The FREE October / November 2018 Appalachian VOICE For the Love of Birds Volunteers survey breeding birds to build better conservation policies

Imbalance of POWER Part One of a two-part series examines the system that keeps power companies and regulators from acting in ratepayers’ best interests

ALSO INSIDE BLACK LUNG HIKING THE Battling for HIGHLANDS benefits while West Virginia’s the disease is Bluestone on the rise Turnpike Trail The AppalachianVOICE A note from our executive director contributions and lobbying, that’s un- Across Appalachia derstandable. But now the people that A publication of Passions are running high in our Ap- a Dominion Energy executive derided palachian states and across the country. AppalachianVoices in the Washington Post as “the general I turn 44 this fall, and there hasn’t been Appalachian Horses Still at Risk of Slaughter Over the Border citizenry” are giving them a run for those NC: 589 W. King St., Boone, NC 28607 • 828-262-1500 a political moment like this before in millions in purchased influence. (See The final American horse slaughter plant was Animals. Once in foreign slaughter facilities, horses predatorial practice.” VA: 812 E. High St., Charlottesville, VA 22902 • 434-293-6373 my lifetime. Other Regional Offices: Knoxville, TN • Norton, VA “Power Play” on the centerspread). shut down in 2007. Still, 70,000 to more than 100,000 are processed for meat products which are considered Kovacs and the ASPCA are promoting legisla- If a majority of Americans weren’t re- I am proud to say that “the general American horses, including equines in Appalachia, a delicacy in some countries. tion in Congress that could end this industry in the AppalachianVoices.org | [email protected] sponding to current political events with citizenry” means you and me. Embracing are shipped each year to Canada or Mexico for slaugh- Tinia Creamer, founder of Heart of Phoenix country. In September, activists celebrated a majority Editor...... Molly Moore anger, worry and frustration, we would our power as citizens is among our most ter, according to estimates from animal welfare orga- Equine Rescue in West Virginia, explains that Ap- of the House of Representatives cosponsoring bill Associate Editor...... Kevin Ridder have even more reason to be gravely Consulting Editor & Designer...... Jamie Goodman important traditions and responsibilities. nizations. Awareness of this practice has increased as palachian horses are at risk. “You won’t ever have an H.R. 113, the Safeguard American Food Exports Act, concerned about our country. Yet if these Distribution Manager...... Meredith Shelton Protecting this region we love and our activists gain support for legislation to end the indus- auction operating in those regions without either a which would end the practice of selling and shipping negative emotions were all we were feel- Editorial Assistant...... Eric Halvarson children’s futures ultimately falls to us. try of shipping American horses abroad for slaughter. known kill-buyer or a trader that ultimately sells to a American horses for human consumption. A similar Editorial Assistant...... Kennedy Kavanaugh ing it would be awfully hard to get out of This is why Appalachian Voices is gear- There are “many cases of individuals posing kill-buyer,” she says. bill is in the Senate with 29 cosponsors. Both bills await Graphic Designer...... Jimmy Davidson bed in the morning! Graphic Designer...... Lisa Clements ing up to take “Energy Democracy” to the as good homes, knocking on doors or answering Andrea Kovacs, a resident of Greene County, decision in House and Senate committees. Fortunately, the blatant amorality, reck- next level. If the best interest of citizens Craigslist ads, who then sell the horse that they buy Tenn., has rescued horses from slaughter and is ac- “We believe bringing public attention to this DISTRIBUTION VOLUNTEERS: Ellen Adams, Courtney Alley, Ali- lessness and dishonesty on display at the Tom Cormons and his daughter observe the like us determines how we generate, trans- or take under false pretenses to kill-buyers,” most tively protesting the practice. “Anyone who goes to a needed policy reform and pressuring leadership to son Auciello, Jill Averitt, Cathy Bachara, Debbie Bahr, Nelson and highest levels of government — plus the Lanie Bailey, Gretchen Barelski, Ashly Bargman, Becky Barlow, Virginia House of Delegates from the upper mit, and use energy, we can protect our subtler, more long-standing injustice and of whom are contracted buyers for slaughter plants, local horse sale, they have to realize that by entering bring the issue for a vote are both critical elements of Laura Bayer, Sara Bell, Bob Belton, Teresa Boardwine, Roberta gallery. Photo by Mark Keam health and natural heritage, build commu- corruption we’re now seeing more clearly says Katie Kraska, manager of federal legislation for their horse in the arena, that horse is one bid away a winning strategy,” ASPCA’s Kraska says. Bondurant, Bethann Bowman, Dale Brady, Lynn Brammer, Ben nity wealth where it’s most needed, and Bristoll, Steve Brooks, Paul Corbit Brown, Teri Brown, Anne Brown, — are being met with another natural they never imagined. the American Society for the Prevention of Cruelty to from slaughter,” Kovacs warns, calling it “a very –– By Eric Halvarson Christa Brusen, Bill Bunch, George Burazer, John Calhoun, Pat Cal- curtail the energy cost burden that’s felt reaction: a surge in joyful power-building, Their efforts to deepen our addiction vert, Debra Cantwell, Sarah Caskey, Shay and Kim Clanton, Helen most acutely by those unable to afford it. winning strategies and action. And in a to fossil fuels by ransacking public lands Clark, Ridge Cook, Dave Cooper, Dave Copper, George Cortesi, From working in rural places to create Sarah Crouch, Darlene Cunningham, Nancy Dagley, John David, time known for its divisiveness, we also and waterways, private property and Elk Knob Art Trail Celebrates Nature and Creativity Sister Beth Davies, Jeff Deal, Heather Dean, Deborah Deatherage, vulnerable communities to build two solar jobs and fight fracked-gas pipelines Tina Del Prete, Rose DeProspero, Denese Garabedian, Cynthia see people joining together to stand up In June, 15 Appalachian and others suffered weather completely unnecessary fracked-gas and mountaintop removal, to advocat- Dunn, Heather Earp, Bill Elliot, Patricia English, Mike Feely, Sandy for things we all love. State University students in damage,” says Brenda Sig- pipelines are facing a formidable coali- ing for ordinary folks and our land in Forrest, H A Gallucio, Lashonna Geter, Hannah Gillespie, Dave Gil- Our region is one place where this Scott Ludwig’s Relief Print- mon, a volunteer at Elk Knob liam, Scott Goebel, Lorelei Goff, Bruce Gould, Gary Greer, Bryna our capitals, our strength has never been impassioned and thoughtful uprising is tion of ordinary people, citizens’ groups Grigg, Tauna Gulley, Kelly Haber, Christine Harris, Meredith Haines, greater or more needed than now. We making course hand-printed, State Park and a volunteer hard to miss. and courageous political leaders in a Bill Harris, Paul Hayes, Michael Hayslett, Susan Hazlewood, Eber- believe our ambitious plans for the next engraved and painted wood distributor of this newspaper. hard Heide, Sharon Helt, Regina Hendrix, Dr. Laura Henry-Stone, The behemoth companies bent on monumental David and Goliath battle. Matt Hepler, Pamela Hill, Sherry Hopkins, Cricket Hunter, Tim Hunt- three years, described on page 27, reflect blocks to display along the According to Ranger Brandy controlling our energy system, with help Some of these same energy companies ley, Dakota Icenhour, Mary Jacobs, Nicholas Johnson, Mary K, this. With your help, we can make them Beech Tree Trail, an easy 1-mile Belville, the new art pieces from the Trump Administration and have long acted as if they own the state Two-Headed Copperhead Alisa Keegan, Donita Kennedy, Wayne Keplinger, Rob Keith, Brian- a reality. loop within Elk Knob State have been constructed with na Knisley, Mary Ann Kokenge, Leonard Kosup, Deborah Kushner, some of our states, are being met with a governments charged with regulating Found in Virginia Frances Lamberts, Waltr Lane, Don Langrehr, Tracy Leinbaugh, Park in Todd, N.C. The new this concern in mind; the posts citizen resistance spanning the political their monopolies — and, given the mil- Susan Lewis, Loy Lilly, Bill Limpert, Joyannah Lonnes, Marion artwork is designed for all ages are cemented, and the art is se- In late September, a Virginia resident Loper, Maggie Louden, Diane Lucas, Jacki Lucki, Lara Mack, Paula spectrum and all walks of life, on a scale lions of dollars they spend on campaign found a two-headed copperhead snake in Tom Cormons, Executive Director and includes colorful flow- cured with heavy duty screws Mann, Gail Marney, Brian McAllister, Kate McClory, Kim McClure, her Woodbridge yard. The baby Eastern Allyson McCune, Rich McDonough, Tom McIntosh, Mike McKin- ers and animals. Local potter and coated with a weather copperhead was retrieved by State Herpetol- ney, Sherri McMurray, Kevin Mcwhinney, Tim Milling, Joy Miracle, Jimmy Savely of Ashe County protectant. ogist J.D. Kleopfer and taken to the Wildlife Steve Moeller, Caroline Noel, Don Odell, Lynne Oglesby, Megan GET INVOLVED environmental & cultural events Ong, Allison Osborne, Ken Pace, Lee Payne, Adam Pendlebury, also provided several pieces The Beech Tree Trail, Center of Virginia for x-rays so officials could Rick Phelps, Cleve Phillips, Natalie Pien, Laureen Poole, Niki Pow- See more at appvoices.org/calendar Hill ACP Compressor Station, followed by a state policy has historically benefited the solar featuring native plants. which journeys through a large determine how both the heads function ell, Chase Pugh, Sister Ann Marie Quinn, Justin Raines, Bronwyn potluck and speaker. Free. Union Hill Baptist industry and outlines its future. Salisbury, N.C. The project is a revitaliza- American beech forest at 4,500 with the body. Kleopfer stated that finding Reece, Collin Rees, Brenda Rose, Kristin Rouse, Jenny Rytel, Spruce Creek Camp-Out Church, Buckingham, Va. Learn more at Free. Register at centerfortheenvironment.org. “Flame Azaleas” by Adam Smith greets hikers at Elk Knob State Park. a two-headed snake alive in the wild is “ex- Debbie Samuels, Gerry and Joe Scardo, Frank Schaller, Sandy tion of the Elk Knob Commu- feet, is also a TRACK Trail, part First three weekends of October: See the natural tinyurl.com/circlepray. Voices of Wisdom Photo by Hannah McAlister ceptionally rare,” as they typically aren’t able Schlaudecker, Elvira Schrader, Susanne Seiler, Kathy Selvage, beauty at stake on private land in the path of nity Heritage Organization’s of the Kids in Parks initiative. Pipeline Compressor Station Hearing to survive for very long on their own. The Meredith Shelton, Charles Shelton, Brenda Sigmon, David Skin- the Atlantic Coast Pipeline. Family-friendly, Nov. 17, 9 a.m.-5 p.m. and Nov. 18, 6-9 p.m.: palachian State students informed the ner, Bradford Slocum, Meg Smith, Martha Smith, Janeen Solberg, Virginia’s Air Pollution Control Join a fire circle and hear the wisdom of two Art Plan proposed in 2015 to promote The program rewards kids with small limited space. Free. Nelson County, Va. For Nov. 8 and 9: first series of art pieces on the trail. agency transferred the snake to a private Lucy Spencer, Andrea Steegmayer, Jennifer Stertzer, Jim Stock- Board will make a decision on an air pollu- indigenous elders. Asheville, N.C. $50/adults, sustainability of the Elk Knob com- prizes for their hiking achievements. reptile keeper. “It’s feeding and pooping, well, Emily Terrell, Gail Thomas, Pat Tompkins, Bonnie Triplett, info or to register, call (434) 260-3298 or visit “Unfortunately between 2015 and tion permit for the Atlantic Coast Pipeline’s free age 14 and under. Camping, limited lodg- munities’ culture, heritage and natural –– By Hannah McAlister which are good signs,” says Kleopfer. Renita Wade, Bill Wasserman, John Weitzel, Tina White, Tamara friendsofnelson.com proposed Buckingham Compressor Station ing available. Register at sacredfire.foundation 2018, some of the pieces were stolen Photo by J.D. Kleopfer/Virginia Dept. of Whiting, Martha Willard, Ann Williams, Barbara Williamson, Diana Forest Farming: Mushrooms and Medicinals in historic Union Hill. Details TBA, likely in resources. Research conducted by Ap- Withen, Chuck Wyro, Gabrielle Zeiger, Ray Zimmerman. CARE’s Mtn State Racial Justice Summit Game and Inland Fisheries Oct. 18, 5-6 p.m.: Learn about growing, using, Richmond, Va. For updates, check appvoices. Join the Become a volunteer distributor Nov. 30, 3 p.m. and Dec. 1, 6 p.m.: and selling some of Appalachia’s most valu- org/buckingham-permit CARE Coalition for West Virginia’s first racial North Carolina Elk Given More Space to Roam Visit appvoices.org/raise-our-voice able plants, including ginseng, goldenseal Student and Fall Heritage Days justice summit, covering topics relating to As of August 2018, the elk near Maggie other animals to roam. According to The and a variety of local gourmet mushrooms. Experience pioneer traditions such racial justice organizing in Central Appala- Free. Bledsoe, Ky. Visit pinemountainsettle- Nov. 9-10: Valley, N.C., have an additional 500 acres of Conservation Fund, preserving this land as sheep herding, molasses making, and chia. Beckley, W.Va. Location and registration grazing area in the William H. Silver Game will help protect the area’s water resources mentschool.com or call (606) 558-3571. quilting with the Museum of Appalachia in details TBD. Visit carecoalitionwv.org. About Land. This land grant was established by and bring more economic opportunities to 2018 Fall Summit on Kayford Mountain Clinton, Tenn. Tickets prices vary. Call (865) National Energy Conference 2018 a partnership between the North Carolina the Haywood County area. the Oct. 19, 6 p.m.-Oct. 22, 12 p.m.: Join RAMPS 494-7680 or visit museumofappalachia.org. Dec. 1, 9 a.m.-5 p.m.: Hear from experts about Wildlife Resources Commission and The Wildlife biologist Mike Carraway told and Appalachians Against Pipelines and Biodynamic-French Horticulture Workshop recent climate change and energy develop- • Delicious Deli-Style Sandwiches Cover Conservation Fund, a nonprofit land conser- WLOS News that the area “went from 52 elk camp atop a protected mountain in Stanley ments, issues and practices. Sponsored by • Homemade Soups Heirs Park to discuss a range of issues af- Nov. 10, 1:30-7:30 p.m. and Nov. 11, 10 a.m.- vation organization. Elk were reintroduced on the initial release to somewhere around 3:30 p.m.: Join Craig Siska at Living Web the Friends of Blackwater. Free. Morgantown, • Vegetarian Fare fecting Appalachian communities. Suggested Farm to learn about this intensive approach W.Va. RSVP at saveblackwater.org. to the Great Smoky Mountains National 150 to 160 elk.” donation is $50-$200. Kayford Mountain, • Dinner Entrees Robert J. Baker took this photo of a juvenile red- to horticulture and the garden. Mills River, Park in 2001. According to the news outlet, some elk W.Va. Learn more and register at tinyurl. shouldered hawk in his backyard in Ruckersville, N.C. Suggested $15 donation or sliding scale. Appalachian Voices Membership Meeting When the William H. Silver Game Land have been spotted off the game land. “Ide- • Desserts com/fallsum. Va. He started taking photos of the birds that visited Registration required at livingwebfarms.org. Dec. 13: Join us to discuss our work and was established in 2017, it secured about ally, we can create some good habitat on this • And Much More! his feeders to more easily identify them, and the Circle of Protection Solar Now and in the Future vision for the next three years. Gather- 2,000 acres for North Carolina’s growing elk new game land so the elk will have a good ings will be held at our offices in Boone, hobby soon developed into a full-blown passion Oct. 21, Nov. 18, and Dec. 16 at 1:30 p.m.: Nov. 15, 6:30 p.m.: Attend a lecture by Ivan populations and other wildlife. The recent place to stay where they won’t be crossing 240 Shadowline Drive, Boone, Participate in an interfaith prayer vigil to help N.C., Charlottesville, Va., Norton, Va., and for wildlife photography. Over the years Baker has Urlaub, executive director of the NC Sustain- expansion around the Sheepback Knob roads or getting onto private property,” Car- North Carolina (828) 262–1250 protect Buckingham County, Va. from the Knoxville, Tenn. Call (828) 262-1500 or counted over 90 different species of birds at his able Energy Association, at the Center for the area provides further space for the elk and raway told WLOS. — By Kennedy Kavanaugh www.peppers-restaurant.com feeder, 75 of which he has captured on camera. proposed Atlantic Coast Pipeline and Union Environment at Catawba College to hear how visit appvoices.org/membership-meeting. The Appalachian Voice October / November 2018 Page 3 Coal ash coats a tree to the high water mark and mucks up flood Across Appalachia waters near the H.F. Lee power plant in Goldsboro, N.C., following Hurricane Florence. Photo courtesy Hurricane Florence Devastates the Carolinas of Waterkeeper Alliance Hurricane Florence made landfall more were staying with relatives and taminants into the region’s in North Carolina on Sept. 14, but its friends or at hotels. floodwaters and rivers. effects will be felt for long after. Florence “Where the hurricane hit the hard- The floodwaters car- shattered North Carolina’s rainfall re- est are the counties that have the high- ried heavy metals from coal cord from a single storm. The hurricane est number of black populations and ash, bacteria from millions flooded roads, homes and public facili- poor populations,” national civil rights of dead farm animals, hog ties throughout the Carolina coasts as leader and former North Carolina waste lagoons and malfunc- well as inland towns along major rivers. NAACP president Rev. William Barber tioning sewage and septic the rainfall during Florence to be more Contaminated floodwaters and the told The Guardian. Barber’s hometown systems, and a mix of fertilizers, anti- than 50 percent worse and the diameter economic and social disruption caused of Goldsboro, N.C., was severely im- biotics and pesticides. As of press time about 50 miles wider than it would by the disaster threatened the wellbe- pacted by the storm. in early October, the storm’s aftermath have been without climate change, ing of people and animals throughout The more than 8 trillion gallons still posed significant threats to public due to warmer ocean and atmospheric the region. According to WTNH News of rainfall from Florence flooded pig health and safety. temperatures. Post-storm analysis is yet 8, as of early October, the storm had re- waste lagoons at industrial-scale hog Scientists from Stony Brook Uni- to be released. sulted in at least 48 deaths, and nearly farms and caused breaches at Duke versity, the Lawrence Berkeley National Read more about the coal ash spills 1,500 people remained in evacuation Energy’s Goldsboro and Wilmington Laboratory and the National Center for related to Hurricane Florence on page shelters while uncounted thousands coal ash impoundments, releasing con- Atmospheric Research were projecting 25. — By Kennedy Kavanaugh

Aaron Floyd, the new building will also Blue Ridge Discovery Center Celebrates 10 Years allow the organization to operate multi- This fall, the Blue Ridge Discovery which is on the same property as the youth field trips and summer camps. day programs and host people traveling Center, an outdoor education nonprofit current office. The space will function as The organization hosts programs that from farther away. organization in Troutdale, Va., will an educational facility, biological field draw adults as well, such as the Mount “Whereas in the past a lot of our celebrate their 10-year anniversary station and base for youth and adults Rogers Naturalist Rally, which attracts programs were on a short timeframe, with an open house on October 13 at exploring the natural wonders of the people from all over the region to explore we hope to engage those individuals what will be their new center location. Mt. Rogers area. the area’s natural history. In the past, over an extended period and hopefully The event will feature nature walks, Blue Ridge Discovery Center fo- the rally has occurred twice yearly as a have a bigger impact on their lives and arts and crafts, scavenger hunts and cuses on connecting the local community camping event, but the new facility will reconnect them with the outdoors and cider making. with the environment through programs allow the organization to host the event wildlife, and hopefully increase aware- The organization plans to move to including nature explorations, habitat four times a year by providing lodging. ness of our community in the long run,” a historical building that dates to 1926, restoration projects, and educational According to Executive Director says Floyd. — By Kennedy Kavanaugh EPA Removes West Virginia Site from Superfund List Land Conserved Along Little South On Aug. 23, the U.S. Environmental perfund list in 1986, cleanup efforts have Fork of Cumberland River in Kentucky Protection Agency announced the re- included the excavation and treatment of moval of a Morgantown, W.Va., site from all tar-like materials from the site’s water Under their Wild Rivers Program, endangered fish only found in one other from the Superfund list. The Ordnance sources and the installation of a multi- the Office of Kentucky Nature Preserves rivershed in the world. Other species Works Disposal Areas Superfund Site layered covering at the on-site landfill that secured more than 1,000 acres along the benefitting include the endangered consists of a six-acre disposal area and a contains contaminated soils, according Cumberland River in the Little South fluted kidneyshell mussel, Indiana bat 100-acre manufacturing plant. Beginning to the EPA. Additionally, the remedia- Fork area in August. This land will be and threatened northern long-eared bat. in 1941, nearby private companies operat- tion includes the long-term monitoring added to the Steele Hollow Watershed Funding was provided by the ing chemical production facilities and a of the site in order to prohibit disturb- Conservation Area. Kentucky Heritage Land Conservation coke plant dumped hazardous materials ing the landfill cap, use of groundwater, The Wild Rivers Program estab- Fund, the Imperiled Bat Conservation into the disposal areas on the site. and non-commercial use of any kind. lishes a corridor stretching up to 2,000 Fund and the U.S. Fish and Wild- Since being added to the EPA’s Su- — By Kennedy Kavanaugh feet from the banks of the river to life Service’s Kentucky field office. monitor and maintain habitats for rare — By Eric Halvarson species such as the palezone shiner, an For It’s your last chance to join during Member- Somethingship for the Win! Become a member at the the $35 level or above by Oct. 31 and you’ll be Support the Appalachian Voice entered to win our “Boone, N.C., Ski-cation” for MFTWWin! Help us reach more readers by handing out papers at no package including 2 adult lift tickets to Appa- cost to you. Drop them off at places in your community lachian Ski Mountain (good any day or night where you feel the paper is needed — doctors offices, session except holidays and Saturdays) and a $100 gift certificate to Mast General Store. coffee shops, visitors centers, libraries, shops and more! Visit appvoices.org/for-the-win Visit appvoices.org/raise-our-voice or call 828-262-1500 Hiking the Highlands For the Love of Birds Volunteers across Virginia participate in a statewide survey The Bluestone of breeding birds to create better conservation policy Turnpike Trail By Eric J. Wallace More than 30 years ago, the Virginia A Taste of the Wild Society of Ornithology partnered with By Tamara Marshall Whiting the Virginia Department of Game and Inland Fisheries and a variety of other To simply walk a trail that is rarely organizations to conduct one of the walked by others through untouched most comprehensive wildlife studies land can be a profound experience. in the state’s history. Time spent in wild nature feeds my The Bluestone Turnpike Trail is managed by the Enlisting the help of hundreds of soul and leaves an important imprint National Park Service as part of the Bluestone birding enthusiasts and citizen scien- on my life, inspiring me to protect these National Scenic River. Above, the river passes tists, the organizations conducted a special places. For me, hiking the Blue- the former town of Lilly, W.Va. Photo by Dave five-year-long survey monitoring the stone Turnpike Trail was one of these Bieri/NPS. At right, a ranger leads a hike on the status and distribution of the state’s An indigo bunting, above. Photo by Frode experiences. Bluestone Turnpike. Photo by Eve West/NPS breeding bird population. From the Jacobsen, flickr.com/photos/frodejacobsen The trail runs between Bluestone an impasse and had to turn back. A pair of purple martins, at left. Photo by At our campsite in Bluestone, I there was a small stream to ford, which Great Dismal Swamp to the D.C. Belt- State Park to the north and Pipestem When I thought of Ranger Lee- Virginia Bird Breeding Atlas volunteer awoke before dawn to rain on my tent was running briskly from the rain, but way and the mountains of far South- Resort State Park to the south in south- dom’s words about the ranger-led hike, Bob Schamerhorn, iPhotoBirds.com and the most beautiful birdsong I have we easily stepped on stones across it. west Virginia, volunteers scoured the ern West Virginia. It is about 10 miles in After another mile, a bridge spans I remarked to my husband, “The ranger ever heard. After breakfast, Jamey and commonwealth in search of nests, eggs, length and follows the Bluestone River a small tributary of the Bluestone called must have had a machete or a goat in strategies for the upcoming spring and At this point, Peele is trying to study, Peele and her partner organiza- I drove past the Old Mill Campground fledgling chicks and mating pairs from at the bottom of a deep gorge. This sec- the Little Bluestone. The trail then crosses tow to be able to get through that over- summer,” she says. figure out which blocks she needs to tions will learn more about how migra- and parked our car at the end of the as many as 205 avian species. tion of the river is listed as a National a dirt road near where the town of Lilly Logging information in an online convince birders to focus on in 2019. tory and native birds are adapting to road. A bright orange gate marks the growth!” But he didn’t have to deal with Now, they are at it again. “This Wild and Scenic River, which grants the once stood and then rejoins the river, wid- database curated by the Cornell Lab “As you can imagine, we have changes in the environment that are beginning of the trail. With an umbrella the mud as well. If it had not been for spring will mark the beginning of the highest level of federal protection for ening and passing through open spaces of Ornithology, ebird.org, volunteers strong data for the areas closest to leading to the rampant decline of many to double as a walking stick, we began the full day of rain the day before, we second Virginia Breeding Bird Atlas’ free-flowing waterways. with a beautiful variety of wildflowers. observed more than 684,000 individual population centers,” she says. “The avian species. our hike. would have pressed on also. fourth season,” says avian ecologist The trail is a relatively undiscov- As we continued, the rain fell birds and 174 breeding species in 2016 trick is identifying gray zones where we “With the first [Virginia Breeding The trail follows the Bluestone All in all, it was a wonderful hike and program coordinator Ashley Peele. ered gem, partly due to its length. There steadily harder. We now walked with alone. As of this June, there were more have less information and then trying to Bird Atlas], we confirmed that 196 River closely for the first two miles, and through a lovely river gorge. Once deep Presently, it’s the program’s off- is no camping allowed along it, since it tall grasses and wildflowers on each than half-a-million entries in what Peele inspire people to help atlas and record species were breeding in Virginia, and its sound is a constant companion. Rock into the trail the feeling of walking season. Peele sits at a computer in her runs through a wildlife management side, but the trail became muddier. After lovingly refers to as her “massively bird activity in those blocks.” we used that information to generate walls flank your right and the river runs through a wild area was ever-present, office at the Virginia Tech Conservation area. My husband Jamey and I decided almost five miles in, the path became sprawling living data set.” Spanning One such area is Southwest Vir- distribution maps showing where those to your left. The flora is lovely and lush and a great peace followed us in being Management Institute analyzing field to set up camp at Bluestone State Park, impassible. We had to turn back despite 42,775 square miles, the entries are or- ginia. Last spring, Peele went on a species were occurring,” says Sergio under the mix of deciduous and conifer somewhere where we saw and experi- data compiled by nearly 1,000 citizen- hike five miles in and back, and then having come close to our goal. ganized according to 12 regions. These whirlwind tour of the region, giving Harding, non-game bird conservation trees. These trees and plants hugged enced only a non-human world. As poet science volunteers. “During the late-fall drive the next day to Pipestem and do The next day brought better weath- are, in turn, divided into “blocks” that talks and presentations and leading biologist and lead project liaison for us close on each side and arched above Robert Frost once wrote, “Two roads and winter months, I’ll spend most of the same. er. We drove to Pipestem and took are about nine square miles each. guided bird walks at area clubs, schools the Virginia Department of Game and us like a living tunnel, making us feel diverged in a wood, and I — I took the my time looking at data and developing When I asked Ranger Ben Leedom and organizations to drum up interest Inland Fisheries. “By contrasting those isolated from the rest of the world. Rich the aerial tram from the Canyon Rim one less traveled by, and that has made at Bluestone if the path was well- u in the program. findings with this new information, birdsong surrounded us, and we saw Center 1,000 feet down into the gorge. all the difference.” maintained, he answered, “We just “The goal is to be as comprehen- we’ll be able to better identify the bird many different animal tracks on the soft From the tram the views of the gorge had a ranger-led hike of the full length sive as possible,” she says. “The more species or habitats that are most in need ground of the trail. were breathtaking. Below us a stream two weeks ago, so it should be in good data we collect, the more we’ll know of conservation efforts.” After the first two miles, the trail as- tumbled down the mountain with a suc- Bluestone Turnpike Trail shape.” During warm weather months, about the current distribution of breed- cends away from the river and narrows cession of waterfalls. Once off the tram A Study with an Impact Length: 9.5 miles ing birds across the state.” In turn, periodic guided hikes are offered. we found the entrance to the Bluestone Virginia isn’t the only state in considerably. When the path leveled Difficulty: Moderate, though sections the information will be used to guide Turnpike Trail just north of the Moun- Appalachia conducting breeding bird may be impassable after heavy rain additional species-specific studies and tain Creek Lodge. atlases. Under the umbrella of the Ap- Contact: Call the Bluestone National create more targeted — and therefore This side of the trail had a different palachian Mountains Joint Venture — a * * Scenic River at (304) 465-0508, or visit effective — conservation policies. feel; it was wide and had less under- primary partner in the current Virginia nps.gov/blue By comparing current statewide we are new growth, so we could see much further. Bird Breeding Atlas — the citizen sci- Fees: Taking the tram from the base of avian populations, breeding status expanding hours From its beginning, we gradually Pipestem State Resort Park to the top ence projects are being implemented and distribution patterns with in- climbed until we walked about 50 feet costs $7 for adults and $5 for children; throughout the region. Most recently, formation collected during the first * * above the river. You could see and hear traveling down is free. bird breeding atlases were completed in the rapids below. Many healthy hem- Guided Hikes: Ranger-led hikes are L-R: Virginia Bird Breeding Atlas West Virginia in 2015, Pennsylvania in offered on a regular basis from May lock trees lined the trail and the river. Coordinator Ashley Peele and volunteers 2008, Washington, D.C., and Maryland to September. Visit nps.gov/blue/ After we had hiked about two VABBA2 Regional Coordinator Ellison monday saturday planyourvisit/ranger-programs.htm in 2006, and Georgia in 2003. - miles, the trail descended to be level Orcutt, Kim Harrell with Richmond for details. “We’re a partnership of more 11:00am- 9:00pm with the river. But suddenly the path Audubon, and Assistant Professor Sujan Other: Wear blaze orange during than 45 state and federal agencies, narrowed with tall overgrowth and Henkanaththegedara of Longwood University 828.268.9600 | 4004 nc hwy 105 s. banner elk, nc hunting season. Check wvdnr.gov conservation organizations, and uni- deep mud. We found ourselves again at admire a summer tanager. Photo by Megan reidscafeandcatering.com for dates. Marchetti, VDGIF Continued on page 8

Page 6 visit: October / November 2018 The Appalachian Voice The Appalachian Voice October / November 2018 Page 7 “These areas contain some of the For the Love of Birds largest expanses of deciduous forest Continued from page 7 remaining in the eastern United States,” Naturalist’s Notebook Fearer says, “and are home to more than versities working to conserve habitat 230 known species of birds.” for birds in 12 states in the core of the As a self-directed partnership, Versatile Vultures Appalachians,” explains Appalachian Fearer says the strength of the joint Misunderstood Scavengers of the Sky Mountains Joint Venture Coordina- venture lies in its “ability to strategi- tor Todd Fearer. The coverage zone cally deliver conservation actions at a By Eric Halvarson writes in her book “Vulture: encompasses more than 103 million scale and scope unachievable by any With anecdotes about them often The Private Life of an Un- acres and includes portions of Georgia, single agency or organization.” By scary and myths misleading, the turkey loved Bird.” Vultures are Kentucky, Tennessee, North and South compiling and sharing data collected and black vultures are some of the most scavengers, eating only what Carolina, Virginia, West Virginia, Ohio, from breeding bird atlases and other recognizable yet generally maligned has already died. Birders and Maryland, Pennsylvania, New Jersey studies, Appalachian Mountains Joint birds in North America. But beneath naturalists who are fans of and New York. Venture works with state and national the myths, these raptors are extremely the vulture admire their role agencies, as well as private landowners, unique, skilled and unconventional in the food chain. to recommend, design and implement scavengers. “They are nature’s gar- avian conservation measures. The two types of North American bage men,” Rogers says. “Breeding bird atlases work by While surveying for birds, Ashley Peele (left) of Virginia Tech’s Conservation Management Institute “They provide a valuable and volunteer Kim Harrell discuss spotting nests in tree canopies. Photo by Megan Marchetti, VDGIF vultures are often conflated with one answering four essential questions for another even though they can be dis- service to mankind.” each species,” says Sergio Harding. to undertake a population study. “The are one of our partnership’s highest While often associated tinguished from afar. Turkey vultures, above and bottom left, are the most abundant species of vulture in the Americas and “What is its current breeding distribu- usefulness of this dataset cannot be priority species,” says Fearer. with the death of their meals, “Black vultures have a dark, wrin- range from Canada to Chile. They play a crucial role in nature by using their powerful sense of smell to underestimated,” Peele adds. “In the Since the first atlas studies were they do not hunt actively. Instead, the tion, estimated population size, and kly head and a noticeably short tail” locate the carcasses they feed on. Photos by Frode Jacobsen, flickr.com/photos/frodejacobsen future, we’re going to see some very conducted in 1966, the small, blue war- where is it most and least abundant?” says bird watcher Doug Rogers of turkey vulture uses its extraordinary exciting studies come out of this.” bler’s population has suffered a decline Once compiled, the statistics can be Monticello Bird Club in Virginia, while sense of smell to find decaying animals. naked heads make it easier to eat with- Vultures stick out from the rest of Fringe benefits aside, Fearer says of more than 70 percent. Problematically, used to draw conclusions — or, in many “turkey vultures have a red, wrinkly The turkey vulture has “large and out getting their feathers dirtied with the raptors, and while some misunder- the big-picture goal is to steer large- about 75 percent of their range occurs on cases, suggest better questions — about head and longer tail,” and resemble well-developed olfactory bulbs,” the bacteria. And the bacteria they do con- stand their offputting appearance or scale avian conservation management private lands. “We needed to work with diversity, territoriality and reactions to common wild turkeys. area of the brain that processes odors, sume, which are often associated with diet, bird watchers and lovers admire strategy. landowners to affect sustainable forestry habitat loss, reforestation and existing You won’t hear any calls from according to Fallon. In contrast, black diseases such as rabies, are eradicated them for their unmatched abilities and According to Harding, the strength practices, thereby improving habitat and conservation policies. vultures, as they lack vocal organs to vultures have a very poor sense of in their stomach, which is 10 to 15 times important role in the food chain. u of studies like the Virginia Bird Breed- enhancing forest health,” he says. What’s more, because the data for make bird songs. Instead, they hiss or smell, and often follow their turkey- more acidic than the human stomach. ing Atlas derives from a combination of Toward achieving that goal, in the Virginia Bird Breeding Atlas and let out a low whine. But by far, it is not resembling relatives to a carcass. breadth and specificity. On one hand, 2015, the partnership “won an $8 mil- other atlases is stored in Cornell Uni- their lack of vocal chords that sets them Contrary to popular belief, circling long-term monitoring projects like the lion grant from the [U.S. Department versity’s digital databases, they can be apart: it is the way they eat. vultures have not found a carcass yet North American Breeding Bird Survey of Agriculture] and raised another $8 accessed by anyone with an internet The vulture “exists outside the but are riding warmer gusts of air, provide excellent data about population million in direct, in-kind, and logistical connection. This makes them a treasure typical food chain, beyond the kill-or- called thermals, as they sniff around trends and can tell scientists whether support from more than 20 partnering trove for budding ornithologists. be-killed law of nature” Katie Fallon or scan the ground for food. “We’re already seeing a wave of a given species is increasing, stable or agencies,” explains Fearer. The funds Once they settle in for a meal, their graduate students digging into our declining. enabled the group “to implement active BREWS information and fashioning studies tar- “But when you augment that in- forest management to improve 12,500 geted at specific species or conservation formation with area-specific data, you acres of forest habitat and 1,000 acres of issues,” says Ashley Peele. get a much clearer picture of what’s of reclaimed mine lands for cerulean While surveying for the Virginia Bird Breeding For instance, after sightings of actually happening on the ground,” warblers in West Virginia, Pennsylva- Atlas, volunteer Bob Schamerhorn photographed threatened Swainson’s warblers were says Harding. The long-term monitor- nia, Kentucky, Ohio, and Maryland.” spiced ruby cider this Brewster’s warbler, top, in Highland County recorded in Southwest Virginia, a Vir- ing “tells you a given species has been Fearer says the project is still un- tipsy toffee and great horned owl chick (bottom) in Richmond. ginia Tech student acquired funding declining,” whereas the state atlas derway and continues to “create a Fall View more of his work at iphotobirds.com “reveals how that decline is unfolding tremendous opportunity for our part- across the landscape.” The information nership to engage private landowners enables scientists to “focus species con- and promote contiguous areas of viable Vulture Culture Warning, some facts about vultures are gross servation efforts on specific geographic working forests to help ensure long- areas where they are most in need of term conservation of these amazing and • Vultures defensively regurgitate to drive away enemies or to get rid of excess body pumpkin chai latte VOTED BEST BBQ help or where the biggest conservation endangered birds.” weight and flee quickly. • Vultures are known to defecate on their own legs to cool down in warm tempera- outcome can be achieved.” A Volunteer Effort IN THE REGION Harding plans to use the informa- tures and to kill bacteria on their legs from carcasses. With so much territory to cover, tion to recommend updates for the • Turkey vulture wingspans are slightly smaller than a bald eagle’s at around 6 feet. by Appalachian Voices’ staff of tasters! atlases rely on volunteer coordinators Virginia Wildlife Action Plan. The Ap- They spread their wings in the morning sun to warm themelves in what is called to generate local interest and drive OPEN FOR LUNCH AND DINNER. palachian Mountains Joint Venture is the “horaltic pose.” Custom Blends • Gourmet Salts & Sugars CLOSED MONDAYS. participation. The second Virginia Bird putting bird atlas data to use as well. • Turkey vultures nest in cliffs, caves or abandoned buildings far from humans, and Hwy 321 Bypass Breeding Atlas is no different. • One of its most specific and wide- can live to be 25 years old. Fine Teas Spices & Herbs Blowing Rock,N.C. In the sparsely populated south- reaching efforts is the flagship Cerulean • Both turkey vultures and black vultures are classified as protected under the (828) 295-3651 western portions of the state, Peele says ® Warbler Appalachian Forestland En- Migratory Bird Treaty Act; they adapt well to human settlement, so are not at-risk The Spice & Tea Exchange of Blowing Rock she gets a boost from Steven Hopp’s www.woodlandsbbq.com hancement Project. “Cerulean warblers or endangered. 1087-4 Main St | Blowing Rock, NC 28605 | 828-372-7070 Continued on page 10 Page 8 October / November 2018 The Appalachian Voice The Appalachian Voice October / November 2018 Page 9 For the Love of Birds Continued from page 8 Battling for Black Lung Benefits participation. Married to author Bar- The deadly disease is on the bara Kingsolver, Hopp co-wrote 2008’s rise, but funding for New York Times best-seller, Animal, Vegetable, Miracle. Peele jokes he is the healthcare will be halved project’s resident rock star. unless Congress acts this year “I’m always interested in doing what I can to help projects that are By Kevin Ridder pro-environment and pro-community,” It starts with a dry cough. says Hopp. “And this one happens to As black lung disease progresses, be right up my alley.” Bird breeding atlas volunteer Jay Martin the coal miner begins to notice more and Ed Rich, the grandfather of Big Stone Gap Despite earning a doctorate in ex- photographed the Eastern screech owl, above, more shortness of breath until simple Councilman Tyler Hughes, in a Southwest perimental psychology, Hopp has been at Hungry Mother State Park., and the tasks like the walk from the car to the Virginia coal mine around 1986. Rich is now passionately interested in avian biology yellow-bellied sapsucker, lower right, along the retired and living with black lung disease. Photo Appalachian Trail near Marion, Va.. Photos by ing and organizing the efforts of front door leaves them winded. since graduate school. As an associate courtesy of Ed Rich. Above, lungs removed from Jay Martin. A scarlet tanager, top right, sits on a regional volunteers, Peele says the “That is such a scary feeling when professor at Emory & Henry College, he a patient with complicated black lung disease. branch in Maryland. Photo by Frode Jacobsen coordinators are indispensable, as you can’t catch a breath, and you real- had “a strong interest in the new-world Photo by Yale Rosen, CC BY-SA ize that you’re going to die if you can’t family of birds called vireos,” and spent they “teach participants to identify lights include interacting with and breeding behaviors, make entries catch a breath — but you still can’t,” a decade studying white-eyed vireos. consist of full medical coverage related getting to know other members of the in the eBird database and employ says Deborah Wills, who has worked Like most bird atlas volunteers, to the disease and a monthly stipend birding community, as well as having proper practices for visiting an area.” as a black lung benefits counselor at Hopp is busy. He works as a part-time of $660.10, which can be increased to a an excuse to indulge a beloved passion. Beyond education, outreach Valley Health Systems in West Virginia adjunct professor of environmental maximum of $1,320.10 if the individual For Hopp, not much beats slipping into and securing land permissions, a for more than 29 years. grandfather and great-uncle died from today, one in 10 coal miners who have science, owns a nationally acclaimed has three or more dependents. But if the a forest pre-sunrise to listen to the songs coordinator’s primary duty is to Coal workers’ pneumoconiosis, the disease. spent 25 years or more working under- farm-to-table restaurant and farm, and company is unable to pay, usually due of waking birds. ensure blocks get canvassed in or- commonly known as black lung disease, The U.S. Department of Labor ground suffer from black lung. In Cen- sits on the board of the Blue Ridge Dis- to bankruptcy, then benefits are obtained But the position isn’t all fun and der of highest priority. Up to three is a fatal, incurable condition caused by estimates that black lung has killed tral Appalachia, that number is one in covery Center. Still, he makes time to through the Black Lung Disability Trust games — bird breeding atlas coordina- volunteer birders are assigned per long-term exposure to coal and silica more than 76,000 people since 1968. The five coal miners — the highest recorded participate in the study. Fund, a federal healthcare and disabled- tors typically manage between 50 and block, with each requiring about dust in and around coal mines. As the number is almost certainly higher, as rate in 25 years. “It’s important work and I find it worker fund set up in 1977. 100 volunteers each. Tasked with train- 20 hours of field time to properly dust accumulates, lung tissue becomes miners have historically had a difficult Treatment for the disease is costly. incredibly rewarding,” he says. High- More than $45 billion in federal survey. Combing the territory pe- inflamed and scarred. Over time this time getting properly diagnosed, in part Aside from frequent doctor visits, some compensation has been allocated to cur- riodically throughout the breeding can develop into progressive massive due to coal company pressure. coal miners require lung transplants that rent and former coal miners and their season, participants seek to record fibrosis, or complicated black lung dis- Although diagnoses of the disease can exceed $1 million. While some states surviving dependents through the fund. ABSOLUTELY ease, which causes heavy scarring in the declined for years after the first federal like Kentucky offer workers compensa- PRICELESS! the number of species it contains AUTUMN 2017 Coal companies are currently taxed and confirm breeding behaviors. lungs that leads to difficulty breathing. mine safety regulations were passed in tion for people with black lung, federal $1.10 for every ton of underground carolina “I love your new format. “For a [bird breeding atlas] to this past year,” says Peele. “Pretty much everybody in the 1969, black lung has made a devastating law stipulates that the last coal company mountain coal mined and 55 cents for every ton of life It makes a classy magazine be effective, ideally, you need to visit Along the coast, participants spot- community knows somebody with comeback in the last two decades. Ac- that employed the coal miner for at even classier! You never all habitat types in a block and confirm ted breeding Wilson’s plovers and a black lung or somebody that has died cording to an August study published in least one year is responsible for paying Continued on next page breeding in at least 60 percent of its ob- painted bunting pair. In York County, from black lung,” says Wills, whose the American Journal of Public Health, benefits. These federal benefits currently cease to amaze me with servable species,” says Peele. “Without a kayaker located a nesting pair of an- the great story topics the efforts of our devoted coordinators hinga. The first eastern whip-poor-will and excellent writers to and volunteers, that would obviously nest was discovered in Caroline County. Kentucky Law Makes it Harder to Get Black Lung Benefits Evan Smith, a staff attorney tell the great tales of our be impossible.” Volunteers on a Virginia Society of Orni- with the nonprofit law firm Ap- thology field trip in Montgomery Coun- Current and former Kentucky and receive state benefits. producing county. palachian Citizens’ Law Center, area. Carolina Mountain 2017 was an exciting year for the ty confirmed the first brown creeper coal miners now have far fewer State Rep. Adam Koenig, the lead “There was no reason that he claims that the law specifically tar- Life is now even more of a second Virginia Bird Breeding Atlas. The nest. And in Highland County, swamp options when it comes to finding sponsor of the legislation, told NPR would have had any particular dog in geted Crum. keepsake. Congratulations number of volunteer participants grew sparrows and mourning warblers were a doctor to prove they have black in April 2018 that he “relied on the that fight,” May says. “So I can only “I wish [Rep. Koenig] had … just Come take a lung disease so that they can access expertise of those who understand guess that this was the coal industry on 20 years!” from 450 to 750 and is expected to rise to observed breeding in high elevation bog called it ‘The Coal Industry Does Not stroll through Autumn nearly 1,000 by the close of 2018. Volun- and forest habitats, respectively. state workers compensation, which the issue — the industry, coal compa- going through the legislature for Like Brandon Crum Bill of 2016,’” —Harris Prevost teer birding hours jumped by 30 percent, “I always relish the task of div- is separate from federal black lung nies and attorneys.” However, he also some backdoor protection from this Smith says. “That’s what it really read us online at cmlmagazine.com us online at read VP of Grandfather Mountain with all regions experiencing a surge in ing into these records and seeing the healthcare. stated that “not everyone who had a avalanche of black lung claims.” comes down to, that there’s a highly survey hours (Hopp increased his by a discoveries [atlas birders] have made,” Before a state law took effect in specific interest was involved … I’m Dr. James Brandon Crum, a trained, highly reliable radiologist in CMLautumn2017.indd 1 9/6/17 1:35 AM whopping 243 percent). Interest among says Appalachian Mountains Joint Ven- July 2018, miners could visit one of not sure I was even aware of NIOSH,” NIOSH-certified radiologist in Pikev- Pike County that’s done more than the Appalachian Trail thru-hiking com- ture Coordinator Todd Fearer. the 10 radiologists and pulmonolo- referring to the National Institute for ille, Ky., is one of those now excluded anyone else to document the resur- “What a great magazine!” munity resulted in data being gathered “In Virginia, we’re starting to see gists in the state who are currently Occupational Safety and Health, the from diagnosing black lung for state gence of black lung in our region, in some of the state’s most isolated ter- just how much has changed in the last federally licensed “B readers” — federal agency that licenses B readers. benefits. According to Ohio Valley Re- and the coal industry cannot find any ritories. And a few birders experienced 30 years, and, more importantly, start- those trained to identify black lung Beverly May, a retired nurse prac- source, Crum is the one who alerted rational reason to discredit him — so 828-737-0771 • PO Box 976, Linville, NC 28646 the rare treat of observing state firsts. ing to think about the kinds of changes from a chest x-ray. Now, miners can titioner in Eastern Kentucky who has researchers to a disturbing increase they’re trying to gerrymander the At stores & businesses almost everywhere in the High Country “Seven new species were added to that will have to be made to protect visit only the five pulmonologists to treated people with black lung, noted in black lung disease, particularly rules so that he can’t be involved in ... and online at CMLmagazine.com our list of confirmed Virginia breeders these birds.” u confirm their black lung diagnosis that Rep. Koenig is from a non-coal among younger miners. the system.” [email protected]

Page 10 October / November 2018 The Appalachian Voice The Appalachian Voice October / November 2018 Page 11 Black Lung Benefits The towns of Pennington Gap, Continued from previous page Va., Dungannon, Va., Haysi, Va., and Benham, Ky., have since passed similar An Adversarial Process ever, there is often a series of appeals. company, then a rational strategy is resolutions in support of keeping the “And anytime some of the appeals essentially to drag out the process for surface coal mined to finance the fund. For those who apply to receive and the coal company can submit But in 2019, those rates are scheduled excise tax at its current level. judges find a problem, it’s kind of like as long as you can.” “We are happy to see Big Stone Gap black lung benefits, Evan Smith, a evidence to challenge the claim. After chutes and ladders,” he says. “You Smith states that the companies to drop to 50 cents per ton and 25 cents staff attorney with the nonprofit law that, either side can ask for a hearing per ton, respectively. The fund is already to be the first to step out on that,” says take a slide back down and go to an will often file appeals even when they Pennington Gap Councilwoman Jill firm Appalachian Citizens’ Law Cen- before a judge, which Smith says takes earlier step in the process, and then know they won’t succeed. approximately $4.3 billion in debt, accord- ter, says that the process “often ends between two and four years. ing to a May 2018 report from the U.S. Carson. “[Cutting the excise tax] would things move forward.” “Each time you ask for more re- just be so devastating for those families up taking a decade or more” — and “It’s not uncommon to ask a “As long as these cases are in view, you don’t have to pay the bill,” Government Accountability Office. If the that it’s a “very adversarial process.” judge to review it and then not even excise tax is reduced, the office estimates in what is already a poor, poor part of active litigation, then the coal com- he says. “I can only think of a few the country.” Filing the initial claim with the U.S. hear from a judge for two and a half panies and insurance companies do cases that I’ve been involved with the debt will exceed $15 billion by 2050. Department of Labor takes about a years,” he says, adding that there’s a “Without any congressional action, In late September, Hughes and nearly not have to pay,” he adds. “And so if where there hasn’t been a request for 40 representatives from The Alliance for year, during which the individual huge backlog of cases. you’re a coal company or an insurance at least a judge to get involved.” the trust fund’s debt is going to be far visits an agency-approved doctor After the judge’s decision, how- worse than it’s ever been in the past,” Appalachia — a coalition of grassroots says Evan Smith, a staff attorney with the organizations including Appalachian Appalachian Citizens’ Law Center, a non- Voices, the publisher of this newspaper — traveled to Washington, D.C., to urge profit law firm. Smith notes that while Dust monitors such as these are to WEVV-TV. Each faces five years in this wouldn’t immediately affect coal lawmakers to extend the black lung excise meant to warn miners of unsafe coal Big Stone Gap Councilman Tyler Hughes, Peggy Brock from the SWVA chapter of the Black Lung Black Lung Benefits federal prison and a $250,000 fine. tax. They also pressed legislators to pass and silica dust levels. Photos courtesy miners and their families, it could have Association and Bethel Brock, president of the SWVA chapter of the Black Lung Association and Continued from previous page To Deborah Wills with Valley the RECLAIM Act, a bill that would ac- of U.S. Mine Safety and Health dire consequences in the near future. a former miner living with complicated black lung disease, met with Sen. Mark Warner (second Health Services, black lung is “a totally celerate the release of $1 billion in existing Administration Once the debt reaches “a scary-type from right) to deliver four local resolutions of support for extending the black lung excise tax. seams of coal. Since many of preventable disease.” funds to clean up abandoned mine lands. level,” he says, then legislators from The meeting was one of about 40 that residents of Central Appalachia had on Capitol Hill in late Central Appalachia’s coal-rich In July, eight former employ- “Miners don’t have to die from National Mining Association Presi- non-coal states “start saying ‘wait a September. Residents of Southwest Virginia also delivered the resolutions to Rep. Morgan Griffith. seams have been depleted, miners ees of the now-bankrupt Arm- black lung. If coal operators had ap- dent Hal Quinn, however, argues that Sen. Warner is backing legislation that would require the government to look into why coal miner minute, here’s a government program must cut through more rock than strong Coal Company in western propriate ventilation systems in the keeping the trust fund tax at its cur- participation in black lung screenings is only 35 percent. Photo courtesy of Sen. Warner’s staff that’s bleeding out money every year; before to reach thinner seams Kentucky were federally charged mines and everyone went by the rules, rent rate would burden the industry. we’ve got to do something about this.’” talking about. … And so to ask those Safety and Health, black lung diagnoses of coal — which creates a much with submitting forged dust moni- there would be no black lung disease,” “Changing the schedule now would According to the Government Ac- producers to pay just an extra 60 cents have steadily climbed after a low point greater volume of dust. A 2012 toring results to the U.S. Mine she says. “If people would worry more effectively impose a tax increase on an countability Office report, raising the tax of that I think is a very modest cost to in the ‘90s. joint investigation by National Safety and Health Administra- about workers’ health than production, industry struggling to recover from the basis, after there were no more unions, on coal companies by 25 percent would make sure that coal miners are taken care Progressive massive fibrosis, or Public Radio and the Center for Public In- tion. All eight pleaded not guilty, and we wouldn’t have black lung disease.” u regulatory excesses of the past admin- they would get to work, they would do eliminate the fund’s debt by 2050. of,” Smith says. “Industry lobbyists are complicated black lung disease, has also tegrity discovered that about 52 percent trial is set for June 19, 2019, according istration,” Quinn wrote in a June 2018 three or four cuts with the continuous “That’s the right thing to do, espe- always going to say that anything that grown, according to an August study. of mine dust samples between 1987 and letter to two key U.S. House members, miner [machine], and then the supervi- cially if we’re uncertain of how much imposes a cost is a cost that they cannot In 2014, 8.3 percent of miners filing for 2012 showed dangerous levels of silica. according to Reuters. sor would come and take the personal coal production we’re going to have in bear. That’s what they get paid to say.” black lung benefits had the advanced Additionally, May says that with th “The End of Autumn” But Evan Smith states that the dust monitor from them and then hang the year 2050,” Smith says. “We should stage of the disease, compared to 0.6 less labor union presence in the region, 15th Annual Finalist industry has offered no economic evi- Black Lung’s Resurgence those dust monitors up in the air intake. Rebecca Gillum do everything we can to have the coal percent in 1988. And 84 percent of min- miners have worked longer hours and dence to support that. According to Reuters, Hal Quinn’s And then they would proceed to make Landscape industry more or less pay its bill.” ers with progressive massive fibrosis more days per week. The NPR inves- “The bottom line is that the [coal] letter stated that black lung disease another 11 or 12 cuts with the continu- most recently mined coal in Central tigation found that the average work- Resolutions Passed market has week-to-week fluctuations was in decline. But according to the ous miner. So only a small portion of Appalachia. week for coal miners had increased by On Aug. 14, the town council of Big that are greater than the tax that we’re National Institute for Occupational the dust that the miners were actually In February, researchers published 11 hours over the last 30 years. Stone Gap, Va., unanimously breathing during the course of that shift findings that 416 coal miners “Worst of all, there was extensive passed a resolution in favor was represented in the personal dust photography were diagnosed with com- tampering with the mechanisms for of keeping the tax on the monitors that were turned into [the Increase in Complicated plicated black lung in three monitoring the dust,” says May. “What competition Black Lung Disability Trust U.S. Mine Safety and Health Admin- Black Lung over 46 Years Southwest Virginia clinics oper- the miners said is that on a routine Fund at its current level. It istration].” ated by Stone Mountain Health was the first town in the na- Even though fewer people are filing for federal Services between 2013 and 2017. NOW ACCEPTING SUBMISSIONS tion to do so. black lung benefits — 3,361 in 2016 versus 17,291 in 1973 — the percentage of current and former coal The authors stated that this is Categories for the competition include: Adventure, Blue Ridge Parkway, “It’s not only a moral is- Advancing Healthcare in West Virginia miners with the advanced stage of the disease has “the largest cluster of [progres- sue that a company takes care In February, West Virginia State Sen. Richard Ojeda introduced a bill to Culture, Our Ecological Footprint, Flora/Fauna, and Landscape. skyrocketed, according to an August 2018 study sive massive fibrosis] reported of its workers, but it’s also that utilized data from the U.S. Department of Labor. create the State Black Lung Fund, which would be separate from state workers in the scientific literature.” SUBMISSIONS DUE Friday, November 16th by 5 p.m. an economic issue,” says Big compensation. The bill, supported by the United Mine Workers of America Local Source: Almberg et al., 2018, Annals of the American Thoracic Society, Beverly May is a retired Stone Gap Councilman Tyler Graphic by Jamie Goodman 1440 in Matewan, W.Va., would allow a person who has mined coal in the state Presented by: nurse practitioner in Eastern $4,000 in cash and prizes Hughes, whose grandfather for at least 10 years and “has sustained a chronic respiratory disability” to be Kentucky who treated patients suffers from black lung. “We eligible for benefits. with black lung, and is currently To pay for the fund, the bill proposes a severance tax on all forms of energy For more information visit live in a really impover- working toward a doctorate in generation. It also directs the governor and state legislature to cooperate with other ished portion of the common- appmtnphotocomp.org public health. coal-producing states to recoup a portion of the current federal excise tax on coal. wealth; and most people, According to May, the recent “Coal miners all across West Virginia are suffering from black lung disease regardless of where they live, Our Ecological Footprint rise of black lung disease can but do not qualify for federal benefits,” wrote Sen. Ojeda in a February Facebook have trouble paying for their Sponsored by: category suported by: be partly attributed to thinner post. “It’s time we give them what they deserve.” healthcare whether they have The bill awaits decision in the West Virginia Senate Government Organiza- AppalachianVoices black lung or not.” Continued on next page tion Committee. 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015

Page 12 October / November 2018 The Appalachian Voice The Appalachian Voice October / November 2018 Page 13 PUBLIC INTEREST GROUPS ARE BUILDING POLITICAL Imbalance of Power Power WILL TO COUNTER ELECTRIC UTILITY TACTICS Examining the system that keeps power companies PLAY and regulators from acting in ratepayers’ best interests By Brian Sewell In June, progressives cheered a unan- hen we think of shared resources, our water- panies or publicly owned nonprofits — are supposed imous vote by the Democratic National Wways, forests and air are often the first that to be accountable to the people they serve and act Committee for a resolution banning con- come to mind. Yet in many ways, the electric current in the public’s interest. But the system often does tributions from fossil fuel companies. The that runs from home to home is also mutual — the not work in residents’ favor. text of the resolution raised the spectre of costs of utility investments are shared by all customers, In Part One of a special two-issue look at climate change and pegged the political even though some feel the environmental or economic our energy system, we examine the underlying spending of oil, gas and coal companies consequences of power providers’ decisions more acutely. problems that prevent power companies from as a primary cause of inaction. Its pitch to the Democratic party In Appalachia, our energy options and prices are de- responding to the needs and interests of citizens. machine began, “the American people termined by where we live. Much of our area is controlled Part Two in our December/January issue will are looking to Democrats to promote by monopolies that determine whether we are connected include stories from citizens directly affected by the people-powered politics in this era of to a pollution-belching power plant or a utility-owned solar current power landscape, and examine the transfor- resistance, revival, and reform but are Critics of Dominion Energy traveled to the company’s annual shareholders meeting in 2016 to voice array. These monopolies even affect the affordability of mative potential of more democratic participation in the rightly concerned that their voices are their opposition to Dominion’s investment in the Atlantic Coast Pipeline and fracked gas. Photo by Ian Ware/ Chesapeake Climate Action Network putting solar panels on our own roofs. energy sphere. If you have a story to share, please email drowned out.” These electric utilities — whether they are private com- [email protected]. Just two months after passing the ergy and their subsidiaries serve nearly 20 million customers. resolution, however, the DNC backtracked. A new “That’s a big part of why they’re so powerful,” says resolution, submitted by Tom Perez, the group’s chair, Ivy Main, the renewable energy chair for the Sierra Club’s welcomed contributions from workers, labor unions and Virginia chapter. “You’ve got the utility saying ‘if I’m going Duke Energy Carolinas’ W.S. Lee natural gas station “employers’ political action committees” in industries to be able to provide reliable service I need to do these in Anderson County, S.C., began service in April 2018. The Problem with Monopoly Utilities “powering America’s all-of-the-above energy economy.” things.’ That’s a very powerful argument.” Over the next 15 years, the utility calls for about 3,600 Much of America’s energy system still runs like it megawatts of additional natural gas-fired electricity It was viewed by progressives as an implicit reversal of Still, in Main’s view, “Dominion gets away with things generation. Photo courtesy of Duke Energy the earlier resolution. that others don’t.” did in the early 20th century, but times are changing The controversy is a reminder of the complex relation- The Richmond-based company operates as a regulated ship between energy industries and American politics, as monopoly in the most populous areas of Virginia, which Gold- By Kevin Ridder According to Lazar, these mixed operating costs, plus a profit, or “rate-of- well as those industries’ influence on state and national man Sachs described in 2017 as “one of the top state regulatory incentives stem from the fact that inves- return,” on capital investments. One of the When it comes to electricity options, the elections and, by extension, state and national energy environments for utilities” from the investor’s perspective. tor-owned utilities like Duke Energy are factors that goes into determining the price, average person doesn’t have much power. policy. In many states today, fossil fuel companies and Since 2013, the company has contributed more than beholden to their shareholders’ interests, or “rate,” is how much utilities spend on Most utilities enjoy energy monop- investor-owned electric utilities are among the largest $1.5 million to legislative candidates in the commonwealth. not the interests of ratepayers. “That’s the projects that the regulator deems prudent olies over an area, whether they are a contributors to political campaigns of both major parties. Over the same period, the recipients of those donations way corporations work; they can’t put — meaning that the more power plants huge investor-owned company or a rural Industry influence is a constant in Appalachian and passed laws that allowed Dominion to write off $720 any interests ahead of the owners of the utilities build, the more money they can electric cooperative. This makes it essen- southeastern states. According to an analysis by Public million in earnings due to costs associated with coal plant company,” he says. receive and use to generate profits. This in- tially impossible for most people to choose Interest Resource Group, a federation of liberal-leaning retirements, storm recovery and the construction of a nu- Investor-owned utilities serve the ma- centivizes utilities to spend as much money where their power comes from, even if nonprofit organizations, three electric utilities — Duke clear reactor that it later abandoned. jority of the country’s electricity customers. as possible on new projects, whether or not they disagree with their electricity pro- Energy, Dominion Energy and FirstEnergy — were the Those changes forced utility regulators at the State In nearly all states, these utilities are reg- those projects are of value to the public. vider’s decisions such as their handling top corporate donors in 2016 to local, state and federal Corporation Commission to maintain inflated electric rates, ulated by state public utility commissions This growth-driven model worked of coal ash or investment in fracked gas campaigns in North Carolina, South Carolina, Virginia, when under different circumstances hundreds of millions appointed by elected officials, which gives in the 19th and 20th centuries as the na- instead of renewable energy. West Virginia, Ohio and Pennsylvania. of dollars in profits exceeding the company’s authorized the public some oversight over these large tion was building the current grid, but Are these utilities serving the pub- These regional heavy-hitters draw from similar rate of return would have been refunded to customers. companies. Publicly owned electric cooper- times have changed. Energy demand has lic’s best interest in the 21st century? Yes playbooks when they have a policy to pass or, say, a gas Dominion then won approval in 2015 for the atives serve many customers in rural areas, fallen, partially due to energy efficiency; and no, says Jim Lazar, a senior advisor pipeline to build. But modern-day challenges are straining now-infamous “rate freeze.” Introduced and they are overseen by member-elected residential electricity sales per person with the Regulatory Assistance Project, a the dated utility business model, and the threats of rising by Republican state Sen. Frank Wag- boards. Utilities owned by federal, state or in 2016 were down 7 percent from their global organization that works to advance energy costs and climate change are motivating ner, and signed by Democrat- city governments also play a part. peak in 2010, according to the U.S. Energy clean energy. more citizens to fight back. The stakes have ic former Gov. Terry McAu- Most states allow investor-owned Information Administration. Additionally, “[Utilities] certainly provide essential arguably never been higher. liffe, the legislation barred the utilities to have monopolies on energy, the world is becoming more aware of the services: electricity, natural gas, water, commission from reviewing and the states have extensive power to climate dangers posed by fossil fuels — Who Controls Who? sewer and other public utility services,” electric utility earnings regulate them. The choices utilities and NASA states that 2017 was the second When it comes to conse- says Lazar. “They mostly do it at a rea- or lowering rates on the regulators make, such as whether to focus come, rural households spend 9 percent of struggled to meet their energy needs in hottest year on record after 2016. quential policy decisions, util- sonable cost, and they mostly do it with assumption that Domin- on conventional fossil fuel infrastructure their annual income on energy, compared 2015, according to a September U.S. En- The price to install solar has fallen by ities’ words understandably pretty high reliability. So in that sense, the ion and Appalachian Power or renewable energy, can have massive to the national average of 3.3 percent, ergy Information Administration report. more than 70 percent since 2010, according carry weight. Together, answer is yes. But are they doing the best Company needed the extra cash to ramifications on the environment, types according to a July 2018 report by the The prices that regulated, inves- to the trade group Solar Energy Industries Duke, Dominion, FirstEn- possible job for consumers? No. Are they comply with then-President Barack of available jobs and monthly electric bills. American Council for an Energy-Efficient tor-owned utilities like Duke Energy can Association. Smart technology has led con- doing the best possible job for the environ- Monopoly Money: Map displays each state’s top corporate political campaign Obama’s Clean Power Plan. High electricity costs hit underpriv- Economy, a nonprofit policy organization. charge customers are set by state agencies. sumers to expect more from their phones, ment? No. They have mixed incentives, contributor in 2016, according to analysis by U.S. Public Interest Research Group ileged households the hardest. Low-in- Nearly one in three American households These prices cover capital investments and and mixed obligations.” Continued on page 16 and data from the National Institute on Money in Politics. Map by Jimmy Davidson Continued on page 19 Monopoly Utilities PROJECTED ENERGY SOURCES FOR 2033 Monopoly Utilities “For that to work, the owners Continued from centerspread Continued from previous page — whether it’s the public at large Dominion Energy Virginia or whether it’s directly by the homes, televisions and now the grid. made substantial changes to electricity customers — have to pay atten- For example, demand-response systems $ rate structure and energy policy. The tion and have to exercise their allow ratepayers to tell their electric util- Dominion Energy-backed law, which responsibility in that structure to ity to cycle their water heaters off during stands to massively benefit the utility, elect good people to represent them, *Dominion RE includes Hydro-electric peak electricity usage hours in exchange was opposed by some lawmakers and to speak up when there are policy for a lower utility bill. Duke Energy Carolinas citizen groups, including Appalachian changes,” says Hurley. These changes point to a more re- Voices (see “Power Play” on page 15). Nationwide, voter turnout for elec- newable, flexible and consumer-focused Among other things, the law gives tric co-op board elections is minuscule; energy system. But big industries can Dominion the ability to charge its cus- 72 percent of electric cooperatives have be slow to change, especially without tomers billions of dollars to bury power less than 10 percent average voter turn- prodding from regulators. lines underground, and strips the State out, according to a 2016 report by the “We’ve spent 120 years in this Corporation Commission’s ability to Institute for Local Self-Reliance, a non- industry forecasting consumption and Duke Energy Progress determine if the project is “reasonable profit organization and advocacy group. scheduling supply, and when we are and prudent.” The law also allows Do- And since electric co-ops generally burning fossil fuels we can do that,” says minion to reinvest any and all customer don’t have to report to state or federal Lazar. “As we move away from fossil overcharges into grid modernization, A Duke Energy lineman. Parts of Duke and Dominion Energy’s grid modernization plans, which earn regulators in the same way that large fuels to wind and solar and batteries renewable energy or energy efficiency the utilities a rate-of-return, include projects such as burying power lines underground. Critics state that investor-owned utilities do, there’s of- those projects are standard maintenance and should not be profited from. Photo courtesy of Duke Energy ten not public access to cost-of-service and demand-response, we’re going to be 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% projects instead of issuing refunds. spending more time forecasting supply “We’re consigning our consumers analyses to determine the fairness of ($59 million out of a total of $1.61 billion) electricity to 56 percent of the nation’s and scheduling the demand to fit that. Dominion Energy Virginia, Duke Energy to going forward in a future in which rates and what the co-op invests in. Renewables/ Nuclear Hydro-electric Purchases would accrue to residential households.” landmass, according to the National That’s a pretty dramatic change, and Carolinas and Duke Energy Progress project Energy efficiency $ they will be permanently overpaying for “That gets you into the ironic sit- Thompson notes that one reason Rural Electric Cooperative Association, most utilities are not ready for it — and that in 2033, fossil fuels will still be their main electricity,” said Virginia State Sen. Chap uation where, sometimes, cooperative Pumped/ regulators rejected Duke’s proposal was which represents the country’s 900-plus the regulatory framework in which they source of energy, with natural gas filling most Natural Gas Coal Oil Petersen during the General Assembly’s utilities kind of start doing whatever Battery Storage the utility’s failure to show public need. electric cooperatives. The members who operate is really not ready for it either.” of the void left by coal. A modest build-out of debate in February 2018. “I don’t believe they want to do,” says Hurley. “Duke just did not do a good job of pay for power in each electric co-op renewable energy infrastructure is expected. Source: Dominion Energy Virginia, Duke Energy Progress and Duke Energy Carolinas Integrated Resource Plans. Dominion’s in giving anybody a blank check.” Often, as in Powell Valley Electric’s Climate Consequences estimate includes the common elements from the five alternative scenarios they presented. Graphic by Jamie Goodman explaining what this Power/Forward are also the owners of the cooperative, This year, Duke Energy Carolinas case, small voter turnout at the annual In September, Duke Energy Progress initiative is, what the projects actually which is chartered as a nonprofit orga- proposed their own grid modernization membership meeting is exacerbated by and Duke Energy Carolinas filed plans Dominion Energy Virginia — a by more than 50 percent. Post-storm to an August report by the North Car- consist of,” beyond a general argument nization. These member-owners elect effort called Power/Forward. In June, the a lack of transparency on the board’s with the North Carolina Utilities Com- subsidiary of Dominion Energy, the analysis has yet to be released. olina Clean Energy Technology Center, for grid reliability, Thompson says. She board members who oversee the coop- N.C. Utilities Commission struck down part. Powell Valley member-owners mission listing what energy sources they fourth largest utility in the nation as “We know what to do to take the best a publicly funded organization based adds, Duke “couldn’t show that there erative’s day-to-day operations. the $7.8 billion ratepayer cost increase. were just granted permission to attend expect to invest in between 2019 and 2033. of April 2017 — plans to build at least chance to avert runaway climate chaos; out of North Carolina State University. was actually any kind of worsening Since there’s typically little to no McIlmoil states that some of the the monthly board meetings without “As we retire old coal, in most cases 4,720 megawatts of new solar capacity and yet major corporations, Duke Energy Grid modernization projects are trend of reliability.” state oversight for electric cooperatives, initiatives Duke included in Power/ prior request this summer, largely due we will replace that with natural gas,” by 2033, and is developing a community being one of the worst, are actively trying attractive to investor-owned utilities be- Duke is considering taking legislative member-owner involvement in the Forward were standard operations and to the efforts of PVEC Member Voices, Duke spokesman Randy Wheeless told solar pilot program in Virginia (read to thwart that approach,” says Warren. cause, if they are approved by regulators, steps in 2019 for the authority to add a process is critical to holding the co-op maintenance costs like replacing aging a group that has partnered with Appa- Utility Dive. “Going forward, Duke more on page 25). However, the utility Both Dominion and Duke have in- the costs of those projects plus a guar- “rider,” or temporary extra fee on electric accountable for their policies. infrastructure or burying lines under- lachian Voices and is aiming to reform Energy’s new capacity additions will be also plans to build at least eight new vested billions in the 600-mile Atlantic anteed rate-of-return can be recouped bills, to pay for grid modernization, ac- Pat Hurley, who has consulted ground — something that Duke should the electric cooperative. renewables (solar, battery and pumped gas-fired plants totaling 3,664 mega- Coast Pipeline, which would transport through customer charges. However, cording to the Charlotte Business Journal. for utility companies for more than 30 not be able to profit from. “Very few of However, meeting minutes are still storage) and natural gas.” watts in the same time period. fracked gas across West Virginia, Vir- the definition of grid modernization “We have talked about our strategic years all over the globe, is currently a the investments that were included in not publicly available, and a bylaw During that time period, the Duke Jim Warren, executive director of ginia and North Carolina. The project is vague. Many utilities like Duke and priority on grid [modernization] for some member-owner of Powell Valley Electric Duke’s narrative actually reflect improv- amendment proposed by PVEC Mem- subsidiaries plan to add 3,663 mega- NC WARN, a nonprofit clean energy continues to attract widespread oppo- Dominion are attempting to use the term time and described that as being a parallel Cooperative in Northeast Tennessee. He ing the grid in a way that prepares the ber Voices to ensure a permanent right watts of solar power. The two subsidiar- advocacy organization, states that sition (see page 22). to justify earning a profit at ratepayers’ process between the regulatory and the says that while the electric cooperative grid for a clean energy future,” he says. to open board meetings was blocked ies are also planning a massive buildout utility companies are furthering the Rory McIlmoil, energy savings pro- expense on ventures that could be seen legislative arena,” Duke CEO Lynn Good model may sound good on paper, it Power/Forward earned criticism of natural gas infrastructure — 9,596 climate crisis by building more fracked gram manager for nonprofit organization as standard operations and maintenance told the publication in August. doesn’t always work. Continued on next page from legislators, the North Carolina megawatts by 2033 — which earned gas infrastructure. Appalachian Voices, the publisher of this — which the utilities have traditionally Until then, the utility plans to hold Attorney General and public interest criticism from David Rogers with the “They have been acting as a key newspaper, calls Duke and Dominion’s not been allowed to profit from. a number of technical workshops on Cost-effective solutions advocates including Appalachian Voic- Sierra Club’s Beyond Coal campaign. force in moving humanity toward that investment in the pipeline “just another According to McIlmoil, electric why grid modernization is necessary. to improve your home es. According to Gudrun Thompson, a “While it’s good that Duke is starting climate tipping point, especially through example of them wanting to make as utilities across the nation are pursuing “There are certainly some ways that efficiency senior attorney with nonprofit law firm to realize that investing in clean energy the greatly expanded use of fracked gas much profit as possible and expand their grid modernization to make up for flat the grid really does need to be modern- Southern Environmental Law Center sources makes more sense than burn- over the last several years,” says Warren. control over the energy market.” or declining revenue due to residential ized to allow more clean energy onto who litigated against Duke’s proposal, ing coal, this plan doesn’t go nearly far He also notes that climate change solar and greater energy efficiency. the grid, and I think there’s room for Tomorrow’s Grid Power/Forward put too much burden enough,” Rogers said in a press release. helped make September’s Hurricane “They’re looking for a new way to common ground on that issue,” says Utilities across the country are on the utility’s residential ratepayers. “Burning coal until 2048 is hardly a ‘car- Florence so devastating. Before the invest money that will allow them to Thompson. “I’m hopeful that the series New Home Certification attempting to adapt with a wave of “Duke Energy proposed to bill resi- bon constrained’ scenario, as their filing storm hit, scientists from Stony Brook generate a profit — and the new, big of stakeholder workshops will result in Energy Efficient Renovations “grid modernization” investments — dential customers over $5.6 billion over claims, nor is a massive expansion of University, the Lawrence Berkeley and shiny investment is grid modern- an improved Power/Forward initiative Design Consulting a catch-all term for projects like smart the next 10 years for Power/Forward (72 plants that burn fracked gas, which, over National Laboratory and the National ization,” he says. that all stakeholders can agree on.” High Performance Insulation meters that advance the electric grid. percent of the Company’s planned $7.8 its first 20 years in the atmosphere, [releas- Center for Atmospheric Research were In March, the Virginia General As- Home Diagnosis In the second quarter of 2018 alone, billion spend),” Thompson wrote in an Uncooperative es methane that] is 87 times more potent projecting that human-caused climate sembly passed a controversial law that Energy Audit utilities in more than 40 states took steps email. “But only 3.5 percent of the poten- Cooperatives for trapping heat than carbon dioxide.” change increased Florence’s rainfall toward grid modernization, according Continued on next page tial cost savings from Power/Forward Rural electric cooperatives provide renewhomeinc . c o m

Page 16 October / November 2018 The Appalachian Voice The Appalachian Voice October / November 2018 Page 17 Monopoly Utilities in and looking over their Power Play prudence,” as the bill put it. and weakening regulatory oversight servatives and liberals favored increasing The effort, again led by Sen. Wag- for investments in the grid. And, like competition in the energy marketplace. Continued from previous page shoulder.” Continued from centerspread Hurley states that over ner and backed by Republicans and Dominion, Duke’s imprint on the state’s FirstEnergy’s Democrats, including Senate Minority politics is hard to overlook. from being voted on until summer 2019. 15 years, only four mem- But Obama’s effort to curb green- Leader Dick Saslaw and Gov. Ralph North Carolina’s previous gov- Bailout Blues Additionally, while prior request is not bers of Powell Valley’s house gas emissions nationwide stalled Northam, was fiercely de- ernor, Pat McCrory, worked for For Ohio-based FirstEnergy, com- required to attend meetings, it is needed nine board members have in February 2016 and was quickly over- bated. But more than the Charlotte-based company petition from independent power pro- before speaking at meetings. changed. Of those four, turned by President Donald Trump. at any time in the past, for 29 years and only sold ducers has precipitated a crisis. In April, “They have these elections every three were relatives of pre- Conservatives and liberals united to citizen groups, including his stock after the 2014 FirstEnergy Solutions, the company’s year, and you may or may not have ever vious board members. challenge the rate freeze, which was Appalachian Voices, the Dan River coal ash spill. power generation business, filed for even heard of these [board representa- “As the board presi- later shot down by the commission publisher of this news- During the 2016 guberna- bankruptcy as renewables and natural tives],” says Hurley. “You don’t have dent in Powell Valley said and the Virginia Supreme Court. By the paper, marshalled public torial campaign, McCro- gas pushed its coal and nuclear fleet to any idea of how they’ve been perform- a few months ago when end of 2017, Dominion had pocketed opposition to Dominion’s ry’s successor, Gov. Roy the economic brink. ing because you haven’t been able to they asked about the nomi- over-earnings of between $700 million plans. Cooper, ran ads attacking Over the past two years, FirstEn- watch them or see them individually nating process, he said ‘the and $1 billion of Virginia families’ money. In February, at the height his record on coal ash and ergy has petitioned the Federal Energy and what they’re doing, what kinds of board selects the nominating “We’ve got this double wham- of the legislative session, a new ini- general friendliness with his former Regulatory Commission and the Pub- questions they’ve asked, what objec- committee, and the nom- my of the legislature controlling the tiative called Clean Virginia emerged employer that labeled him “the Duke lic Utilities Commission of Ohio, and tions they’ve done or anything else.” inating committee selects [State Corporation Commission] and with the mission of countering monop- Energy governor.” lobbied the Trump administration and This can contribute to another the board,’” says Hurley. Dominion controlling the legislature,” oly utilities’ influence on the political Reporting by WRAL-TV shows that Ohio lawmakers, for a lifeline in the endemic problem of co-ops: long-term “In all but a very, very few says Main. “They’re supposed to be the process. Duke spent nearly $8 million in adver- form of massive subsidies to prop up board incumbencies. instances, the nominating Powell Valley Electric Cooperative’s annual meeting took place on Sept. 15 in Sneedville, Tenn. check on utilities. They’re supposed to More than 1,200 member-owners stood in the hot sun for hours to vote for the board of directors, “The strongest tool we have is that tising buys in 2016, leading the station the failing power plants. “There’s no turnover, so it be- committee will nominate the incumbent protect ratepayers.” the second-highest number of voters in recent history. Voter turnout was driven in part by PVEC The company has so far come up board members, and there is no other we do not have to do a lot of convincing to ask why a regulated monopoly with comes like a little club,” says Hurley. Member Voices, a citizens’ group advocating for reform measures such as open monthly board Political Courage in the short. In August, the bankrupt FirstEn- consideration. … [Member-owners] are people that the system is broken,” says so little competition needed to spend “You don’t have anybody else coming meetings. Pictured, around 300 people vote on co-op policies. Photo by Brianna Knisley ergy Solutions announced that unfa- faced with a slate of the incumbents, and Commonwealth Brennan Gilmore, Clean Virginia’s exec- millions of dollars on advertising every vorable market conditions would force no other alternatives.” to what the cooperative is doing — and back into the co-op where it’s dispersed For decades, Dominion has seemed utive director. That brokenness, Gilmore year. It’s a public service, according to it to shut down four coal plants and At 2018’s annual meeting on Sept. if they don’t like what the cooperative is to where it can be best used.” peerless in its power. But even for a says, “has direct consequences for all Duke spokesman Jeff Brooks, who told three nuclear plants, unless the Trump 15, however, three incumbent board doing, they have to get new candidates While Hurley notes that this is how utility whose name signifies control, Virginians,” from higher electric bills to the Raleigh-area news station that the administration steps in. members were challenged by candi- in there, whether it’s by petition or some- the utility grows, he says it’s “very political winds can change. a lagging transition to renewable energy. company wants customers “to under- “FirstEnergy is a particularly odd dates supported by PVEC Member how through the nominating process. It unusual” for member-owners to nev- In the November 2017 election, When the dust settled after the Gen- stand the work that Duke Energy is messenger for that bailout request,” Voices. Although all three incumbent seems rather simple, but they just have er have received capital credits, and Democrats flipped 16 seats in the Vir- eral Assembly session, Dominion Ener- doing on their behalf.” says Dave Anderson, a researcher at the members won their elections, 1,254 to pay attention to start with.” he wonders how much the board has ginia House of Delegates. Twelve of gy walked away with almost everything But when WRAL asked indepen- Energy & Policy Institute, a watchdog members showed up to vote — the Most electric co-ops are intrinsically fought this policy. those newly elected delegates pledged it wanted, but only after an uprising led dent marketing strategists for their that exposes misinformation from fossil second-highest turnout in 15 years. linked to large utility companies. Accord- “Which is one reason why some of us during their campaigns to refuse con- by House Democratic leader David Tos- opinion, they saw a few other ad- fuel industries. Problems like these are not unique ing to the Institute for Local Self-Reliance have been asking Powell Valley for a copy tributions from Virginia’s utilities as cano and Del. Rasoul stripped the bill of vantages. “So when they ask for rate Anderson says that utilities includ- to one electric cooperative. Mem- report, 65 to 70 percent of power distrib- of their contract with TVA, and Powell controversy swirled around the Atlantic a provision that would have effectively increases, there will be less resistance,” ing FirstEnergy and American Electric ber-owners are not allowed to attend uted by electric co-ops is supplied by out- Valley has not given it to us,” Hurley Coast Pipeline, a $6.5 billion natural let Dominion charge customers twice one responded. “To insulate them from Power have relied on free market rhet- monthly board meetings for Blue Ridge side power providers — so the foundation says. “‘What are these restrictions? And gas project Dominion is developing in for a single investment in the grid. legislative moves to weaken their mo- oric to oppose state and federal clean Energy, an electric cooperative in West- for setting electricity rates is affected by if they don’t allow these things, what are partnership with Duke Energy. But Dominion’s latest victory could nopoly power,” said another. Used, energy policies for years. Now that ern North Carolina. Meeting minutes where cooperatives get their power from. you [the board] doing about it?’” At the beginning of the 2018 Gen- exact a political cost. In March, Demo- Last year, Duke Energy began run- FirstEnergy is against the ropes, “they Rare & Out are also not provided to the public. The This also affects what type of power “They don’t communicate all these eral Assembly season, Del. Sam Rasoul cratic Del. Mark Keam advocated in a ning TV ads with the slogan “Building are trying to pass on the cost of their cooperative’s policy restricts public co-ops use. For instance, Blue Ridge details, they don’t survey all their cus- made the case for repealing the rate Washington Post op-ed for a prohibi- A Smarter Energy Future” as part of its of Print Books business model to customers.” comments at their annual meetings to Energy is contractually obligated to buy tomers, they don’t have any kind of town freeze outright. “This law was a corrupt tion on campaign contributions from push to spend $13 billion on grid up- Ohio Gov. John Kasich has opposed Specializing in 15 minutes with a maximum of one most of their power from Duke Energy. hall meetings,” he adds. “There’s almost law,” Del. Rasoul said on the House state-regulated monopolies, and more grades over the next decade, $5 billion those measures, and polling paid for by Books about Black minute per person. In their power-purchase contracts, Blue no communication whatsoever between floor. “We had an obligation to protect state and congressional candidates are of which would be spent burying power the Alliance for Energy Choice, a trade Mountain College Member-owners of French Broad Ridge has a two-megawatt cap on how the board and their members, which is the people, and we did not.” publicly refusing to accept funds from lines. The plan would increase energy group representing independent power Electric Membership Corp. in Western much “demand-response,” or technol- not the way it’s supposed to be.” But Rasoul’s call for political cour- Virginia’s largest electric utilities. costs for the average household by near- producers, found that large majorities of North Carolina are also not allowed to ogy that reduces grid usage, they can The systems governing utility mo- age became the opening argument in a Meanwhile, Dominion’s lobbying ly $4,000 over the 10-year timeframe. Ohio voters don’t want to foot the bill. attend monthly board meetings, nor are utilize. Since solar power is viewed as nopolies were theoretically designed to familiar Richmond routine. Because, not expenses through the 2018 session in- The North Carolina Utilities Com- Ohioans are not interested in “pay- meeting minutes provided to the public. a type of demand-response technology, serve the public interest, whether that surprisingly, Dominion had something creased tenfold compared to the previ- mission rejected the plan in June, lead- ing above-market prices to ensure But if enough people show up this limits how much solar the co-op can utility is a rural electric cooperative else in mind. ous year. To Gilmore, that defensiveness ing to renewed calls for a more inclusive see higher dividends for a handful of to vote, change can happen. In cen- purchase or self-generate. with 30,000 member-owners or an in- Rather than just issuing refunds is a good sign. “Hopefully, next session approach to modernizing the grid ( “The Problem with Monopoly Utilities” on companies and their shareholders,” the tral South Carolina, more than 1,500 Powell Valley’s power-purchase vestor-owned company with millions and restoring rate reviews, the com- we’ll see continued [citizen] engage- page 14 group’s spokesman told the Cleveland member-owners of Tri-County Electric contract with the Tennessee Valley of ratepayers. But a litany of barriers pany sought legislative approval of ment,” he says. “That’s how democracy ). But Duke Energy executives Plain Dealer. But if FirstEnergy can’t Cooperative voted out the entire board Authority prohibits the co-op from including lack of transparency and a multi-billion dollar plan to harden is supposed to function.” have been upfront about their plans to convince voters, it seems determined in August after it was revealed that the refunding capital credits, which is the putting shareholders above the public the grid. Although it included some promote legislation in 2019 that would Duke Follows to go around them. part-time board was paying itself more excess money that member-owners paid makes that difficult. incentives for clean energy, the proposal circumvent the commission. Dominion’s Lead Anderson is tracking the compa- than triple the national average plus over the year for their electric service. There are safeguards built into both centered on Dominion’s desire to recov- That could be an uphill battle. In a Jean & Carl Franklin Powered Not far behind Dominion, Duke ny’s policy agenda and political spend- by (PV) benefits, according to The State. Michael Shockley, a board member systems to rectify these barriers, if the er the cost of burying power lines from May poll commissioned by Conserva- 103 Cherry Street Solar Cells Energy is pursuing its own costly plan ing ahead of the vote in November for “It may take years, but [mem- of Powell Valley Electric for about 15 public chooses to do so. The next issue ratepayers, plus a profit. It just needed tives for Clean Energy, just 10.5 percent Black Mountain, NC 28711 in North Carolina to keep sharehold- Ohio’s next governor. FirstEnergy and ber-owners] have to come out and vote,” years, told the Claiborne Progress that of The Appalachian Voice will examine a legislative decree for the commission of North Carolina voters supported (828) 669-8149  ers happy through similar means: its lobbyists have donated to each par- says Hurley. “They have to pay attention “the monies that we accumulate goes how that can happen. to approve those costs “without con- Duke’s grid investment strategy, while [email protected] completing the Atlantic Coast Pipeline ty’s nominee.  sideration of their reasonableness or approximately half of self-identified con- Page 18 October / November 2018 The Appalachian Voice The Appalachian Voice October / November 2018 Page 19 Seeking Cooperative Change the incumbents with This Green House similar margins. Jeff Lewis lost the election for Powell Valley Electric Cooperative’s The polling place The Sunny was as much as an board, but he hopes they will take his concerns to heart hour drive for some Golden Years member-owners, By Kevin Ridder without me having any business to dis- percent less.” and Powell Valley Retired Southwest Virginia Former New Tazewell, Tenn., Al- cuss with the directors, they didn’t have He says he does not offer mail-in Couple Goes Solar derman Jeffrey Lewis has always been any space for me. It was a little bit frus- is still frustrated or online voting like trating, but I went on about my way.” that there have many other co-ops. By Hannah McAlister an active member of his community. Save for his time at the University A little while after, Lewis was been no answers. “It was sort of On a sunny November after- Photo courtesy of Jeff Lewis of Tennessee in Knoxville, Lewis has asked to run for the board by PVEC Lewis also wants a disappointment,” noon, Kathy Selvage stood in her lived there his entire life. Now a vice Member Voices, a group aiming to the board to look Lewis says. “Not that yard in Wise, Va. Selvage pointed president and branch manager at First reform the electric cooperative that into TVA’s policy on not allowing I lost, so much, because I think the in- to a house just up the hill from her State Bank, Lewis is also the deacon has also partnered with Appalachian member-owners to receive capital formation was made open, but it was own, where her mother lived until chairman of his church, works closely Voices, the publisher of this news- credits, excess dollars that member- a little discouraging that I lost by such her passing in 2015, and described Kathy and Gary Selvage stand by their smart meter in Wise, Va., on the December 2017 day that Sigora with the Claiborne Chamber of Com- paper. After initial reluctance, Lewis owners overpaid over the year for their a large margin.” her vision of putting solar panels Solar completed installation of their 16-panel rooftop solar array. Their electricity bills have dropped merce, and was once a director of the decided to run. electric service. After the board vote took place, on the roof. Her mother relocated dramatically since; one bill listed a $5 credit in lieu of a charge. Photos courtesy of the Selvages. local fire department. “I do have respect for Powell Valley One of Lewis’ main issues with roughly 300 people stayed to vote on to that house after Kathy’s child- “I felt very fortu- Electric’s board, I know most Powell Valley was its lack of open proposed policies. Lewis and others hood home, which was a quarter Why Go Solar? shock” at the total of $17.02, explaining “I think [the solar panels] are an nate to be able to stay of those folks and have a monthly board meetings and the lack with PVEC Member Voices were sur- mile away, was sold to a coal company “I would call our solar panels our that only $5.02 of that was for electricity asset to the home and to its value too,” close to home and raise great respect for them,” of publicly available meeting minutes. prised and disappointed when the mo- and ultimately demolished. Paris Agreement,” says Kathy, referring usage. The remaining $12 was the fixed she says. my kids in this small- Lewis says. “But I do When Lewis and others began advocat- tion to adopt a written policy for open During the summer of 2017, Kathy to the 2015 international climate change monthly fee that applies to all ratepayers. However, going solar wasn’t all town kind of environ- feel like some changes ing for open meetings, they were told board meetings was shouted down and and Gary Selvage attended four forums agreement that President Donald The Selvages are able to take ad- smooth sailing. The Selvages faced legal ment,” he says. could benefit the mem- that the meetings had always been voted against by 182 people. on residential solar power led by the Trump announced he was withdrawing vantage of net metering, which means issues to prove home ownership, chal- Lewis recently ran bers in general.” open — but, Lewis says “I just don’t “It surprised me that although Solar Workgroup of Southwest Virginia, from in 2017. “I still feel like it’s really all that if their panels generate more en- lenges in seeking funding and installa- for the board of directors Lewis wants the see evidence of that.” the board chairman of Powell Valley a coalition founded in 2016 and co-con- about energy policy in the United States. ergy than they use, the retail rate for tion delays due to weather and setting at Powell Valley Electric board to halt what he “We need to make our membership Electric said that we do have open vened by UVA-Wise Office of Economic I feel like if the country can’t change its the excess power they generate can be up a smart meter. Cooperative, his local electric calls “indiscriminate her- aware that some of the decisions that meetings, the group that was there Development & Engagement, People energy policy to make a commitment to credited to their next bill. This past July, “I think that for this part of Virginia, utility that serves about 30,000 bicide spraying” near the co- have been made may or may not have overwhelmingly voted no, they did Inc. and Appalachian Voices, the pub- green energy and understand the place they used negative 36 kilowatt-hours, it’s fairly new and innovative,” says people in Northeast Tennessee and op’s power lines. been in the best interest [for] them,” not want open meetings,” Lewis says. lisher of this newspaper. Kathy Selvage we’re already at in climate change, then which was reflected in a credit on their Kathy. “It’s been a really long process, Southwest Virginia. He has been a He also thinks the board could he says. While prior request is not needed is a former board secretary with Appa- the least we can do as individuals is step August bill. but I think it will get easier as more and member-owner of the co-op for 37 make decisions that would help lower At Powell Valley’s open annual to attend monthly board meetings, it is lachian Voices and is involved in several up and say ‘I know I’m a drop in the Kathy says she knows their bills more people do it.” years. While Lewis lost in September to electric rates. Lewis disagrees with the meeting on Sept. 15, members voted for needed to speak at them. “We would community and environmental groups. ocean but I must do what I can’ … so I will rise in the winter, but that their Since the Selvages are retired, they the incumbent board president, Roger board’s decision in the early ‘90s to the three board seats up for election and like to see those meetings included in “It was pretty much near the end [of think it was a personal commitment.” costs will be lower than in years past. did not have enough tax liability to Ball, he hopes his concerns with how keep Powell Valley’s power-purchase on a PVEC Member Voices-supported the form of by-laws so that those open the forums] when we just said, ‘let’s do Now, Kathy and Gary are happily “We’re going to be conservative in qualify for long-term funding or tax - the co-op is run will be taken seriously. agreement with the Tennessee Valley motion for open monthly board meet meetings would be [certain] to continue it,’” says Kathy. settled into their home, which features our energy usage,” she says. The couple incentives for their project. Lewis’ decision to run for the board Authority instead of switching to Ken- ings. A total of 1,254 of the co-op’s and not just be given and taken away On that November day, Kathy ex- 16 solar panels on one side of their roof. is considering further energy efficiency “Having come from banking ex- can be traced to a Jan. 23, 2017, article tucky Utilities. 31,000 member-owners showed up and as the directors might deem valuable citedly shared her and her husband’s The panels get a lot of late afternoon and upgrades to their home that were recom- perience, I realize that when you’re in the Claiborne Progress that caught “At that time, the savings to the waited in the hot sun for hours to vote, to them,” says Lewis. plans to move into and put solar panels evening sun, according to Kathy. mended during a home energy audit. dealing with older folks, you are more his eye. Jo Ann Dillingham, a former utility would have been about 25 per- which was the second-highest number Leading up to the September an- on her late mother’s home, which was When they received one of their They recently replaced their dryer and careful about making long-term loans. employee of Powell Valley Electric, was cent,” Lewis says. “Our costs for our of voters in 15 years. Lewis lost 338 to nual meeting, PVEC Member Voices more energy efficient and offered the electric bills from Old Dominion Power are looking into energy-efficient light So we just chose a three-year loan,” suing the co-op for wrongful termina- power that we’ve purchased to give to 945, and the other two candidates sup- collected nearly 500 signatures for the most solar potential. in June, Kathy says she was in “utter bulbs and wrapping their water heater. says Kathy. tion. Dillingham alleged she was fired our members would’ve been about 25 ported by PVEC Member Voices lost to board to adopt a by-law amendment “This is going to be the most ben- after she disclosed “illegal activities” for open meetings. The board, how- eficial to those who are young and 30 percent federal investment tax credit. to third-party auditors such as the ever, declined to put it on the ballot How to Finance A Solar Project Kilgore’s bill passed unanimously in the working, to take advantage of the tax cooperative not seeking bids for ex- until 2019. Virginia House, but senators voted to delay incentives and definitely stretch out There are a number of ways to finance used by tax-exempt entities to install solar “Somebody’s got to make their for one year. Time is running out, as the fed- pensive projects that led to customer solar projects in the United States in addi- panels. But a power purchase agreement that loan through their savings,” she presence known that there’s concerns eral tax credit begins to step down in 2020. overcharges. The board denied all tion to the loans and net metering that the can allow tax-exempt entities like churches continues. “The way it’s designed, it is Another financing method is solar charges. here that aren’t being addressed by Selvages used. One of the most common and schools to benefit by allowing the third- not beneficial to older people and I think leasing, which allows homeowners to “It was the accusations that she our cooperative, and somebody at methods is a power purchase agreement, party solar developer to reap the tax sav- that’s a terrible group to be leaving out install a system for zero money down by least needs to bring those to light,” which allows a property owner to enter a ings and pass those savings along to the was making that were published in entering into a 20-year lease and making because in Wise County, the older folks Lewis says. “Ultimately I hope that’s long-term, fixed-rate contract with a third- nonprofits. However, Virginia law currently the Progress that really piqued my monthly payments. This long-term method are the ones who could benefit most u party solar developer for little to no upfront prohibits nonprofit organizations from par- interests, being involved with the lo- what I’ve done.” is not beneficial for older couples, leads to from having lower electric bills.” cost. The developer sells the power gener- ticipating in power purchase agreements. cal chamber and being on the council less savings in the long run and requires ated to the host at a fixed rate that is typi- In January 2018, Virginia Delegate Still, the couple reports they are homeowners to buy out the lease if they [at the time],” Lewis says. Soon after, Powell Valley Electric Cooperative member- cally lower than the local utility’s retail rate. Terry Kilgore introduced House Bill 1252, very happy with the way the project move before the term is up. This is allowed Lewis decided to visit a Powell Valley owners vote against a written policy for While this is allowed in some states, it is legislation that would expand Virginia’s turned out. Kathy notes there is room for in parts of the region, including Georgia, board meeting just to be “a fly on the open board meetings as county and state law banned or restricted in Kentucky, West Vir- existing power purchase agreement pilot three or four more panels on their roof. enforcement look on. Around 300 people of the Ohio, South Carolina, Tennessee, Virginia, wall” and see what was going on. ginia, North Carolina and South Carolina. program, making all tax-exempt entities in “I don’t think we’re done yet,” she co-op’s approximately 31,000 member-owners and, as of 2017, North Carolina. But Lewis says he “was told that Federal tax incentives cannot be Southwest Virginia eligible to leverage the says. u voted on the policy. Photo by Brianna Knisley

Page 20 October / November 2018 The Appalachian Voice The Appalachian Voice October / November 2018 Page 21 PROOF

Legal Challenges Against Pipelines Heat Up Mountain Valley Pipeline Sparks Anger

By Kevin Ridder “By vacating permit after permit for Anne Way Bernard’s field in Franklin County, Va., often floods due to the Mountain Valley Two new tree-sits have been stand- called the cops and law enforce- On Oct. 2, the U.S. Fourth Circuit the MVP, the Fourth Circuit has been Pipeline’s inadequate stormwater control. ing in the path of the Mountain Valley ment responded to protect the Court of Appeals voided a necessary forced to do what the federal govern- ment should have been doing all along: Photo by Anne Way Bernard Pipeline near Elliston, Va., since Sept. interests of the pipeline com- Clean Water Act permit needed for the 5. The tree-sitters — Lauren Bowman, a pany. No arrests were made.” Mountain Valley Pipeline to be con- protecting the public and the environ- ment from this harmful and unneeded 24-year-old Montgomery County, Va., Mountain Valley Pipeline structed across streams and waterways resident, and a person known only as has sparked outrage in other throughout most of its proposed route pipeline,” Chesapeake Climate Action Network General Counsel Anne Have- “Nettle” — are on Cletus and Beverly parts of the region. In Summers in West Virginia. The permit had been Bohon’s property near Elliston, Va. County, W.Va., a helicopter drop- issued by the Army Corps of Engineers. mann said in a press release. “The public deserves no less than for Mountain Valley used eminent domain ping erosion-control pellets over The case centered on Mountain to seize part of the Bohons’ land and the path of the pipeline missed Valley’s inability to comply with a West regulators to take a real look at the im- pacts of this massive project,” she added. cut a swath of trees in March. Accord- its target by a quarter-mile, Virginia condition requiring that stream ing to the Roanoke Times, the Bohons pelting Neal Laferriere and his The tree-sitter known as “Nettle,” above, on their “Once they do, we’re confident they will platform in late September. At right, Mountain crossings be completed in 72 hours or were not involved in planning or or- children on their family-owned less to qualify for the broader, one-size- conclude that there is simply no safe way Valley Pipeline loggers carrying chainsaws walk ganizing the tree-sit. organic farm in September, ac- beneath one of the tree-sits. Appalachians Against fits-all Clean Water Act permit that the to build the Mountain Valley Pipeline.” “They don’t seem like violent cording to WVVA Television. Pipelines states that many trees were felled near Army Corps used. The record showed According to ProPublica and the Charleston Gazette-Mail, West Virginia criminals or nothing,” Cletus Bohon Laferriere states that the pellets the sitters’ trees despite contractors’ orders to give Mountain Valley Pipeline would need told the Times. “They were nice and now cover nearly three-fourths of a wide berth. Photos by Will Solis far longer to build across some of the regulators are merely rewriting their rules to allow the project to proceed, friendly. I kind of understand what his farmland, and that Mountain larger rivers along the route. they’re fighting about.” Valley told him there is “abso- Laferriere to address his concerns. The court’s order is a victory for instead of considering the ramifications of the pipeline. Afterwards, Mountain contractor services to increase. Courthouse News Service. A decision was Mountain Valley contractors have lutely nothing you can do to clean this Pipeline construction crews nonprofit law firm Appalachian Moun- Rain from Florence caused land Valley would apply for a new permit, In August, FERC issued stop-work not announced by press time on Oct. 4. repeatedly cut trees that were close up.” Laferriere said he is worried this upset Bent Mountain, Va., residents tain Advocates, which represented subsidence to occur near several expected in early 2019. orders for the Mountain Valley and At- Later that week, on Sept. 28, federal to trees supporting the protestor could void his farm’s organic certifica- when they continued work for several the Sierra Club, West Virginia Rivers Mountain Valley right-of-ways, ac- While Virginia does not impose the lantic Coast pipelines after the Fourth judges on the Fourth Circuit Court of Ap- platforms, according to Appalachians tion, which would reduce the price of days after the Virginia Department Coalition, Indian Creek Watershed As- cording to WDBJ7 News. same 72-hour condition on construc- Circuit Court stripped away key permits. peals heard arguments involving that case Against Pipelines. black cohosh, one of their crops, from of Environmental Quality directed a sociation, Chesapeake Climate Action “This place has already been estab- tion, there is a similar case pending Although the orders have since been and three others related to the Mountain “Despite [Mountain Valley Pipe- $38 per pound to $5 per pound. temporary halt due to the impending Network and Appalachian Voices, the lished as incredibly fragile,” POWHR at the Fourth Circuit, according to the lifted, construction on sections of the two Valley and Atlantic Coast pipelines. line] security telling loggers to stay 200 “It just feels like we’ve been Hurricane Florence. While the DEQ publisher of this newspaper. Coalition Co-Chair and Bent Moun- Roanoke Times. Petitioners argue that pipelines is still being contested in court, Gregory asked the Forest Service why it feet away (in past days), trees were cut steamrolled, abused. Like they just stated that any construction in those In the wake of the ruling, Appa- tain resident Roberta Bondurant told the invalid West Virginia permit renders and new protests have sprung up along weakened sediment and erosion controls under 100 feet from the sits and rig- don’t care,” Laferriere told WVVA days would be focused on strength- lachian Mountain Advocates expects WDBJ7, describing Bent Mountain. the Virginia permit invalid as well. the routes of both. The Fourth Circuit’s for pipelines traversing across steep ging, and fell to within 20 feet,” reads Television. Mountain Valley released ening erosion controls, the citizens’ the Corps will now have to conduct “a “You have an incredibly unsound base Actions against the Mountain Valley decision is the latest in a series of legal slopes. Lawyers for both the Forest Service a Sept. 30 post on the group’s Facebook a statement explaining that they group POWHR Coalition reported significant environmental assessment” on which to lay your 42-inch fracked Pipeline have already taken a large toll; actions against pipelines in the region. and Dominion flatly denied that their en- page. “As supporters tried to protect have taken steps to prevent this from seeing crews digging trenches and to issue an individual Clean Water the safety of tree-sitters today, MVP happening again and will work with welding pipes in that time. gas pipe.” Act permit for the pipeline instead of on Sept. 24, developers announced that vironmental standards had been lowered. the broader permit. The groups are the estimated cost of the pipeline was On Sept. 25, Virginia and West Vir- In a separate case that day, the judges agency arbitrarily amended the forest has a campground on the land. He values tion can only take place during certain now arguing that the Federal Energy raised to $4.6 billion, a nearly $1 billion ginia landowners brought a case before also questioned the legitimacy of the Legal Challenges increase. TransCanada’s Mountaineer the Fourth Circuit challenging the use of Army Corps of Engineers’ decision to plans to allow construction of the Atlantic the parcel at $535,000. When he turned months — but Judge Irons noted that Regulatory Commission should issue Continued from previous page Coast Pipeline. down Mountain Valley’s offer of $34,000 Mountain Valley has shifted its deadlines a stop-work order for the entire pipe- XPress Pipeline in West Virginia also an- eminent domain to seize land for pipe- allow state regulators to rewrite rules On Sept. 18, West Virginia Judge for the pipeline’s right-of-way, the com- in the past when challenged. line because the certificate that gives nounced a nearly $1 billion increase, due lines, as well as the decision to allow the for the Mountain Valley Pipeline in 2017, allowed Dominion Energy and other Robert Irons ordered a pause on a pany seized it through eminent domain. According to the Register-Herald, Mountain Valley permission to proceed primarily to competition from other com- project to progress without compensat- which led to the court striking the Corps’ developers of the pipeline to resume state permit allowing Mountain Valley “It just completely destroys my Irons stated, “I have heard that before is contingent upon securing all other panies building fracked gas infrastructure ing landowners. Fourth Circuit Court Clean Water Act permit in late September, clearcutting through roughly 20 miles Pipeline developers to tunnel under the property,” Berkley said in March. “I will on cases involving the Mountain Valley required federal permits. causing the cost for land acquisition and of Appeals Chief Judge Roger Gregory according to the Charleston Gazette-Mail. questioned the use of eminent domain to Also on Sept. 28, judges heard en- of the George Washington and Monon- Greenbrier River in Summers County, not run a commercial campground on top Pipeline,” referring to a previous case take land for pipelines before landown- vironmental groups appeal a Virginia gahela national forests. W.Va., and split Ashby Berkley’s river- of that pipeline. I don’t think anybody involving tree-sitters in the path of the Pipeline Explodes Near Pittsburgh ers are paid, which was enabled by the water quality permit issued to the At- “Because of this decision, chainsaws side property in half. would want to stay over a place that pipeline. “It was represented that there In the early morning hours of Sept. landslide brought on by heavy rains is federal court 14 years ago. lantic Coast Pipeline, and separate argu- will remain idle until the court has had an Berkley owns two rental homes and could blow.” was a hard deadline. Well, that deadline 10, a section of the Revolution fracked partially to blame for the blast — barely “This is something extraordinary the ments that appraisers for the Mountain opportunity to decide our case,” Citizen groups argued got extended for a couple months. It gas pipeline exploded in Beaver Coun- three months after a landslide caused courts have granted and the question is Valley Pipeline did not consider coal said SELC Senior Attorney D.J. Mountain Valley Pipeline that the delay was necessary seems to me that these deadlines aren’t re- ty, Pa. While no injuries were reported, the six-month-old Leach XPress pipe- should it happen now before [payment under select properties, according to the Gerken in a press release. “For construction. Photo courtesy of to make sure the merits of the ally set in stone on this particular project.” the fires burned down a home, several line to explode and scorch 10 acres in is] done,” Gregory said, as reported by Charleston Gazette-Mail. the same reason, FERC should Appalachians Against Pipelines river crossing were properly A hearing is set for Oct. 23. garages and caused the evacuation of Morgantown, W.Va. stop construction elsewhere around 30 homes. Energy Transfer Partners, the com- Courthouse News Service. “You want to On Sept. 24, the Fourth Circuit reviewed before construction, “In highlighting the constantly mov- “It lit this whole valley up,” Center pany behind the Revolution pipeline, is abort the [normal and lengthy eminent ordered a halt to a U.S. Forest Service until these issues are resolved, according to the POWHR Co- ing deadlines that MVP brings to show Police Chief Barry Kramer told the Pitts- also building the controversial Mariner domain] process and take it now.” A permit for the Atlantic Coast Pipeline to avoid wasting ratepayer dol- alition, a network of groups irreparable harm in court, Judge Irons burgh Post-Gazette. “People looked East 2 pipeline in Pennsylvania that will lawyer representing Mountain Valley while it decides a case brought by sev- lars building a route that may opposing the expansion of said what most in positions of power out their window and thought the sun be used to export natural gas liquids argued, “We have the right to it now. It eral environmental groups represented not be viable.” fossil fuel infrastructure. have been afraid to say: federal and state was up.” overseas for plastics production. Penn- was done with notice, these landowners by the the Sierra Club and the Southern In an argument similar to Mountain Valley Pipe- agencies are and will continue to bend The pipeline was still in testing sylvania regulators have issued the had discovery and evidence hearings.” Environmental Law Center, a nonprofit that used by pipeline opponents line attorneys, however, ar- over backwards to allow MVP to be phases and had been running for only pipeline 83 notices of violation as of Oct. to strip Mountain Valley of a a week before the explosion, according 4. StateImpact Pennsylvania reports it But Chris Johns, an attorney repre- law firm. The previous week, FERC gued that this would post- built,” said POWHR Coalition Executive Forest Service permit in July, pone the river crossing until Committee Member Maury Johnson in a to the Post-Gazette. Officials believe a is about 18 months behind schedule. senting the landowners, stated that the Continued on next page practice is an abuse of power, according to the groups are alleging that the summer 2019 since construc- press release. u

Page 22 October / November 2018 The Appalachian Voice The Appalachian Voice October / November 2018 Page 23 EDITED but awaiting update

Trump EPA Seeks to Weaken Power Plant Regulations Remembering Ben Stout: An Environmental Legacy The Energy Report In late August, the U.S. Environmental encourages existing power plants to become This story was first published by West Virgin- Dr. Ben Stout was moved to tears over the plight of Protection Agency released new draft rules to more efficient but drops federal emissions ia Public Broadcasting and has been shortened people living near mountaintop removal and coal Hurricane Highlights Coal Ash Risks regulate pollution from coal-fired power plants. requirements, allowing states to regulate with slurry when he visited the Hobet 21 mountaintop The analysis released with the EPA’s proposed looser standards instead. for The Appalachian Voice. Read the original In addition to Hurricane Florence’s impoundment that is awaiting cleanup. removal site in West Virginia with a film crew regulations acknowledges that the new rules The fine particles released in smoke and soot online at wvpublic.org/post/remembering- devastating harm to people, pets and In preparation, Santee Cooper installed for“The Last Mountain” documentary. Photo by would result in more pollution and as many as created by burning coal are linked to negative ben-stout-environmental-legacy livestock, the storm also highlighted the an additional temporary, inflatable dam Vivian Stockman, ohvec.org 1,400 more premature deaths each year by 2030. health outcomes such as heart and lung disease. vulnerability of coal ash impoundments and pumped water into the ash pit to The new rules replace the Obama-era Clean According to the EPA’s analysis, the new rules By Glynis Board about everything,” Cassidy recalled. to severe flooding. As rivers rose, staff equalize pressure as the river rose. Read Power Plan, which was opposed by the coal would result in 40,000 new cases of asthma and with the Waterkeeper Alliance — a more about Florence’s impact on page 4. In August, the region lost a pow- Cassidy said his ability to connect industry and never enacted after being halted tens of thousands of missed school days. — By with people and gather and provide nonprofit organization that coordinates by the Supreme Court. The EPA’s proposal Elizabeth E. Payne erhouse of environmental science and several groups stewarding affected wa- North Carolina Proposes valuable, valid research made it pos- advocacy with the death of professor terways — monitored area rivers, taking New Coal Ash Rules sible to empower communities to affect Benjamin Stout. Stout’s work as an photos and collecting water samples. Also in September, North Carolina EPA Proposes Loosening Methane Emission Rules educator, an expert witness in the court- change. His obituary notes how his Heavy rains first breached a coal regulators held hearings on the state’s On Sept. 11, the U.S. Environmental Protec- EPA is accepting public comments until Nov. 16. room, as well as his work empowering work in communities, “led to 500 West ash impoundment at Duke Energy’s L.V. proposed new coal ash rules. tion Agency released a proposed rule change Methane is the main component of natural citizens with science, made long-term Virginia families being connected to a Sutton power plant near Wilmington, “Any coal ash rules for North that would loosen methane regulations. This rule gas and is a greenhouse gas about 86 times would undermine Obama-era regulations aimed as powerful as carbon dioxide. According to impacts regionally and nationally. municipal water supply at [the town N.C., on Sept. 15, discharging coal Carolina’s state program should make waste and water into Sutton Lake. On at preventing methane leaks, more than a year several environmental groups,the EPA itself Stout was a Wheeling, W.Va., resi- of] Williamson.” it clear that Duke Energy cannot leave Sept. 21, the dam separating Sutton its coal ash sitting in groundwater and after environmental groups won a lawsuit against has acknowledged that loosening methane dent and, for the past 26 years, a biology The Educator Lake from the Cape Fear River failed, in impoundments,” said Ridge Graham, the EPA for attempting to delay the implementa- regulations “may have a disproportionate effect professor at Wheeling Jesuit University. Stout’s work was also a source of discharging an unknown amount of coal North Carolina field coordinator for Ap- tion of these regulations. on children,” and admitted that methane emis- He was a stream ecologist who dedicat- ash and related wastewater. Industry groups supported the proposal, sions may cause a rise in instances of premature inspiration to his students at Wheeling palachian Voices, the publisher of this ed his life to science, nature, and above At Duke Energy’s H.F. Lee power newspaper. citing the agency’s expectation of saving the oil deaths, strokes, chronic bronchitis and low birth Jesuit University. all, community. Ben died of cancer on plant near Goldsboro, three coal ash Contaminants such as boron, and gas industry $75 million dollars annually. The weights. — By Eric Halvarson “You couldn’t help but just want to Aug. 3 at his home in Wheeling, sur- impoundments that were already closed hexavalent chromium and vanadium are follow in his footsteps,” former student with an earthen cap were submerged in rounded by his family. He was 60. not covered under the new rules, which VA Approves Dominion Solar Pilot Program Jacob Keeny said. floodwaters. The waterkeepers docu- Graham says also weaken the state’s Stout revealed some of his deep- have mostly been transferred to water, kinds of insects that fly fishers use all In September, the Virginia State Corporation additional cost covers administration and market- “He wanted his students to respect mented arsenic levels 18 times higher ability to push for corrective action in Commission approved a Dominion Energy pilot ing of the program, and reflects the fact that the est convictions related to coal mining along with increasingly harsh chemicals the time,” Lovett said. “I think the judge than the state drinking water standard in instances of groundwater pollution. the community first and understand program that will allow ratepayers to choose to solar power for this program would come from practices, a topic especially important used to pull the impurities from coal. really learned from Ben, and I think that the Neuse River’s floodwaters above the At a September public hearing in science second. If you couldn’t connect receive all or part of their electricity from Virginia smaller solar facilities throughout the state rather to him, in a 2008 documentary called was crucial in winning that case.” submerged coal ash impoundments. Reidsville, N.C., Appalachian Voices The Expert Witness the two, you were hard pressed to get solar farms built by independent solar develop- than fewer large facilities. Under the statute, the Burning the Future: Coal in America. For the first time ever, a judge is- But samples taken at downstream Social Work Intern Sarah Mathis drew a good grade in his class,” he recalled. ers. The program is scheduled to go into effect by cost cannot increase but could decrease over time. Stout was often called as an expert Neuse River locations by the N.C. Dept. a connection between the problems re- “When I look at a mountaintop re- sued an injunction against a mountain- mid-March and gives renters and those with shady Dominion describes the pilot program as witness in court cases surrounding “It was about how well you understood of Environmental Quality and Duke En- lated to coal ash storage and Hurricane moval site, valley fills,” he said, “I just top removal operation, halting one of rooftops access to solar. “community solar,” though it differs from traditional watershed impairment. Attorney Joe what was going on, and how you could ergy revealed heavy metal levels within Florence to projections of future storms look at that as a place on Earth, whose the largest ever proposed mountaintop Subscribing to the program will cost custom- community solar in that consumers do not have an Lovett recalled working with him dur- solve problems to fix crises that people state water quality standards. made more severe by climate change. value was among the best of all places removal operations, Spruce Mine No. 1. ers an additional 2 cents per kilowatt-hour, even ownership stake in the solar farm and its output, were going through.” Similar discrepencies were re- “We must plan for the reality of ing a landmark mountaintop removal though the utility’s analysis shows that solar is the nor is the solar necessarily located nearby.— By on Earth, diminished to among the least Necessary mining approval for Spruce ported regarding coal ash in the Cape tomorrow and examine locations based coal mining case in the late 1990s. The Keeny remembers his professor cheapest source of new electricity generation. The Molly Moore of all places on Earth.” 1 has been hung up in court ever since. Fear River. On Oct. 3, the Waterkeeper on a larger floodplain mapping stan- centerpiece of the case was the impacts of would jump at any chance to work with Stout spent a large part of his career “The courts have this fiction that Association released lab results from dard,” Mathis said. “The end of storing surface mining and resulting valley fill- a community in crisis, and that he’d al- studying impacts of surface mining on experts are somehow neutral, like ma- water sampled in the Cape Fear River ash in open pits beside our rivers must States Seek Mine-Related Debts from WV Governor ing practices on surrounding aquatic life. ways take students along with him. For watersheds and nearby communities. He chines. And Ben refused to play along on Sept. 21 that show arsenic levels be now.” In Virginia, the Department of Mines, Minerals companies’ failure to abide by a 2014 agreement During the trial, on a snowy Febru- Keeny, that meant getting involved dur- 71 times higher than the state drinking and Energy is seeking to enforce coal mine recla- to reclaim mined land. The agreement holds frequently monitored waters surround- with that,” Lovett said. He said Stout’s The N.C. DEQ is accepting public ary day, Stout guided the federal judge ing a major chemical spill in Charleston water standard. The results showed comments on the rule until Oct. 15. mation rules at two inactive surface mines in Wise Jim Justice and his son, Jay Justice, personally ing slurry impoundments — ponds outspoken nature would sometimes through a stream slated to be buried, and in 2014 that left 300,000 people without elevated levels of other heavy metals, County owned by the governor of West Virginia, Jim financially responsible, according to the Lexington built to hold coal mining waste. As create problems for him. He said, nev- with some of the waterkeepers’ samples Federal Coal Ash Rules Stout did what he loved most: he waded water for days. Justice. A&G Coal Company and Baden Reclama- Herald Leader. coal companies complied with rules to ertheless, he admired Stout’s integrity. varying widely. tion Company have failed to meet mine reclamation Also in August, Justice announced that his through the stream finding insects. Stout’s expertise in water testing Judged Too Weak limit pollution from power plants, Stout “Ben, not only as an expert, but as The following day, the N.C. DEQ On Aug. 21, the U.S. Court of deadlines, so regulators are seeking the company’s companies had resolved their tax debts in West “I think the judge appreciated that and innovative problem solving proved found more of those pollutants instead a human being and somebody com- released lab resuts from Sept. 22 and Appeals for the D.C. circuit ruled that bond funds to put toward mine cleanup. A hearing Virginia. But, according to reporting collaborative because he was a fisher, and those insects, to be a valuable contribution. He was wound up in the ponds. In the film, Stout mitted to protecting the natural world, several later dates showing heavy metal the 2015 Obama-era rule governing was scheduled for Oct. 18. The Ohio Valley ReSource, Justice-owned coal mayflies and so forth [were the] very hired by a law firm that brought a class levels within legal limits, with the excep- explained that contaminants in the air really taught all of us how to be good the disposal of coal ash does not go On Aug. 24, the state of Kentucky asked a companies still owe back taxes in Kentucky, Ten- action suit over the spill. Because hu- tion of copper, which was also found judge to levy a $2.99 million fine for Justice coal nessee and Virginia. — By Molly Moore advocates and reminded us why we do far enough in protecting the health of man health studies can take decades to in high levels upstream of the Sutton communities and the environment. The what we do,” Lovett said. fracking facility and the nearest amount of toxic wastewater gen- provide conclusive results, Stout and power plant. And Duke Energy reported court held that the rule is insufficient to Focusing on the Sun occupied building should be a erated by the process increased The Community Keeny turned to insect indicator spe- that its river water samples from Sept. protect against leaks from unlined or Danville, Va., recently approved quarter of a mile, which is more by as much as 1440 percent. 18 to 21 showed that the ash’s impact poorly lined storage pits and should two new solar projects to re- Advocate cies in streams. They conducted toxicity than twice the distance cur- on water quality was negligible. not have exempted coal ash ponds place a power supply contract tests to gauge the potential health effects rently required by most states. Tax Breaks for Coal Stout spoke confidently with judg- Avner Vengosh, a water quality at closed power plants from the 2015 that will expire in 2021. The of MCHM. Exposure to even very low As the state’s Public Em- es, lawyers and politicians, but he could scientist at Duke University, told news regulations. solar projects were the most Frack Water Impacts ployees Insurance Agency con- concentrations of the chemical MCHM outlets that those involved should be The federal court decision follows affordable option due in part also talk just as easily with anyone else. While the number of new frack- siders an increase in the taxes turned out to be fatal for the insects. sampling river-bottom sediment for the U.S. Environmental Protection to federal tax credits available Stout’s friend and colleague at ing wells in the United States charged to extractive industries “And I believe that information, more reliable measurements, since high Agency’s July release of new coal ash to the solar providers. Jesuit, Mary Ellen Cassidy, worked decreased, the amount of water to generate revenue, the West floods can dilute contaminants. rules that are weaker than the Obama with him for years studying impacts that ended up being used in the class used by each well has increased Virginia Coal Association is In South Carolina, a feared coal administration’s rules. The finding casts Too Close to Home of slurry impoundments on well water action lawsuit and years later, they’ve by 770 percent between 2011 asking for the 5 percent in taxes ash spill was avoided when the Wac- increased doubt over the legality of the A new study published in the finally settled that suit,” Keeny said. and 2016, according to an Au- the industry currently pays to of residents in southern West Virginia. camaw River crested at 21.2 feet, just Trump administration’s new, less strin- peer-reviewed journal PLOS “And I think people are starting to get gust study published in Science be reduced to 2 percent. — By “We would end up sitting down at below the 22-foot dam surrounding gent version. — By Molly Moore One concludes that the mini- u Advances. Simultaneously, the Elizabeth E. Payne [rural residents’] tables and talking just a little bit of justice.” Santee Cooper’s 200,000-ton coal ash mum safe distance between a

Page 24 October / November 2018 The Appalachian Voice The Appalachian Voice October / November 2018 Page 25 entral and Southern Appalachia are in a state of profound transition. The Inside Appalachian Voices Expanding Our Vision challenges of our fast-changing economy and shifting energy landscape are Cespecially pronounced in places most impacted by coal’s legacy and decline, and for Appalachian Voices is committed to protecting the land, air and water of the central and southern Appalachian region. Our mission is to empower Member Tribute Honoring a Forest Champion & Deepening Our Impact those threatened by fracked gas drilling, pipelines and power plants. But these same people to defend our region’s rich natural and cultural heritage by providing Dean Whitworth places may yet reject extractive and polluting industries in favor of clean energy and them with tools and strategies for successful grassroots campaigns. A message from our staff and board enterprises that build local wealth, foster community health and defend Appalachia’s By Molly Moore tention in full character as President unsurpassed natural heritage. Teddy Roosevelt. Organizational Staff “I got out of the bus Even in these tumultuous times, Appalachian Voices is gaining traction at the Acting was Dean’s other great Executive Director ...... Tom Cormons and walked to the brow of local, state and federal level. In spring 2018, our staff and board began a strategic passion, and he incorporated it into Deputy Executive Director ...... Kate Boyle the hill where the garage Appalachian planning process to refine our work and grow our impact over the next three years. We his conservation work whenever he OPERATIONS & DEVELOPMENT now stands. I looked at the invite you to join us as we expand our efforts and pursue our vision of a future with could. He appeared in nearly 40 films, Voices Director of Philanthropy ...... Susan Kruse cabin, listened to the branch, a healthy environment and strong local economies that allow communities to thrive. breathed the cool, moist air, and derived great joy in working Controller ...... Maya Viknius with the Johnson County Commu- Operations Manager ...... Shay Boyd sweet with the scent of ma- nity Theatre. His high school drama Build Economic and Clean Energy Alternatives from the Ground Up Director of Strategic Advancement ...... Brian Sewell ture forest, and realized this teacher had nurtured his interest in Development Coordinator ...... Leigh Kirchner it, I’m home.” Appalachian Voices is bringing partnerships will bring community- and chian communities to decision-makers acting, and he delighted in sharing Operations and Outreach Associate ...... Meredith Shelton That’s how Dean Whit- together local governments, colleges, industrial-scale solar energy projects in state capitals and Washington, D.C., worth described the 1985 that knowledge with others. entrepreneurs and engaged citizens and training programs to the region and pursuing more than a billion addi- PROGRAMS “I think you were blessed if you in traditional coal mining communities and open the door to solar growth by tional dollars in federal investments to day when he first visited Director of Programs ...... Matt Wasson saw him in any production or the- to advance initiatives that build local advancing needed changes to utility restore and repurpose coal-impacted the land in Johnson County, Senior Legislative Representative ...... Thom Kay ater,” says Catherine. wealth through ecologically sound en- regulations. lands and foster sustainable businesses. Tenn., that became his home terprises. In the years ahead, these local We are also connecting Appala- Central Appalachian Program Manager ...... Erin Savage “He always used that Central Appalachian Field Coordinator ...... Willie Dodson until his passing due to can- Photos by Dennis Shekinah acting talent to protect Central Appalachian Environmental Scientist ...... Matt Hepler cer on Sept. 1, 2018. his good waters and North Carolina Program Manager ...... Amy Adams According to his life partner stewardship,” says the waters of our state Advance Utility Reforms that Favor Clean Energy and Public Interest North Carolina Field Coordinator ...... Ridge Graham Catherine Murray, Dean often said, Catherine. “It was and the country.” In our region, massive, investor- members who are the true owners of the To that end, we are standing with Virginia Program Manager ...... Peter Anderson “the best water in the world is on of a great interest For three years, owned utility corporations exercise cooperatives. This imbalance of power communities burdened by rising energy Virginia Field Organizer ...... Lara Mack Morgan Branch,” speaking of the to both of us to Dean shared his ex- inordinate control over state govern- favors centralized, fossil fuel-based costs and opposing utilities’ plans to Energy Savings Program Manager ...... Rory McIlmoil creek that flowed beside his restored protect our water ments, bending energy policy decisions generation of electricity and creates sink billions of dollars into investments tensive record collec- N.C. Energy Savings Outreach Coordinator ...... Lauren Essick 200-year-old cabin. He was deeply and so we became to benefit their own shareholders at enormous barriers to environmentally that offer little public benefit. And we’re tion on a red-eye radio Tenn. Energy Savings Outreach Coordinator ...... Brianna Knisley committed to protecting Morgan fast friends.” public expense. Even many rural electric responsible energy policies that serve working to secure state-level policies show called All Vinyl New Economy Program Manager ...... Adam Wells Branch, and by extension the forests, The couple cooperatives, which were created to the public interest. We are committed to that prioritize energy efficiency and drive All Night on WMMT Southwest Virginia Solar VISTA ...... Austin Counts mountains and waters of Appalachia. was involved in benefit the communities they serve, lack righting the economic and environmental significant growth in resources like resi- Community Radio. It transparency and accountability to their wrongs this system creates. dential and commercial solar. COMMUNICATIONS & TECHNOLOGY Dean met Catherine at a Sierra the formation of was also another “way Director of Communications ...... Cat McCue Club meeting in 1992. They were the nonprofit orga- of putting in a word for Senior Communications Coordinator ...... Jamie Goodman both separately motivated to seek nization Cherokee water,” Catherine says. Editorial Communications Coordinator ...... Molly Moore out ways to protect water quality and Forest Voices in 1999, with Catherine Prevent New Investments in Fossil Fuels She and Dean often walked his boondoggles, we aim to curtail this Graphic Communications Coordinator ...... Jimmy Davidson encouraged to get involved by the at the helm and Dean as treasurer. Energy giants are pursuing a mas- consequences for thousands of water- wave of gas pipeline development. We land in the morning, drinking a first Communications Associate ...... Kevin Ridder late Arthur Smith, an advocate with Catherine still leads the grassroots sive expansion of fracked gas pipelines ways, public and privately owned land, will grow the vocal, regional movement cup of coffee on the cabin porch and IT Specialist ...... Jeff Deal the Sierra Club and later a distributor organization, which focuses on for- and other infrastructure in the Southeast. vulnerable communities and the climate opposing new gas infrastructure by a second on the porch of the “garden INTERNS of The Appalachian Voice. estry and water quality. This is designed to generate big profits would be devastating. deploying grassroots power, data-driven house,” one of several outbuildings at the public’s expense, cement our By continuing to stand with and arguments and legal challenges, and Operations and Outreach Assistant...... Caelann Wood “Through the leadership of Dean, a former chemical engi- Dean built with reclaimed barn addiction to fossil fuels and prolong an help coordinate widespread citizen channelling widespread opposition to Operations and Outreach Assistant...... Ellie Coleman Arthur and others in the group we neer, expressed his care for the region wood. It was there that he would exploitative utility business model. The resistance to these multi-billion dollar effectively resist future projects. N.C. Energy Savings Outreach Assistant...... Alyssa Moore learned the process of making com- in a number of ways. From 2002 to often share another of his sayings: N.C. Energy Savings & Editorial Assistant ...... Kennedy Kavanaugh ments, being involved and good 2009, he was a board member of Ap- “The mountain is good medicine.” N.C. Social Work Intern...... Sarah Mathis palachian Voices, the publisher of Now, Dean’s daughter and his Communications Assistant...... Caroline Noel this newspaper. For years afterward Fight Coal’s Ongoing Impacts and Address Legacy Costs Appalachian Voices grandsons will steward his moun- Communications Assistant...... Rachel Bellerose he volunteered to distribute The While market forces continue to push as the Trump administration works to dis- and increase enforcement of laws that tainside, including his well-cared-for Editorial Assistant...... Eric Halvarson Appalachian Voice around Mountain Central Appalachian coal toward the eco- mantle rules that protect streams, drinking have so far survived President Trump’s BUSINESS LEAGUE cabin, the meadow he mowed for City, Tenn., and Johnson County, nomic margins, regional advocates must water supplies and the health of people anti-regulatory crusade. We are also dem- stargazing and fireworks, and his Board of Directors New & Renewing Members delivering a whopping 5,000 to 7,000 remain vigilant to defeat new mountaintop living nearby. onstrating the urgent need to reform mine beloved Morgan Branch. removal mine permits and hold mine op- Appalachian Voices will defeat efforts bonding systems to protect taxpayers and Chair ...... Kim Gilliam August / September 2018 copies of each issue. erators accountable for the environmental to prop up the coal industry while working the environment, laying the groundwork for Vice-Chair ...... Dot Griffith Dean was a member and trea- Secretary ...... Bunk Spann Allen Wealth Management Appalachian Voices is inspired by and human toll of extraction — especially to fight new mountaintop removal permits progress as soon as Trump leaves office. Treasurer ...... Christopher Scotton surer of the Watauga Watershed Boone, N.C. Dean’s legacy and grateful for his ser- Members-At-Large Alliance, a close-knit group working Stick Boy Bread Company vice to the organization and the region. Clara Bingham Pallavi Podapati to protect area waterways. Boone, N.C. Appalachian communities are on the front lines of America’s energy transition. Our success at David Hairston Tracey Wright He also served on the executive We send our sincerest condolences to Annual Membership Meeting Pat Holmes Tom Cormons (Ex-officio) The Pedalin’ Pig his family and friends. A celebration of advancing these complementary objectives will put us on the path to a clean energy economy Peggy Mathews Boone, N.C. committee of the Tennessee Chapter Join us for our annual membership meeting on Advisory Council of the Sierra Club. Representing the life will be held Oct. 13 beginning at 5 with justice for citizens impacted by extraction and pollution. Appalachian Voices’ mission, Dec. 13 to hear more and discuss the work ahead. Timothy L. Warner, Inc. Jonathan C. Allen Van Jones Sierra Club, he and Catherine trav- p.m. at R&D Campground in Mountain credibility and innovative approach are vital in this moment. Our ambitious plans reflect our Gatherings will be held at our offices in Boone, Jessica Barba Brown Landra Lewis Asheville, N.C. City, Tenn. Call (423) 534-4804 for de- N.C., Charlottesville, Va., Norton, Va., and Knoxville, Alfred Glover J. Haskell Murray eled to 12 public hearings on the institutional knowledge, our record of success and the belief that committed individuals will Randy Hayes Rick Phelps To join our Business League, visit 2001 National Forest Roadless Rule tails. Memorials can be sent to Cherokee Tenn. Visit appvoices.org/membership-meeting Silas House Kathy Selvage AppVoices.org or call 877-APP-VOICE join us in the pursuit of our vision. Christina Howe Brenda Sigmon — with Dean garnering media at- Forest Voices at cherokeeforestvoices.org Stand with us today at appvoices.org/join The Appalachian Voice October / November 2018 Page 27 The Appalachian Voice Non-Profit Organization 589 West King Street US Postage Paid Boone, N.C. 28607 Permit No. 294 appalachianvoices.org Boone, NC

Heather Donaldson Cormons captured this beautiful juxtaposition of “Maple Leaf with Lichen,” a finalist in the 15th Annual Appalachian Mountain Photography Contest, when she was on an autumn hike along Dripping Rock Trail in Virginia. Photographers of all levels are invited to enter their best shots of Appalachia into the 16th Annual Appalachian Mountain Photo Competition. Submissions will be accepted through November 16. To enter visit appmtnphotocomp.org.

JOIN NOW! Name ______Protect our natural heritage Address ______City ______and build a cleaner future State ______Zip ______Phone ______Email ______

❑ Please mail each issue of The Appalachian Voice (min. $25) Our energy decisions have consequences, as people whose health ❑ Do not mail The Voice / I prefer to read it online. and homes are threatened by fracked-gas pipelines, fracking wells and mountaintop removal coal mines understand all too well. ❍ $35 ❍ $250 The choices we make today can exacerbate these harms, or foster ❍ $50 ❍ $500 an Appalachia with clean air and water, healthy communities and just, ❍ $100 ❍ Other $______sustainable economies. ❍ Make me a Mountain Protector monthly donor at $______/month ($10 minimum) Appalachian Voices is committed to defending our region’s natural Membership Level

heritage and ensuring that our communities reap the benefits of clean MC/VISA # ______energy. Stand with us and become a member today. ______Read about our vision on page 27. Expiration date ______Security Code______Signature ______

Mail this completed form to: 589 West King St., Boone, NC 28607 AppVoices.org/join AppalachianVoices 10/18