342-5588<tel:304-342-5588> Fax 304-342-5505<tel:304-342-5505> william.depaulo(a)gmail.com<mailto:william.depaulo@gmail.com> www.passeggiata.com<http://www.passeggiata.com> -- 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<mailto:william.depaulo@gmail.com> www.passeggiata.com<http://www.passeggiata.com>

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