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Fw: Register-Herald re Sierra Club MTR litigation victory - Powellton
by Jim Sconyers 18 Feb '10

18 Feb '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Wed, 2/17/10, Aaron Isherwood <aaron.isherwood(a)sierraclub.org> wrote: From: Aaron Isherwood <aaron.isherwood(a)sierraclub.org> Subject: Register-Herald re Sierra Club MTR litigation victory - Powellton To: "Jim Sconyers" <jim_scon(a)yahoo.com>, "Regina Hendrix" <reginahendrix999(a)gmail.com>, "William DePaulo" <william.depaulo(a)gmail.com> Date: Wednesday, February 17, 2010, 4:32 PM Judge rules against Powellton for Clean Water Act violations Published: February 16, 2010 03:42 pm Judge rules against Powellton for Clean Water Act violations By Courtney D. Clark The Register-Herald A federal judge has ruled in favor of the Sierra Club and the Ansted Historic Preservation Council in a federal Clean Water Act and Surface Mining Control and Reclamation Act enforcement action against Powellton Coal Co. Powellton Coal has as a mining complex in the Jodie/Ansted area. According to the AHPC, which filed suit with the Sierra Club in November 2008, Powellton has three Clean Water Act permits that govern discharges into the Rich Creek tributary of the Gauley River. “This is about water … the quality and the quantity of water,” Katheryne Hoffman, president of the Ansted Historic Preservation Council, told The Register-Herald. The plaintiffs stated that between March 1, 2006, and March 31, 2009, Powellton Coal accrued at least 6,767 violations of the Clean Water Act and SMCRA as a result of its discharges in the nation’s waters. On Feb. 3 in Charleston, U.S. District Judge John T. Copenhaver Jr. denied Powellton’s motion for summary judgment. However, the judge did not give the Preservation Council and Sierra Club a full victory as their motion was in part granted and in part denied. The plaintiffs alleged violations of 20 to 30 outfalls on each permit, and according to the AHPC, Copenhaver ruled in their favor on 18 of those violations. Copenhaver denied the remainder of the parameters until he can hear more evidence that proves the violation is ongoing. Hoffman says she believes the suit is another step forward in holding Powellton Coal accountable. “Rich Creek is a trout stream, which flows into the Gauley River, thus into the New and the Kanawha, potentially polluting all,” she continued. “The near areas to this operation are riddled with old mine works and tunnels, which hold water. Blasting and removal of the soil and trees and undergrowth could easily result in flooding in the Ansted/Jodie area.” Many of the rocks in the area are silica and one of the coal seams is full of toxic selenium, she added, explaining Powellton’s permit states that if the toxin is not handled quickly and correctly, damage could be irreversible. “Gauley Mountain is rich in history, the scene of the greatest industrial accident ever to occur in this country,” Hoffman said, referring to those who died at Hawks Nest Tunnel. “Its mountains are steep; the forests are beautiful and wild. Its trails are perfect for hiking, four-wheeling and birding.” The potential for tourism in the area is being overlooked, she says. “If coal is to be mined, it should be underground,” she added. “The MTR (mountaintop removal) method is too destructive. “Companies should protect their underground miners and obey the existing laws put in place to care for the environment and the citizens. The future of Fayette County depends on it.” The AHPC said there is no specific time frame set for a trial on the remaining violations or the determination of Powellton’s punishment. A spokesman for Powellton Coal declined to comment.

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Fwd: [WVaPATH] A little more info on HB4403
by Jim Sconyers 16 Feb '10

16 Feb '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. --- On Tue, 2/16/10, Tina Rappaport <tinazipp(a)gmail.com> wrote: From: Tina Rappaport <tinazipp(a)gmail.com> Subject: Fwd: [WVaPATH] A little more info on HB4403 To: Date: Tuesday, February 16, 2010, 8:29 AM This just in from Ali Haverty & Bill Howley (Calhoun Cnty). Please continue to pass along this information!! Thanks! My best always, Tina Rappaport,Calhoun ---------- Forwarded message ---------- From: Haverty Family <haverty6(a)frontiernet.net> Date: Tue, Feb 16, 2010 at 8:02 AM Subject: Fwd: [WVaPATH] A little more info on HB4403 Update from Bill on our first little victory is below, please read! As he mentions below, 4403 is now on the EIL agenda for Feb. 24 because of you and many others across the state doing a little something! Bill mentions below that it is important to contact the whole committee, let's start with Walker and reply to the group if you get any word from him. Or if you have good info on another delegate, let's share to save time and resources. Any other suggestion anyone? Thanks to all, Ali Energy, Industry & Labor/ Economic Development & Small Business Committee Committee MembersDelegate Barker - Chair Energy, Industry and Labor larry.barker(a)wvhouse.gov 304 340-3149 Delegate Shaver - Vice-Chair Energy, Industry and Labor sshaver(a)mail.wvnet.edu 304 340-3146 placed 4403 on agenda Delegate Kominar - Chair Economic Development and Small Business kominar(a)verizon.net 304 340-3186 Delegate Craig - Vice-Chair Economic Development and Small Business kjcraigwv(a)aol.com 304 340-3350 Delegate Sobonya - Minority Chair Energy, Industry and Labor sobonya4wvhouse(a)aol.com 304 340-3175 Delegate Miller, C. - Minority Vice-Chair Energy, Industry and Labor carolmil(a)mail.wvnet.edu 304 340-3176 Delegate Blair - Minority Chair Economic Development and Small Business craig(a)delegatecraigblair.com 304 340-3122 Delegate Andes - Minority Vice-Chair Economic Development and Small Business tandes(a)mail.wvnet.edu 304 340-3121 Delegate Brown bbrown1(a)mail.wvnet.edu 304 340-3106 Delegate Butcher gbutcher(a)mail.wvnet.edu 304 340-3113 Delegate Caputo mike.caputo(a)wvhouse.gov 304 340-3249 Delegate Fleischauer barbaraf(a)mail.wvnet.edu 304 340-3169 co-sponser of 4403 Delegate Guthrie nguthrie(a)mail.wvnet.edu 304 340-3156 Delegate Klempa oklempa(a)mail.wvnet.edu 304 340-3378 Delegate Mahan vmahan(a)mail.wvnet.edu 304 340-3102 Delegate Manypenny mmany(a)mail.wvnet.edu 304 340-3139 co-sponser of 4403 Delegate Marshall chmarsh(a)mail.wvnet.edu 304 340-3900 supports 4403 Delegate Martin dmartin1(a)mail.wvnet.edu 304 340-3134 Delegate Paxton bpaxton(a)mail.wvnet.edu 304 340-3337 Delegate Skaff dskaff(a)mail.wvnet.edu 304 340-3362 Delegate Walker dwalker(a)mail.wvnet.edu 304 340-3135 Calhoun/Clay delegate Delegate Hamilton bhamilt(a)mail.wvnet.edu 304 340-3167 Delegate McGeehan mcgeehan(a)mail.wvnet.edu 304 340-3120 Delegate Schoen pschoen(a)mail.wvnet.edu 304 340-3141 Delegate Shott jhshott(a)mail.wvnet.edu 304 340-3179 Begin forwarded message: From: Bill Howley <billhowley(a)hughes.net> Date: February 15, 2010 7:04:27 PM EST To: WVaPATH Subject: [WVaPATH] A little more info on HB4403 Del. Stan Shaver, acting chairman of the House Energy, Industry & Labor Committee, is in a bit of a bind. Chairman Barker had most of his committee meeting agendas set for the next week or so with bills that the Chairman wanted to take up. Del. Shaver is on our side, but he also does not want to make Chairman Barker mad by bumping a bill Del. Barker wanted. I have just heard that Del. Shaver was able to put 4403 on the EIL Committee's agenda for Wednesday, Feb. 24. That is great, because that is E-Day when a lot of us will be at the Capitol. Del. Shaver made the extra effort and went to House Speaker Rick Thompson to get permission to hold a special committee meeting to consider some extra bills pending in the committee, including 4403. Between now and Feb. 24, we need to call all the EIL committee members to urge them to support HB4403. Here are some talking points to use: 4403 will protect the rights of property owners by giving them individual notice at the beginning of the PSC process so they can participate in the transmission line case. New transmission projects that will be coming before the PSC are bigger regional lines with multi-state impacts. 4403 would require that the PSC put the interests of WV consumers and land owners ahead of power companies' regional profit making ventures. New transmission projects have wide ranging impacts. 4403 will require the PSC to consider the full range of these impacts when they decided on certificates of need.Try to stay away from discussion of specific power line projects like TrAIL and PATH. Don't focus on issues like coal or other environmental issues. 4403 is about giving property owners the ability to protect their property and for West Virginians to participate fully in the PSC process leading to better outcomes in the future. This bill is about the PSC and how it operates. That is what legislators will want to know about. If we stay focused on the PSC process, we can win a lot of supporters who may not understand all of the complexities of PATH and TrAIL. Keep it simple. Stay focused on the talking points. Two or three votes next Wednesday in the EIL Committee will make us or break us. Start by calling some of the committee members who you don't think will support us. Call a few who you think might need to know more about it. Don't waste a lot of time talking to people who will already vote for the bill like Barbara Fleishauer or Charlene Marshall. Concentrate on the people we will need to convince. We discovered today with Stan Shaver that phone calls matter. He would never have gone out of his way to talk to the House Speaker if he hadn't heard from a lot of people in the last few days about 4403. Keep up the good work. Bill __._,_.___ Reply to sender | Reply to group RECENT ACTIVITY: New Members 1 Visit Your Group Start a New Topic Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use . __,_._,___

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Fwd: [WVaPATH] A little more info on HB4403
by James Kotcon 16 Feb '10

16 Feb '10

HB 4403 is our PSC Reform Act. It would require written notification of landowners along proposed transmission line routes, and consideration of indirect impacts, pretty much all the problems we found wrong with TrAIL. The attached e-mail says it all. Now is the time to get calls to the House Energy, Industry and Labor Committee members. Please call a few members who you have not talked to before. Jim Kotcon

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Fwd: ATTEND: coal activist call Wedn, Feb 17, 7 PM CT/ 8 ET
by Paul Wilson 15 Feb '10

15 Feb '10

fyi, paul, incase you are not on this listserve.... ---------- Forwarded message ---------- From: Verena Owen <verena_owen(a)prodigy.net> Date: Mon, Feb 15, 2010 at 10:36 AM Subject: ATTEND: coal activist call Wedn, Feb 17, 7 PM CT/ 8 ET To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org Friends, I hope you can join us for our next coal activist call on WEDNESDAY February 17 at 7PM CT/ 8ET. We will use our regular call-in number 1.866.501.6174 224.0743# Draft Agenda: 1. Introductions and social five minutes 2. Updates on old coal, new coal, destructive mining, and dirty fuels 3. Kurt Zwally, our MTR legislative staffer in DC, will talk about his work and upcoming events 4. Mini-workshop on the coal small grants program, SEE attached application 5. Roundup of what is happening in the states - please bring your stories, questions, concerns I am looking forward to talking to y'all! Verena Verena Owen Volunteer Co-Lead Beyond Coal Campaign verena.owen(a)sierraclub.org - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/ -- 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

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Governor's ash op-ed
by James Kotcon 14 Feb '10

14 Feb '10

Below is an op-ed released by the Governor's office, and posted on his web site at: http://www.wvgov.org/sec.aspx?id=32&articleid=1943 Ken Ward noted this on his Coal Tattoo blog: http://blogs.wvgazette.com/coaltattoo/2010/02/12/manchin-to-epa-leave-our-c… I am concerned that the Governor is misinformed (perhaps being deliberately misleading or misled) and that we need to prepare a substantial response. What the Governor calls "years of proven beneficial uses" is in reality, years of turning a blind eye to the hazards. There are very few comprehensive monitoring data available, and both EPA and the National Academies of Sciences have had to generate new data to write their reports of the actual risks, in large part because no one was previously required to monitor for the hazards in their ash. Even worse is the "green-washing" of calling land application "recycling". If I take my waste and dump it on the ground, it is called littering, or worse. If I dump it by the truckload, it may be a felony. But if a coal company does it, the Governor calls it "recycling". Is this what you think of when you hear the word "recycling". Is it time to call for a moratorium on new Coal Combustion By-product permits, at least for those permits claiming a "beneficial use"? How about an op-ed response? Or a letter to EPA and OMB? JBK >>>>> OP-ED: COAL ASH A BENEFICIAL RESOURCE IF SAFETY CONCERNS ARE PUT FIRST By: West Virginia Governor Joe Manchin, Chairman of the Southern States Energy Board Contact: Matt Turner, 304-558-3702 The U.S. Environmental Protection Agency is expected to propose new federal rules that would designate coal ash — a byproduct of using coal to generate electricity — as a “hazardous” waste. Such a decision would cause significant economic and environmental damage and I implore the EPA to evaluate the facts about coal ash recycling before making a decision. Coal fly ash has received a lot of attention following the December 2008 failure of a fly ash slurry impoundment in Tennessee. The safety of our citizens always takes first priority and every state should closely examine their fly ash impoundments, as our Department of Environmental Protection has done in West Virginia in the last year. But we must also separate the issues of the safety and benefits of the material and the faulty design and construction of the dam, which caused that horrible environmental tragedy in Tennessee. Jumping to classify coal ash as hazardous waste would neglect many dozens of years of proven beneficial uses of this byproduct. Hastily raising its status to “hazardous” could actually cause more environmental harm and place undue financial burden on countless thousands of Americans. According to EPA’s own figures, about 45 percent of all the coal ash generated by electric utilities in the country today is reused or recycled. Coal ash recycling is a multi-billion dollar industry that provides thousands of truly green jobs across our country. This reduces landfills and these beneficial products diminish acid mine drainage – a problem in many parts of the country. The EPA proposal would shut down the many U.S. businesses that recycle coal ash and similar materials into dozens of different products we use every day — from concrete to gypsum wall boards to roof shingles. According to the Electric Power Research Institute, designating coal ash as hazardous material would shut down 411 coal-based electric generating units in the Midwest and Southeast, costing some regions as much as 14 percent of their generating capacity. Industry figures show that in 2007, the cement and concrete industry used more than 14 million tons of coal ash. And, every year, thousands of concrete construction projects use coal combustion byproducts. For example, following the 2007 collapse of the Interstate 35W bridge in Minneapolis, the replacement span was built with high-performance concrete that uses coal ash. In West Virginia, coal ash was used to build the world-famous New River Gorge Bridge and the West Virginia Culture Center. The California Department of Transportation requires that concrete used in its construction projects contain at least 25 percent coal ash. This past year, the gypsum wallboard industry relied on more than 8 million tons of a material recycled from fly ash, called flue-gas desulfurization gypsum. In 2007, more than 56 million tons of ash were recycled for beneficial uses. The safety of fly ash was evaluated in 2000 by the Clinton administration, which determined after an exhaustive analysis that coal ash should not be designated as a “hazardous” waste. In fact, in the 10 years since that decision, the EPA has calculated that ash recycling by the cement and concrete industry alone has reduced carbon emissions by a staggering 117 million tons. For comparison, all the SUVs on our country’s roads emit about 70 million tons of carbon each year, according to the environmental group, Environmental Defense. This view is not uncommon. Every key federal agency that has weighed in on the issue — the departments of Energy, Interior, Agriculture and Transportation, the Small Business Administration, and the Army Corps of Engineers -- opposes regulating coal ash as hazardous waste. In addition, dozens of state policymakers, including groups like the National Governors Association and the Environmental Council of the States, along with numerous state environmental protection agencies, also oppose the designation of coal ash as hazardous waste. More than three dozen industry groups and individual companies — those whose businesses rely on coal combustion products — have made it clear that hazardous waste regulation is unnecessary and would have a devastating impact on the recycling of coal ash. Coal fly ash has many beneficial uses and deeming it a “hazardous waste” could have devastating consequences on industries that use this product, and on the families who rely on the jobs related to coal combustion products. In addition, the elimination of the recycling of fly ash because of such a designation would cause a significant negative environmental impact and actually could increase the carbon released to the atmosphere. For the sake of our environment, our economy, and our citizens who rely on the products and jobs from coal fly ash recycling, let’s hope the EPA and federal government consider these facts and make the right decision. Designating this material as hazardous is wrong. # # #

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Fwd: [wvec-board] Fwd: polluter harmony.com video
by James Kotcon 13 Feb '10

13 Feb '10

The attached link goes to a video that helps highlight Sen. Lisa Murkowski's efforts on behalf of the Clean Air Act. Enjoy & Happy Valentines. JBK

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Obama backs nuke loan guarantees
by Jim Sconyers 13 Feb '10

13 Feb '10

http://wvgazette.com/ap/ApTopStories/201002130095 Obama backs construction loans for nukes. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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Fwd: [WVaPATH] HB 4403 needs to be pushed hard
by James Kotcon 12 Feb '10

12 Feb '10

Jim, et al.: The time is now. Our PSC Reform Act to correct transmission line siting abuses (HB 4403) was introduced this week and is in the Energy, Industry and Labor Committee. We need to get phone calls, e-mails, and letters to the Committee members, and especially the Chair to encourage them to take up and pass the bill. Contact info for House members is at: http://www.legis.state.wv.us/House/members/delmemview1.cfm Or you can leave a message toll-free at 1-877-565-3447. Start those calls today! JBK Committee Members Delegate Barker - Chair Energy, Industry and Labor Delegate Shaver - Vice-Chair Energy, Industry and Labor Delegate Kominar - Chair Economic Development and Small Business Delegate Craig - Vice-Chair Economic Development and Small Business Delegate Sobonya - Minority Chair Energy, Industry and Labor Delegate Miller, C. - Minority Vice-Chair Energy, Industry and Labor Delegate Blair - Minority Chair Economic Development and Small Business Delegate Andes - Minority Vice-Chair Economic Development and Small Business Delegate Brown Delegate Butcher Delegate Caputo Delegate Fleischauer Delegate Guthrie Delegate Klempa Delegate Mahan Delegate Manypenny Delegate Marshall Delegate Martin Delegate Paxton Delegate Skaff Delegate Walker Delegate Hamilton Delegate McGeehan Delegate Schoen Delegate Shott >>> "John Christensen" <jbc329(a)earthlink.net> 2/12/2010 8:26 AM >>> HB 4403 is the transmission line siting bill on the house side requiring notice to be sent to landowners et al....we must get it out of EIL this week coming in order to move it through the house. Lets light up the phone, email, and snail mail lines to get it on the agenda in that committee. Barker is the chair. John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org __._,_.___ Reply to sender | Reply to group Recent Activity: Visit Your Group Start a New Topic MARKETPLACE Going Green: Your Yahoo! Groups resource for green living Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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Fwd: [wvec-board] Wind Turbine Indiana Bat mortality
by James Kotcon 11 Feb '10

11 Feb '10

FYI. JBK >>> Dave Cowan <dcowan(a)frontiernet.net> 2/11/2010 6:11 PM >>> FYI, the first confirmed kill of an Indiana Bat by a wind turbine. http://www.fws.gov/midwest/News/release.cfm?rid=177 Dave Cowan __._,_.___ Reply to sender | Reply to group Messages in this topic (2) Recent Activity: Visit Your Group Start a New Topic MARKETPLACE Going Green: Your Yahoo! Groups resource for green living Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use. __,_._,___

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Re: [EC] WV Net Metering Summary
by John Christensen 07 Feb '10

07 Feb '10

This is something I found this am concerning net metering programs and how WV ranks near the bottom as is...we got an F as usual, where as Va. got a C. John Christensen WV Environmental Council Lobby Team Member 410-499-4873 cell www.wvecouncil.org ----- Original Message ----- From: John Balasko To: jbc329@earthlink.net;fyoung@mountain.net;jkotcon@wvu.edu;billhowley@hughes.net;ec@osenergy.org;mjmb@westco.net;Larry;WVBiker98@aol.com Sent: 2/6/2010 11:39:44 PM Subject: WV Net Metering Summary The attachment contains a summary of WV's net metering "rules" as they now stand. I've copied from the site in case you are not able to open the attachment. http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=WV03R&re=1&… West Virginia - Net Metering Last DSIRE Review: 07/02/2009 Program Overview: State:West Virginia Incentive Type:Net Metering Eligible Renewable/Other Technologies:Photovoltaics, Landfill Gas, Wind, Biomass, Hydroelectric, Fuel Cells, Small Hydroelectric Applicable Sectors:Commercial, Residential Applicable Utilities:All utilities System Capacity Limit:25 kW Aggregate Capacity Limit:0.1% of utility's total load participation (utility tariff provision) Net Excess Generation:Credited to customer's next bill at retail rate REC Ownership:Not addressed Meter Aggregation:Not addressed Authority 1: West Virginia PSC Order, Case No. 06-0708-E-GI Date Enacted: 12/12/2006 Authority 2: West Virginia PSC Order, Case No. 06-0708-E-GI Date Enacted: 1/26/2007 Authority 3: HB 103 Date Enacted: 06/02/2009 Date Effective: 07/01/2009

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