Just Fighting for Appalachia

Where will we be on the practice of mountaintop removal, by the end of 2010. What, being an election year, role will this have on the impacts from MTR has on us all. It seems that we have our work cut out for us this coming year. With all the scientific evidence that’s been brought to the forefront, one would think that the Obama administration, would have all the arsenal it would need to ban the worst environmental disaster happening in this world today. but this administration, is backing off from this destructive process. when after the election, this administration said, and everyone heard them say it, “that they were going to use science, in making their determination, about the practice of mountaintop removal.” Permits pending are being looked at, that doesn’t mean that the blasting, and all the destruction that comes from MTR, is coming to a halt. In the coal fields, it hasn’t had any effect at all. Our houses still get shook every day, and now, it even seems more intense. Our creeks are still running black frequently, and it seems like the Obama administration has put this on the back burner to simmer. A couple of days before, one of a few scientific study’s, calling for an end to the practice, the EPA signed off of a permit to Hobet 45, in Lincoln county W.V. I wonder if the EPA ever considered the Mud River Lake, that Hobet has surrounded this lake for years, and that it is one of, if not the most polluted streams in the state, and possibly the entire country, from the high levels of selenium that comes off of this site, that the toxicity levels causes many fish to be deformed, like two eyes are on one side. Instead of enforcing the Clean Water Act, they are allowing Hobet to bury 3 miles of stream with mine WASTE, instead of the 6 miles originally applied for. That’s like saying, you can go out and beat a man half to death, just don’t kill him. The EPA also had Hobet to cut back, on their number of valley fills, which again is not enforcing The Clean Water Act. It seems that the EPA wants to minimize the impacts. They need to enforce the law, and stop all impacts, we have been dealing with impacts, for way to long, and there is no way that they can continue, with the same ole status qua, continuing breaking the law, and destroying people’s life, and their communities.

Has this administration sold out to the coal industry, and have fell to the propaganda, like so, so, many before them. With so many American’s unhappy with the actions, or in most situations so far, NO actions, we Americans have to keep pressuring this administration to act as the people speak. I think when Obama spoke of a change, he’s in his second year, and I think the change that he spoke of, was the change that was going to happen during his 4 years. The change will be, that once he’s reached mid-term, then he’s going change direction, and make a U-turn, and head for the homestretch, and then get the hell out of Dodge. We definitely have a ways to go, and a lot of work and solidarity amongst us, if we are going to save what’s left of our beautiful Appalachian Mountains, and save what little democracy we might have left today.

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Bought and Paid For

The old saying goes, West Virginia has the best politicians that “coal” money can buy. Check out the link

below, to see who really benefits from coal.http://www.wvoter-owned.org/reports/health_in_coalfields.pdf

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House Party Featuring “Coal Country”

Linda and I, will be hosting a house party, Nov. 14, 2009, from 6 to 9 pm, at our house, on Mattville Road, in Glen Daniel, WV. We will be showing Mary-Lynn’s new documentary, “Coal Country”. There will be a discussion on how to get involved, and what you can do, to stop the devastation of Appalachia, by the coal industry method of mining, mountaintop removal. There will also be discussion of how we can diversify our region, with ideas of bringing new jobs to our communities. We encourage everyone coming, to bring your ideas with you, so everyone participates in open discussions, on what we need to do, to bring prosperity to our region.  Our discussions will be very broad, covering things such as protecting our environment, our water, our homeland, and our way of living. We will be talking about impacts mountaintop removal has on us all, and also about how everyone is connected to the devastation, that is eliminating an entire culture of people. We hope to accomplish, to motivate, and energize people, to speak out, and how to take action, and that people’s voices will be heard. You know the saying, “a contented person, will never bring about change”. This is your chance to bring change to our communities, and we will be discussing just how we do that. It will be a very entertaining, and educating evening. We welcome all who would like to attend, and all who hasn’t got involved, but wants to. Here’s your chance, and there is no better, or more crucial time as now, so please come, with intentions of joining in, and sharing your opinions. See you Nov. 14th. Please call (304)934-0399, if you plan on attending, and for directions.

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Coalfield Uprising: Will Feds Take Down WVa Embarrassing DEP

Jeff Biggers

Author, The United States of Appalachia

This might be a first in the country: The failed West Virginia Department of Environmental Protection is emerging as such an embarrassingly pro-coal anti-mountain public relations nightmare for Gov. Joe Manchin that even retired coal miners have taken to the streets against the state’s environmental regulators, calling on the federal EPA and Office of Surface Mining to take over the key duties of the dysfunctional state agency.

UPDATE: Here is video footage of today’s protest and sit-in against mountaintop removal and the embarrassing state environmental regulators at the West Virginia Department of Environmental Protection. The video montage was put together by filmmaker Jordan Freeman for Coal Country (see: www.coalcountrythemovie.com )

The uprising in the Appalachian coalfields against failed state government action on mining policy is growing — today, coalfield residents took their protests directly to ground zero of the state’s regulatory failure.

Following 12 previous protests and civil disobedience actions in the Appalachian coalfields this spring and summer, a contingent of four protesters locked themselves to the WV DEP doorsin Charleston, WV in a nonviolent sit-in. Four protesters were reportedly arrested.

While the WVA Department of Environmental Protection carried out the “Blaster’s Exam” today, as part of its unfettered support for mountaintop removal mining and the daily detonation of 3.5 million pounds of ammonium nitrate/fuel oil explosives in historic mountain communities, scores of fed-up coal miners and coalfield residents also rallied at the agency’s office this morning. The protesters presented an embarrassingly long list of the agency’s failure to hold up its mandate to protect and restore the environment, ensure water quality, and enforce strip mining, and demanded the resignation of WV DEP Secretary Randy Huffman.

According to the coalfield residents, the DEP has failed to hold mining operators accountable for violations, refused to thoroughly address the potential dangers of coal slurry injection and to set permit limits for abandoned mine site discharge, and misled residents on regulatory actions.

The protestors posted condemnation signs: “Closed Due to Incompetence” and “Department of Encouraging Pollution.”

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“The WVDEP ignores or dismisses citizen complaints and refuses to exercise their duty to shut down operations with repeat violations or to deny permits to operators with outstanding violations,” retired West Virginia coal miner Chuck Nelson declared. “It is imperative that we restore the enforcement of all mining laws, so that citizens’ civil and human rights are upheld, and our families and homes are protected from the impacts of mining, and from the hazards of industrial waste.”

On Monday, August 10, in a rare call for federal intervention in this growing national emergency, coalfield citizen groups including Coal River Mountain Watch, Ohio Valley Environmental Coalition and West Virginia Highlands Conservancy, along with the Sierra Club and the Appalachian Center for the Economy and the Environment, formally petitioned the OSMRE to withdraw approval of the state’s surface mining program and substitute federal enforcement. The petition concludes:

“Given West Virginia’s refusal to enforce the law in the face of coal industry interests, we believe that the only remedy that will protect the State’s essential environmental resources is for OSM to substitute federal enforcement, in whole or in part, of the state’s surface mining program.”

The entire petition can be seen here:

Earlier this month, the EPA actually announced its intention to exert greater scrutiny over the WVDEP process of permit applications received for surface mining operations “with valley fills”.

Testifying last month at the first bipartisan US Senate hearing on mountaintop removal in a generation, DEP Secretary Huffman stunned the crowd by chucking his environmental protection mandate out the window and openly defended the reckless part of West Virginia’s Big Coal economy beholden to devastating mountaintop removal operations. Huffman defiantly lectured the US Senators: “West Virginia and the nation need jobs and coal. Nothing in the debate over mountaintop mining debate is going to change that in the short term.”

As if offended by the ancient mountain range and lush hardwood deciduous forests in our nation’s carbin sink of Appalachia, the mountain state’s top environmental regulator then depicted West Virginia mountains as “steep, hostile terrain.”

Hostile terrain? What happened to “Wild and Wonderful”? Or the state motto, montani semper liberi?

This was not the first time for Huffman to declare his horror of the mountains — in the mountain state.

On April 20, Huffman made an extraordinary admission in an interview with the West Virginia Public Radio, declaring that the mountains impeded the state’s development, and therefore, needed to be destroyed through mountaintop removal.

“Mainly what we’re concerned about as regulators is the ability to develop land after mining,” he said. “You need valley fills if you’re going to have a viable post mining economy. You need flat land. And in order to have flat land you need to have valley fills, and one of our biggest concerns is that EPA is wanting to reduce the size and number of valley fills in Appalachia.” (The radio interview is here.)

As the state’s top environmental regulator, Huffman apparently failed to read the EPA’s 2002 EIS report that “it is unlikely that any more than 2 to 3% of the future post-mining land uses will develop land uses such as housing, commercial, industrial, or public facility development” after mountaintop removal operations.

In fact, Huffman and the WVDEP have apparently failed to consider a lot of basic environmental and human rights issues in the coalfields, none more critical than the impact of injecting coal slurry in underground mines. In the face of overwhelming scientific evidence of contaminated leakages of toxic coal slurry into watersheds and wells, Huffman brazenly told an AP reporter this spring: “We studied specifically the possibility the slurry injection had migrated into the water, and there’s not a geologic connection between where it was stored and where their problem is.”

Despite Huffman’s denial, scientific tests on water samples contaminated by coal slurry this spring “found six metals — antimony, arsenic, lead, barium, cadmium and chromium — in levels that exceeded federal standards for primary drinking water at one or more sites.”

Charleston Gazette reporter Ken Ward has filed numerous stories on Huffman’s “Don’t Ask Don’t Tell” policy on coal slurry injections:

Here’s a chart of coal slurry injection sites:

2009-08-11-slurrymap4.jpg

For more information on coal slurry issues, go here.

“The WVDEP simply fails to adequately regulate the coal industry,” said Rock Creek resident Lorelei Scarbro. “When WVDEP Secretary Randy Huffman runs off to lobby the EPA to grant illegal valley fill permits, he’s abdicated his responsibility to the people. Corporate coal influence has become so great inside the WVDEP that he has become a public relations spokesperson for the coal industry instead of an enforcer of mining laws and regulations.”

“We will not sit idly by today while the WVDEP is granting blasting certifications for coal companies to demolish our mountains and ruin our homes and communities,” said Bo Webb of Naoma. “It is time for Huffman to resign or be fired. He’s derelict in his duties and grossly incompetent at best. Quite possibly a case for criminal negligence could be made.”

This might be a first in the country: The failed West Virginia Department of Environmental Protection is emerging as such an embarrassingly pro-coal anti-mountain public relations nightmare for Gov. J…
This might be a first in the country: The failed West Virginia Department of Environmental Protection is emerging as such an embarrassingly pro-coal anti-mountain public relations nightmare for Gov. J…

More in Green…

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Save the Date

COAL COUNTRY

SAVE THE DATE
WASHINGTON, DC PREMIERE
SEPTEMBER 15, 2009

Most Americans are shocked to learn that nearly half the electricity in the United States today is produced by coal, the dirtiest fossil fuel.
COAL COUNTRY is a dramatic look at modern coal mining. The story is told by the people directly involved, both working miners and activists who are battling the coal companies in Appalachia. Tensions are high. It’s ‘a new civil war,’ as families and communities are deeply split over mountaintop removal mining (MTR). The tops of mountains are blasted, exposing seams of coal, while debris is pushed into valleys and streams. Residents endure health problems, dirty water in their wells, dust and grime on their floors.
The miners are frightened that without coal, they’ll lose their jobs and won’t be able to feed their families. They claim they are acting within the law.
What does this mean for America and the rest of the world? The coal industry is spending millions to promote what it calls ‘clean coal’. Is it achievable? At what cost?

With songs by Kathy Mattea, Natalie Merchant, Justin Townes Earle and others

Written, produced and directed by: PHYLIS GELLER
Executive Producer: MARI-LYNN EVANS
Edited by SAM GREEN
Original Music by CHARLIE BARNETT

www.coalcountrythemovie.com

EVENING STAR PRODUCTIONS@2009

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The sad controversy over ‘Coal Country’

by Ken Ward Jr.

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Makers of the film “Coal Country” interview coal industry official Randall Maggard in this courtesy photo.

It will be pretty sad if Mari-Lynn Evans and crew don’t find another theater in the Kanawha Valley willing to host the world premiere of their new film, “Coal Country.”

And that’s not just because it will be a surrender to solving complicated issues by thuggery (or at least fear of thuggery — we don’t know exactly what was or wasn’t planned by coal industry lobbyists or groups of miners), rather than by reasoned discussion, education and sound public policy debates.

Maybe Coal Tattoo is fighting a losing battle trying to encourage everyone to try to find some common ground. But when I watched the movie at home the other other night (Mari-Lynn was kind enough to send me an advance copy), I found plenty to encourage me.

Sure, the movie has a point of view — that mountaintop removal is not good, and a mono-economy focused on coal is also not so good.  Writing for The Huffington Post, Jeff Biggers proclaimed:

Coal Country shines the light on one of the darkest human rights and environmental violations overseen by federal and state regulators in our times. Through a series of moving portraits of coalfield residents, the film chronicles the extraordinary and largely overlooked toll of coal mining on the lives of Appalachian residents.

But Jeff also observed:

If anything, Coal Country goes out of its way to include the views and voices of the Big Coal lobby and its executives, engineers and miners.

Personally, I also found it to be fairly balanced, and to offer some interesting scenes where folks on completely opposite sites of the mountaintop removal issue were saying pretty similar things about the future of the coal industry.

I have to admit, though, that one of my favorite scenes was when the film compared Sen. Jay Rockefeller’s current statements — coal is all good, basically — with these comment from his 1972 gubernatorial campaign:

We know that strip mining is tearing up the beauty of our state. We know that strip mining is not a good economic future for West Virginia and not a good economic future for our children. And we know that, whatever advantage it has now, the damage that it leave is a permanent damage.

Of course, Rockefeller lost that election, and as Ken Hechler explains in the film, he soon changed his position on strip mining.

Sure, “Coal Country” includes lots of familiar faces and stories, like activist Judy Bonds, who is featured in this trailer:

The film also includes an unfortunate scene where Judy waves around the gun she keeps in the house in case the coal miners show up.  But Judy recovers well from that, by citing the fantastic quote from legendary journalist Upton Sinclair in describing why folks who work in the coal industry don’t get why their neighbors are so upset about mountaintop removal:

“It is hard to get a man to understand something when his paycheck demands him not to understand.”

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One of the most compelling characters in the film is former miner Chuck Nelson, above, who, as Jeff Biggers described in the Huffington Post review:

… Walks viewers through the union-busting tactics of out-of-state coal companies and mountaintop removal operations, and the rarely noticed destruction of real estate values for local coalfield residences due to coal dust and environmental ruin. Mountaintop removal, ultimately, he points out, “is not so cheap for people who have to live under these sites.

But I was also taken by Argus Energy environmental manager Randall Maggard, who went beyond the standard coal industry tour (though he probably unintentionally admitted that mine companies really haven’t figured out how to regrow hardwood forests on mountaintop removal sites yet).

Gazette writer Doug Imbrogno described Maggard’s appearance in the film this way:

A heartfelt defense of such mining comes by way of Boone County mine operator Randall Maggard, who defends his company’s work as responsible employment that feeds families and offers good-paying work in terribly depressed communities.

Interestingly, Maggard admits that the coal industry doesn’t seem to be able to win over the general public on mountaintop removal:

I think the protesters are kicking our butts right now. They’ve got the media on their side and everything else and there doesn’t seem to be any way we can slow them down.

And, Maggard comes off more human than most films on coal allow industry types to appear, when he explains that he tries to do what he thinks is right and doesn’t like it much when his kids hear at school that strip mining isn’t so good:

I wish the public would just try their best to look at things from an objective point of view and try to get both sides of it. We feel like we’re being targeted, the mining companies and the employees themselves … I try to do what’s right. I mean when your kid comes home from school and says Daddy, my teacher wants me to write a paper, a letter opposing mountaintop removal mining, I said, well, why don’t you just go ahead and tell them to write a letter trying to put me out of a job.

OK — maybe it sounds hokey. And maybe you might disagree with Maggard’s view on mining. But come on … no father wants his kids thinking he’s a bad guy.

And most coal miners aren’t bad guys, at least the ones I’ve gotten to know. And it’s hardly their fault that the political leaders of our region and our nation haven’t done much to give them other opportunities for making a living and raising their families.

But the most telling part of the film to me was when environmental lawyer Joe Lovett made these comments:

I want to stress that I’m not saying that all miners should be thrown out of work tomorrow and all power plants should be shut down. But that we need to start making a transition away from burning coal. I think the coal industry fears that, and knows that it’s coming and is fighting any way it can.

And then Gene Kitts, vice president for engineering at International Coal Group said this:

We’re not opposed to alternative energy. But can it in the near term replace 50 percent of the source of electrical energy. I think the answer to that is no. But as other technologies gain some cost competitive characteristics, then the economy will naturally migrate toward those.

Gene and Joe will both be mad at me for saying this — but are they really that incredibly far apart? No, they certainly don’t see mountaintop removal from the same eyes. But the future for coal that they describe isn’t really that different.

Yesterday on Twitter,  Gene Tweeted this comment:

I’m curious – Can WV have “green” jobs and coal mining jobs? Why is a “transition” necessary?

Sorry, Gene, but what you talked about in the movie is just that, a transition.  I pointed Gene toward a report from the Union of Concerned Scientists, Coal Power in a Warming World. Among other things, the report acknowledges the likely continued use of coal in the United States and other countries. But, it also sets a high bar for what kind of coal we’re talking about.

For example, UCS says we should stop building coal-fired power plants that don’t include carbon capture and storage. And we should accelerate research, development and deployment of that technology.

Finally, the report adds, if coal is going to be burned using CCS, we must also address the other impacts from this fuel:

Adopt statutes and stronger regulations that will reduce the environmental and societal costs of coal use throughout the fuel cycle. Our use of
coal, from mining through waste disposal, has serious impacts on the safety and health of both humans and our environment. Policies are needed
to reduce these impacts and place coal on a more level playing field with low-carbon alternatives. This would include a ban on mountaintop removal
mining and tougher standards for mercury emissions, mine safety, and waste disposal. Any federal policy that promotes coal use, including ongoing or expanded CCS subsidies, must be accompanied by such measures.

West Virginians — and residents of coalfield communities all across Appalachia — need to be talking with each other about these issues and this transition.  Unfortunately, there doesn’t seem to be a single political leader who wants to help make that conversation possible. If there were, the state would open up the Cultural Center Theater Saturday night and endorse the showing of this film.

Maybe Gov. Joe Manchin would agree to sit in the front row.

8 comments

1 Howie Branham { 07.09.09 at 12:01 pm }

I agree that the Gov.Manchin should be on the front row. This state sent me and a great many people to Iraq to give people the right to free speach. This is starting to become a free speach rights isuess, and Gov. Manchin should recall every member of the national guard from Iraq, if He is not going to protect the right of the people of this state to say what’s on there minds, reguardless of which side thay are on. It saddens me that all we went through in a another country has not been lost on the people of this good state. all veterns should call the Govenors office and demand that He get behind the showing of this movie. let the other side protest from a disstance if they wish, and are peacefull, and let the state police keep the peace. this breaks my heart that this even has to be takled about in West Virginia. maybe Gov.Manchin should ask that all of our guardsmen be sent home to help provid free speach in mountains of WV.

2 watcher { 07.09.09 at 12:11 pm }

Ken, you are right you dont know what is or isn’t planned by the pro-coal folks, so the use of the word thuggery is uncalled for. I suggest the coal supporters have every right to “protest” the screening of this movie.

3 dianne { 07.09.09 at 12:29 pm }

Thanks Ken for the forum you provide!

4 Bob Kincaid { 07.09.09 at 2:20 pm }

If this film isn’t screened in Charleston it will simply prove, once and for all, that West Virginia is NOT a state in this Union; that West Virginia is, in fact, a fiefdom of out-of-state coal companies who motivate their workers through fear and intimidation and rule this state with an iron fist via jack-boot tactics; that we do not enjoy the rights guaranteed under the Constitution of the United States; that “speech” is not a right, but a commodity bought and sold by and to the highest bidder.

Incidentally, it will also prove the failure of every idea the Coal Lobby and their cronies have put forth.

Howie got it spot-on upthread. Thanks for saying what you did. It is sickening and heart-rending to realize that West Virginia has an information clampdown comparable to North Korea, Iran and China where Sacred Coal and Holy Profit are concerned.

Gandhi said “First they ignore you, then they laugh at you, then they fight you, then you win.

Welcome to Stage Three. It is bitter.

Stage Four is going to be sweet.

5 Ken Ward Jr. { 07.09.09 at 2:47 pm }

watcher,

I would suggest that protesting the showing of a movie you haven’t seen is a silly response … it reminds me of a book my four-year-old reads, “Arthur and the Scare Your Pants Off Book Club.” See http://www.kidsreads.com/reviews/0316115487.asp.

In the story, Arthur and his friends love this series of scary books, until one parent organizes a campaign to ban the books. But it turns out the parent hasn’t read the books — and when he does, he likes them.

Ken.

6 blue canary { 07.09.09 at 2:53 pm }

I’m not sure what the coal folks think their scare tactics are going to do, other than make them look bad. All the controversy around the movie just makes people more interested in seeing it!

7 watcher { 07.09.09 at 4:33 pm }

Ken ,nothing silly about it , I’m pro-coal ,nothing to hide here. Besides you said it best, the movie has a point of view that m t r is not good and an economy focused on coal is not good,thats good enough for me .

8 Ken Ward Jr. { 07.09.09 at 5:12 pm }

OK, folks …

I’ve had to take down a couple of comments that were just nasty attacks on the other side of the issue … clearly, I’m fighting a losing battle trying to get people to actually talk with each other rather than just calling names and being nasty…

So, we’re shutting down the comments on this post now.

Ken.

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Coal Country to show at the Cultural Center

SATURDAY, JULY 11, 2009
8:00 PM
CULTURAL CENTER
Capitol Complex, Charleston
1900 Kanawha Blvd.
www.wvculture.org for directions

Open to the public, free of charge
seating is limited

It is critical that we provide public notification of this change. For more information, go to www.coalcountrythemovie.com

BACKGROUND

COAL COUNTRY
A film by Mari-Lynn Evans and Phylis Geller

COAL COUNTRY is a dramatic look at modern coal mining. We get to know working miners along with activists who are battling coal companies in Appalachia.

We need to understand the meaning behind promises of “cheap energy” and “clean coal.” Are they achievable? At what cost? And what are the alternatives for our energy future?

COAL COUNTRY, explores these questions by following coal as it is mined, processed and burned for power. An especially dramatic tale unfolds in Appalachia, where families and communities are deeply split over the latest form of strip mining called ‘mountaintop removal’, or MTR. Coal companies blast the tops off mountains, and run the debris into valleys and streams. Some say MTR provides the only good jobs; others claim it is destroying the land, water and air.

Here are some of the people you will meet in COAL COUNTRY:

KATHY SELVAGE suddenly became an activist when a coal company began blasting on the mountain above her house. Now she is fighting the building of a new coal-fired plant in her community.

RANDY MAGGARD is a manager in the coal industry. He is conscientious about meeting all mining regulations. He and his colleagues believe that the environmentalists may kill coal mining in West Virginia, and that the state would become an economic disaster.

JUDY BONDS is trying to get a wind farm, instead of another strip mine, on Coal Mountain. JUDY also works with Christians for the Mountains, believing that God meant for us to be good stewards of His creation. Her speeches and protests are well-known; she feels under constant threat from coal supporters. She has installed three security cameras on her house.

CHUCK NELSON is a retired union coal miner who spent 35 years underground. When Massey Energy built a processing plant in his home town of Sylvester, West Virginia, CHUCK was horrified by the dust and debris threatening the town. He began to protest. He lost his job and his family home. Now CHUCK works full time organizing community groups afraid for their land and water.

JOE LOVETT is the only lawyer in West Virginia whose time is devoted entirely to environmental issues, particularly mountain-top removal. He provides sharp analysis of the social and economic factors at work in coal country. JOE is the professional who guides the activists through the legal and regulatory system.

Both sides in this conflict claim that history is on their side. Families have lived in the region for generations. Most have ancestors who worked in the mines. Everyone shares a deep love for the land, but MTR is tearing them apart.

To tell the story of coal and the search for alternative energy, the film will also offer comments from the following:

Patrice Simms, Senior Project Attorney, NRDC
Michael Shnayerson, Vanity Fair, author COAL RIVER
Ken Hechler, former Secretary of State, West Virginia
Dr. Philippe Jamet, fmr. French Attaché for Science and Technology, Washington DC
Gene Kitts, Vice President, ICG
Dr. Michael Hendryx, Professor, WVU
Dr. Amory Lovins, Director, Rocky Mountain Institute

CREDITS:
Executive Producer:  Mari-Lynn Evans
Writer/Producer/Director: Phylis Geller
Editor: Sam Green
Videography: Jordan Freeman, Jay Johnson
Original Music Composed by: Charlie Barnett
Special musical performances by: Kathy Mattea

A Production of Evening Star Productions c. 2009

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Mountaintop Removal damage “irreversible”

June 25, 2009
Mountaintop removal damage ‘irreversible,’ U.S. Senate hears
DEP official only witness to defend practice

Read more in Coal Tattoo.

CHARLESTON, W.Va. — Mountaintop removal coal mining is causing “immense and irreversible” damage to Appalachian hills, streams and forests, members of a U.S. Senate subcommittee were told Thursday.

A federal regulator joined a university expert, a West Virginia activist and a Tennessee environmental commissioner in criticizing large-scale strip mining’s impacts, as lawmakers consider a bipartisan bill that would curb the practice.

“We must consider the cost of coal from the cradle to the grave,” said Maria Gunnoe, a Boone County native who won the international Goldman Prize for her anti-mining activism. “We have the opportunity to stop the annihilation of mountains and people by mountaintop removal and to change the history of energy in this country.”

Margaret Palmer, a University of Maryland ecologist who has been studying mountaintop removal’s impacts, explained that scientists have clearly documented the damage being done.

“The mountain summits that are removed to reach the coal may not have the same shape or height they previously did, the streams that are buried when rocks and dirt are dumped over the side of the mountain into the valleys below are gone forever, and there is no evidence to date that mitigation actions can compensate for the lost natural resources and ecological functions of the headwater streams that are buried,” Palmer told lawmakers.

Palmer and Gunnoe were among those who testified in a Senate Environmental and Public Works subcommittee hearing scheduled to examine mountaintop removal, the Obama administration’s plans for regulating it, and legislation that would outlaw most — if not all — valley fills.

The only witness who defended mountaintop removal was Randy Huffman, who as secretary of the state Department of Environmental Protection is the Manchin administration’s top strip-mining regulator.

Huffman said his agency has an “effective and progressive” regulatory program, and that his main concern is that Obama administration efforts to more closely regulate the practice “have the potential to significantly limit all types of mining.”

“West Virginia and the nation need jobs and coal,” Huffman told senators. “Coal production is the leading revenue generator for West Virginia, and many in the state are concerned about losing the opportunities for future economic development associated with mountaintop mining.”

Sens. Benjamin Cardin, D-Md., and Lamar Alexander, R-Tenn., introduced the Appalachian Restoration Act to rewrite the federal Clean Water Act so that the U.S. Army Corps of Engineers could not permit mining waste to be dumped into streams as “fill material.”

Cardin said that, among other concerns, he is worried that the environmental damage from mountaintop removal may be hindering other economic development efforts in the Appalachian region.

Alexander noted that his home state has already banned valley fills, and Tennessee Deputy Commissioner of Environment and Conservation Paul Sloan encouraged lawmakers to expand that prohibition to protect the region’s vital headwaters streams.

“Just as the circulatory systems in our bodies rely upon the healthy functioning of billions of capillaries, the nation’s rivers and streams will not be healthy unless the headwaters are protected,” Sloan said in prepared testimony.

Randy Pomponio, director of environmental assessment for the U.S. Environmental Protection Agency’s Mid-Atlantic regional office, told lawmakers EPA studies have documented impacts that agency officials hope to try to reduce.

Mountaintop removal has buried an average of 120 miles of streams a year, Pomponio said, and studies show valley fills not only eliminate those waterways, but also degrade water quality downstream.

EPA studies also have documented the elimination of nearly 1,200 square miles of Appalachian forests — an area larger than Kanawha County — between 1992 and 2013.

“Should these forests not be restored, invaluable water quality and ecological services will be lost,” Pomponio said. “Forest losses of this magnitude, although largely temporary, are not inconsequential.”

Reach Ken Ward Jr. at kw…@wvgazette.com or 304-348-1702.

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Hearings - Hearing

Subcommittee on Water and Wildlife hearing entitled, “The Impacts of Mountaintop Removal Coal Mining on Water Quality in Appalachia.”
Thursday, June 25, 2009
03:30 PM EDT
EPW Hearing Room – 406 Dirksen
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Majority Statements

Minority Statements

James M. Inhofe

Witnesses

Opening Remarks

Panel 1

John “Randy” Pomponio
Director of Environmental Assessment and Innovation Division (EAID), Region Three
United States Environmental Protection Agency

Panel 2

Maria Gunnoe
Organizer
Ohio Valley Environmental Coalition
Dr. Margaret Palmer
Laboratory Director, Chesapeake Biological Laboratory
University of Maryland Center for Environmental Sciences
Paul Sloan
Deputy Commissioner
Tennessee Department of Environment and Conservation
Randy Huffman
Cabinet Secretary
West Virginia Department of Environmental Protection
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