Winds of Change the newsletter of the June 2010 Ohio Valley Environmental Coalition E Huntington, WV www.ohvec.org Victory! Passing Stronger Cemetery Legislation by Robin Blakeman operations and other land-altering After at least three years of activities. trying to more effectively protect During our first three years cemeteries, we finally did it! This year, of work, four separate bills were at OVEC’s urging, citizens and introduced; none resulted in new members of the faith community joined legislation, but all increased elected forces in lobbying for the passage of officials’ awareness of the need to HB 4457, which improves cemetery protect cemeteries. protection throughout West Virginia. We built allies within faith Our efforts to protect community groups and other cemeteries were sparked by an organizations, such as genealogical increasing number of reports of societies and the WV Perpetual cemetery desecration and blocked Care Cemetery Board. Prominent access to family cemeteries. representatives from Catholic, Many of the access and Episcopalian, Methodist, Unitarian desecration complaints are related to and Presbyterian faith groups lent mountaintop removal operations, but support. For the past two years, there are statewide problems with the WV Council of Churches has protecting cemeteries from natural gas endorsed the need for improved cemetery protection Anderson “Devil Anse” legislation in its legislative Supreme Court Pilot Project Approved Hatfield’s grave is just one policy guide. of hundreds in WV by Carol Warren During the 2009 overshadowed by MTR Coalition partners of WV Citizens for Clean WV legislative interims, a Elections were very encouraged when Governor Manchin mining operations (center announced in his State of the State address that he planned background). continued on page 4 to offer legislation to establish a public financing pilot project for both Supreme Court seats to be filled in 2012. Please donate to the WV Council The proposal was a result of recommendations by of Churches Montcoal Mining continued on page 9 Disaster Fund to help the families of the 29 coal miners who died in Inside This Winds of Change the May 5 explosion at a Massey Mourning in the Mountains ....................page 2 Energy mine. Donate online: EPA May Veto Mine ....................page 3 WWW.WVCC.ORG, or mail a check to: Victory at Marsh Fork School! ....................page 14 WVCC, 2207 Washington St. E., Coal-to-Liquids Appealed ....................page 19 Charleston WV, 25311-2218. Groups Meet with OSM ....................page 21 1 Mourning in the Mountain State - Again This op-ed by Denise Giardina ran April 6, 2010, in owner of the Upper Big Branch mine. Massey has a the NEW YORK TIMES history of negligence, and Upper Big Branch has often People in West Virginia had hoped that on been cited in recent years for problems, including failure Monday night we would gather around televisions with to properly vent methane gas, which officials say might family and friends to watch our beloved Mountaineers have been the cause of Monday’s explosion. face Butler in our first chance at the men’s NCAA It seems we can’t escape our heritage. I grew basketball title since 1959. up in a coal camp in the southern part of the state. Every Men working evening shifts in the coal mines day my school bus drove past a sign posted by the local would get to listen thanks to radio coverage piped in coal company keeping tally, like a basketball scoreboard, from the surface. Expectations ran high; even President of “man hours” lost to accidents. From time to time Obama, surveying classmates whose fathers had been killed the Final Four, “I guarantee it: Massey’s already told or maimed would disappear, their families predicted West these guys, ‘Hey, don’t say nothin’. gone elsewhere to seek work. Virginia would win. You’re not talking to no reporters. We knew then, and know now, that we You’re not saying nothin’ about our Then, on are a national sacrifice area. We mine coal safety record – or you won’t have a Tuesday morning, job’ ” - Chuck Nelson, former Massey despite the danger to miners, the damage we would wake to miner and OVEC organizer to the environment and the monomaniacal triumphant headlines control of an industry that keeps economic in sports pages across the country. At last, we would diversity from flourishing here. We do it because America say, something good has happened to West Virginia. The says it needs the coal we provide. whole nation would see us in a new light. And we would West Virginians get little thanks in return. Our cry. miners have historically received little protection, and our Instead, halfway through Saturday night’s politicians remain subservient to Big Coal. Meanwhile, semifinal against Duke, our star forward, Da’Sean Butler, West Virginia is either ignored by the rest of the nation or tore a ligament in his knee, and the Mountaineers is the butt of jokes about ignorant hillbillies. crumbled. And on Monday evening, while Duke and Here in West Virginia we will forget our fleeting Butler played in what for us dream of basketball was now merely a game, “The bad thing here is that Massey owns (the glory and get about the West Virginians gathered Upper Big Branch) mine, and they’ve got a lot business of mourning. It of subsidiaries,” said Denny Tyler, an electrician around televisions to watch is, after all, something who has contracted with Massey and now we do very well. In the news of a coal mine runs endmtr.com. “If you get fired from one, disaster. you’re not working anywhere on Coal River … area around the Upper On Tuesday, the It’s a fear thing.” Big Branch, families of headline in the Charleston the dead will gather in Gazette read instead: Miners Dead, Missing in Raleigh churches and their neighbors will come to pray with them. Explosion. And we cried. They will go home, and the same neighbors will show up Despite the sunny skies and unseasonably warm bearing platters of fried chicken and potato salad and weather, the mood here in southern West Virginia is cakes. The funeral homes will be jammed, the mourners subdued. As of Tuesday afternoon, 25 men have been in their best suits and ties and Sunday dresses. confirmed dead, two are critically injured, and four are And perhaps this time President Obama and missing and presumed dead. Their fellow West Virginians Americans will pay attention, and notice West Virginia at work round the clock and risk their own lives to retrieve last. the bodies. Denise Giardina is one of West Virginia’s best known Already outrage is focused on Massey Energy, authors and an OVEC member. 2 EPA May Veto Largest MTR Mine; Environmental Justice Concerns Cited for First Time in Decision In October 2009, the Environmental Protection Agency (EPA) announced plans to veto the Clean Water Act (CWA) permit for the largest mountaintop removal mine in West Virginia, the Spruce No.1 Mine in Logan County. In his Coal Tattoo blog, journalist Ken Ward, Jr., noted, “Environmental groups have been fighting the Spruce Mine since 1998, when it was proposed as a 3,113-acre mine that would bury more than 10 miles of streams in the Pigeonroost Hollow area near Blair.” In 1998 the West Virginia Highlands Conservancy Active Spruce No. 1 Mine on the left, Pigeonroost and Blair residents and OVEC members James and Sibby Hollow on the right. Flyover courtesy SouthWings. Weekley and Carlos Gore (then an OVEC board member) filed the lawsuit that came to be known as Bragg v. vetoing the Spruce permit by issuing its “proposed Robertson. Subsequent years of litigating and organizing determination” to block the CWA permit issued for the have reduced the size of the permit and kept most of the Spruce No. 1 mine by the Army Corps of Engineers. mining from starting. Longtime members of OVEC may The Charleston Gazette reported that the EPA’s recall being asked numerous times to attend hearings or action continues a formal process – including a public comment on this permit comment period and a hearing – that could ultimately lead In March 2010, the EPA took the next step toward to a veto of the mine’s CWA permit, although the process See related story on page 7 could take a year or more. In its 46-page decision and accompanying 33-page technical document, the EPA detailed its concerns about OVEC Board of Directors & Staff the broad-ranging negative impacts of mountaintop removal, Board Members from the burial of streams and downstream pollution to the Marty Amerikaner Ronda Harper destruction of forests and studies linking living near mining Tom Boggs Regina Hendrix, Sec. Jeff Bosley, Chair Thomas Kincaid operations to premature death among Appalachian residents. Victoria Bosley, Treasurer Michael Morrison “And for the first time in a regulatory document, Dr. Rainey Duke Chuck Nelson the EPA cited ‘environmental justice’ concerns about Eric Fout Lee Weidner whether mining unfairly foists negative impacts on low- Larry Gibson Chris Worth income populations in the coalfields,” the Gazette Full- and Part-Time Staff reported. Dianne Bady Janet Keating Vivian Stockman The proposed determination states, “The mountains Maryanne Graham Tonya Adkins Maria Gunnoe being affected by Spruce No. 1 are considered a cultural Stephanie Tyree Carol Warren Robin Blakeman resource by many residents. The mountains influence residents’ daily lives and in many cases have helped define OVEC Webmaster Don Alexander Winds of Change Editors Vivian Stockman, Appalachian society. Removing them may have profound cultural changes on area residents, so it is important that Ohio Valley Environmental Coalition cultural impacts be considered as well.” P.O. Box 6753, Huntington, WV 25773 This is exactly what those of us working to end phone: (304) 522-0246 fax: (304) 522-4079 e-mail: [email protected] web page: www.ohvec.org mountaintop removal have been saying for years.