AppalachianThe FREE October /November 2019Voice

in this issue:

The Intelligence of SPECIAL EDITON Slime Mold The Legacies of 10 Ways to Reduce Plastic Use Coal

Giants of the Great Smoky Mtns FINAL

ATheppalachianVOICE A note from our executive director Across Appalachia A publication of Even when coal mining was at its rules — rules that some mine opera- Regulators and lawmakers have AppalachianVoices most profitable, the industry avoided tors continue to flout. For more than a deferred to this industry for too long. PFAS Contamination Still a Concern in US Mendota Rail-to-Trail Moves Forward paying the true cost of extracting coal. century, the abuses of an out-of-control But there is no excuse for inaction. We NC: 589 W. King St., Boone, NC 28607 • 828-262-1500 Instead, miners and nearby residents suf- industry have pushed workers to orga- need strict enforcement of existing min- Since the 1940s, toxic, man-made face the aftermath of old contamination. On Aug. 16, local leaders and trail years of closure. He suggests that a shuttle VA: 812 E. High St., Charlottesville, VA 22902 • 434-293-6373 fered the health effects of polluted water nize to protect their health and ensure ing and reclamation rules, support for chemicals called per- and polyfluoro- Dubbed the “forever chemical,” PFAS advocates in Bristol, Va., celebrated the service and a bike shop could be next. Other Regional Offices: Knoxville, TN • Norton, VA and airborne contaminants, as many do fair labor standards. black lung benefits and reauthorization alkyl substances — referred to by the cannot break down naturally. Chemi- grand opening of the Mendota Trail’s The work is not easy. Mueller ex- today. Despite this, mountaintop remov- All of these problems were occur- of the Abandoned Mine Land program. acronym PFAS — have accumulated cals manufactured decades ago still first section on a former railway. When plains that repairing or routing around AppVoices.org/thevoice | [email protected] al mining is still allowed to happen. Even ring when the coal barons were prosper- Beyond that, we need to demand the in water, air and food supplies. Federal contaminate resources and accumulate complete, the 12.5-mile hiking and biking the aging railroad trestles has been a chal- Editor...... Molly Moore as broader trends point to the industry’s ing. Now that the industry is sputtering, political will to hold companies account- regulators banned some strains from in organisms today. trail will run from Mendota to the north- lenge, but the group is fully committed. Associate Editor...... Kevin Ridder irreversible long-term decline, new mine the scale of the damage it inflicts on the able so that the communities who have production, but their replacements A February 2019 EPA study estimates ern edge of Bristol, fulfilling a vision held “We have a very close-knit group Consulting Editor & Designer...... Jamie Goodman could be just as dangerous. that 99 percent of the U.S. population has Distribution Manager...... Meredith Shelton proposals continue to bring new threats land, air, water and people of Appalachia already given so much to this industry by the communities for decades. of dedicated volunteers who have had Editorial Assistant...... Rachael Kelley to people and natural areas. is clearer than ever. are not burdened with even more of the PFAS compounds were originally PFAS chemicals in their bloodstreams. After its railway was discontinued this dream for decades,” says Mueller. Editorial Assistant...... Jack Singletary After mining, coal companies are sup- What happens when failing mines costs of coal as they move forward. attractive to manufacturers because of High levels of exposure can lead to health in the 1980s, the small farming town “Now we feel we finally have the right Graphic Designer...... Marcie Hancock their heat-, stain- and grease-resistance. issues such as high cholesterol, thyroid posed to meet a set of minimum standards saddled with pollution problems are of Mendota suffered economically. Or- pieces in place to make it happen.” Printed on 100% recycled newsprint, cover 40% For our mountains, Their first well-known use was in Du- diseases, low birth weights, immune ganizers of the Mendota rails-to-trails “It’s a slow process, but when you recycled paper, all soy-based inks to reclaim mine sites. But legal loopholes passed from company to company, and Pont Industries’ Teflon cookware, which system complications and even cancer. allow mine operators to delay cleanup then the company left holding the bag project hope to revitalize the commu- look back at how far we’ve come, it’s DISTRIBUTION VOLUNTEERS: Ellen Adams, Lauren Albrecht, formerly contained a long-chain PFAS In North Carolina, residents of for years, posing safety hazards to people collapses? The state and federal bonding nity and benefit its neighbor, Bristol, very rewarding,” he adds. Sarah Alderson, Courtney Alley, Anne Anderson, Ahdya Elias chemical called PFOA. Pittsboro could be at risk. Water sam- by promoting outdoor activities and The organization received a $25,000 Attea, Jill Averitt, Cathy Bachara, Debbie Bahr, Nelson and living nearby and fouling the streams that system for reclaiming coal mines is being Tom Cormons, When research in the late 20th ples collected by Emily Sutton with tourism to both areas. grant for engineering studies in May Lanie Bailey, Gretchen Barelski, Another Season Honey Farm, hold the lifeblood of Appalachia’s beauti- put to the test, and there are reasons to century revealed rising levels of PFOA the Haw River Assembly identified Becky Barlow, Peter Barstow, Laura Bayer, Sara Bell, Bob Bel- ful and biodiverse mountains. doubt whether the system is up to the Executive Director Nonprofit organization Mountain 2019, and Mueller is optimistic that contamination across the United States, high levels of PFAS chemicals in the ton, Kate Blake, Teresa Boardwine, Roberta Bondurant, Charlie It took deadly disasters like the task. If it fails, it could put taxpayers — Heritage gained ownership over the rail- increased community support will keep Bowles, Bethann Bowman, Dale Brady, Lynn Brammer, Ben the U.S. Environmental Protection Haw River, which also serves as the way land in 2016. Mendota’s first mile of them moving forward. 1968 Farmington Mine explosion to all of us — on the hook for cleaning up Bristoll, Steve Brooks, Paul Corbit Brown, Teri Crawford Brown, Agency stepped in. By 2015, companies community’s drinking water source. trail was completed in October 2017, and “Hopefully by next year, we’ll have drive Congress to enact mine safety Big Coal’s mess yet again. Anne Brown, Christa Brusen, Bill Bunch, George Burazer, Roger participating in an EPA program had The origin and effect of the contamina- trail volunteer Bob Mueller remarked that another two miles, and that’ll bring us Byrd, John Calhoun, Pat Calvert, Debra Cantwell, Jes Carey, phased PFOA out of production. tion is unknown, but Duke University the community has already felt the ben- to about half the total amount of trail,” Shay and Kim Clanton, Ridge Cook, Dave Cooper, Dave Cop- environmental & cultural events Short-chain PFAS chemicals were researchers plan to explore the situation per, George Cortesi, Austin Counts, Anne Cressin, Sara Crouch, GET INVOLVED efits. “The Store” at Mendota, for example, says Mueller. Darlene Cunningham, Nancy Dagley, John David, Sister Beth created to replace PFOA and its long- over the next three years. was renovated and reopened as a cafe and To learn more, visit mendotatrail. Wise County Solar Tour hikes, presentations and more at Pine Moun- See more at appvoices.org/calendar Davies, Heather Dean, Deborah Deatherage, Tina Del Prete, chained relatives. They were marketed Researchers involved with a con- community center in May 2019 after 20 org. — By Rachael Kelley Visit homes, businesses tain Settlement School. Lodging is available Dana Denbar, Rose DeProspero, Cynthia Dunn, Roberta Dur- Oct. 19, 12-3:30 p.m.: Register at loans.maced.org/event-registra- as harmless replacements, but research- gressionally mandated PFAS exposure and more for guided tours to learn about solar and meals will be provided. $225 for ages ham, Heather Earp, Bill Elliott, Patricia English, Mike Feely, Dan- tion-2019, or call (859) 302-3868. assessment will investigate levels in energy use and opportunities. Free. Big Stone 13+, $125 for ages 6-12, free for ages 5 and ers began questioning their safety in iel Ferreira, Sandy Forrest, Frank Fry, Lesley Garrett, Lashonna Gap, Va. Call (276) 679-1691 or register at under. Bledsoe, Ky. Call (606) 558-3571 or 2011. The controversial short-chain Berkeley, W.Va., this fall. The study, part Geter, Dave Gilliam, Scott Goebel, Lorelei Goff, Bruce Gould, Appalachian Voices nationalsolartour.org/southwestvirginia visit tinyurl.com/PineMtnFall to register group includes GenX, which was mea- of the 2018 National Defense Authoriza- Tracy Greene, Bryna Grigg, Tauna Gulley, Kelly Haber, Meredith Membership Meeting N.C. Enery Democracy Tour Stops sured at dangerous levels in Eastern tion Act, will research PFAS exposure in Haines, Bill Harris, Penina Harte, Paul Hayes, Michael Hayslett, Young Appalachian Story Summit Nov. 7, 5:30-8 p.m.: Join us to discuss our Join your neighbors and Appalachian Susan Hazlewood, Eberhard Heide, Sharon Helt, Regina Hen- Oct. 19, 9 a.m.-5 p.m.: Hear from young, diverse Oct. 23: work and vision for the next few years. Gath- North Carolina in 2017 and is still a eight communities near military sites. Voices to discuss problems with monopoly drix, Dr. Laura Henry-Stone, Matt Hepler, April Herald, Pamela voices and join story circles and workshops. erings will be held at our offices in Boone, concern in the area (read more in the Since 2008, Kentucky, North Caro- utility systems. Free. Charlotte, N.C. Event Hill, Rick Hill, Sherry Hopkins, John Hundley, Mary Jacobs, Free, travel and lodging stipends available. At- N.C., Charlottesville, Va., Norton, Va., and online version of this article). lina, Virginia, and 10 other state gov- tendees must be ages 16-30. International Sto- in Boone, N.C., TBD. Call (828) 262-1500 or Nicholas Johnson, Mary K, Mitra Kashani,Thom Kay, Alisa Knoxville, Tenn. Call (828) 262-1500 or visit In an August 2019 study, Auburn ernments have adopted laws regard- rytelling Center, Jonesborough, Tenn. Call (423) visit energydemocracyyall.org Keegan, Andy Kegley, Allison Keith, Wayne Keplinger, Mary appvoices.org/membership-meeting AND 753-2171 or visit tinyurl.com/YAPPStorySummit University scientists found that short- ing PFAS restrictions, according to Ann Kokenge, Len Kosup, Deborah Kushner, Waltr Lane, Don The Living Legends Huge selection of chain chemicals are more persistent in environmental nonprofit organization Langrehr , Christine Laporte, Tracy Leinbaugh, Loy Lilley, Bill Fall Color Weekend Oct. 23, 9 a.m.-4 p.m.: Tour Virginia’s Augusta All About Elk Educator Workshop ARMY SURPLUS wood stoves! aquatic ecosystems and may pose a great- Safer States. Eighteen states includ- Limpert, Marion Loper, Maggie Louden, Laura Love, Diane Lu- Oct. 18-20: Enjoy the peak of fall colors with and Rockingham counties with the Nature Nov. 8, 10 a.m.-4 p.m.: Learn about the his- WAREHOUSE cas, Jacki Lucki, Lara Mack, Paula Mann, Gail Marney, Thomas Foundation at Wintergreen, searching for tory and current research regarding North er risk to humans and the environment. ing Kentucky and North Carolina are Martin, Hannah McAlister, Brian McAllister,Kate McClory, Kim trees of distinction in the Shenandoah Valley. Carolina’s elk. The workshop counts toward In addition to the problems posed reviewing new or additional PFAS Surplus boots, camo pants, About the Cover the N.C. Environmental Education Certifica- Greene McClure, Allyson McCune, Rich McDonough, Tom $20. Wintergreen, Va. Register at twnf.org by the new chemicals, communities also regulations. — By Rachael Kelley backpacks, pouches, tents, tion. Free. Linville, N.C. Call (828) 733-2013 McIntosh, Mike McKinney, Sherri McMurray, Joy Miracle, Jeff The Wilderness Society duffl e bags, camping supplies, or visit tinyurl.com/Elk118 Montgomery DDS, Caroline Noel, Ann Norris, Dawn O Neal- in the 21st Century fi rst aid, hats, cold weather Shumate, Don Odell, Lynne Oglesby, Megan Ong, Rob Os- Oct. 24, 6:30-8 p.m.: Visit Catawba College to Black Appalachian Young and Rising Running Buffalo Clover Could be Removed gear, cots, ponchos, straps, kid borne, Ken Pace, Marissa Palmer, Doreen Papajcik, Michelle hear Dr. Sutton Lawrence with The Wilderness Nov. 8-10: The STAY Project invites Black sizes, fi restarters, meals ready Parker, Rick Phelps, Natalie Pien, Laureen Poole, Niki Powell, Society speak on the relationship between youth ages 14-30 to a weekend of fun, friendship, collective learning and growth at from Endangered Species List to eat “MRE’s,” off -the-grid Chase Pugh, Sister Ann Marie Quinn, Shivonne Quintero, marginalized people and wild places. Free. gear, parachute cord, knives, Isabel Reddy, Bronwyn Reece, Collin Rees, Emily Robinson, Salisbury, N.C. Call (704) 637-4791 or register the Pine Mountain Settlement School. Free, Running buffalo clover was thought to be added to the endangered species list in 1987. Carol Rollman, Brenda Rose, Kristin Rouse, Jenny Rytel, Deb- at tinyurl.com/wildernesscatawba registration closes Oct. 27. Bledsoe, Ky. Visit extinct for more than four decades before its The conservation recovery plan that followed ammo cans, canteens, fl ags bie Samuels, Gerry and Joe Scardo, Frank Schaller, Elvira T. From Climate Talk to Citizen Action bit.ly/blackappalachianyouth rediscovery in 1983 led to the plant’s inclusion was a success, according to the U.S. Fish and on the endangered species list. Now, it could Wildlife Service. Today, there are 154 known Schrader, Susanne Seiler, Kathy Selvage, Meredith Shelton, Photographer Kent Mason made this stunning Oct. 27, 2-4 p.m.: Help create local solutions to Full Beaver Moon Hike Charles Shelton, Brenda Sigmon, David Skinner, Bradford Slo- image of Horseshoe Bend at West Virginia’s the climate crisis by joining this event hosted Nov. 11, 7 p.m.: Hike three miles through Cass be removed from protected status. populations in six states. Even where the *Also on Amazon, eBay and cum, Meg Smith, Martha Smith, Sarah Smith, Janeen Solberg, biodiverse New River Gorge. Coal train tracks by Citizens Concerned with the Climate Crisis Scenic Railroad State Park under the light of The clover is identified by runners that clover is not maintained by conservationists, Etsy at ArmySurplusLexKy Stephen Spence, Lucy Spencer, Andrea Steegmayer, Jennifer along the river denote the region’s history. View at Grace Lutheran Church. Free. Henderson- the full moon. Free. Cass, W.Va. Call (304) extend from its stems and traverse the ground. the plants have thrived and shown resiliency. Stertzer, Jim Stockwell, Lyndsay Tarus,Karen Taylor, Emily Ter- more of Mason’s work at wvphotographs.com. ville, N.C. Visit tinyurl.com/oct27-climate 456-4300 or visit tinyurl.com/cassbeavermoon The species once relied on bison herds, which On Aug. 27, the Fish and Wildlife Service 138 E. Loudon Ave rell, Gail Thomas, Eva Thornton, Pat Tompkins, Bonnie Triplett, periodically disrupted the soil, to maintain its proposed removing the clover from the en- Inset: Acid mine drainage flows from an old coal- Energy Efficiency Workshops Young Birders Walk Lexington, KY 40505 Vonna Viglione, Bill Wasserman, John Weitzel, Lauren Wheeler, growing conditions. When bison east of the dangered species list, and is accepting public washing site owned by a bankrupt coal company. Nov. 4, 3-5 p.m; Nov. 7 2-4 p.m..: Join MACED Nov. 16, 10 a.m.-12 p.m.: Visit the West Virginia (859) 252-0441 Tina White, Tamara Marshall Whiting, Bill Widner, Martha Wil- Read more on the centerspread. Photo by Joanne and Kentucky Interfaith Power and Light to Botanic Garden for a birding walk with other Mississippi were mostly eliminated by 1830, comments on the decision through Oct. 28. If [email protected] lard, Ann Williams, Diana Withen, Chuck Wyro, Gabrielle Zeiger, Hill. Retired miner Mickey Pettry wears a “Black learn from others who have saved money on young bird enthusiasts. Bring binoculars the clovers disappeared too — almost. it is delisted, the agency is required to moni- Ray Arthur Zimmerman Lung Kills” T-shirt at a Black Lung Association electricity bills through energy retrofils. Free. and meet near the lower parking area. Free. After a botanist rediscovered the plant tor the species’ populations for five years to www.armysurpluswarehouselexington.com Become a volunteer distributor meeting in Dawes, W.Va. Turn to page 23 for Nov. 4 in Harlan, Ky., and Nov. 7 in Martin, Ky. Morgantown, W.Va. Call (304) 322-2093 or in West Virginia, running buffalo clover was ensure its stability. — By Rachael Kelley Visit appvoices.org/raise-our-voice more. Photo by Kevin Ridder visit tinyurl.com/accayoungbirders The Appalachian Voice October / November 2019 Page 3 Across Appalachia Community Efforts to Stop Construction of Rockwool Plant in WV Continue Grassroots activism against Rock- plant, many banded together against A top concern is air quality; the petition. wool, a proposed stone insulation it. Community groups opposed to plant is permitted to emit 470 tons of Also in mid-September, local non- manufacturing plant, continues in Jef- Rockwool include Eastern Panhandle volatile organic compounds into the air profit group Jefferson County Vision ferson County, W.Va. Green Coalition, Jefferson County Vi- annually. Its proposed location is a little filed a lawsuit arguing that Ranson, Many residents were not aware of sion, Rural Agriculture Defenders and more than 1,000 feet from an elementary W.Va., improperly issued the facility’s plans for the facility, which would spin Resist Rockwool. school and within two miles of three building permits because sewer service rock into material for industrial insula- Architect Gavin Perry analyzed the other schools. was not arranged at the time. tion and other uses, until construction potential environmental impacts for The group Jefferson County Pros- On Aug. 13, a county judge dis- broke ground in June 2018. State and the group Concerned Citizens Against perity favors the plant, noting the missed a lawsuit that Jefferson County local government officials had been Rockwool – Ranson, WV, listing poten- company’s projection that it will supply Vision brought against the Jefferson working with the Netherlands-based tial damaging effects to waterways and 150 jobs. County Development Authority for the Rockwool to smooth the way for the marshes as well as groundwater. The Rockwool’s efforts to connect to facilitation of a “payment-in-lieu-of- plant, securing permits and offering area has porous karst topography, and a fracked-gas pipeline have furthered taxes,” or PILOT, agreement designed them a five-year tax break. there is a high density of sinkholes near controversy. Columbia Gas sought to to make Jefferson County attractive to When locals found out about the the proposed site. drill a pipeline beneath the Potomac Rockwool. In his ruling, however, the River on Maryland public property, judge noted that it is “not an enforceable which the state denied. Columbia agreement — it is merely a proposal.” Conservation Grants Aim to Improve challenged the decision in court, but In a statement, Jefferson County Vi- in August, a federal judge upheld the sion Board Member Shaun Amos said, Cumberland Shortleaf Pine Forest Maryland’s sovereignty. Rockwool will “With this ruling, all governmental bod- still have access to natural gas; Moun- ies in Jefferson County are free to disre- The National Fish and Wildlife Foun- prescribed burning. Phase two of the taineer Gas has extended a pipeline to gard PILOT and require that Rockwool dation has awarded a series of grants for shortleaf pine restoration work is under- reach the facility. pay their fair share of the taxes they owe conservation projects throughout the way and is set to conclude in fall 2021. The question of how the plant to our community.” Cumberland Plateau. Several collaborat- Phase two involves restoration of would access sewer services is one of A public hearing for the potential ing organizations plan to use the funds to publicly managed land, such as 2,000 the latest fronts in the community ef- renewal of Rockwool’s construction restore shortleaf pine and wetland forests acres within Grundy County’s Savage fort to stop construction. In September, stormwater permit will be held on Oct. and in-stream habitats in Alabama, Ken- Gulf State Natural Area in Tennes- hundreds of Charles Town, W.Va., 23 from 6-8 p.m. at Storer Ballroom at tucky and Tennessee. see, and private land held mostly by residents petitioned the city council to the Shepherd University Student Cen- Partnering foundations matched the families, according to Nick Biemiller, require a supermajority in order to ap- ter in Shepherdstown, W.Va. After the $1.3 million in grant funding provided southeast regional coordinator for the prove a state-funded sewer pipeline for public hearing, the comment period will by the Cumberland Plateau Stewardship Forest Stewards Guild. the Rockwool plant, according to Spirit continue until 8 p.m. on Oct. 31. — By Fund for a total of $2.6 million. The grants “What we’re doing is connecting of Jefferson and Farmer’s Advocate. Molly Moore and Kelsey Stratman are intended to improve more than 9,700 [landowners] with resources to better The council unanimously rejected the acres of shortleaf pine and riparian forest, steward their forests for the long term,” according to a National Fish and Wildlife says Biemiller. Foundation press release. Since 2013, the Cumberland Plateau New State Trail Designated in Western North Carolina Along with partners, the Tennessee Stewardship Fund has contributed to The Northern Peaks Trail was tors and conserve the unique biodi- Wildlife Federation and the Forest Stew- projects that will affect more than 81,500 signed into law as a North Carolina versity, geography and culture of the ards Guild, two of the grant-receiving acres of shortleaf pine and streamside state trail on July 1, a designation that High Country. Project Manager Eric organizations, plan to restore 5,400 acres forests, according to the National Fish and provides funding opportunities for trail Woolridge stated that work could begin of shortleaf pine forests using strategies Wildlife Foundation. — By Jack Singletary development. The path will connect at Howard Knob Park, a node on the such as thinning, strategic planting and Boone to West Jefferson in 40 scenic trail, in 2020 or 2021, and that the overall miles, featuring areas like Elk Knob trail-building timeline will be shaped States Work to Defend Appalachia from Invasive Fish State Park and Three Top Mountain by the state’s ongoing development of Strategies to prevent the spread of the so that we have them contained, and then fish Game Lands in between. a master plan for Elk Knob State Park. invasive Asian carp are advancing in several them down, that’s the strategy,” says Fiss. Trail planners aim to educate visi- — By Rachael Kelley Appalachian states. The Asian carp outcompetes native State agencies are using barriers in dams fish for food and poses risks to boaters due Student Sustainability Program at Virginia Tech Receives Award and encouraging commercial harvesting to to the jumping behavior of the heavy fish, prevent the upstream migration of the fish in according to the Kentucky Department of Virginia Tech’s Green Request for support the Virginia Tech Climate Action the Tennessee River. Multiple agencies and Fish and Wildlife. Proposals Program received the 2019 Sus- Commitment. The commitment defines partners are also involved with an experimen- While the fish is an environmental tainability Innovation Award for Facilities goals to increase campus recycling rates tal sound barrier in Kentucky’s Lake Barkley threat, the growth of Asian carp popula- Management from APPA — Leader in Edu- to 50 percent by 2020, improve energy scheduled to be installed October 1, ac- tions along the Mississippi River has also cational Facilities. For the past nine years, efficiency in buildings, and reduce carbon cording to the Tennessee Wildlife Resources led to the rise of fish processing plants and the Green RFP program has implemented dioxide emissions by 80 percent below 1990 Agency Chief of Fisheries Frank Fiss. markets for Asian carp consumption. — By student-proposed projects, including reus- levels by 2050. — By Rachael Kelley “The goal is to get the barriers in place Jack Singletary able to-go containers and LED lighting, that

Page 4 October / November 2019 The Appalachian Voice FINAL

This Green House Reducing Your Plastic Footprint Giants of the Smokies

In addition to opposing new plastic facili- Old-growth forest at Albright Grove ties and related infrastructure, there are The first mile of the hike ascends a different strategies you can use to reduce By Eric Halvarson wide gravel road. We walked alongside a the impacts of plastic waste. Walking through an ancient forest is stream and listened to the running water “If you can be a little conscientious a rare experience for the average hiker and the crunching leaves for a little over a towards the Earth and what we’re doing, like me. When I learned about a rare mile. We came to a welcome rest stop and then it’s amazing how many little things that you can find stand of original cove-hardwood forest crossroad with signs showing we still throughout the day that you don’t really need,” says Cole on the Albright Grove Loop Trail in the had 1.7 miles to the Albright Grove Loop. Kiziah, recycling coordinator for Watauga County, N.C. Great Smoky Mountains National Park, The road continued and the number Here are 10 strategies you can put into practice to reduce I had to take a trip there. Pushing Back Against Plastics of families on our route dwindled as the the amount of plastic consumed in your household: Almost 99 percent of old-growth trees on the East Coast of the United sun lowered in the sky. Eventually the Communities are fighting the petrochemical 1. Drink from a reusable water bottle and a reusable cof- States have been chopped down, ac- road ends and turns into a single-path fee mug. One million plastic bottles were purchased every Hiker MJ Sanqui looks up at an enormous tree at Albright Grove. Photo by Eric Halvarson industry’s plans to expand in Appalachia cording to the Old-Growth Forest trail, only wide enough for one person minute across the world in 2017, according to a report from at a time. This is where the trees really By Jack Singletary Shell’s plastic-mak- Network. This nonprofit organization Carolina silverbells. The path has many large snags are rare because most other Modern life can involve a lot of plastic, like market research firm Euromonitor International. start to show their age. ing process will rely on operates an online database of pre- changes in elevation and beautiful trees of their width were logged. These Scientists have found a these items dropped off at the recycling center 2. Bring your own reusable bags or containers to the The land here was previously views of giant trees off the trail. empty, larger dead trees make for “cracking,” which in- in Watauga County, N.C. While recycling served, mature old-growth forests to significant amount of micro- store for groceries, produce and other dry goods. Cotton owned by Champion Paper Com- “It is a really good example of great breeding areas for birds and for volves converting ethane, plastic is an option, it’s better to use less in raise awareness of these areas. When plastics — tiny pieces of plastic pany in Canton, N.C., now Evergreen old-growth, intact cove hardwood for- hibernating bears, which prefer them to a natural gas liquid, into the first place. Photo courtesy of Cole Kiziah muslin bags can transport fruit and veggies. trying to find the nearest old-growth smaller than 5 millimeters — in Packaging. According to Great Smoky est,” says Johnson, adding that it “isn’t smaller snags. Some species that benefit polyethylene at high tem- 3. Source your food from your local farmers markets forest to me, I used the Old-Growth Arctic snow, according to a storage to operate.” The U.S. Mountains National Park Supervisory necessarily a pure stand of ancient trees from these old giants are woodthrushes, peratures. Oil and gas compa- or gardens to reduce your dependence on food products Forest Network’s website. study published in Science Ad- Department of Energy stated in Forester Kristine Johnson, the grove where everything is old. You’ve got a winter wrens, black-throated blue war- nies extract natural gas liquids packaged in plastic. My girlfriend MJ and I arrived at vances in August. Researchers July that ethane from fracking might have been selectively logged for from the Marcellus and Utica Maddron Bald Trailhead in the early mix of older and younger.” blers, barn owls and flying squirrels. found that these microplastics and continued expansion of 4. Purchase essential goods in bulk and avoid plastic particularly large trees under the com- shale plays in the Ohio River afternoon after some GPS trouble. If you About 20 percent of Great Smoky Preserving entire areas of old for- were transported there through the Appalachian petrochemical packaging when possible. Buying in bulk can also save pany’s ownership until the National Valley through hydraulic frac- are using GPS, be careful that the final Mountains National Park is old-growth ests like this one is important because the atmosphere, which shows industry could support at least you money because bulk goods usually cost less per unit. Park Service acquired the land. turing, or fracking, a process road leading to the trailhead is Baxter forest, according to Johnson. While other these environments foster unmatched how widespread plastic has five petrochemical crackers and The national park was established that can cause severe water 5. Use bar soap and shampoo or soap powder in reus- Road; some GPS listings of Maddron old-growth is on high ridges where log- water quality and habitats for species become in the environment. the associated massive increase in 1940, and today, some hemlocks and quality impacts, according to a able containers instead of liquid soap packaged in plastic. Bald Trail or Albright Grove Trail lead ging is difficult, the Albright Grove is a diversity, which individual elderly trees Cutting down global plastic in fracked-gas infrastructure. tulip trees on the trail are more than 200 rare, accessible hike for visitors to enjoy. cannot do on their own. 2016 report from the U.S. Envi- 6. Cook dinner instead of picking up takeout. Cooking at you far away from the parking for the use may seem daunting, but in- Opponents of the projects years old. Soon, we found our first huge The largest tree in the national park Johnson frequently visits the grove, ronmental Protection Agency. home can reduce plastic packaging, save money and result trailhead. Luckily, local neighbors have dividual actions (see sidebar) can have organized and voiced their hemlock, a tree that made me stop and is a tulip tree, also known as a yellow enjoying it in all seasons. Two chemical companies, in healthier eating habits. set up signs that say ,“Turn around, GPS help to reduce how much plastic concerns to legislators over the say “whoa” out loud! The lowest branch one based in Thailand and one is wrong,” for tourists like us. poplar, with an access path right off the “In the wintertime there’s no leaves ends up in the environment. potential impacts of pollution 7. Make your own cleaning products to reduce the was at least 35 feet high and the trunk based in South Korea, are also The bright sky and lack of clouds loop trail. With a circumference of 25 feet and you can just look at that wonderful At the same time, people con- that the plastic-producing com- amount of plastic containers in your household. Baking over five feet wide. pursuing plans to construct an made this Thanksgiving Day hike warm and 3 inches, it would have stood almost architecture of bare trees and see the cerned about plastics are pursu- plex could have both locally and soda and vinegar can work as an alternative to cleaning We began to look for some indi- ethane cracker along the Ohio and pleasant. Other families also celebrat- 135 feet tall at one point, but the crown snow on the hemlocks,” Johnson says, ing more systemic change. For globally. Mark Dixon, a leader products packaged in plastic. cators of old-growth, like large trees, River in Belmont County, Ohio. ed the holiday under the afternoon sun. has been damaged, perhaps by lightning. “In the spring it’s wonderfully rich with many Northern Appalachian in the grassroots resistance downed trees that fell naturally and State regulators granted an air 8. Opt for second-hand purchases. Pre-owned goods After walking for about 10 minutes, Large snags, which are standing wildflowers.” residents and activists, this effort, co-founded the online a diversity of tree species. These traits pollution permit to the petro- tend to have less packaging. we passed Baxter Cabin. This single- dead trees, dot the trail and serve as On Thanksgiving, I was grateful we means resisting the construction platform NoPetroPA to mobilize indicate a healthy old forest that has chemical plant developers in room cabin sports a chimney and was ideal habitats for a variety of species. could spend time in this forest – and that of new plastic manufacturing concerned residents against the 9. Wear clothing made from natural fibers. Synthetic avoided the axes of loggers in the past. u December 2018, which envi- constructed by Willis Baxter in 1889 for Outside of old-growth forest, these it will be preserved for years to come. facilities in the region. Beaver County facility. fibers such as polyester tend to shed off clothes and con- We crossed Indian Camp Creek on a ronmental groups appealed. his son as a wedding present. Other Shell is constructing a fa- “We need to collectively tribute to microplastic pollution. When washing synthetic beautiful wooden bridge. After a total of On Sept. 23, the groups hikers stepped inside, and as we con- cility on the Ohio River in organize to shift consumer de- clothing, use a laundry bag or laundry ball designed to three miles, we reached Albright Grove! dropped the appeal after reach- tinued our hike, we could hear them Beaver County, Pa., known as mand and government policy catch microfibers. The loop is three quarters of a ing an agreement with devel- say “cheese” for their pictures. the Pennsylvania Petrochemi- to motivate manufacturers and 10. Contact manufacturers, legislators and local busi- mile long and winds through Eastern opers. The company has agreed VOTED BEST BBQ cals Complex. The company consumers to move away from nesses to let them know you support alternatives to single- hemlocks, tulip poplars, red maples, to increase transparency and expects the facility to produce plastics as one of the primary use plastics. Albright Grove northern red oaks, birch, hickory and pollution controls in exchange. IN THE REGION more than 1.6 million tons of ways by which we make the According to FracTracker Switching out disposable drink containers by Appalachian Voices’ staff of tasters! polyethylene plastic each year stuff that we need every day,” Length: 6.7 miles round-trip your destination, rather than “Maddron Alliance, a nonprofit organiza- for a reusable mug may not seem like much, beginning in the early 2020s. Dixon says. Difficulty: Moderate Bald Trail” or “Albright Grove.” These other OPEN FOR LUNCH AND DINNER. tion that analyzes oil and gas but lifestyle changes to reduce plastic DIRections: From intersection of Parkway locations will take you far off course. CLOSED MONDAYS. Polyethylene is one of the Learn more about the industry data, proposed ethane use can contribute to the increasing and 321 in Cosby, Tenn., head west on CALL: Main park office at (865) 436-1200 Hwy 321 Bypass most abundant forms of plastic proposed petrochemical and crackers like Shell’s facility will efforts made by people all around the 321 for 2.5 miles. Go left on Baxter Rd. Other notes: Pets are prohibited. Park- Blowing Rock,N.C. globally, according to a 2018 plastics manufacturing hub in “rely on a regional network of world to reduce the amount of plastic Continue .5 miles until you see a sign for ing is very limited, but this is a low-traffic (828) 295-3651 United Nations report. It is Appalachia and get involved Maddron Bald Trailhead. If using GPS, use destination. Make sure to alot proper time fracking, pipelines, compressor wasted every single day. www.woodlandsbbq.com also the same material most at breatheproject.org/fracking- “Maddron Bald Trailhead, Cosby, TN” as for the hike, at least 5 hours round-trip. stations, processing stations, and shopping bags are made from. and-petrochemicals. u Page 6 October / November 2019 The Appalachian Voice The Appalachian Voice October / November 2019 Page 7 sense of utopian progress Photo of Maurice Mays, Play Bears Witness to Knoxville’s Knoxville’s Red Summer decades after the Civil Rights courtesy of Beck Cultural Continued from previous page Movement. Even those who Exchange Center went to the streets to address will offer some semblance of Red Summer, 100 Years Later in the streets. After close to 48 hours, injustice have been seen in justice that we desperately the violence was quelled following a some media as rabble-rous- owe our past.” Reflections on an episode of racial violence mandated curfew. Hundreds of people ers, with damaged property Decades later in the were injured and several killed. given more attention than 1960s, Knoxville boasted Mays returned to Knoxville a month the reason why people were that it was an “All-Amer- “Forgetting is mighty dangerous, somebody’s got to bear witness to later to stand trial with the weight of his in the streets in the first the truth.” — Dantzler, narrator of the play “Red Summer” ica City,” while protestors accusation and the riot. He found him- place. challenged the title by pro- self alone after requesting help from the “‘Red Summer’ empha- testing segregation at the NAACP, but was rejected due to scarce sizes the importance the Tennessee Theater a street written by Linda Parris-Bailey and di- Essay By Andre Canty resources already allocated to other riots media played, and contin- up from the Bijou Theater, rected by Leilani Chan. Knoxville has had a storied history that same summer. An all-White jury ues to play, in deciding how which hosted the Red Sum- The play highlighted a snapshot with mass-scale riots. The most recent found him guilty after a mere 18 min- folks see one another and mer play this year. of the attitudes, fear and reality after a riot occurred in 2010 with the sudden utes and he was sentenced to death. On this is still true today,” says As much progress as white mob descended onto downtown departure of Lane Kiffin from his head the ides of March, the same time Julius Jonathan Clark, managing Knoxville has made over Knoxville, which was populated by coaching job with the University of Caesar was killed, Maurice Mays was director of the theater. the past 100 years, we must mostly Black people. The performance Tennessee. After a year of coaching executed in 1922 by electric chair. Throughout the per- not forget the work needed gave a view of the fallacy many in Knox- the Vols, Kiffin left to pursue a dream Knoxville found itself at a crossroads formance, different eras of White woman confessed to the murder to be done to achieve true ville held before the riot that the city was position at the University of Southern with that riot — it was no different than Black music were centered, including of Lindsay, to the shock of the audience. progress. Maurice Mays was Emmitt free of any racial tension. It also explored California after a 7-6 season and was re- most cities at the time, and it took one R&B, gospel, and even hip-hop to show The ending of the performance included Till. He was Mike Brown. He was Tray- how politicians respond to such tension, warded with countless people storming case for reality to set in. It’s an all too the varying perspectives of why the riot images of civil unrest 100 years later to von Martin. He was Sandra Bland. The and how some media can shift the nar- campus, burning furniture and causing familiar example of how when a Black occurred and the characters’ roles in it. remind us all that there are still battles play was a rallying call to us to keep the rative when it comes to racism. traffic in the area. person is accused of anything, the entire The ending of the play showed to be fought and won. The battle to ex- fight going to honor those who fought East Tennessee has always prided In September 2019, The Carpetbag race is on trial and forced to play defense Mays in three eras of his life. He is the onerate Mays has failed three times with and died simply for existing. The play itself on being racially tolerant, going all “Red Summer,” a performance by The Carpetbag Theatre, Inc., shows Maurice Mays at three Theater, Inc., a Knoxville-based ensem- attorney. The mob did look for Mays spe- ideal man in a suit, tie, hat and cane; he the most recent refusal from Haslam. and the man at the center of it should the way back to the Civil War when the moments in his life. Falsely accused of murder in 1919, his arrest ignited a race riot in Knoxville, ble company led by Linda Parris-Bailey, cifically, but the riot itself signified that is the man in his house clothes under the What Carpetbag Theatre wants the be a stark reminder that whether con- region was surprisingly pro-Union as Tenn. Photo courtesy of The Carpetbag Theatre, Inc. put on a performance to highlight a it could have been anyone in that cell as streetlight shocked that racism literally audience to walk away with is the hope, cealed or open, racism is a sickness to opposed to the rest of Tennessee and the deeper microcosm of racial violence with segregation of public schools and races was considered not only taboo, long as they were Black. came to his door; he is the man desper- as Clark says, “that the ways in which be tackled head-on and not something South. With Black people holding public in its telling of the Race Riot of 1919, Jim Crow laws. When it came to 1919, but a ticket to the jail or the grave. During the heat of the riot, the ately pleading for his life in a jail cell we move forward, knowing the truth, to be treated naively. u office in the dawn of the 20th Century, otherwise known as the Red Summer. the characters portrayed how one event The day after Mays’ arrest, a violent characters on stage wrestled with stand- while waiting on his impending doom. many people both Black and White were The Red Summer got its title from gave a chilling awakening and a grim White mob came to the Knoxville jail for ing up to the mob while realizing how The play also exposed that Tennes- under the impression that racism had “Craggy Pinnacle Stone Work” a string of anti-Black riots across the reminder of how society valued Black retribution, which provided the catalyst Knoxville was not exempt from racism. see’s governor at the time did not want 16th Annual Finalist, Blue Ridge Parkway no place in Knoxville. In his 2000 piece Robert Stephens country following the end of World War life in the wake of tragedy. for the riot. Officials correctly antici- Characters gave accounts of what really to intervene in the case and claimed that on Red Summer written for the East I — these riots peaked during the sum- The man at the center of the Knox- pated a violent response, and quickly happened during that time to counter any move in Mays’ favor would result Tennessee Historical Society, journal- mer of 1919. After the riots, hundreds ville race riot was Maurice Mays, owner shipped Mays to Chattanooga. A mob the biased portrayal of the event through in political ruin, leading to the argument ist Matt Lakin described Knoxville at of Black people nationwide were beaten of Stroller’s Café on Center Avenue who formed to march to the jail in downtown the media, which appeared to be one of that addressing racism is a moral right that time as such: “For over fifty years, and killed by White mobs due to grow- was also a social debutante and former Knoxville in search of Mays after word the main antagonists in the play. and has to be a priority for our leaders. Knoxville, Tennessee had boasted of its ing racial hatred. Acknowledgement sheriff’s deputy. Mays was a Black man spread about the murder. It parallels reports of current racial Nearly 100 years later in 2011, former harmonious race relations, holding itself of such riots has been absent from our raised by foster parents and was theo- The Black community in Knoxville injustice with Black victims frequently Tennessee Gov. Bill Halsam declined as a model to other American cities.” history books. The few who have writ- rized to be the son of then-Knoxville was mostly concentrated downtown, illustrated as the provokers of their own to clear Mays’ record, deferring to the According to the Journal of Negro ten about this incident in-depth include mayor John McMillian. so the likelihood of a clash grew as demise and their killers viewed as the decision of the jury at the time. History, in 1918 Charles Cansler, a historian Bob Booker in a fictionalized In August 1919, an intruder invad- the mob grew in number and rage. true victims, shifting the narrative to What was unknown to most was prominent member of the Knoxville account and journalist Matt Lakin. ed the home of Bertie Lindsay and killed What the mob did not expect was that put the deceased through the trial of revealed toward the end of the play: Black community, said of Knoxville that, “This story is too powerful not to her in her bedroom on Eighth Avenue. Black people in the area were ready to public opinion and supporting a false five years after Mays was executed, a NOW ACCEPTING SUBMISSIONS “in no place in the world can there be be told from a perspective that doesn’t Police arrived to Mays’ home soon after defend themselves. Stores were looted Categories for the competition include: Adventure, Blue Ridge Parkway, found better relations existing between downplay the truth about the events and brought him to Ora Symth, the only of ammunition and alcohol to add to the races than here in our own county of Culture, Our Ecological Footprint, Flora/Fauna, and Landscape. which occurred on the streets of down- witness and cousin to Lindsay, under a the tension, and it all culminated in the Knox. No race riots have ever disgraced town Knoxville 100 years ago,” says bright streetlight where Symth named heart of downtown with shots fired on SUBMISSIONS DUE Friday, November 22nd by 5 p.m. our city and no mob has ever vented its Jonathan “Courageous” Clark, manag- Mays as the killer. Aug. 31, 1919. Black veterans from the Presented by: fury here upon any Negro victim.” ing director of Carpetbag Theater. “We The play went back and forth be- war participated not only out of a sense $4,000 in cash and prizes Parts of the play described the fal- cannot afford to let anyone forget that tween the telling of Mays’ story and of protecting their neighbors, but also lacy of social progress, with the char- history, for we know if we do, we may portrayals of Black people at the height rejecting surrender to racism after they For more information visit acters naming off all the achievements be doomed to repeat it.” of the riots after Mays’ arrest for the risked their lives for the country a year surrounding Tennessee prior to 1919, appmtnphotocomp.org The cast of “Red Summer” were Ki- murder of Lindsay, a White woman. prior. Some members of the National including being the deciding state to sha Rockett, Jazmin Witherspoon, Will Mays also had relationships with other Guard, though called to stop the riot, give voting rights to women and the Our Ecological Footprint Dorsey, Drew Drake, Carlton “STARR” White women, which made him a target participated with the mob and fired founding of the Knoxville Branch of Sponsored by: category suported by: Releford, Kim Tooks and Andresia of local law enforcement. Before the Su- at Black people to further add blood the NAACP. In between those achieve- “Real” Moseley. The performance was preme Court ruled interracial marriage AppalachianVoices ments were reminders of social decay, legal, any relational interaction between Continued on next page

Page 8 October / November 2019 The Appalachian Voice The Appalachian Voice October / November 2019 Page 9 ticipation of the change, but returning to a slime mold that had been exposed normal when conditions remained stable to salt and a “naive” slime mold that Naturalist’s Notebook for a while. As soon as the cold conditions had not. The molds formed together returned, they resumed the behavior and and demonstrated zero apprehension correctly recalled the appropriate timing about crossing a salted bridge. It ap- How Brainless Slime of the intervals. The researchers note that pears that the habituated slime mold for a single cell to demonstrate such a had educated the naive one through a Mold Challenges Our learning ability demonstrates a “primi- vein after two to three hours of fusion, tive version of brain function.” although it is unclear what is going on Even more incredible, a 2016 experi- inside the channel. Notion of Intelligence ment showed that not only can slime What is clear is that there is some- molds get used to a chemical they don’t thing biochemical going on within these By Hannah McAlister but it poses no harm to grass or like over time, they can share what they brainless, gelatinous slime molds that Scientists have found that a brain- plants, so control is not necessary. have learned with other slime molds by scientists have yet to figure out. Already, less, single-celled organism is capable of Slime mold could be mis- fusing with them. scientists are excited about harnessing solving mazes and even learning. taken for a type of fungi called a This is a form of learning called “ha- slime mold’s abilities in unique ways, This remarkable organism is broad- jelly fungus, and scientists once bituation,” which the researchers tested including creating adaptable, wireless ly known as slime mold, though there classified it this way. But unlike by challenging the slime mold with qui- networks for natural disasters, test- are many kinds. a jelly fungus, slime mold is not nine and caffeine, both harmless, yet ing slime mold’s antibiotic properties firm and will not retain its shape bitter-tasting chemicals. The only way in clinical trials against cancer cells, Researchers from the Smokies All Once the water-soaked surface of this rotten log dries, Physarum polycephalum slime mold will when touched. for the organism to reach its food was converting plasmodial slime mold into Taxa Biodiversity Inventory recorded at no longer be able to travel. The slime will then change form and become stationary. This slime mat least 230 species of myxomycetes — a As cells, slime molds live in is about the size of a dinner plate and was found at Patapsco Valley State Park in Howard County, to cross a bridge covered in the bitter biofuel and more. type of slime mold with one cell sur- the soil and feed on bacteria, re- Md. Photo by Richard Orr substances, which the slime mold was Slime mold’s abilities “might be leasing nutrients that plants need initially reluctant about. This bridge a chance to reconsider what intelli- rounded by membranes and a nucleus 2010 paper published in Science. In the in the process. Once joined togeth- crossing took the slime mold more than gence is,” biophysicist and slime mold — within Great Smoky Mountains Slime Mold experiment, researchers from Japan and “Slime molds are key players in er, these formerly inde- triple the amount of time it took a con- researcher Toshiyuki Nakagaki told National Park. With about 1,000 known Continued from previous page England placed oat flakes in a pattern nutrient cycling, which is incredibly pendent cells cooperate trol group without a chemically treated Discover Magazine. myxomycetes species worldwide, the similar to the way outlying cities are important to how the Earth functions,” and move in unison as bridge. By day six, the slime mold cut So while that nuclear-yellow blob en- Smokies hold nearly a quarter of the speeds of up to 1.35 millimeters per distributed around Tokyo and allowed says Stephenson. a gelatinous, multicel- its crossing time in half. casing a decaying trailside tree limb may known global population, according to second, making it the fastest microor- the slime mold to roam. The research Enemies of slime mold include lular structure that can In a separate experiment conducted look like dog vomit, a closer look might Steve Stephenson, a professor of biologi- team believes that a new model of the rail be up to several meters ganism recorded. u cal sciences at the University of Arkansas. beetles and slugs, to name a few. Since by these researchers, they introduced reveal primordial intelligence in action. in diameter and has the A 2012 study revealed that slime system based on the slime mold’s behav- Those hunting slime mold in Ap- slime mold is not toxic, anything can eat ability to travel faster mold can solve mazes and appears to ior may be more efficient and adaptable. palachia will want to embark during the it. Although some species exist in Arctic and farther than before. learn new things about its environment. A January 2008 study demonstrates fruiting season between late May and regions, most slime mold does not fare In this state, the When food is placed at the end, slime that these amazing organisms can learn early October, after a period of rainy well in cold climates. slime mold transitions mold locates the food by exploring to memorize and anticipate changes in weather, and search among decaying The Amazing Life of a their environment that keep happening. into another significant Slime mold is at least 600 million years old, which means it could every part of the maze. The slime mold logs on the forest floor. Slime Mold part of its lifecycle and be one of the first organisms formed by independent cells joining will find the shortest path to the food In the experiment, scientists lowered Slime mold comes in various colors When food is scarce, the single-celled produces a fruiting together. At top, a chocolate tube slime mold in the Stemonitis and retract all paths that don’t lead to the temperature and humidity around and shapes, from the reddish-brown Ste- organism will emit chemical signals to at- body, which can take genus emerges from a tree at Shenandoah Mountain. Below, wolf’s these points, leaving behind a trail of a plate with slime mold for 10-minute monitis axifera, which is distinguished by tract other slime molds and form a bigger on various shapes and milk slime mold, Lycogala epidendrum, found in the Smokies. slime that chemically signals a dead intervals. Each time, the slime mold its tall stalks, to the vivid yellow of the Photos by Jason Hollinger mass. This chemical process, referred to forms, typically a mil- end, according to The Well, the news would slow down its movement to Fuligo septica, also known as dog vomit as the plasmodial life stage, also prevents limeter or two high. One – that is, simple brains.” platform of the University of Chicago’s conserve energy. slime mold due to its bile-appearance, competition between individuals and aids type looks similar to a small globe atop When studied under a microscope, Marine Biological Laboratory. After three instances of cold condi- which can be as large as a dinner plate. in communication. However, this process a delicate stalk, although stalks are not the complexities of slime mold are ap- Astoundingly, slime mold fairly tions, the scientists stopped manipulat- Fuligo septica is found in forests as well does make the slime mold sensitive to always necessary. The goal of this state parent. Not only does slime mold appear accurately mapped a portion of the Japa- ing the temperature and observed the as among mulch beds in urban areas, airborne chemicals. is to release spores, which the wind or to branch out through vein-like struc- nese rail system, according to a January slime mold starting to slow down, in an- passing animals can transport so the tures, but its movement is quite unique. slime mold can begin the life cycle again. Timelapse footage demonstrates

Do you support FREE The Slime Mold Intelligence that slime mold will slow, stop and into Appalachian reverse direction about every minute, The Appalachian Voice? Slime mold, like some protists,

April / May 2017 giving a pulsating appearance. This is Falla delectable VOICE possesses both plant and animal charac- Help us reach more readers by handing due to a network of fibers and motor

out papers at no cost to you. teristics. But slime mold also has excep- Hitting proteins that cause contractions and selection of our tional intelligence. In an interview with { the Trail allow decision-making. Drop them off at work, meetings, cafes, „ More hikers than ever are traveling the Appalachian Trail Princeton University, the late John Tyler „ The science and synergy “It’s similar to what happens in our seasonal teas. visitor centers, libraries, grocery stores, of trailbuilding Bonner, a professor emeritus of biology universities, shops, doctor’s offices or muscles when they contract,” Juan Carlos The Problems and a top slime mold expert, described Pumpkin Chai Latte other areas in your community you feel with Pipelines del Álamo, a University of California San Fracked-gas pipelines would deepen the region’s them as "no more than a bag of amoeba Warm Bread Pudding the paper is needed. reliance on fossil fuels Diego professor of mechanical and aero-

Also Inside: Leave it to Beavers | Budget Blowback | Refuge and Restoration at Laurel Fork encased in a thin slime sheath, yet they space engineering, told KQED Science. Spiced Autumn Pear Visit appvoices.org/raise-our-voice manage to have various behaviours that or call our Boone office at (828) 262-1500. The pulsating slime mold can reach are equal to those of animals who pos- 1087 Main Street, Unit 4, Blowing Rock, NC | 828-372-7070{ sess muscles and nerves with ganglia Continued on next page

Page 10 October / November 2019 The Appalachian Voice The Appalachian Voice October / November 2019 Page 11 EDITED

Idle Lands The Legacies of Justice coal group top user of loophole allowing mine lands to sit idle

Republished with permission from Ohio action, or lack thereof, at the Looney Coal Valley ReSource Ridge mine, which is operated by A&G Coal, a coal company run by the family Coal is deeply embedded in the By Brittany Patterson of West Virginia Gov. Jim Justice. life and history of Central Appalachia. Standing at an overlook on the top The industry provided jobs and spurred Coal has not been produced here of Black Mountain — the tallest point in In This Section the formation of small towns across since at least 2013 when A&G Coal asked Kentucky — the wooded Appalachian Reclamation 101...... 12 the region, bringing great wealth to Virginia regulators to place the mine in coal company owners while much of mountains stretch on like a sea of green what is called temporary cessation. The Acid mine drainage at an abandoned mine portal. Photo courtesty of Virginia View of the Looney Ridge surface mine from atop Black Mountain. Photo by Brittany Patterson the region contended with poverty. In for miles. permit status allows mining to pause, Idle Lands...... 13 Department of Mines, Minerals and Energy three years, according to CPI’s analysis. the Justice companies defended the rec- boom years, main streets in coal towns For many, this mountain is synony- giving mining companies flexibility on In West Virginia, one Justice mine in lamation work and said idling permits is Abandoned Mine Lands...... 15 were bustling — but after a lengthy fall, coal companies are seeking permission to open mous with the coal industry. It straddles requirements for land reclamation until downturn in the coal industry, those towns are facing McDowell County has been idled for a standard practice across the industry. a new 422-acre surface mine in Tennessee. the state line separating Harlan County, it becomes more economically feasible hard choices about how to balance budgets and bring almost a decade. But as the nation shifts away from Workers Push for Pay After Bankruptcy.....16 Still, the coal industry is in an undeniable decline Kentucky and Wise County, Virginia, two to begin extracting coal again. And, as in new opportunities. Mechanization of the industry — and as it contracts, the scale of the damage it leaves That number doesn’t include the coal toward more economic options communities that have long relied on min- the name implies, this idling of mines is When Coal Companies Go Bankrupt, Who began displacing workers decades ago, and the jobs in its wake is clear. Looney Ridge mine or others nearby for power generation, such as natural ing the black gold contained in its depths. supposed to be temporary. that remain are often high paying but can be tenuous. In this issue, we examine several topics related to in Virginia where coal also hasn’t been gas and renewable energy, some fear Among the lush forests, barren, An analysis of mine permit data con- Cleans Up the Mess?...... 17 In return, the work is difficult and dangerous. the legacies coal is leaving for the land and people of mined for years. That’s because in early the use of mine idling can be used as a Coal mining has long sickened both workers and brown spots dot the landscape, a testa- ducted by the Center for Public Integrity Appalachia. The following pages include stories about 2014, state mining regulators entered stepping stone to abandon mines, pass- ...... people living nearby. This publication has shared how recent bankruptcies are affecting workers and the ment to this history. These are coal mines, finds Central Appalachia is home to about A Pilot Program’s Uncertain Record 20 into a compliance agreement with the ing the responsibility for cleanup to the stories of families with drinking water containing more prospects for mine reclamation, the impact of mines created when the tops of these mountains half of all idled coal mines in the country. Justices to force them to reclaim the site. government and taxpayers. The Black Lung Association Responds to the than triple the legal limit of beryllium, creeks with more left in unreclaimed limbo, and the overwhelming need were removed. From the top of Black CPI found more than 200 mines are idled than 100 times the allowable amount of aluminum, Hepler, with Appalachian Voices, for abandoned mine land cleanup across the region. Mountain, one sprawling mine and its across West Virginia, Kentucky, Tennes- Community Impact Deadly Disease’s Rise...... 23 well-tended homes shaken from their foundations by We also look at how members of the Black Lung said that agreement has not resulted in towering high wall dominate the view. see, and Virginia. About half have been Idle mines, especially those left blasting, upwards of 20 scientific health studies linking Association are fighting for benefits and workplace much actual reclamation. The Virginia “So, we are looking currently that way for three or more years. Ware- untouched for years at a time, can nega- Bankruptcies Highlight Concerns with Black mining to human health problems, and more. protections, and the successes and problems as- Department of Mines, Minerals and looking at Looney Ridge surface mine housing mines using this permit status tively affect the economy, health, and Despite the industry’s overall weakening, mining sociated with a program designed to spur economic Energy has amended the compliance number one,” says Matt Hepler, an en- throws workers and nearby communities environment of nearby communities. Lung Benefits Fund...... 25 is by no means over in the region, and the health of development near abandoned mine sites. agreement multiple times. communities near mine sites is still imperiled. This vironmental scientist with the advocacy into limbo all while crucial environmental “When mines become inactive or “It’s looked like this for as long group Appalachian Voices. cleanup is delayed. idle, they starve a local community, and as I’ve been coming up here,” he said, Hepler has for years been following The analysis shows that the they deprive the community of the coal include reforestation as part of the plan. process is known as phase one bond re- pointing to the same broken-down Justice companies are the na- mining jobs and other related jobs,” said Other uses, such as commercial forests lease. At this stage, the mine looks very bulldozer that has been there for years. Reclamation 101 tion’s most frequent users of coal Joe Pizarchik, former head of the U.S. and hayfields, are also common. much like the surface of the moon, and Tarah Kesterson, a spokesperson mine idling. Thirty-three mines Department of the Interior’s Office of All operators are required to return not a single thing has been planted yet. with the Virginia DMME, said the agen- Understanding the mine cleanup process and a coal preparation plant Surface Mining Reclamation and En- the land to what regulators refer to While in phase two of the bond cy is pushing the Justices to clean up the owned by the Justice family’s forcement, the federal agency in charge By Matt Hepler site, though there is evidence that some as its “approximate original contour” release process, surface mines are re- site and is actively monitoring the situ- companies were idled as of mid- of regulating surface coal mines, during of these bond amounts may be too low through backfilling and regrading. quired to follow the revegetation plan ation as well as conducting inspections. A recent string of bankruptcies in August. Fifteen of those have the Obama administration. (read more about this beginning in the When the state mining agency — or, in their mine permit, which is tailored “We are doing everything within Central Appalachia and across the Unit- been in that status for at least When mines enter temporary ces- centerspread). in Tennessee’s case, the federal mining to the site’s designated post-mining our enforcement authority to ensure ed States is bringing more attention to Matt Hepler of the advocacy group sation employment plummets. CPI’s Reclamation is the actual process of agency — is satisfied with this stage land use. The revegetation plan includes that this gets done,” she said. the vast amount of mined land in need Appalachian Voices. Photo by Brittany analysis found coal operations that have restoring disturbed mine land into what of the work, they release 60 percent of which species of trees and grasses are In a statement, a spokesperson for of cleanup. After extracting coal, mine Patterson. the bond back to the bond owner. This to be planted as well as how much and Continued on page 14 operators are required by federal law to the regulations call the site’s “post- which kinds of fertilizers will bring mined land back to a minimum mining land use.” Status of Mine Reclamation in KY and WV Acres be employed. It generally also level of repair. What that reclamation When companies includes the metrics that will be status entails — and how to make sure apply for a min- used to evaluate the success of coal companies do it — is the subject of ing permit, they the planting. a complex regulatory process. are required to de- To get the phase two por- The federal Surface Mine Control clare what type of • Delicious Deli-Style Sandwiches tion of their bond released, min- and Reclamation Act of 1977 ties the land use the site • Homemade Soups will be suitable for ing companies have to undergo reclamation process to bonds to try Chart displays acreage • Vegetarian Fare two successful planting seasons to ensure that the state has money to after mining. Very in various stages of mine • Dinner Entrees reclamation. Data from and conduct a vegetative as- clean up a site should a company go often, the post- • Desserts mining land use 2019 OSMRE evaluations sessment that is submitted to bankrupt, and to incentivize companies of state programs. Graph • And Much More! the state or federal agency. If to repair the land and water at their is designated as by Matt Hepler unmanaged forest is the post- former mine sites. Typically, mining unmanaged for- 240 Shadowline Drive, Boone, est, which requires mining land use, the success North Carolina (828) 262–1250 companies post a cash bond equivalent Note: All coal mines and facilities that are idle as of Aug. 15, 2019, regardless of length of idle status. www.peppers-restaurant.com to the estimated cost of repairing the the permittee to Continued on page 15 Source: Center for Public Integrity analysis of MSHA data. Graphic by Alexandra Kanik Page 12 October / November 2019 The Appalachian Voice The Appalachian Voice October / November 2019 Page 13 Who Pays? AML Sites Idle Lands Federal regulators have made two Abandoned Mine Lands This map shows abandoned Continued from page 13 attempts since the 1990s to reform the mine problems that are way temporary cessation is used, accord- The cost of reclaiming abandoned mine lands is included in the federal been idled for at least three years had 85 ing to public records obtained by CPI. massive, but the fee that funds cleanup is set to expire inventory. Data from OSMRE e-AMLIS, Sept. 24, 2019. percent fewer full-time employees after Both have stalled. That’s despite a 2010 Map created by Matt Hepler switching into idle status than they did survey of state regulators that showed By Erin Savage production has reduced rev- a year before. most states believed there should be The history of coal mining in Ap- enues, and the fee has never the state’s own inventory “It also puts that land in a totally limits on how long mines could be idled. palachia goes back to the late 1700s — been corrected for inflation. included $4.5 billion. In non-productive state,” Pizarchik said. Federal law only requires that min- and from then until 1977, there was no The current fee structure is addition, cost estimates “It’s not making money on anything for ing companies notify regulators when federal law that ensured coal surface about 23 percent of what the for specific sites may be anybody for the community, and it can a permit will be in temporary cessation mine reclamation after mining. The original would be if adjusted decades old and might be a potential pollution source.” longer than 30 days. 1977 Surface Mining Control and Rec- for inflation. not represent the true cost In addition to being unsightly, there State regulators can reject applica- lamation Act was far from perfect, but The federal inventory of of reclamation. are health and safety risks associated with tions to change mines to an idled status it reduced the risk of companies leaving AML sites accounts for $10.6 bil- Appalachian states leaving mines unreclaimed, said Emily if they find noncompliance or ongoing strip-mined lands without taking steps lion of unfunded remaining recla- — particularly Pennsyl- Bernhardt an ecosystem ecologist and bio- pollution. Kesterson with the Virginia to restore them. This law also created mation needs. Due to deficiencies vania and West Virginia geochemist and professor at Duke Univer- DMME said before an operator can the Abandoned Mine Land reclama- in the federal inventory, however, — have the greatest num- sity’s Nicholas School of the Environment. Note: All coal mines and facilities that are idle as of Aug. 15, 2019, regardless of length of idle status. this estimate is likely very low. apply for temporary cessation, reclama- Jeff A. Hoops permits include permits from Lexington Coal Company. Source: Center for Public Integrity tion program to address the mines that but approval is not guaranteed. In 2017, ber of abandoned coal There is currently an unspent balance of Mines left idled can expose residents to tion must be up to date. In Kentucky analysis of MSHA data. Graphic by Alexandra Kanik companies had already forsaken. Robert Rice, chief of the West Virginia sites in the inventory. But AML funds coal and silica dust. They can also pose a and Virginia, inspections continue while Over the last four decades, the about $2.3 billion in the AML fund. are distributed to states and tribes based are regulated, and that could leave Mura said that following an order Office of Abandoned Mine Lands and risk for landslides and flooding. During a mine is idled, and operators are fined program has provided $5.7 billion to re- The inventory is maintained by on current coal production and his- taxpayers on the hook for paying for in 2011 by OSMRE to reform the state Reclamation, testified before Congress surface coal mining, operators pile tons if violations are found. mediate mine sites that threaten public the Office of Surface Mining Reclama- torical coal production, not how much reclamation. bonding program, base bond amounts that OSMRE removed many of West Vir- of rock and liquid behind earthen dams. While in the past, mine operators may health and safety, including open mine tion and Enforcement and is updated reclamation is needed. As coal mining In Virginia, for example, Justice have increased by about 60 percent. ginia’s AML sites from the inventory. At When left idle, those impoundments face have used idling to pause production to shafts, highwalls, mine fires, acid mine by both states and OSMRE. But not all decreases, especially in the East, some mines have an estimated $200 million “Kentucky has made great strides that time, the inventory included $1.21 a greater likelihood of failing. allow coal prices to rebound, Pizarchik drainage, erosion and subsidence. states have the resources to adequately historic coal states are even less likely worth of cleanup liabilities, according to ensure that reclamation bonds are billion of AML sites in West Virginia, but “You can’t actually make any im- worries the nation’s shift away from coal The program is funded by a per- identify and inventory AML sites. Previ- to receive adequate funds. u to minutes from an April 2017 Coal adequate to complete reclamation in provements when you’re just sort of on means the chances of idled mines being ton fee on coal production so that the ously unknown AML sites are discov- Surface Mining Reclamation Fund Ad- the event of bond forfeiture,” he said. hold,” Bernhardt said. cleaned up are shrinking. industry as a whole takes responsibility ered on a regular basis, and new AML visory Board meeting. As the industry contracts, more WEB FEATURES “I believe it’s extremely for mining’s legacy. Currently, the fee features like sinkholes can develop over While Virginia is moving away bankruptcies are likely, which can open • Learn more about abandoned mine lands, including individual AML sites, unlikely that those mines is set to expire in 2021 unless Congress time, so many state inventories continue from allowing coal operators to “self- the door for companies to walk away with interactive maps at appvoices.org/aml-story-map will ever be activated again acts to extend it again. to grow. bond” — or not put up a cash bond or from mines where buyers can’t be found. • View timelapse footage of mining and reclamation at appvoices.org/ because the price of coal is Since 1977, Congress has decreased OSMRE is required to approve the buy a bond from an insurance firm if a That’s one concern currently play- mountaintop-removal-timelapse never going to go up,” he the fee multiple times, a decline in coal addition of new sites into the inventory, company is deemed to be in good finan- ing out with the Blackjewel LLC bank- said. “The demand is only cial health — some A&G Coal permits ruptcy, which has left more than 1,000 going to continue to shrink.” remain self-bonded, Kesterson said. miners in Kentucky, Virginia, and West of 31,932 acres in West Virginia had If operators walk away aspects of the reclamation process. This That means if the company were to go Virginia without their last paychecks. Idle Lands Reclamation 101 progressed to the first two stages of from idled mines, states includes the cost of necessary earthmov- under, the state would get none of the CPI’s analysis found Blackjewel Continued from page 14 Continued from page 12 mine reclamation by 2018, with 347,796 could face challenges with ing, structure removal, road removal, money required for cleanup. and other subsidiaries owned by former acres of former surface mine awaiting successful revegetation, and dealing mine reclamation depend- life, Bush said he sees the environmental The state has in the past allowed CEO Jeff Hoops had 21 coal mines and metric will include a minimum survival reclamation. In Kentucky, reclamation with potential long-term impacts to ing on how coal mine bonds toll unreclaimed mines can have on the coal companies to pay only partial bond related facilities temporarily idled as of rate for the tree species planted and a work was needed on 213,522 acres as water quality. environment. amounts into a shared pool. The bond mid-August, according to Mine Safety ground cover metric as well. The suc- of 2018, with 46,780 acres progressing While federal law has these bond- Former miner Larry Bush lives near “There’s a little stream that’s pretty pool is meant to supplement cleanup and Health Administration data, and cess standards for various post-mining through the first stages. The data came ing systems in place to try and miti- two large coal mines in Virginia. much filled up with silt,” he said. for more than 150 permits, but the pool seven of those had been paused for at land uses are spelled out in the state or from the agency’s annual evaluation of gate the impacts of coal company Photo by Brittany Patterson. “Nothing can live in it. I mean, there’s has less than $10 million cash. least three years. Many of those mines federal regulations. state programs; cumulative totals were bankruptcy, the system shows signs of nothing, I don’t think.” “The reclamation would cost more have not been purchased since Black- The remainder of the bond is re- not given for Tennessee and Virginia. falling short. An April 2018 report from The 70-year-old Vietnam veteran is than what we have in a pool bond,” jewel’s bankruptcy. leased to the mine permit holder at The public has the right to partici- The Alliance for Appalachia indicates soft-spoken and sports a pair of reflec- Kesterson said of liabilities owed by At least 16 additional operations phase three. This is typically when the pate in each phase of the bond release, that many of the alternative bonding tive aviator glasses. A&G Coal. “So that’s why we’re trying owned by other companies in bankrupt- roads once used by coal transport trucks though the details vary by state. When systems widely used by Appalachian Bush wants to see this region re- to work with them, to get them to pay cy sit in idle status, all of them in Central are removed. Sediment ponds are also each stage of bond release for each states, such as self-bonding and pool bound as the coal industry declines, but for the reclamation.” Appalachia, according to federal data. removed at this stage following some permit is up for review by regulators, bonds, are insufficient. Inadequacies in he struggles to see how that can happen Not all states are concerned. John additional water testing to make sure that announcement is posted in the the bonding system, plus the decline ———— with idled mines marking the landscape. Mura, spokesperson for the Kentucky they are still within compliance. The site classified section of local newspapers. of the coal economy with multiple Retired coal miner and mine inspec- “If they’re not actively employing Energy and Environment Cabinet, said also undergoes a more comprehensive Residents can contact their local state bankruptcies, are leaving many in Ap- tor Larry Bush knows firsthand how people, or actively working the site, in an email that only 10 percent of Ken- idle mines can impact the environment. vegetative assessment. For most post- mining agency and request their own palachia concerned about a new aban- tucky’s coal mines, or 150 permits, are they should be forced to do their recla- mining land uses, the site must be able Bush lives below two Justice mines u inspection to see if the mine is comply- doned mined land problem looming on mation work,” he says. u in temporary cessation. — one that is active and Looney Ridge. to maintain a suitable amount of plant ing with each bond release phase. (Read the horizon. CPI’s analysis examined federal Sitting under a covered gazebo at a park This story was produced by Ohio Valley life without intervention from the per- more about people exercising this right Read more about problems with rec- MSHA data on idled mining permits in the town of Appalachia, Virginia, ReSource in partnership with High Country mit holder. beginning on the centerspread). lamation on idled mines on page 13 and Note: All coal mines and facilities that are idle as of Aug. and is likely an undercount of idled News and the Center for Public Integrity. According to data from the Of- 15, 2019. Source: Center for Public Integrity analysis of where he has lived almost his whole When talking about the envi- how recent coal bankruptcies are raising MSHA data. Graphic by Alexandra Kanik mines because state and federal data are CPI’s Mark Olalde contributed reporting fice of Surface Mining Reclamation ronmental liabilities associated with concerns about mine cleanup beginning on incomplete and often not comparable. Continued on page 15 and Joe Yerardi produced CPI’s data analysis. and Enforcement, a cumulative total mining, the conversation includes all the centerspread. Page 14 October / November 2019 The Appalachian Voice The Appalachian Voice October / November 2019 Page 15 Blackjewel’s Bankruptcy Disaster When Coal Companies Go Bankrupt, Blackjewel and Revelation Energy’s July bankruptcy announcement is the latest in a long string of bankruptcies plaguing the coal industry. But this bankruptcy Who Cleans Up the Mess? is different. The troubles it brings could be a sign of more problems to come. Editor’s note: This three-part story is adapted companies owe Appalachian employees more than $11 million in from blogs written by Appalachian Voices staff back wages in addition to roughly $33 million to investment group members Erin Savage, Matt Hepler and Willie Riverstone Holdings and $23 million to equipment company Cat- Workers Push for Pay After Bankruptcy Dodson, and were first published online on the erpillar. Blackjewel and related companies also owe $60 million By Kevin Ridder Watts and four other former Blackjewel resenting former Appalachian Voices Front Porch Blog in mining royalties to the federal government and somewhere A nearly two-month long protest by miners set up camp in the train’s path. Blackjewel employ- between $10 and $19 million to the Internal Revenue Service. laid-off coal miners in Harlan County, Ky., “We decided that if they were going ees filed a class-ac- Part 1: Bankrupt Coal State and local governments have also filed claims. In Appa- came to an end on Sept. 26. After Blackjew- to take that coal and not pay us, then tion lawsuit against lachia, the Kentucky Department of Revenue claims nearly $20 el, LLC and its affiliate Revelation Energy that’s not right,” says Watts. “We worked Blackjewel asking Companies Dodge Liability million, the Kentucky State Treasurer filed for more than $6 mil- suddenly declared bankruptcy and retro- for that coal and we deserve our pay.” for an undetermined lion, the West Virginia State Tax Department seeks $10.5 million, By Erin Savage, Central Appalachian Program Manager for actively withdrew paychecks in early July, It’s not the first time Harlan County amount in damages. Virginia Department of Taxation claims $1.7 million, and Virginia’s Appalachian Voices a group of miners, their families and sup- miners have taken a stand against the coal No court date was Buchanan County Treasurer seeks nearly $3 million, among others. porters stood in front of a trainload of coal industry — in the 1930s, a series of strikes, set as of press time. On July 1, Blackjewel and Revelation Energy announced Even former CEO Jeff Hoops, who is currently building a that they had mined and not been paid for. armed skirmishes and more took place The U.S. Depart- the companies were entering Chapter 11 bankruptcy. The $30 million luxury resort that includes a replica of the Roman Blackjewel and its related companies between coal miners and law enforcement ment of Labor has la- news was notable for a number of reasons — mines shut Coliseum, is asking for money from his former companies. operated coal mines in Kentucky, Virgin- and security firms hired by coal companies. beled the train cars of down immediately, workers had paychecks retroactively He filed claims for $11 million in an undocumented loan that Watts is one of the few who found coal in Harlan Coun- withdrawn from accounts, and Jeff Hoops, the founder and he says he gave Blackjewel, and another $11.2 million that he ia, West Virginia and Wyoming and em- Former Blackjewel coal miner Blake Watts, above, stands by mining work after the company shut down, ty as “hot goods” due leader of the companies, was forced out within days. claims is owed to other companies owned by him or or his wife. ployed roughly 1,700 miners, including the blockade in Harlan County, Ky., on Sept. 5. Photo by Kevin but he now drives 45 minutes to work each to the unpaid wages, In the past, bankrupt companies have reorganized and So what does all this debt mean for Blackjewel and Revela- more than 1,100 in Central Appalachia. Ridder. At right, Larah Helayne and Pierceton Hobbs, both day instead of five. Some have moved to and a federal judge transferred mines to other companies. But they have generally tion mines in Central Appalachia moving forward? According Many coal companies have gone out of members of youth organization The STAY Project, visit the Alabama to find coal jobs. Others have issued a temporary kept productive mines active‚ allowing employees to keep to data from state mining agencies and the U.S. Office of Surface business in the last few years — but this blockade on July 31. Photo by Lou Murrey time was different. found work outside the mines, and some restraining order on their jobs through the bankruptcy process. Mining Reclamation and Enforcement, Revelation Energy, “Every miner that worked for the have decided to change careers completely. Aug. 23 preventing law enforcement, honked and waved This is changing. In July, David Roberts of Vox wrote, “As Blackjewel and their related companies have about 300 permits company had their last paychecks pulled Former Revelation and Blackjewel the coal from being transported until bank- as they drove by. the industry contracts, it’s a game of hot potato, as failing mines in Central Appalachia. One mine site may require multiple ruptcy proceedings move forward. The out of their accounts, leaving a lot of peo- CEO Jeff Hoops did more than just issue Support from near and far poured in get passed around to increasingly fly-by-night companies that adjacent permits and a permit may be anything from a haul bad paychecks. Although many miners’ judge gave the agency and Blackjewel until ple anywhere between $1,500 to $3,000 for the out-of-work miners at the block- C.O.A.L. for Miners at Powell Valley Na- extract a little value before pass- road to a 1,000-acre surface mine, so pay stubs dating back months show that Oct. 1 to submit arguments as to whether in the negative,” says former Blackjewel ade. Harlan County donated a generator, tional Bank that anyone can donate to, ing them along or going under.” it is almost impossible to identify a Blackjewel deducted money for retirement the coal should be allowed to be sold before miner Chris Rowe. “And then the last six lights, portable toilets and a dumpster to and AppCAA has been collecting donated Blackjewel and Revelation have specific number of mines. Of these accounts, child support and more, at least the miners are paid. days we worked, we never even received the camp. Food donations included canned food and supplies. She states that she has attempted to reorganize, shed- permits, 213 are in East Kentucky, $80,000 never made it to its destination — In mid-September, Blackjewel issued a check for.” goods and an unexpected shipment of 100 delivered most of the donations herself. ding debt and liability by auc- 72 are in Virginia, 12 are in West this is in addition to $8.3 million in payroll final paychecks to the several dozen miners Under Kentucky law, Blackjewel watermelons and about 30 pounds of bacon. “We’ve been paying electric bills, water tioning off mine permits to other Virginia and two are in Tennessee. taxes that were deducted from checks who worked at a mine in Fayette County, should have posted a bond to cover wages “When we first started, all we had was bills to all the miners, and then we’ve been companies. This has been only In a July 25 court hearing, but not sent to the government. One W.Va. Approximately 1,000 miners in Ken- in the event of bankruptcy when it incor- a case of water and a box of pizza,” says taking up donations, food, toiletries, house moderately successful so far. an attorney for Blackjewel stated former employee was threatened with tucky and Virginia have yet to receive their porated in 2017 — but the company never Rowe. “As the days went on, more dona- supplies — everything,” Gilliam says. Jeffrey Hoops is a well- the bankruptcy would convert to jail for missing months of child support checks as of press time in early October, did, the Lexington Herald-Leader reports. tions came in, people started donating these “I try to reach out to those counties in known figure in the Central Chapter 7 liquidation following the payments that he thought he had made. although a deal between the Department On July 29, word got out that a train tents, so we just started setting up camp.” need and go up there once a week, once Appalachian coal industry, auction. This could result in bond “Not only did he put us out of work of Labor and a company associated with was coming to move $1.4 million worth of Speaking at the camp in early September, he every other week or so and take supplies founding several large Central forfeiture of numerous permits, and call our checks back, but even after Blackjewel bodes well for the laid-off work- coal in Harlan County that Blackjewel em- described it as “a home outside of home.” or whatever I can,” she adds. “Some- Appalachian coal companies, which means the companies would the fact we were not allowed to sign up ers. A federal judge approved the sale of ployees had mined without pay — so Blake Soon after Blackjewel announced body’s got to be the mouth of the South.” including Revelation Energy forfeit their reclamation bonds on any kind of unemploy- two Blackjewel mines in Wyoming on Oct. bankruptcy, former coal executive Rich- ______in 2008. He ventured into the and leave the state to clean up the ment or anything because 3, finalizing an agreement that includes ard Gilliam also donated $2,000 to each western coal market when one mine sites and any related water the company was still $5,475,000 in back pay to the workers. In of the 1,700 laid-off miners. Sheldon Bush is one of several Clai- of his companies, Blackjewel, ac- pollution problems. The auction saying that we were em- exchange, the agency would allow the Duffield, Va., resident Laura Gilliam, borne County, Tenn., residents who lost quired Belle Ayr and Eagle Butte occurred in early August, but the ployed,” says Chris Rowe. trainload of Harlan County coal to be sold. a home health nurse and volunteer with his job when Blackjewel shut down. He mines from Contura Energy in negotiated sales are still being final- “So we went probably ______the Appalachia Community Action & states that he knows of five or six others late 2017. These mines were al- ized by the court. In the meantime, three weeks to a month who lived in Tennessee and commuted to ready subject to one bankruptcy Joanne Golden Hill and Teri Blanton monitor water quality the Virginia Department of Mines, ​From July to late September, the clus- Development Agency, or AppCAA, has before we could even sign a Blackjewel mine in Virginia, and that the proceeding when Alpha Natural at Copperas Fork in Daniel Boone National Forest, where Minerals and Energy has initiated ter of tents and camp shelters next to U.S. helped to raise more than $100,000 for up on unemployment.” unemployment benefits in Tennessee are Resources declared bankruptcy acid mine drainage is coming from a site owned by bankrupt bond forfeiture at several mines Route 119 served as a sort of second home the miners and their families by traveling Rowe, who received much worse than Kentucky or Virginia. in 2015. Alpha’s stakeholders Revelation Energy. Photo by Joanne Hill held by the bankrupt companies. for many of the laid-off Harlan County around the region and asking for help multiple job offers during He worked at a factory nearby in formed Contura, which took on On Oct. 3, a federal bankruptcy miners. Several picnic tables covered with from municipal governments. Buchanan the blockade, has since tak- the weeks following the bankruptcy, the Wyoming mines, once referred to as the company’s “crown court approved the sale of the Belle Ayr and Eagle Butte mines newspapers and coloring books sat beside a County, Va., donated $70,000 after listen- en a job as a truck driver. He although it paid $6 less an hour, before jewels.” But within two years, Contura “gifted” these mines in Wyoming to Contura Energy, which is passing them along makeshift kitchen, and the miners and their ing to Gilliam speak. Tazewell County, Va., was one of the first miners securing a job at a Kentucky mine. to Hoops by paying Blackjewel $21 million to take the mines, to Eagle Specialty Minerals, an affiliate of FM Coal. The deal families would often gather around a car funded $25,000, and the Tazewell Board of on the tracks and was the Bush, who has worked nearly 30 in an attempt to shed liability for reclaiming the sites. Now, also solidified arrangements to pay former Blackjewel miners radio to listen to bankruptcy proceedings. Supervisors collectively donated $200 to last to leave along with his years in the mines, calls the Blackjewel Blackjewel is the one that is bankrupt. who were owed back pay (see story on left). The deal awaited Former Blackjewel miner John Cress and his wife Felicia A large white banner with “NO PAY each miner from their personal accounts. wife Stacy, WYMT reports. shut down “a rude awakening” and states The bankrupt companies owe hundreds of millions of dollars. approval by the U.S. Department of Interior at press time. pass the time at the Harlan County, Ky., blockade on Sept. WE STAY” painted in block letters faced Additionally, Gilliam set up a Go In July, attorneys rep- Reporting from watchdog network Little Sis estimates that the 5. Photo by Kevin Ridder the road. Many drivers, including local Fund Me page and a bank account called Continued on page 18 Continued on page 18 claimed acres in Virginia. Luckily, all but Part 2: Acid Mine Drainage in Kentucky The Kentucky Outlook Bankruptcy & Cleanup one of the unsold permits in Virginia are Bankruptcy & Cleanup One possibility is that more mine Continued from centerspread covered by full-cost surety bonds, mean- By Matt Hepler, Environmental Scientist testing, Hill and Blanton informed the Continued from previous page permits held by Blackjewel, Revelation ing that a third-party company provides for Appalachian Voices Kentucky Energy and Environmental and their related companies could go Contura held the Wyoming permits it complies with the law, as water needs the full estimated cost of reclamation. To understand the situation the Cabinet’s Department for Natural into bond forfeiture. before Blackjewel took over in 2017. But to flow into public waterways before it That amount is supposed to be directly state could face in cleaning up mine Resources of the acid mine drainage In a court document filed in early the transfer was never completed, so is subject to water pollution regulations. available for reclamation if the compa- permits liquidated by bankruptcy, travel problem in the creek. August, Indemnity National Insurance, Contura still holds the reclamation lia- The pumps are designed to stop the ponds ny abandons the permit, forfeiting the to the Daniel Boone National Forest in Acid mine drainage forms when a surety company that holds $115 million bility for those mines. In mid-September, from overflowing and releasing acid mine bond. In Kentucky, the unsold permits McCreary County, Ky., where Copperas sulfur compounds in shales and coal of the bankrupt companies’ reclamation Contura proposed a plan where it would drainage into the streams below. It was are covered in part by a third-party sure- Fork and its tributaries often run a bright such as pyrite are exposed to oxygen bonds, objected to the sale of some of take over the permits and then transfer obvious from the spillway of pond 13 that ty bond, and also participate in a bond orange due to acid mine drainage orig- and water, beginning a series of chem- Revelation’s assets. Indemnity National the property — along with $90 million this had happened in the past. pool, which would be available to cover inating from the mined land upstream ical reactions that create sulfuric acid stated that the environmental liabilities in cash — to Eagle Specialty Minerals. Though Blanton, Hill and I had any shortfalls in the reclamation cost. owned by Revelation Energy. and lower the water’s pH, or measure — in this case thousands of acres of un- In exchange, Eagle would operate the tested the creek’s water quality down- It is difficult to determine actual For the past few years, volunteers of acidity. As the sulfuric acid travels reclaimed mined land — were treated mines and assume responsibility for stream on public land, the inspectors The ditches meant to contain runoff from the unreclaimed Aily Branch mine are clogged reclamation liability, as reclamation costs Teri Blanton and Joanne Hill have been downstream, the pH level rises and it as if they had zero value when the sale $237 million in reclamation liability and would not permit us to take water with sediment, which caused this berm to burst and send a torrent of mud and debris to- vary by amount of land disturbed, type testing water quality at Copperas Fork picks up trace amounts of metals like was considered, and that state regulato- related collateral. The OSMRE made samples on the mine site. Instead, a hy- ward the Mitchells’ home this summer. Below, a mine permit sign. Photos by Willie Dodson of mining and water pollution issues, through The Alliance for Appalachia’s iron, manganese and aluminum from ry authorities could be on the hook for several concessions as part of the nego- among other factors. Presumably, the the rocks. When the pH rises above 3.5, drologist sampled locations on the mine hundreds of millions of dollars. Appalachian Citizens Enforcement Kentucky does not have a federally other Central Appalachian states have tiations, including agreeing to not hold third-party bonds should represent the ferric iron precipitates out of the solu- site at our request. However, despite “At the end of the auction,” the Project, which facilitates water quality approved long-term water treatment insufficient bonding mechanisms to Contura liable for any violations that full expected cost of reclamation, at least tion, giving the water a characteristic filing a Freedom of Information Act re- court document states, “the Debtors testing of public waterways below plan in case places like the Greenwood deal with the declining coal economy occur at the mines before Eagle Specialty for the Virginia mines, but bonding pro- yellow and orange color. Once these quest in May, we have not obtained the had sold mining operations in the East coal sites. Following some initial water processing plant surrender their bonds. and widespread bankruptcies of many Minerals begins operating the sites. grams across Appalachia have been acidic seeps begin they can last for de- information the hydrologist collected. with bonded liability of approximately This process, known as bond forfeiture, mines at once. Earlier that week, the bankruptcy chronically underfunded. cades, causing environmental harm and On July 1, a couple months after the $45 million and had failed to sell min- occurs when regulators seize monetary “I am very concerned about this court had approved the sale of the Pax OSMRE reviewed Virginia’s saddling local residents with unhealthy, inspection, Revelation Energy and its ing operations with bonded liability of resources provided by a company in or- bankruptcy and the impacts it will have surface mine in West Virginia to Con- bonding system in 2011 and found contaminated water. affiliate Blackjewel declared Chapter 11 approximately $220 million.” der to fund reclamation when the mine on the streams and wildlife in the Daniel tura, and Blackjewel had requested ap- that the federal agency’s average Federal mining law gives citizens bankruptcy and workers were suddenly The bankruptcy auction ended with operator fails to perform such work itself, Boone National Forest,” Joanne Hill says. proval for a private sale of six Kentucky bond calculations were 26 percent the option to go with an inspector on laid off. no purchasers for the two permits at the either through bankruptcy or neglect. For now, she and Teri Blanton will keep coal mines and related permits to Black higher than those determined by the a mine site inspection that results from Three weeks later, the creek was Greenwood coal processing facility, and A 2018 report from The Alliance for watch over Copperas Fork and wait and Mountain Resources, LLC. On Sept. 17, Virginia Department of Mines, Min- their complaint. On May 1, I joined Blan- more orange than usual. I conducted it is unclear what happens next. The Appalachia outlines that Kentucky and see how the bankruptcy affects cleanup. the bankruptcy court approved Kopper erals and Energy. In 2012, OSMRE ton and Hill to accompany a mine in- follow-up water testing in the national two Greenwood permits are bonded Glo Mining’s purchase of 63 mining per- ordered Kentucky to address chronic spector onto the two permits that make forest, and Blanton called the inspector by Lexon Insurance Company at just mits owned by Blackjewel — 34 permits underfunding issues in its bonding up Revelation’s Greenwood processing again. The inspector found that the under $3 million. Part 3: Bond Forfeiture in Virginia in Kentucky and 29 permits in Virginia. pumps were no longer operating and program. The state addressed the facility. During the inspection, they saw Still, bonding does not always cover By Willie Dodson, Central Appalachian Runoff and debris from the Aily Branch These mine permits being pur- that Revelation was discharging pol- shortfall by instituting the bond pool, several sets of ponds with the character- the cost of reclamation liabilities. A Field Coordinator for Appalachian Voices surface mine in particular has caused chased out of bankruptcy represent luted water from their ponds into tribu- which currently holds about $46 istic orange color of acid mine drainage. 2017 report from the Office of Surface serious impacts to Dismal Creek and the next transaction in the game of hot taries of Copperas Fork. He issued four In Southwest Virginia, bond forfei- million. If the states are still underes- Those ponds were not discharging at Mining Reclamation and Enforcement adjacent property dating back to 2014. potato as these new permit-holders at- cessation orders to the company, citing ture is underway for several of the bank- timating the real cost of reclamation, that time, and the inspector stated that found that Kentucky’s bonds only cov- The most recent incident of this sort tempt to make a profit. But 199 permits significant, imminent environmental rupt companies’ permits. Bond forfeiture that could mean that sites don’t get Revelation was pumping the ponds into ered a little more than 50 percent of the occurred on Aug. 13. across Central Appalachia have not cleaned up, or it could put taxpayers an upper reservoir to form a closed loop damages. Independent lab testing of actual costs associated with mined land is the most severe enforcement action been considered for sales. The majority, at risk of paying the difference. and prevent water from leaving the site. our stream samples also showed unac- reclamation. In January 2018, OSMRE available to mining regulators, and it is Aily Branch Mine 161, are in Kentucky. In part two, we examine prob- This system does not treat the acid ceptable levels of manganese and pH. approved some changes to strengthen extremely rare. “This sort of thing has happened at Contaminated water runs from an old According to state inspection re- lems stemming from two mine sites, mine drainage — it only prevents con- This year wasn’t the first time that Kentucky’s bonding programs — but it On Aug. 1, Virginia’s Department least five times,” says Bobby Mitchell, coal-washing site, under a highway and into cords, there are more than 8,000 unre- which illustrate some of the safety taminated water from flowing off-site. But Blanton and Hill reached out to Kentucky did not approve of the state’s approach of Mines, Minerals and Energy initiated whose property abuts the Aily Branch a wildlife management area in McCreary claimed acres on the unsold permits risks and environmental damages be- officials about acid mine drainage near the to determining the cost of long-term bond forfeiture on four coal mining per- mine. “We just had a short period of rain County, Ky. Photo by Joanne Hill Continued on next page in Kentucky, and more than 900 unre- hind the numbers and dollar figures. old Greenwood coal-washing facility. Hill treatment of mine drainage. mits held by bankrupt Revelation Energy this time, but a big wave of water came explains that they initially contacted state Kentucky bases its bond amounts and its affiliate Blackjewel. On Aug. 12, down off the mountain. One other time work through it, and nobody was going In early August, Tennessee-based miners have moved to find mining jobs, regulators about orange runoff leaving the on an assumption of what 20 years of the DMME initiated forfeiture on a fifth the water coming off the mountain was Workers Push for Pay to get laid off or anything like that, we Kopper Glo Mining successfully bid Phillips does not want to uproot his site in 2016, but an inspector who visited water treatment would cost, but the Revelation permit. Of these five mining so loud it woke up my dad, who really Continued from centerspread were just going to work through the nearly $54 million for several Blackjewel family and has taken up odd jobs here the area disagreed and said the polluted federal agency found that the state did permits, only one was being purchased couldn’t even hear too well. We had bankruptcy,” says Phillips. “Well, we mines in Virginia’s Wise and Lee coun- and there in the meantime. He says that water was within the permit boundaries. not demonstrate that the 20-year bench- by another coal company as of press logs, big rocks, and mud all over our time in early October. The other four that bankruptcies just seem part of the went underground, and we were prob- ties and Kentucky’s Harlan and Letcher if not for his parents and his wife’s job, Hill is frustrated that regulators did mark would be adequate to protect wa- property that time.” appeared headed for liquidation under norm now. ably under there almost three hours, counties. The sale was approved by they would have lost the house. not act after their first complaint in 2016. ter quality. For example, in Tennessee, Appalachian Voices, the nonprofit Chapter 7 bankruptcy. “When these coal places shut down, and they told us to come outside and the court on Sept. 17, and the terms of “Having to struggle trying to get our “Why didn’t they try and do this then where the mine reclamation program organization that publishes this news- The permits currently in question it’s hard on communities; businesses that nobody was to be on the premises.” the sale included a minimum payment kids new school clothes and stuff like and we might could be working on doing is federally managed, the agency main- paper, became aware of are all located in Bu- close,” says Bush. “These small com- Managers then told the miners that of $450,000 to compensate the laid-off that, it just shows you that companies something [to fix it] already?” she says. tains a separate fund for water quality community complaints chanan County, Va., munities thrive on coal. And once it’s they would return to work on Monday, Blackjewel miners, with the possibility of now, they don’t care about their people,” Now, it is unclear what impact these issues like acid mine drainage based on around the Aily Branch and each has arrived gone, the community dries up.” July 8, according to Phillips. But while up to an additional $550,000 from future he says. “And [former Blackjewel CEO cessation orders will have on the site, an assumption of 75 years of water qual- mine in 2017 and visited at forfeiture after a Former Blackjewel employee and he was vacationing with family for the coal revenues over the next two years. Jeff Hoops] didn’t care about us or he as Revelation is still in the middle of ity treatment. OSMRE wrote that the the area to discuss local history of unabated Pound, Va., resident David Phillips recalls 4th of July, Phillips discovered that his Phillips and others hope that they would’ve took care of us. We were just its bankruptcy proceedings. Still, this law does not “provide any exceptions residents’ concerns. After environmental dam- that mine management was vague the day account balance was negative $1,900. can soon get back to work under the there to make him money, he didn’t care acid mine drainage violation highlights to the requirement to post a bond that the most recent washout age, a failure to reclaim that the companies filed for bankruptcy. “Luckily I was with my parents, and new company. one bit about us at all. We were just a several concerns related to reclamation, is fully adequate to cover the cost of rec- affecting Mitchell’s prop- u mined areas, or both. “They said that they were going to they helped us get back home,” he says. While some former Blackjewel number to him.” bonding and bankruptcy. lamation, including water treatment.” Continued on page 27

Page 18 October / November 2019 The Appalachian Voice The Appalachian Voice October / November 2019 Page 19 cosponsors in the House and six co- A Pilot Program’s Uncertain Record AML Pilot Program sponsors in the Senate as of press time Some projects receiving federal funds for economic Continued from previous page in early October. While the AML Pilot program does development near abandoned mines have strong “These are projects that are sup- not require community input before community support; others, not so much posed to have originated from innova- allocating funding, the RECLAIM Act tive thinkers within these communities, would mandate a process for public By Kevin Ridder whereas projects through the traditional engagement before funds are released. Once the headquarters of the AML program, which is important, are And while projects under the pilot pro- Clinchfield Coal Corporation, the often coming on recommendations from gram frequently include environmental unincorporated community of Dante, state agencies,” he says, noting that remediation, they are not required to Va., (rhymes with “paint”) in north- economic development is not typically do so, whereas remediation would western Russell County suffered with a part of traditional AML projects. always be required under the current the decline of the coal industry. Once James explains that each state has RECLAIM Act. a thriving community of 6,000 with a large amount of discretion as to how Questionable Projects multiple stores, a hospital, a movie they distribute AML Pilot funds so that On Sept. 5, U.S. Rep. Hal Rogers theater and more, Dante is now home each state can decide whether to priori- (R-KY) and Kentucky Gov. Matt Bevin About 40 residents attended this Sept. 12 Martin County Concerned Citizens meeting to roughly 800 people. The community of Dante, Va., is building a walking and biking path tize environmental cleanup or economic announced $34.4 million in AML Pilot to discuss how to address the area’s numerous drinking water problems. Read the group’s “It’s the same sad story around and an ATV trail with AML Pilot funds. Above, a new sign welcoming development. funds for 20 economic development new water affordability study for Martin County online at tinyurl.com/martincountywater. Southwest Virginia,” says Russell visitors to Dante, Va. At left, the first general store in the community in But this level of discretion can lead to projects in Eastern Kentucky that include Photo by Roger Smith/The Mountain Citizen County, Va., resident Jarred Glass. more than a decade. Photos by Kevin Ridder questionable AML Pilot projects, especial- a children’s hospital and a drone testing “The town was built on coal. That’s ly when states don’t seek out public input. grant is slated for a new booster pump AML grants, Draper states that public each received $3.3 million. Unlike the “If you come in to St. Paul on a Fri- Porter says that Dante was “a thriving facility. The funds, as well as several other all it knew was coal, that’s what it re- “If there’s not as much public out- station and a 250,000-gallon storage officials need to ask the community traditional AML program, no environ- day or Saturday morning, you’d be sur- town” when he got his first job in the grants, were announced at the 2019 Shap- lied on. There’s never been any other reach, I think it leans more towards a po- tank that Draper says will primarily be what is needed. mental remediation is required for proj- prised how many people come in from coal mines in the 1970s. Knowing that ing Our Appalachian Region, or SOAR, mechanism for anything else to have litical decision to fund certain projects used for a high-security federal prison. “There is zero participation as far as ects funded through the pilot program. out of the area to ride,” he says. “We want much of the community’s population Summit in Pikeville. One of the AML Pilot any draw to Dante.” — or it comes down to pure nepotism,” “They say it’ll help the residents and public input from residents,” says Drap- Some of the projects funded by the to be able to continue that in Dante.” was aging and dealing with problems grants provides $2 million towards new In early 2016, Glass, along with Dan- says James, noting that Kentucky is increase revenue because it’ll be able to er, noting that many community mem- program have occurred with commu- “Especially for that much mileage, related to poverty, the couple set out to infrastructure for the southern portion of te residents and Russell County District “ground zero” for these types of issues. provide water to the prison, but the prison bers expressed outrage about the projects nity input and been well-received. In Russell County and the immediate area give back to Dante. the Martin County Water District. Two Supervisor Lou Ann Wallace, set The AML Pilot program is similar has always been promised as a cash cow at a Sept. 12 community meeting. other cases, communities left out of the doesn’t have anywhere like that to of- Dennis Porter says that the Dante The rural county has struggled out to revitalize the area and formed the to the RECLAIM Act, a bill supported and has never delivered,” says Draper. “A lot of people were saying we process have found that the pilot grants fer,” Glass adds. Community Association is “a wonder- with leaky and contaminated water Dante Community Association, which by Appalachian Voices and others that According to Draper, the problem don’t need this, that this money just are going to projects supported by local In addition to drawing out-of- ful thing,” and especially lauds county lines, water outages and more for years. began to gather local input on how to im- would accelerate the distribution of that most Martin County residents want keeps going to the same people and the elites with little grassroots support. towners to the ATV trails, Glass notes official Lou Ann Wallace’s help in start- But Ricki Draper with local group prove the area. The group saw a chance $1 billion from the AML fund to states to see addressed is repairing residential same projects; it doesn’t help the com- Although Dante did not secure that the trails will showcase Dante’s his- ing to get Dante back on its feet. Concerned Citizens for Martin Coun- to breathe new life into Dante when and tribes for projects that involve water lines — and none of the AML munity,” she continues. “I think really funding in the 2017 round of proposals, tory as a coal town. Although the mine “These people here are struggling,” ty states that the money will not be a Abandoned Mine Lands Pilot funds both mine reclamation and economic Pilot money has been earmarked for only the local elites are in favor of this.” the community applied again in 2018 portals will be closed, the entrances will says Porter. “I didn’t have no idea just boon for residents, and that it won’t be were made available in Virginia in 2017. development. The U.S. House Natural that purpose. Nina McCoy, chairperson of Martin with help from Appalachian Voices, be cleaned off to give trail-goers an idea how bad it was. So we’re going to try enough since fixing the district’s water AML Pilot is an offshoot of the Aban- Resources Committee passed the bill This isn’t the only federal money County Concerned Citizens, argues that the publisher of this newspaper, after of what they looked like. The trail will and dedicate all the service we can to problems would cost an estimated $13.5 doned Mine Lands program, which was in May, and it has yet to receive a full Martin County has received for water AML Pilot money should be used to securing several grants from other also go right behind the Dante Coal and help them. With Lou Ann’s help, we million. Most of the new $2 million created by the 1977 federal surface min- House or Senate vote. The bill had 65 system improvements. At the 2019 help the community rather than large sources for projects including the re- Railroad Museum. can make it work.” ing law. The law requires coal companies SOAR Summit, the U.S. Army Corps of businesses. cently completed construction of a new Jarred Glass describes local talk to pay a fee to the U.S. Office of Surface AML Pilot So Far Engineers gave nearly $2 million to im- “It is high time the voters of this playground and a stone welcome sign. of opening up short-term rentals and Mining Reclamation and Enforcement for Joey James is a senior strategist with Arty-Lee High School prove water service to an area with 250 region demand a new vision for how The association has also received grants possibly putting in a campground. each ton of coal produced. The federal Downstream Strategies, a consulting Across from the baseball field in ing was used as a storage facility by coal homes that is also near the prison and an to use public money for the common to install bike racks and trash cans and “They’re looking at the big picture agency then distributes annual payments firm that has assisted several commu- rural Dante, Va., vegetation curls in and companies for a time before they, too, industrial park. Officials announced $3.4 good,” said McCoy in an email. “No to restore a historic train depot in the of the next few years of what Dante to states and tribes to remediate mines nities applying for AML Pilot funding. around an abandoned building that was left Dante. Boxes upon boxes of broken million in AML Pilot funds in 2018 to self-respecting industry will move good center of town. could look like,” says Glass. that companies abandoned before the He states that the program grew out once Russell County’s only high school mine core samples still litter the floor of repair and improve the district’s water jobs to an area where their workers In March 2019, Virginia awarded Sitting outside the newly opened for African-Americans. The Arty-Lee High one dilapidated classroom as sunlight 1977 law went into effect. of a pillar of former President Barack treatment plant and intake equipment. cannot depend on safe, clean, reliable the association $269,000 in AML Pilot Dante General Store, it’s easy to see how School enrolled 126 students the year be- peeks through the roof. After repeated calls to accelerate Obama’s POWER+ program. And in 2017, the Appalachian Regional drinking water.” funds to seal several mine portals and close-knit the small community is. Resi- fore the county’s desegregation in 1965, The Dante Community Association, Appalachian mine remediation, Con- “Unfortunately, the POWER+ pro- Commission awarded $1.2 million to In June, the U.S. Bureau of Prisons to convert former coal-transportation dents sit down and chat for a spell with according to The Clinch Valley Times. a local volunteer group working to revi- gress created the AML Pilot program gram didn’t come out in the way that replace residential water lines. withdrew plans to build a $510 million infrastructure into an 8-mile walking store owners Dennis and Mildred Porter, Arty-Lee received much less funding talize the community, obtained a U.S. in 2016. Today, the program authorizes we expected it to, but, good for us, there from its school district than white schools Environmental Protection Agency grant As for 2019 AML Pilot grants, offi- federal prison on a former mine site in and biking path, and a 30-mile ATV and just about every driver honks and annual payments from the U.S. Trea- were people within Congress that saw such as Castlewood High School, and it in 2018 to explore restoring the structure. cials allocated $3.37 million in AML Pi- Letcher County, Ky., stating that more trail expected to connect with trails in waves as they pass. Before the couple sury, not the AML fund, to six Appa- the value in economic revitalization of didn’t even have a library or a gymnasi- “Unfortunately, the estimates to lot funds for the Eastern Kentucky Busi- analysis of environmental concerns was the nearby town of St. Paul. raised the modest metal building this um. The school district repeatedly denied restore the building were great due to lachian states and three tribes in an these under-utilized and often harmful ness Park in Martin County. The money needed. Kentucky awarded the project “We’re left with all these old railroad summer that sells everything from food Arty-Lee students’ parents’ requests for the large footprint and large asbestos effort to foster economic development sites,” says James. “The whole idea was would be used to build and renovate $4.5 million in AML Pilot funds in late tracks and tram roads and everything to front doors, residents had to drive more funding, around the same time that content,” wrote Carla Glass with the near mines abandoned before 1977. to pilot the idea of having some sort of infrastructure in the park including 2018 to build water infrastructure for else,” says Glass. “The tracks and all seven miles to St. Paul. the Castlewood added a new auditorium association in an email. The states of Kentucky, Pennsylvania economic development program aimed the construction of a 33,000-square-foot the prison and surrounding homes. those things are gone, but we’re left with “We come up here and built this and football field for the 1960-61 school In place of restoring Arty-Lee High and West Virginia received $25 million at revitalizing these specific areas.” year, the Clinch Valley Times reports. School, Glass states that the Dante Com- facility for future interested companies. Attorneys filed suit against the all these flat roads, basically, that weave right here, no planning whatsoever, the each from the AML Pilot program in According to James, AML Pilot is Russell County desegregated in 1965 munity Association will use EPA funds Three facilities are currently sitting agency in November 2018 on behalf of through the mountains. The framework Lord just spoke to us and said go help 2019, while Alabama, Ohio and Virginia much more open to the public than the when many schools in the county risked to remove the structure and establish empty on the 300-acre site, and only two 21 federal prisoners, claiming that the for trails and things are already there.” them people,” says Dennis Porter. de-certification due to high dropout rates. a memorial in an effort to preserve the received $10 million apiece. The Navajo traditional AML program. companies are in operation there. prison would harm the environment Glass states that ATV riding is a big A former coal and hard rock miner, The now-abandoned Arty-Lee build- area’s African-American history. Nation, Hopi Tribe, and Crow Tribe As far as the planning process for draw to the area. Continued on next page Continued on page 22 Page 20 October / November 2019 The Appalachian Voice The Appalachian Voice October / November 2019 Page 21 AML Pilot Program jacent to a four-lane highway. Norton City Manager Fred Ramey The Black Lung Association Responds Continued from page 21 says that the city hopes to attract ad- vanced manufacturing companies. and expose inmates and employees to “Our goal is to create as many to the Deadly Disease’s Rise health risks associated with the site and high-paying jobs that can accommodate By Kevin Ridder Trust Fund. The trust fund helps a nearby active coal mine. U.S. Rep. Hal our assets and our labor pool that we Once a month, the back room of the support coal miners and their sur- Rogers has been pushing for the prison have in not just the city but in the region Mt. Zion Church in the unincorporated viving dependents in cases where — which would have been his district’s so we can replace a lot of [coal] jobs,” community of Dawes, W.Va., plays host the miners’ employer has either fourth and the most expensive in U.S. says Ramey. to the Kanawha County chapter of the gone bankrupt or has been found history — for more than a decade. Industrial parks on former mine Black Lung Association. Like other chap- not responsible. Set up in 1977, the “The only sensible reason that lands are typically a risky investment ters, the group is dedicated to helping trust fund is funded by an excise seems to support the [prison] is to satisfy since mines are usually located far from miners obtain healthcare benefits through tax paid by companies per ton Representative Hal Rogers’ pork barrel utilities and transportation infrastruc- education and advocating for legislation. of coal sold domestically at a tax politics so that federal tax dollars can be ture, something that the site in Norton The Kanawha County chapter was rate that was unchanged for more spent on construction and development does not lack. In addition to necessary Officials plan to remove this dangerous highwall next to a four-lane highway in Norton, formed in early 2019, making it one than three decades. But Congress contracts with his constituents,” reads utilities infrastructure already located Jimmy Moore, above, of the Whitesburg, Va., as part of an AML Pilot project. Photo by Kevin Ridder of the newest chapters of the roughly failed to extend this tax rate before the lawsuit against the prison. nearby, Norton is situated at the inter- Ky., Black Lung Association. Retired min- 50-year-old association. When the the end of 2018, resulting in a 55 The Bureau of Prisons projected section of two major four-lane highways. West Virginia AML Pilot projects, will This would be the second West er Leonard Pettry, left, at a Dawes, W.Va., organization was founded, members percent cut to the tax. the facility would house roughly 1,200 The industrial park would be owned focus primarily on economic develop- Virginia rail-trail funded by AML Pilot BLA meeting. Photos by Kevin Ridder were focused first on convincing legis- In Kanawha County, nearly 20 Kanawha County Black Lung Associ- inmates and create 300 jobs, which and managed by a regional group of ment. In addition to transforming un- grants. In June 2018, the town of Whites- lators that the fatal, incurable condition former coal miners, their family mem- ation members and others expressed prison supporters argued the region local governments including Norton used railroad tracks into trails alongside ville, W.Va., received $2.25 million in Coleman after the chapter’s meeting. caused by overexposure to coal and sili- bers and others gather around purple frustration that Senate Majority Leader desperately needed. But the Letcher and the counties of Wise, Lee, Scott and the river into a non-motorized path, AML Pilot funds to build the first eight “It takes things away from you that you ca dust was an occupational disease and and white tables to discuss upcoming Mitch McConnell (R-KY) only gave a County Governance Project, a local Dickenson. Ramey estimates the proj- Friends of the Cheat plans to implement miles of the future Clear Fork Rail Trail should be able to do. I can’t hunt because that those afflicted and their families events and the goings-on of the chapter. few minutes of his time to the visiting group formed in opposition to the ect will create roughly 1,700 jobs once a grant program where local businesses on unused railroad tracks. The idea for I can’t go up a hill, I can’t play with my should receive workers’ compensation. Talk turns to politics as the group begins miners and offered no assurances that he prison, argues on their Facebook page companies take up residence. Ramey can apply for grants up to $5,000. The the trail sprung up in a 2015 community grandkids; it robs you of everything.” Once a miner is deemed eligible for to discuss the chapter’s participation in would support the excise tax extension. that a prison would not provide positive expects that dismantling the highwall organization plans to hire a part-time meeting hosted by the nonprofit West “If I had to do it, I wouldn’t do it black lung healthcare, federal law stip- a July visit to Congress by more than “I think we left a good impression on economic development for the county. will begin this fall and that construction coordinator and start an internship Virginia Community Development again, work in the mines,” he adds. “My ulates that the coal company that last 150 coal miners with black lung or their everybody but Mitch McConnell,” says In July, Ada Smith with the Letcher on building sites will begin in 2020. program to assist with community de- Hub’s town revitalization initiative. health is worth more than the money.” employed the miner for at least one year loved ones from across Appalachia. Jimmy Moore, president of the Black Lung County group told The Appeal that the “The biggest benefit is not just to velopment related to the trail. The town expects the trail to span is responsible for doling out monthly The coalition of coal miners and Association chapter in Whitesburg, Ky. A History of Activism campaign against the prison was meant the city of Norton,” says Ramey. “We While portions of the Cheat River a little more than 15 miles with the pos- payments. If the company is unable to their supporters made the long bus trip Rates of black lung disease have sky- Although miners had implored the to underscore the feeling that “the federal really believe that if this is successful, watershed have been reclaimed, there sibility for private bicycle rentals and pay, usually due to bankruptcy, then to call for a 10-year reinstatement of the rocketed in recent years. According to an United Mine Workers of America to de- government isn’t listening to what peo- it’s going to be a huge benefit to the remains a lot of work to be done. Mul- shuttle services to and from Whitesville, the federal government pays through excise tax rate and stronger workplace August 2018 study conducted by federal clare black lung an occupational disease ple want to do here.” She added that the larger region as a whole.” keen states that the trail will branch off according to The Hub. the Black Lung Disability Trust Fund. protections to prevent the disease. In researchers, one in five Central Appala- since at least 1942, the union had yet to campaign has been “a beautiful process Elsewhere in Wise County, a to an area where hikers can see an open Congress votes on whether to Today, members are mainly focused the capitol, the delegation met with 22 chian coal miners who have spent 25 years do anything about it by the late 1960s, in trying to showcase that there is a lot 3.5-megawatt solar farm is slated to be mine portal surrounded by rocks stained reauthorize the AML Pilot program on shortening the legal process to re- congressional offices and held a round- or more working underground suffer according to a West Virginia Encyclope- of interest in federal support of economic built on a reclaimed coal mine that was bright orange by acid mine drainage. annually, and has voted in favor of the ceive black lung benefits — an uphill table discussion that included four U.S. from black lung disease, a 25-year high. dia article by West Virginia University development in this region but this isn’t strip mined in the 1980s and power a fed- “We are doing a spur trail from program for the last three years. Each struggle against bureaucracy and coal senators, miners and the president of Kanawha County Black Lung Asso- history professor Paul H. Rakes. After what people were dreaming of.” eral data center. The project was awarded there to kind of educate the public or year it is approved, states are required company lawyers that can often take the United Mine Workers of America. ciation President Jerry Coleman worked a mine explosion killed 78 miners in Joey James with Downstream Strat- a $500,000 AML Pilot grant in 2019, and visitors on the history of mining and to submit proposals for pilot projects a decade or more — and on securing Federal and state legislators have underground for 37 years. As a result, November 1968 and politicians and the egies says the prison “goes against the Appalachian Voices assisted with the ap- reclamation in the area,” he says, adding to the federal government by Sept. 30, funding for the Black Lung Disability introduced new bills meant to help coal he was diagnosed with black lung and UMWA president defended the compa- spirit of AML Pilot being something plication process. To read more about the that it would likely cost more than $4 though some do so much earlier. miners with black lung lung cancer. that is supposedly designed to drive Wise County solar farm, visit appvoices. million to clean up the portal site and A vote on AML Pilot’s reautho- (see below). But many “[Black lung] will rob your life,” says Continued on page 24 innovation in these rural communities, org/WiseCountySolarFarm. that the state has yet to come up with rization is expected in early 2020. Black Lung Legislation not lock us up.” concrete plans to address the issue. Meanwhile, the RECLAIM Act, which In contrast to Kentucky, James calls West Virginia The project has received public would accelerate the distribution of $1 State and federal legislators have introduced several • H.R.170*: Introduced by Rep. Morgan Griffith (R-VA), • S.B.260* would allow miners to receive partial disability bills in 2019 that support black lung benefits. Bills that H.R.170 would amend the Black Lung Benefits Act to awards if they are diagnosed with black lung but not Virginia’s AML Pilot program the “gold In late 2018, West Virginia granted support. billion from the AML fund to state and awaited decision in committee as of press time in early preserve the Byrd Amendments of the Affordable Care found to be impaired by the disease. standard” for projects. $3 million in AML Pilot funds for the “Local folks are excited about this, tribes for reclamation projects that also October are marked with an asterisk. Act in the event that the ACA is repealed, making it construction of an 8.5-mile rail-trail • S.B.144* would create a state black lung healthcare “It’s actually kind of surprising, we had over 35 letters of support for this provide economic opportunity, awaited easier for miners who worked underground for 15 years program that would provide a minimum of $300 a month because Virginia has a smaller amount along the Cheat River. The funds were project,” says Mulkeen. “We had one a full vote in the House as of press time. Federal and their widows to receive benefits. to miners who establish that they were exposed to coal of money than what Kentucky and West awarded to Friends of the Cheat, a from Sen. Manchin all the way down to On Oct. 31, the Reclaiming Appa- • S.2205*, The Black Lung Benefits Improvement Act: • H.R.3876*, The Black Lung Benefits Disability Trust dust for at least 10 years. nonprofit organization dedicated to re- Virginia are dealing with; only $10 mil- folks who just wanted to see this project lachia Coalition is expected to release a Introduced by Sen. Robert Casey (D-PA), S.2205 would Fund Solvency Act: Introduced by Rep. Bobby Scott • H.B.2588* would clarify that there is no time limit for lion compared to $25 million,” he says. storing the river, which once ran orange happen.” new report detailing current and future create a fund to pay up to $4,500 in attorneys’ fees and (D-PA), H.R.3876 would restore the former rate of the a miner to request a review from a state board that with acid mine drainage. Mulkeen states that Friends of the projects planned for reclaimed mine up to $3,000 in “reasonable and unreimbursed” medical excise tax on coal companies that funds the Black Lung Wise County assesses work-related pneumoconiosis compensation “We’re excited to be able to share bills while the case is established, require all parties to Disability Trust Fund and extend that rate through 2029. Cheat recently applied for AML Pilot lands. The coalition, which includes cases, challenging a recent West Virginia Supreme In 2018, the City of Norton in disclose all medical evidence, strengthen criminal pen- this river corridor with a lot of folks, to funding to create an educational trail several environmental groups including Court decision. Southwest Virginia received $3.5 mil- alties for false statements during the case, and more. West Virginia show them the work that we’ve done and leading to unremediated mine portals. Appalachian Voices, released a similar lion in AML Pilot funds to transform a what the state has done to revitalize the He says they plan to revamp the former report in 2018. A public webinar will be • S.27*, The American Miners Act of 2019: Introduced • Resolution 59 requests the state to study the causes of Kentucky 200-acre former mine into an industrial by Sen. Joe Manchin (D-WV), S.27 would transfer ad- increased black lung rate, determine the best way to Cheat River,” says Friends of the Cheat site of a coal preparation plant into a held at 10 a.m. on Oct. 31 to coincide • H.B.75* would repeal a 2018 state law that halved the park. Appalachian Voices assisted in the ditional funds to the United Mine Workers of America compensate those affected, implement policies to re- Associate Director Owen Mulkeen. destination-worthy trailhead by tearing with the release of the report. Register amount of doctors that miners could visit to obtain a grant application. A portion of the funds Pension Plan, extend and increase the excise tax that duce disease risk, and determine ideal testing methods Instead of environmental remedi- up asphalt, planting native trees, and at tinyurl.com/rac-report-webinar-2019 black lung diagnosis. will be used to tear down a dangerous, funds the Black Lung Disability Trust Fund, and more. to diagnose black lung. The state Senate passed the ation, however, this project, like other adding lighting and park benches. or visit appvoices.org for updates. u resolution in March, and it awaits decision in the House. crumbling highwall on-site that is ad- Page 22 October / November 2019 The Appalachian Voice The Appalachian Voice October / November 2019 Page 23 real hardship on [widows] at a bad time.” Black Lung Association “When the miner passed, the wid- Continued from page 23 ow not only lost her spouse, but lost the Bankruptcies Highlight Concerns with Black Lung Benefits Fund black lung benefits at the same time,” ny, miners decided to take matters into says Cline. “And then they had to file By Willie Dodson by the U.S. Department of Labor to black lung benefits, retiree healthcare their own hands. again to establish their own entitlement When Blackjewel Energy crashed be the “responsible operator” for a and pensions. When Patriot filed for In December 1968, a group of miners to benefits, which could take a long into bankruptcy this summer, the case given miner’s black lung affliction is bankruptcy in 2015, it left more than in Montgomery, W.Va., formed the first time, usually years, to establish that, gained notoriety for the company’s required to provide healthcare and $1 million in miners’ benefits hanging chapter of the Black Lung Association, and it was virtually impossible to estab- affronts to working miners, but its disability benefits for that miner. A in the balance. according to Rakes. Hundreds of miners lish it if they died of a heart attack or a impact on the imperiled black lung 1977 law requires that companies pay Ultimately, the Department of in southern West Virginia went on strike car accident or something other than a benefit fund is also troublesome. a small tax on each ton of coal mined Labor compelled Arch and Peabody to the following February to demand mine pulmonary death.” According to court documents to maintain the Black Lung Disabil- resume payments to black lung bene- safety standards and workers’ compen- “All through the 1990s, the Black filed in July, Blackjewel failed to pay ity Trust Fund — this is the tax that ficiaries they had attempted to shove sation for black lung disease while the Lung Association was making annual $9.7 million in taxes to a federal fund Blackjewel has failed to pay. Compa- off onto Patriot, but who had never nies were historically taxed $1.10 per actually worked at a Patriot mine. In state legislature was discussing mine trips with support from the UMWA to that provides healthcare and disabili- Retired miners with black lung wore Miners with black lung talk with U.S. Sen. Tim Kaine at the capitol during a lobbying trip ton for coal mined underground, and an attempt to continue dodging obliga- legislation. When it looked like the state Washington to lobby for the reinstate- ty benefits to miners with black lung shirts with this design during a July in July. Roughly 150 miners and family members made the trip along with groups like Ap- $0.55 per ton for surface-mined coal. tions to employees suffering from the House was going to pass weak mine ment of the widows provision and the whose employers have gone bankrupt. lobbying trip to D.C. The Black Lung As- safety standards, more than 40,000 West 15-year presumption,” he continues. palachian Voices and Appalachian Citizens’ Law Center. Photo by Erin Savage To be clear: Blackjewel’s workers On Jan. 1, 2019, that rate was cut in fatal disease, Arch Coal unsuccessfully half. The trust fund is already about sued the DOL in federal court. sociation has used the image for decades. Virginia coal miners went on strike, “So the bill would be introduced every apply for benefits. convergence because so much of the cannot depend on Blackjewel to pro- $4.2 billion in debt to the general Benefits owed to miners for leading to the passage of a stronger bill. year through most of those years.” “We try to educate miners on and UMWA constituency is now retired.” vide black lung benefits as the compa- ed to the already-strained Black Lung treasury, and the federal government whom Patriot was found to be the Later in 1969, Congress passed the Cline states that the continued give them information on what they can As many mines are reduced to ny has gone bankrupt, and Blackjewel Disability Trust Fund. projects that debt will now exceed $15 responsible operator were offloaded Federal Coal Mine Health and Safety activism of the Black Lung Association do to win a case, and what they should extracting thinner seams of coal, the has not paid nearly $10 million in tax- It appears that this ongoing bar- billion by 2050. onto the Black Lung Disability Trust Act, which enacted the first mine safety was critical for the inclusion of the Byrd or should not do,” says Brock. amount of dangerous silica dust that es to a fund that provides a safety net rage of bankruptcies will continue to Blackjewel’s failure to honor Fund after the company’s liquidation. standards including limits on dust lev- Amendments in the 2010 Affordable “The company lawyers drag it on miners breathe in has risen greatly in the for workers in exactly that situation. jeopardize the payment of black lung commitments to miners with black And earlier this year, Westmore- els. The law also required companies to Care Act, which re-established the 15- so they can add to their bill,” he adds. past few years. This, combined with coal The bankruptcy court had not benefits directly by coal companies, lung is not unique. land Coal was granted permission by pay compensation for miners disabled year presumption and made it so the “They get paid win, lose or draw. We companies allegedly submitting tam- scheduled a motion to resolve this and rapidly push the federal Black Patriot Coal was formed in 2007 a Texas bankruptcy court to outright by black lung or their widows, with a miner’s spouse automatically received get paid if we win only.” pered dust samples and working miners and other outstanding tax debts as of Lung Disability Trust Fund further and acquired numerous permits from default on $21.8 million in payments federal fund established as a backstop. widow’s benefits after the miner’s Brock notes that this tends to deter longer hours, has led to a massive resur- press time in late September. into debt. Read about how the Black Peabody Energy and Arch Coal that owed to black lung beneficiaries. The law also created what would be- death. However, it can still take years lawyers from taking on black lung cases. gence in both black lung and progressive Under the Black Lung Benefits Lung Association is responding be- carried substantial obligations for These payments have now been add- come the U.S. Mine Safety and Health for a miner’s black lung claim to process. Due to this and other reasons, only 42 massive fibrosis, or complicated black Act of 1973, any coal company found ginning on page 23. Administration and stipulated that if A Long Process percent of claimants are represented by lung, an advanced stage of the disease. a coal miner was disabled from a lung lawyers during the initial black lung “The horrible rates of the disease real- Once doctors diagnosed Kanawha for communities. disease and had mined for at least 15 benefits eligibility determination. ly cry out for a silica standard in coal, and County Black Lung Association Pres- Black Lung Association “They’re a place to gather, to share years, they were eligible for benefits Since founding chapters in Norton they cry out for much more vigilance and ident Jerry Coleman with the disease, Continued from page 24 information and to get help with federal unless their employer could prove the and Vansant, Va., Brock has worked to monitoring of dust levels,” Smith says. impairment was not a result of mining. he waited almost seven years before he black lung compensation claims,” says start up another chapter in Harlan, Ky. She states that the decline in union supposed to be a law that you can’t Rakes writes that, by the early was awarded black lung benefits. Un- Smith. “But also they perform a kind of “I think we can build this organi- mines has made the profession a much work more than 15-and-a-half hours in 1970s, black lung benefit payments fortunately, this story is all too common social function for people whose local zation, and we’re going to have to,” more dangerous one. the mines, and my son would work 20 “You never cease to were costing the federal government among miners with black lung and their union has shut down.” he says. “The politicians understand “There remain union mines, but hours and go right on.” nearly $1 billion per year. This led to the surviving dependents. Moore reiterates that he loves being numbers, and that’s about it.” they’re few and far between,” she says. “I think when the unions started amaze me with the great creation of an excise tax on coal compa- When a miner or their survivors file involved in the Black Lung Association, “[The UMWA’s decline] was very much falling away, that’s when the complicat- story topics and excellent nies in 1977 for each ton of coal mined a claim to receive federal benefits, a U.S. Looking Forward and that he’ll be turning 74 soon. a matter of certain coal operators decid- ed black lung started coming up more, to support the Black Lung Disability Department of Labor physician performs Now an author and Virginia Tech “I’m gonna be to where I can’t go writers to tell the great ing that they wanted the flexibility to run because they was working in more dust Trust Fund. Almost immediately, the a medical exam to determine if the miner professor emerita of women’s and gen- to Washington and fight for what we’ve their mines absolutely as they saw fit.” and longer hours, too,” he adds. tales of our area. Carolina trust fund went into the red — today, has or had black lung disease. After al- der studies, Barbara Ellen Smith came to got,” says Moore. “But I really enjoy being In regards to the resurgence in black Some states like Kentucky provide it’s more than $4 billion in debt. lowing the miner and the coal company West Virginia in the early 1970s to work with my brothers and each of us fighting Mountain Life is now even lung disease, Smith says, “Obviously, their own black lung benefits through In the 1980s, President Ronald to submit any additional evidence, an with the Black Lung Association and for what we think is right for our self and silica is an issue. But I would also the workers’ compensation program. more of a keepsake.” Reagan’s administration enacted much agency district director either approves has been involved in miners’ rights ever for the widows, and for the young miners argue that the decline of the union is Moore says these are easier to access stricter black lung disability eligibility or denies a claim, typically after one year. since. Smith is currently working on a that has complicated black lung.” —Harris Prevost fundamental. The human element does than federal benefits, and that his son VP of Grandfather Mountain requirements, which included ending If the claim is approved, the coal follow-up to her 1987 book, “Digging Meanwhile, the Black Lung As- control the production of dust.” is using the program. the presumption that miners who company almost always appeals the Our Own Graves: Coal Miners and the sociation continues to push for the Jimmy Moore, president of the “I love working [with the Black were disabled from a lung disease and decision, which can lead to the miner’s Struggle over Black Lung Disease.” passage of legislation to address the Black Lung Association chapter in Lung Association], and I love coal worked for 15 years had black lung and request for benefits bouncing around in With the ongoing decline in union deadly disease and make it easier for Whitesburg, Ky., worked in a union mining,” says Moore. “I did, and he did making it more difficult for widows legal limbo for years. mines, Smith states that the Black Lung those affected to obtain benefits (read mine for 22 years. He filed an initial too. But then after you don’t know the to receive benefits. This meant miners “In five years, they’re hoping you’ll Association’s efforts to address the about some of these bills on page 23). claim for healthcare benefits in early damage that it’s doing to you, you think needed to be diagnosed by a federally die,” says Coleman. “Then they just got health needs of miners is critical. Moore emphasizes that organizing new 2019 and has yet to hear back. Moore’s when you’re young, you’re invincible, approved doctor before getting benefits. to pay your wife if you’re married. If you “That kind of organizing just be- chapters has been critically important in “What a great magazine!” son, who worked in a non-union mine and you can just take on the world I John Cline, an attorney based in ain’t married, they don’t pay nothing.” comes more and more necessary,” says getting legislators’ attention. for about 27 years, suffers from compli- guess is what you might say.” Piney View, W.Va., has represented coal It took 14 years for Southwest Vir- Smith. “And the union is of course fight- “I’ve been up there three times, 828-737-0771 • PO Box 976, Linville, NC 28646 cated black lung disease. Barbara Ellen Smith states that miners in black lung benefits cases since ginia Black Lung Association Founder ing the same battle for the Black Lung fighting for it,” he says. “I think it’s At stores & businesses almost everywhere in the High Country “I was exposed to a lot of dust, but while the Black Lung Association is by the early 1990s. He says that the Rea- Bethel Brock to receive his federal black Disability Trust Fund, for pensions, for a good thing, and we’ve got a lot of ... and online at CMLmagazine.com not like my son was,” says Moore. “It’s no means a replacement for the union, u gan-era eligibility requirements “put a lung healthcare. Now, he uses that medical benefits. So there’s kind of a backing now.” [email protected] experience to help other coal miners Continued on page 25 it has served a very important purpose Page 24 October / November 2019 The Appalachian Voice The Appalachian Voice October / November 2019 Page 25 continually renewed, compliance agree- least what the DMME estimates that spokesperson Tarah Kesterson, the for- Pipeline Developers Push Back Bankruptcy & Cleanup ments — compromise plans where com- cost to be. For the Aily Branch mine, feitures are on hold until the meeting Continued from page 19 panies promise regulators to eventually that figure is $10,747,600. These bonds takes place and there is no deadline for Against Grassroots Resistance fix problems on a relaxed timeline. These are also backed up by sureties, which the finalization of a coal mine bond for- erty, he lodged a complaint with the compliance agreements and extensions are insurance policies guaranteeing the feiture anywhere in Virginia regulations. Southgate is unnecessary and that FERC By Kevin Ridder DMME and called Appalachian Voices often occur well before the specter of payment of a debt. This means the forfeitures are es- did not properly analyze clean energy While the Mountain Valley Pipe- for support. At this point, I visited Mitch- bond forfeiture enters the picture. The long history of violations on the sentially on hold indefinitely. While alternatives to the fracked-gas project. line’s environmental problems continue ell’s property to survey the damage, and Why would regulators make a Aily Branch permit provided the state Appalachian Voices is not aware of any The agency put MVP Southgate’s ap- to stack up, developers are pushing then asked the DMME for permission habit of kicking the can down the road of Virginia with ample cause to initiate statute regarding a meeting like this, plication on hold on Sept. 23, stating forward on their plans to extend the to conduct a citizen inspection at the like this? The strongest incentive is bond forfeiture at an earlier stage when Virginia law states that a “request for a that additional information was unfinished 303-mile pipeline by another Aily Branch permit. This inspection was the fear that bonding amounts may Revelation at least presented itself as hearing will not operate as a stay of the required and that a public hearing 73 miles from Pittsylvania County, Va., granted, and on Aug. 27, I visited the site be insufficient, and the forfeiture of financially sound. Instead, regulators forfeiture decision.” Ultimately, DMME must be held before Dec. 22. into North Carolina’s Rockingham and with two state mine inspectors. bonds could require states to assume allowed the company a lenient compli- may allow Indemnity National and Lex- The U.S. Fish and Wildlife Alamance counties. The proposed exten- During the inspection, I saw a large the massive liabilities associated with ance schedule, which has now extended on to directly assume the responsibility Service also raised concerns with sion, called MVP Southgate, would also area of barren dirt and rock along a steep mine cleanup without the necessary into the company’s bankruptcy. of remediating violations and complet- the environmental analysis. In a require a new compressor station to be slope, graded down into the hollow resources to do so. This should be a cautionary tale ing reclamation for these permits, or it Sept. 16 letter to FERC, Fish and built at the Virginia starting point. Above, MVP Construction near Virginia’s Poor Moun- above the Mitchells’ home. Below this There are several ways coal compa- for the DMME and Virginia Gov. Ralph may finalize the forfeitures and contract Wildlife stated that there was not In August, MVP Southgate de- tain in early August. Photo courtesy of Appalachians unreclaimed slope, ditches intended to nies skirt the requirement to post bonds Northam, as other companies — nota- out the necessary work itself. enough information provided for velopers sued five Alamance County Against Pipelines. At left, signs from the September catch sediment and control runoff were that are adequate to fully fund mount- bly, but not limited to, those associated One of these five permits, though FERC or other agencies to make an landowners to gain access to their land ducts this necessary review Climate Emergency Tri-State Pipeline Strike in Roanoke, full of mud and rock to the point that ing reclamation needs across the region. with West Virginia Gov. Jim Justice — not the one above the Mitchells’ home, informed decision. for surveying. In total, the pipeline of its impacts.” Va. Photo: Lara Mack. they did not function. As a result, the Most egregious is the practice of are currently on the same path towards is being purchased by Rhino Resource FERC plans to issue a final envi- company has petitioned 12 residents of In July, Amy Blough, earthen berm on the downslope side of self-bonding, by which a mine opera- insolvency. If, and quite possibly when, Partners, LP. The permit transfer was ronmental impact statement for the cross the Appalachian Trail on federal land. Alamance and Rockingham counties for the widow of a Mountain one ditch had burst through, allowing a tor simply swears that they are capable permits are revoked for Gov. Justice’s not complete at press time. proposed pipeline in December. On Aug. 13, two environmental land access. Hearings on four of the five Valley contractor who was killed by a torrent of mud and debris to rush down of handling the cost of reclamation, family’s self-bonded mines, the DMME “The bond forfeiture goes away groups petitioned the North Carolina new cases were scheduled to be held on Mountain Valley Pipeline falling tree in March 2018, sued pipeline the mountainside, rutting out a head- without any actual transfer of cash would assume $195 million in cleanup with the transfer but the company is Department of Environmental Quality to Sept. 30, and Mountain Valley withdrew developers for failing to provide a safe water tributary to Dismal Creek and into a secured account, and regulators costs with no funds to perform the responsible for correcting the violations Work continues along much of cancel a key water permit for the Atlantic the fifth suit. A judge has so far granted work environment. She states in the accumulating in the Mitchells’ yard. An- agree based on the company’s current necessary work. that led to that forfeiture,” the DMME’s the Mountain Valley Pipeline’s route, Coast Pipeline. North Carolina Climate access to three of the 12 properties, ac- lawsuit that the companies did not mark other sediment pond had overflowed, financial health. Virginia outlawed this Mystery Timeline Tarah Kesterson wrote in an email. but legal challenges currently prevent Solutions Coalition and Friends of the cording to the Times-News. dangerous trees and allowed workers to damaging the mine’s access road. practice in 2016, but self-bonds are still The DMME gave Revelation and “We do give the new company a grace construction at water crossings and Earth argue that the department lacked The regulatory process for the po- use manual tree-felling equipment in- In response to the incident, the in effect for 20 permits in the state that Blackjewel, as well as their surety period to do the work. In some cases, national forests. information on the pipeline’s potential tential new pipeline entered a new stead of waiting for permits to use heavy DMME issued two notices of violation are held by the family of West Virginia providers Indemnity National Insur- the new company may want to change On Aug. 28, FERC ordered the U.S. expansion into South Carolina at the stage when the Federal Energy Regula- equipment in order to meet a tight March to Revelation for failure to control sedi- Gov. Jim Justice. ance Company and Lexon Insurance the reclamation and mining plan in the Fish and Wildlife Service to review a time of the permit’s approval. tory Commission released their draft 31 tree-felling deadline, according to the ment, and one for failure to maintain a Pool-bonding is when a company Company, 30 days from the initiation permit and that would require them to permit allowing Mountain Valley Pipe- Additionally, the groups stated that environmental impact statement for Pennsylvania Record. haul road. But with Revelation bank- posts only a portion of a mine’s estimat- of bond forfeitures to request a hear- go through the permit revision process.” line developers to harm threatened and nine additional natural gas projects are MVP Southgate in August. The public rupt and workers shut out, there is no ed cost of reclamation into a pooled fund ing reviewing the forfeiture decisions. At this point it is not clear who will endangered species in its path. This fol- Atlantic Coast Pipeline planned near the Atlantic Coast Pipe- comment period closed on Sept. 16. one on-site to remedy the situation. with other companies, on the assump- The surety companies have requested perform the needed work at the remain- lows an Aug. 12 petition to the Fish and Construction on the Atlantic Coast line’s terminus in Robeson County, N.C. Environmental nonprofit organization These violations also occurred two tion that while some bond forfeitures a meeting to discern if they would like ing sites, or when. In the meantime, a vast Wildlife Service from several environ- Pipeline has been stalled for months due — a far cry from the two projects dis- Appalachian Voices, the publisher of this weeks after the DMME had already may occur, the total fund will remain to take on reclamation of the permits in expanse of bare dirt and rock sits up a mental groups, including Appalachian to ongoing court challenges. A legal battle closed in the pipeline’s original permit newspaper, submitted a letter to FERC initiated bond forfeiture on the mine, solvent — a premise that is refuted question or simply release the bond to steep slope from Bobby Mitchell’s home. Voices, asking the agency to reverse over whether the pipeline can cross the application. County residents are resist- citing numerous water quality viola- a move supposedly more extreme than in The Alliance for Appalachia’s 2018 the DMME. The agency is not consid- “If we get a real hard storm, it could and review the permit. On Aug. 15, Appalachian National Scenic Trail on ing a proposed liquid natural gas facility tions from Mountain Valley developers simple notices of violations, but in report, as well as a 2012 study funded ering this meeting to be a request for a be really dangerous,” says Mitchell. “Not Mountain Valley voluntarily suspended federal land was unresolved at press time. along with two supplemental pipelines and stating that the pipeline would only reality proving to be equally impotent by the state of Virginia. There are many formal hearing — such a hearing would only could it flood the property, but it certain construction activities in areas The U.S. Fourth Circuit Court of Ap- that Duke Energy and Piedmont Natural benefit private companies and that an in the face of this particularly chaotic pool-bonded mines in Virginia, includ- allow a surety company, or permittee, could actually hurt someone. I’d just like where work could harm threatened and peals stopped construction across the trail Gas plan to build as connectors to exist- economic analysis shows it is not needed. bankruptcy. ing four permits held by Revelation. to contest a forfeiture decision. to see the mountain repaired all the way endangered species. in the George Washington National Forest ing infrastructure, according to Appala- Members of Native American tribes The specific permits involved in This meeting between the DMME, up. That’s the only thing that’s gonna real- The groups also requested that the and in the Monongahela National Forest chian Voices’ Ridge Graham. Bad Bonding Practices in North Carolina have also spoken out. agency suspend the permits during liti- the current Blackjewel and Revelation Indemnity National and Lexon has ly stop the problems we’ve been having.” in December. The federal appeals court “Duke-owned Piedmont Natural When dealing with chronic viola- “The proposed Mountain Valley gation, which the agency denied, citing bond forfeitures are all bonded at the not yet been scheduled and will not be For updates, follow Appalachian Voic- ruled that the agency had violated two Gas wants to build this facility, which tors, the DMME and other regulators Pipeline Southgate extension and con- full cost of reclamation work — or at open to the public. According to DMME es’ Front Porch Blog at appvoices.org/blog. u Mountain Valley’s voluntary suspension. laws and did not have authority to give would pump out hazardous air pollut- struction through the northern part have typically entered into, and often The organizations stated that a voluntary Atlantic Coast developers a right-of-way. ants like benzene, without an air permit of Alamance County would destroy suspension is not enough, observing In June, the U.S. Solicitor General by abusing state regulations for natural- grow our power both as individuals and Duff Benjamin locked herself to construc- approximately two hours before being re- any remaining Native artifacts, burial that construction has been reported to and Atlantic Coast developers asked the gas-powered heaters,” says Graham. Pipeline Resistance as a community,” wrote representatives of tion equipment in Montgomery County, moved, cited for trespassing and released mounds and ancestors left there,” wrote continue. On Aug. 21, the groups filed a U.S. Supreme Court to hear the case. The “This facility is unnecessary and could Continued from page 26 the tree-sit in a Sept. 5 post on the Appala- Va., and stopped work for five hours by law enforcement. Crystal Cavalier Keck of the Occaneechi motion with a federal court to suspend the West Virginia attorney general and rep- hook up to the embattled Atlantic Coast chians Against Pipelines Facebook page. before being arrested and meeting bail. On Aug. 15, two protesters locked band of the Saponi Nation in a Sept. 15 permit while litigation is pending. resentatives from 15 other states threw Pipeline in the future.” multiple individuals have occupied two On Sept. 16, a judge dismissed as- Over two September days in Greenbrier themselves to Mountain Valley Pipeline Times-News op-ed. “The Fish and Wildlife Service’s their support behind the plea. suspended platforms while tree-felling sault charges filed by a Mountain Valley County, W.Va., five protesters were ar- construction equipment and halted The thousands of people who voiced original biological opinion was wholly Tree-sit Reaches On Oct. 4, the Supreme Court an- and other construction activities took security contractor against protester rested after locking themselves to con- work for more than six hours. Both were their opposition to the project were joined inadequate to protect imperiled species in Landmark nounced it would hear the case. No date for place around them. A support camp on Jammie Hale after watching a video of struction equipment and stopping work charged with two misdemeanors, and by the North Carolina Department of the path of the Mountain Valley Pipeline,” Sept. 5 marked the one-year anni- oral argument had been set at press time. the ground has helped to document and the incident in which Hale pointed his for hours, according to Appalachians one, a white woman, was released after Environmental Quality. The agency sub- said Jason Rylander with Defenders for versary of the Yellow Finch tree-sit in the Meanwhile, pipeline opponents are keep watch over the tree-sitters. cane at a security guard. Against Pipelines. All met bail. meeting bail, according to Appalachians mitted a scathing rebuke of the pipeline Wildlife, one of the seven groups involved path of the Mountain Valley Pipeline in calling on Congress to resist any attempts “This blockade is worthwhile not Additional demonstrations continue On Aug. 29, two demonstrators Against Pipelines. The other, a transgen- in response to the draft environmental in the suit. “Further construction on the Elliston, Va. Over the last 365-plus days, by Atlantic Coast developers to pass lan- only because it is effective, but because it to spring up along the pipeline’s route. locked themselves to equipment and der man of color, was held without bail impact statement, writing that MVP pipeline must cease while the Service con- guage into law that would allow them to Continued on page 27 offers us the opportunity to recognize and On Sept. 27, 75-year-old grandmother stopped work in Greenbrier County for for several days before being released. u Page 26 October / November 2019 The Appalachian Voice The Appalachian Voice October / November 2019 Page 27 The Energy Report The Energy Report Electric Utility News From Around the Region Trump Administration Rolls Back More Environmental Protections courage energy efficiency and renewable Tennessee Valley possibility of adding up to 14 gigawatts On Aug. 27, the N.C. Utilities Com- energy investments by ODP’s customers Methane Emissions er companies have said they intend to Light Bulb Standards Coal Ash Storage Authority of solar, but TVA recommended the mission ordered Duke Energy to revise and protect the utility’s profits,” said Ap- On Aug. 21, the U.S. Environmental self-regulate their emissions regardless. The U.S. Department of Energy is The Environmental Protection Memphis Light, Gas and Water inclusion of only 5.5 gigawatts to the long-term energy generation plans for palachian Voices’ Chelsea Barnes. Protection Agency announced its intent Protected Waters revoking light bulb energy standards Agency announced a proposal to alter board of directors. its two subsidiaries in the Carolinas and to roll back Obama-era methane emis- that were set to take effect in 2020. the 2015 coal combustion residual rule — the largest of the 154 local power The commission is expected to de- The Trump administration is re- to potentially address state emission sion regulations. Methane is a harmful Implemented in 2007 by President on July 30. The regulations require coal companies that buys power from the Duke Energy cide on the rate hike request early next pealing an Obama-era definition of the reduction goals. But the monopoly util- year. A public hearing in Norton, Va., was greenhouse gas that is 80 times more George W. Bush and continued by the ash fill projects greater than 12,400 tons Tennessee Valley Authority — is study- On Oct. 2, the N.C. Senate unex- “waters of the United States.” The 2015 ity’s Sept. 3 updates to the plans rely far held Oct. 2, and the official case hearing potent than carbon dioxide in trapping Obama administration, the standards to implement environmental protections ing whether cutting ties with TVA pectedly voted on and passed S.B.559, definition clarified the scope of waters too heavily on fracked gas, according to is slated to begin on Jan. 22 in Richmond. heat in Earth’s atmosphere. Smaller were meant to phase out incandescent and follow onsite dry ash storage re- would cut costs. If the Memphis utility a utilities bill backed by Duke Energy protected under the federal Clean Water the Sierra Club’s David Rogers. Appalachian Voices is intervening in domestic companies supported the and halogen light bulbs to increase quirements. If passed, the proposal will left TVA, substantial rate increases for that includes a controversial multi-year Act, adding many wetlands and smaller While the utility projects adding 4.8 the case. Public comments can be submit- rollback, but it was met with pushback energy efficiency and reduce costs. Crit- eliminate onsite storage requirements the other 153 companies would likely rate plan. Critics, including Appalachian waterways to the list. The EPA’s new gigawatts of solar and battery storage ted until Jan. 15, 2020 at.scc.virginia.gov/ from global oil and gas companies that ics of the rollback state that the Trump and enforce environmental protection re- follow. A Sept. 11 analysis found that the Voices, the publisher of this newspaper, definition, anticipated to be finalized this over the next 15 years, it also plans to add case/PublicComments.aspx. Be sure to claim they are committed to reducing administration’s changes could lead to quirements only at sites with geographic Memphis utility could save more than allege the plan would smooth the way for winter, is expected to remove federal pro- 12.1 gigawatts of fracked gas in the same reference docket PUR-2019-00060. their environmental impact. Many larg- higher energy bills and more pollution. vulnerabilities. — By Rachael Kelley 33 percent in power generation costs if Duke to charge ratepayers an additional tection for many of these water sources. period — up 33 percent from Duke’s it broke from TVA. $23 billion over 10 years with less public Dominion Energy In a Sept. 22 article, the Energy and 2018 estimate. Duke also plans to keep accountability. Although state Senate On Aug. 29, Virginia regulators Policy Institute, a watchdog organiza- some coal plants open through 2048. Audit Finds Mine Safety Penalties Ineffective Study Shows Wood Pellet Electricity Harmful to Climate rules stipulate that bills must be posted reported that Dominion Energy had col- tion, stated that TVA is attempting to Old Dominion Power A recent analysis of three Southeast profit Southern Environmental Law Center. on the calendar at least 24 hours before a lected an excess of $277 million in profits A federal audit of the U.S. Mine mended that MSHA develop ways to wood pellet mills and the United Kingdom The three mills in the report are located lock many of its local power companies vote, legislators placed it right after start- In July, Old Dominion Power Com- in 2018 over the state-approved level. Safety and Health Administration, measure the effectiveness of penalties, power plants that burn their pellets reveals in Louisiana and Mississippi and, combined, into 20-year contracts to stop them ing the session and passed it 26-16. The pany, a unit of Kentucky Utilities, filed The typical monthly residential bill has released in August 2019, found no evi- but MSHA expressed difficulties, tell- that burning trees for electricity, even from produce up to 1.5 million metric tons of wood from jumping ship. Most companies N.C. House of Representatives had not an application with the Virginia State increased $23.17 since 2007, according to dence to support a correlation between ing NPR that fines are one of many sustainably managed forests, would in- pellets per year. This is sourced mainly from have contracts that are renewed every crease carbon pollution for more than four non-industrial pine plantations. The biomass voted on the bill as of press time on Oct. 3. Corporation Commission seeking to in- a state report released in August. payment of mine safety penalties and the variables to make mines safe. 10 years or fewer. The new contracts, decades as compared to the status quo. is burned in the U.K., where mill owner Drax The latest bill resulted from a confer- crease its monthly rates by an average of The utility also seeks to raise the safety of mine operations over 18 years. West Virginia Gov. Jim Justice and which more than 125 local power This exceeds the Intergovernmental Panel Biomass has converted four coal-fired units ence committee that formed to reconcile $28.93 for residential customers, and raise approved profit level from 9.2 percent Wes Addington, executive director his family own the most delinquent companies had signed as of press time, on Climate Change’s timeframe for critical using government subsidies. the versions that passed the state House its revenue by $12.7 million. The rate hike to 10.75 percent, compared with the of the nonprofit Appalachian Citizens mine companies in the country. The carbon reduction. The Southern Environmental Law Cen- require the companies to give a 20-year and Senate. On Aug. 27, the state Senate would raise power costs in two economi- actual 2018 overcollected figure of 13.47 Law Center, told National Public Radio companies owed $4.7 million in unpaid Research firm Spatial Informatics ter states that Southeast pine plantations are notice before leaving. struck down an amendment to S.B.559 cally distressed Virginia counties. The percent. Dominion plans to invest $16 that “penalties just aren’t high enough mine safety penalties as of September, Group conducted the study for the non- seen as a way to meet demand as the wood In August, the TVA Board of Direc- that the state House had passed one week utility also seeks to raise its base service billion of ratepayer dollars in “grid im- to deter bad behavior.” which accounts for nearly 10 percent of pellet industry rapidly expands. –– H.M. tors approved a power generation plan earlier. The amendment would have re- charge by $4.13 to $16.13 per month. provement” and capital projects, which The auditors looked at coal, metal all mine-related delinquent debt in the Newsbites for the federally run monopoly utility quired a study of the bill’s most disputed “These high fixed charges proposed is expected to increase residential bills and nonmetal mines together. United States, according to information through 2030. TVA plans to retire 1.9 States Sue Over New EPA Carbon Rule allowed further discussion. After Kornrich provisions, including the rate plan. by ODP are specifically designed to dis- by $29.37 per month by Dec. 31, 2023. The auditors recommended that disclosed by MSHA. resubmitted a clarified amendment for a gigawatts of coal power by 2023 and In August, 22 states and seven cities, State campaign finance data MSHA hold mine operators accountable In May, MSHA and the U.S. De- including Virginia and North Carolina, sued vote in 2020, Ball instead called for an im- evaluate the closure of another 2.2 giga- shows that three of the five Senate ap- Kentucky Residential Solar Costs Expected to Rise for their safety record by not allowing partment of Justice sued the Justice the U.S. Environmental Protection Agency mediate vote contrary to co-op procedure. watts if cost effective. The utility also over the Affordable Clean Energy rule, The amendment failed.— K.R. pointees to the conference committee Starting in 2020, a law changing solar cent next year, eliminating it entirely by 2022 them to open new mines if they have family for failure to pay. In July, law- plans to add between 2 to 17 gigawatts which loosens Obama-era restrictions on were among the top five recipients of energy costs in Kentucky will take effect. for residential customers. The law also tasked outstanding penalties. However, MSHA yers for the Justice family filed a mo- Clean Air Lawsuit Against NC University of new natural gas capacity. coal-fired power plants. The states behind Duke’s campaign donations to state Currently, Kentucky residents with solar the Kentucky Public Service Commission with claims they do not have the legal au- tion to dismiss, which federal prosecu- On Sept. 17, the Center for Biological the lawsuit all have Democratic attorney The utility’s plan also mentions the senators in the 2018 election cycle. panels can feed their extra energy back setting new home solar compensation rates thority to do this. Auditors also recom- tors refused. –– By Hannah McAlister Diversity and the Sierra Club filed a notice of generals who claim the rule violates the into the grid, receiving full compensation for each utility. The changes are expected to intent to sue the University of North Carolina federal Clean Air Act by undercutting ef- from utility companies for the amount they increase the cost of residential solar energy. at Chapel Hill for ongoing violations of the forts to reduce greenhouse gas emissions Coal Company Seeks Mine Permit in TN Wildlife Area produce. The process, called “net metering,” The commission is accepting written NC and VA Announce Clean Energy Goals federal Clean Air Act. The infractions include and the carbon footprint of power plants. is supplemented by a 30 percent federal tax comments until Oct. 15 and scheduled a 9 using two outdated coal-burning boilers and West Virginia Attorney General Patrick The U.S. Office of Surface Mining, Triple H Coal, LLC, originally filed credit for the system’s cost, making solar a.m. public hearing on Nov. 13 at the PSC On Sept. 27, North Carolina Gov. establishing clean energy goals for the exceeding federal air pollution limits. — R.K. Morrisey callsNewsbites the lawsuit a “power grab,” Reclamation and Enforcement, which the permit in 2014, and the groups energy a financially feasible choice for many. offices in Frankfort. The commission will have Roy Cooper’s announcement of a clean commonwealth. The order requires Report on Ohio Secret Fracking Chemicals according to WOWK-TV. –– H.M. directly controls surface mining in objected then as well. Their original S.B. 100, which became law in March, to approve utilities’ new net metering rates in energy plan for the state was met with several state agencies to develop a A report by Partnership for Policy In- Tennessee, has reopened the permit concerns include the potential for new will reduce the residential tax credit to 26 per- 2020. — By Rachael Kelley applause from environmental groups plan by July 2020 to meet renewable Co-op Members Condemn Board Actions tegrity discovered that between 2013 and process for a proposed 422-acre mine acid mine drainage problems, threats — but protesters also called on Coo- energy goals, which include sourcing After Powell Valley Electric Coopera- 2018, Ohio gas and oil companies injected tive’s Sept. 21 annual meeting, member- classified chemicals nearly 11,000 times into in Campbell County, Tenn. to human health in the area, harm to per to revoke permits for the Atlantic 30 percent of Virginia power from re- Fracking Waste Leaches into Pennsylvania Waterways owners with co-op reform group PVEC more than 1,400 wells. Ohio law does not re- Environmental groups Tennessee federally threatened blacksided dace Since at least 2009, the Pennsylvania plants cannot treat the radioactive material, Coast Pipeline and to end large-scale newable resources by 2030. Northam Member Voices accused co-op leadership quire disclosure of chemicals deemed “trade Clean Water Network, Sierra Club, De- and damage to the hydrologic balance Department of Environmental Protection has they release it into waterways instead. deforestation that is supplying Euro- also announced a goal of achieving full of mischaracterizing a proposed bylaw secrets.” The report authors say this puts the fenders of Wildlife and SOCM wrote to beyond the mine permit boundary. The allowed 14 sewage waste treatment plants “Sanitary landfills are no place for drill- pean biomass power plants. The plan carbon neutrality in the electric genera- amendment before it was voted down by public at risk and prevents first responders the agency to express their objections. groups urged the agency to consider to leak radioactive fracking waste into 13 ing wastes that contain toxic metals, organ- is a follow-up to Cooper’s October 2018 tion sector by 2050 using sources such the membership. The amendment would from preparing for chemical spills. —R.K. Pennsylvania waterways, according to an ics, and radioactive materials,” John Stolz of have clarified members’ ability to attend and The groups wrote, “The proposed per- the cumulative impacts to land, air and executive order, which set a 40 percent as nuclear, solar and wind. The order New Power Plant Application Filed in WV investigation by Public Herald. Duquesne University told Public Herald.“The record board meetings, access minutes and mitted area falls almost entirely within water from other nearby coal operations greenhouse gas emissions reduction does not define “renewable energy,” In September, the owner of Longview When the Pennsylvania landfills accept leachate from these landfills is so toxic it address the board as a permanent right. the North Cumberland Wildlife Man- when evaluating this mine. goal for state agencies by 2025. The plan which could include carbon-intensive Power in West Virginia applied to build a fracking waste, radioactive materials pulled kills the microbes whose job it is to treat it.” A PVEC attorney incorrectly told mem- agement Area ridgelines that the De- The agency is holding an informal sets a goal of full carbon neutrality in the biomass and trash incinerators as combined-cycle gas-fired power plant and a from the earth’s core — some of which are Public Herald’s investigation estimates bers that the amendment would lead to a solar facility adjacent to its coal-fired plant. The partment of the Interior has designated hearing about the mine at 6 p.m. on Oct. carcinogens — contaminate the landfill that between 500 million to 1.6 billion gallons electric power sector by 2050. power sources. Additionally, the order rate increase, according to member-owner gas-fired power plant would include a 6.2 mile- as unsuitable for coal surface mining in 15 at the Jacksboro municipal building leachate. Duke University’s Avner Vengosh of leachate could be released into Pennsyl- On Sept. 17, Virginia Gov. Ralph makes no mention of the Mountain Val- Bill Kornrich. When Kornrich attempted to long, 20-inch-diameter gas pipeline. — R.K. its December 7, 2016 decision.” in Jacksboro, Tenn. — By Molly Moore told Public Herald that because sewage vania rivers per year. — By Rachael Kelley Northam signed Executive Order 43, ley or Atlantic Coast pipelines. –– K.R. speak, PVEC Board Chair Roger Ball dis- Page 28 October / November 2019 The Appalachian Voice The Appalachian Voice October / November 2019 Page 29 Inside Appalachian Voices Inside Appalachian Voices

Appalachian Voices is committed to protecting the land, air and water of Member Spotlight the Central and Southern Appalachian region. Our mission is to empower Energy Democracy Tour Gathers Communities’ Visions for Our Energy Future Waltr Lane: The greenneck poet people to defend our region’s rich natural and cultural heritage by providing them with tools and strategies for successful grassroots campaigns. The Tennessee Valley Energy De- • Safe, secure and skilled energy By Molly Moore life of the people around me without an old, unstable mine slope. Now, he mocracy Tour has nearly completed its jobs created and supported with “I write to say things, not to be having to suffer from cancer, without says, kids aren’t allowed to play on Organizational Staff first phase of events, visiting more than workforce training talked about,” the poet says. having to breathe the dust of the road, the hill because of the sinkholes. One 10 different communities and hundreds • Energy decisions democratically Executive Director ...... Tom Cormons Waltr Lane began writing when without having to get in trouble for day, he and his wife came home to of people throughout the Tennessee Val- controlled Deputy Executive Director ...... Kate Boyle he was 11, but the habit truly took off expressing opinions,” Waltr says. “I find that the ceiling had fallen in on ley Authority’s footprint. This regional Overwhelmingly, communities after his first poems were published don’t consider myself an environmen- their bed, a fact that he attributes to OPERATIONS & ADVANCEMENT listening project was coordinated by Ap- expressed that TVA’s current decision- in 1985 by the Appalachian Journal. talist, I consider myself a ‘greenneck.’” underground mining nearby. Director of Finance and Operations ...... Maya Viknius palachian Voices, Science for the People, making model is disempowering and Operations Manager ...... Shay Boyd A resident of Eastern Kentucky, “I can be writing about a kids’ According to Waltr, many people Statewide Organizing for Community ignores community concerns and priori- Director of Strategic Advancement ...... Brian Sewell Waltr has also been published in Ap- story and the environmental issue share his concerns, even if they don’t eMpowerment (SOCM), and more than ties. Many ideas were generated around will crop up in it because I worry feel comfortable speaking out. Advancement Manager ...... Leigh Kirchner palachian Heritage and the Journal of Operations and Outreach Coordinator ...... Meredith Shelton a dozen other organizations, community TVA reform that targeted the federal util- about my grandbabies and what kind He distributes several dozen cop- Kentucky Studies, among others. His Membership and Advancement Associate ...... Maggie Stokes groups and local power companies. ity’s governance structure, communica- poems are frank, decrying abuses of of life they’re going to have,” he adds. ies of each issue of The Appalachian During the tour stops, communities tion processes and revising the TVA Act. PROGRAMS land and water while also condemn- He describes the Tug River in West Voice, and says he is “having a happy participated in education sessions about The Tennessee Valley Energy De- Virginia running black from coal pollu- second childhood and am a paper Director of Programs ...... Matt Wasson ing society for preventing people from Senior Legislative Representative ...... Thom Kay the structure, history and impacts of the mocracy Tour will make its final stop tion when he was a child, and struggling boy.” In addition to bringing copies to fishing with dynamite, as he says his Senior Energy Analyst ...... Rory McIlmoil TVA energy system. Attendees provid- in Anderson County, Tenn., with com- to breathe while driving past a coal-fired locations like libraries and a medical Knoxville Energy Democracy Tour attendees grandfather used to do. His work also Central Appalachian Program Manager ...... Erin Savage ed input during listening sessions and munities living near the Bull Run Fossil share ideas during education modules, above comments on the “hillbilly” stereo- power plant in the 1950s when the emis- clinic, he also hands them out to indi- Central Appalachian Field Coordinator ...... Willie Dodson asked questions such as, “What do we Plant, which TVA voted to close earlier and left. Photos by Jamie Goodman. type, a label that he proudly reclaims sions exacerbated a headcold. Waltr viduals as an entry point for conver- Central Appalachian Environmental Scientist ...... Matt Hepler want for our energy future?” and “What this year. After processing notes from North Carolina Program Manager ...... Amy Adams as a self-described Hillbilly Poet. While comments that the establishment of the sations about environmental issues. needs to change at TVA in order for us the sessions and conducting additional electric utility system and the pitfalls North Carolina Field Coordinator ...... Ridge Graham much of Waltr’s writing carries an U.S. Environmental Protection Agency “The important thing is, if we to reach that future?” research, groups involved with the tour of Duke Energy’s monopoly control. N.C. Field Coordinator, Energy Democracy ...... Josh McClenney environmental theme, he shies away has made a big difference, but he doesn’t don’t stand for something, we fall for Information from the visioning will release a report that summarizes the Both events have allowed ratepayers to think environmental protections are be- everything,” Waltr says. “And if we Virginia Program Manager ...... Peter Anderson from the term “environmentalist.” Virginia Field Coordinator ...... Lara Mack discussions is still being processed, but feedback we heard and provides a list continue dialogue about the issues their ing adequately enforced. “I feel like the make a dent in life for a better purpose “I’m just a person who has an Tenn. Field Coordinator, Energy Democracy ...... Brianna Knisley emerging themes include: of policy suggestions for reaching the communities face, as well as plug into interest in a lifestyle capable of sup- regulations are a hoax,” he says. then we’ve accomplished more than Tenn. AmeriCorps Stewards Member ...... Jack Meyer • Just, equitable energy production energy future that communities want. local events and movements. Ratepay- way across North Carolina with events porting my family and supporting the Waltr’s experience is personal; some people do. The purpose is to Regional Dir. of Community & Economic Development ... Adam Wells and use Keep an eye out for this exciting update! ers have made it clear that it’s time to planned for Oct. 23 in Charlotte, and his former house was threatened by leave things better after we’re gone.” New Economy Program Manager ...... Chelsea Barnes • Environmental health prioritized After two successful stops in Ra- end the Duke monopoly. New Economy Field Coordinator ...... Tyler Hughes Boone in early November. Poems by Waltr Lane with renewable, efficient energy leigh and Asheville, the Energy Jus- Stay tuned for upcoming events in Southwest Virginia Solar VISTA ...... Austin Counts The tour is bringing communities Virginia! Visit EnergyDemocracyYall.org Before I Was Hungry Appalachian Wildlife The Hillbilly Poet generation tice North Carolina, End the Duke Communications & Technology together across the state to discuss the for details. (search for place) • Locally owned energy generation Monopoly Tour continues to work its Before I was poor The Conservatives said Sr. Communications & Public Engagement Specialist .... Cat McCue the fish from the creek we shouldn’t buy birdseed The hillbilly poet can’t die Senior Communications Coordinator ...... Jamie Goodman Clean Water, Not Pipelines! were supper because feeding the birds He has no place to go. Editorial Communications Coordinator ...... Molly Moore Power to the the water from our well, made them lazy like us. The coroner buried a stranger’s child Graphics & Digital Communications Coordinator ... Jimmy Davidson Communications Associate ...... Kevin Ridder Help us protect state water quality authority spring and creek were In the hillbilly poet’s burial plot. People Pilsner “They” strip-mine the flowers, IT Specialist ...... Jeff Deal clear in a drinking glass. the trees, the gardens, the fields, A hillbilly isn’t even uncouth Wild Wolf Brewing Com- We are continuing to fight the expansion of fracked- INTERNS Before I was poor blacktop the worms’ homes. Enough to evict a child from pany in Nellysford, Va., is in gas pipelines that threaten our lands and waterways and Energy Democracy Assistant ...... Sarah Cortinas there were no air filters His grave. the process of brewing our that stand to heighten our use of climate-altering methane What are the birds to do? Operations and Outreach Assistant ...... Lauren Wheeler on our furnace, The Library of Congress ruled benefit beer! The “Power to gas. As our latest legal challenge against Mountain Valley And, us wildcats, too? Editorial Assistant...... Rachael Kelley you couldn’t see the The hillbilly poet can’t copyright the People Pilsner” raises Pipeline developers moves forward, we are keeping an Editorial Assistant...... Jack Singletary air in the road in front His imagination unless he writes a book. awareness of our work to eye on the courts and Congress to help keep construction Voices of our house. Appalachian His keyboard person/typist says advance an inclusive clean of the Atlantic Coast Pipeline at bay. We are also partner- Board of Directors She won’t type his book, energy future for Appalachia. ing with communities near the proposed route of MVP Before I was poor, Business League Chair ...... Kim Gilliam That would make her a professional. Thank you to all of the art- Southgate and near the terminus of the Atlantic Coast I was never hungry Vice-Chair ...... Dot Griffith Wise County Solar Tour She is an ombudsman—almost a real man. ists who participated in our label design contest! Pipeline to educate landowners about their rights and for the past – New & Renewing Members Secretary ...... Bunk Spann On Oct. 19, tour some of Wise County’s solar build a strong movement to defeat these projects. Treasurer ...... Christopher Scotton Our supporters have voted, and the winner is The time August/September 2019 The hillbilly poet wasn’t allowed to participate energy installations as part of the 24th Annual Na- The Trump administration is working to weaken Members-At-Large “A Clean Energy Future IS Possible,” by Virginia before the bulldozers In the Mountain Dream Library Folk Festival tional Solar Tour, a project of The Solar Workgroup protections in the Clean Water Act. The EPA has pro- Clara Bingham Pallavi Podapati Greene. Kudos to our other two finalists, Cody stripped away the natural Neighborhood Yoga Because he has no book to sell. Statler’s “Flower Power” and Olivia York’s of Southwest Virginia, the American Solar Energy posed a new rule that would limit the ability of states Being published a hundred times David Hairston Tracey Wright rights of Boone, N.C. Pat Holmes Tom Cormons (Ex-officio) “Wild Wolf Howling at the Moon.” Society, and Solar United Neighbors. and tribes to deny unnecessary and destructive fracked- In academic publications does not count fishermen, Peggy Mathews The hoppy pilsner will be flowing Nov. 1-2 The tour will begin at noon at Mountain gas pipelines based on potential impacts to waters in To join our Business League, visit AppVoices.org As much as once by Vanity Press, farmers. Advisory Council at Tomtoberfest in Charlottesville, Va., with a Empire Community College during the annual their jurisdictions. The EPA has a comment period or call 877-APP-VOICE a nationally advertised subsidy publisher. special release party on Friday, Nov. 1, at Wild Home Craft Days festival. Participants can then open until Oct. 21 to hear from the public. Sign on to Jonathan C. Allen Van Jones Wolf Brewing Company’s new restaurant in visit residents in Wise County who have installed our comment to the EPA asking the agency to uphold Save the date for Appalachian Voices’ annual membership meeting on November 7! Jessica Barba Brown Landra Lewis Alfred Glover J. Haskell Murray downtown Charlottesville. Check appvoices. solar panels on their properties, learn about solar the critical role of states and tribes in protecting their financing opportunities, and can receive a free own waters and not implement these changes. Visit We will host simultaneous events at our four offices in Boone, N.C., Charlottesville, Va., Knoxville, Tenn., and Randy Hayes Rick Phelps org/calendar for details! Norton, Va., on Thurs., Nov. 7 from 5:30 - 8 p.m. Come meet our staff and hear updates about our work. Food Silas House Kathy Selvage home solar assessment. appvoices.org/401-rollback to take action. and drinks will be provided. Find more details at appvoices.org/membership-meeting or call (434) 293-6373. Christina Howe Brenda Sigmon Page 30 October / November 2019 The Appalachian Voice The Appalachian Voice Non-Profit Organization 589 West King Street US Postage Paid Boone, N.C. 28607 Permit No. 294 appalachianvoices.org Boone, NC

Ken Barrett’s “Beauty of Wilson Creek” was a finalist in the 2018 Appalachian Mountain Photography Competition’s Landscape category. Barrett made this image in North Carolina’s Pisgah National Forest surrounded by an autumn palette. To participate in the 2019 competition, submit your photographs by 5 p.m. on Nov. 22. Finalists will be announced on Dec. 6. To learn more, visit appmtnphotocomp.org.

JOIN NOW! Name ______Your membership matters Address ______City ______Founded in 1997, Appalachian Voices State ______Zip ______brings people together to protect the Phone ______land, air and water of Central and Email ______Southern Appalachia and to advance a ❑ Please mail each issue of The Appalachian Voice (min. $35) just and clean energy economy. We are ❑ Do not mail The Voice / I prefer to read it online.

able to do this work thanks to the support ❍ $35 ❍ $250 of individuals like you. Join us today to ❍ $50 ❍ $500 be part of these important efforts and to ❍ $100 ❍ Other $______receive a year of The Appalachian Voice ❍ Make me a Mountain Protector monthly donor delivered to your home. at $______/month ($5 minimum) Membership Level

MC/VISA # ______Expiration date ______Security Code______Signature ______

Mail this completed form to: 589 West King St., Boone, NC 28607 AppVoices.org/join AppalachianVoices 10/19