Winds of Change Celebrating 25 Years of Organized Voices and Empowered Communities March 2012 March E Huntington, WV OVEC www.ohvec.org Victory: Lawsuit Forces Selenium Pollution Cleanup For the past year, In a 2010 legal order every time OVEC resolving a separate organizer Maria Gunnoe action we brought against has driven up her long Patriot, a federal judge driveway, she’s looked ordered the company to to the mountaintop treat selenium at four above her home with a outlets. The company worried heart. Back in has estimated the cost 2008, an OVEC lawsuit of treatment at just those led by Joe Lovett of the four outlets to be nearly Appalachian Mountain $100 million. Advocates resulted in The January the Callisto mountaintop settlement requires removal mine directly Patriot to install above her home shutting treatment technology, on down. But, more recently, This mine, above Maria Gunnoe’s home, won’t be getting any bigger. a set schedule, to bring the company, which is selenium discharges to owned by Patriot Coal, applied to renew its surface- legal levels. In addition, the company will pay penalties mine permit for the Callisto mine. of $7.5 million, with the vast majority of those funds As a part of a selenium lawsuit settlement, Patriot going to the West Virginia Land Trust, to help with its agreed to drop plans to mine the 8.5 million tons of coal mission of preserving land in southern West Virginia. there, and Maria is resting easier these days. Patriot will be subject to significant additional penalties In January, OVEC, West Virginia Highlands for any violations that occur after the compliance date Conservancy and the Sierra Club settled the biggest for each source of pollution. selenium lawsuit we’ve ever filed. Thanks to our Our groups have already successfully used litigation lawyers, Joe Lovett and Derek Teaney with the to force selenium treatment at mountaintop removal Appalachian Mountain Advocates, Patriot Coal will be mines owned by Massey, Arch Coal and Alpha Natural required to spend hundreds of millions of dollars to treat Resources. illegal selenium pollution at three of the company’s In previous cases, we’ve successfully sued the West major mountaintop removal mines in West Virginia: Virginia Department of Environmental Protection to the Hobet 21 complex along the Lincoln-Boone County continued on page 4 border, the Samples mine complex near Cabin Creek (on Larry Gibson’s Kayford Mountain) and the Ruffner mine in Logan County. The deal requires approval by Inside This Winds of Change Celebrating 25 Years ...... page 3 the U.S. Federal District Court in Huntington before it Gov. Pulls a Bait and Switch ...... page 6 takes effect. SSP Calls Out DEP ...... page 12 The settlement requires that Patriot and its A Cleaner, Cheaper Energy Future ...... page 17 subsidiaries treat selenium at 43 water-pollution outlets, D.C.’s Calling ...... page 19 including some previously thought to be untreatable. 1 West Virginia’s Glass of Water Half Empty In 2012, We Celebrate 25 Years of Organizing Voices An op-ed by WVU-Tech professor John David, originally published in the February 8 edition of The Charleston Gazette In addition to coal and gas, West Virginia possesses and lead combined with a vast volume of water used and Empowering Communities another extremely valuable resource: water. In fact, the in fracking may assist tourism and postpone the day of state owns the water in all streams and rivers within the reckoning, but eventually it aggravates the problem of state as well as several rivers, such as the Ohio, that water contamination caused by various chemicals and border the state. household wastes. We have all been taught that water is essential for In Dimock Township, Pa., The Associated Press life, although less than 1 percent of the Earth's water is reports that the Environmental Protection Agency is available for us to use. delivering water where Cabot Gas “has been accused of The demand for water for other purposes is escalating. tainting homeowners’ wells with methane and possible Most people take water for granted until there’s not hazardous chemicals.” Furthermore, according to the enough. Disasters such as earthquakes and floods draw EPA, nearly half of lakes and reservoirs nationwide attention to destroyed aquifers and polluted water contain fish with potentially harmful levels of the toxic streams. Billions metal mercury. of gallons The Wall Street are needed to Journal notes clean coal and that livestock implement and poultry the hydraulic operations fracturing generate about process to force 500 million tons out natural gas of manure each — a process year, or about that is projected three times to increase the amount of For the past quarter century, our newsletters have significantly as human waste in OVEC Board of Directors & Staff chronicled the progress we’ve achieved and the pitfalls the use of natural the nation, with Board Members we’ve encountered as we work together for a better Chuck Nelson, Chair Marty Amerikaner, Vice Chair gas for electricity Blackwater Falls, Tucker County, West Virginia much of that Regina Hendrix, Secretary Judith Whitley, Treasurer future. Your participation has been central to all we rises to half of waste untreated Reverend Jeff Allen Danny Cook Crystal Good have achieved. the nation’s generating capacity. In Texas, according and deposited into public waterways. The runoff, which Ronda Harper Brandon Nida Karen Scalf Whether you are new to OVEC, or were once active to The Wall Street Journal, each well using hydraulic can contain E. coli and other bacteria, can threaten Dan Taylor on some of our earlier campaigns, we hope you will fracturing weekly requires enormous quantities of water human health. Full- and Part-Time Staff join us in 2012 to celebrate our 25 years of sparking Dianne Bady Janet Keating Vivian Stockman and companies are scrambling to lock up water supplies. There is also another possible issue with hydraulic Maryanne Graham Tonya Adkins Maria Gunnoe transformation in our area. Production for nearly everything consumed requires fracturing that relates to diversion of the water supply Carol Warren Robin Blakeman Andrew Munn Call the office at 304-522-0246 to join the 25th major water use as well. National Geographic even from existing aquifers. As noted by The Associated Community Wind Project Chris Shepherd anniversary planning team for our October 27 birthday notes that it takes 2,900 gallons of water to produce one Press, Ohio became the latest state to take action on the OVEC Webmaster Don Alexander bash — please save that date. pair of jeans. Meanwhile, as noted by Maureen McAvay link between seismic activity and wells used to dispose Winds of Change Editor Vivian Stockman Our first special event of the year is our annual Volunteer Editorial Assistant Deborah Griffith of the Urban Land Institute, the United States’ water of wastewater from oil and gas production after a All photos here by V. Stockman, unless otherwise noted. meeting, open only to members and guests of members footprint is huge — 656,000 gallons per person per year series of 4.0 magnitude earthquakes hit northern Ohio Graphics from assorted sources. who share our visions and values: compared to 186,000 gallons in China. The nation’s over the holidays. According to the report, “Arkansas Ohio Valley Environmental Coalition It’s a Victory Celebration and Dance! daily indoor per capita water use is 69.3 gallons. regulators last year declared a moratorium in injection P.O. Box 6753, Huntington, WV 25773 While wasteful use of water is a problem, a second wells in the vicinity of a series of earthquakes and in phone: 304-522-0246 fax: 304-522-4079 6 p.m. Saturday, April 21, 2011 issue is the contamination of our water supply. 2010 researchers at Southern Methodist University also www.ohvec.org Our water comes from surface runoff, abandoned found a link between injection wells in the Dallas-Fort To unsubscribe from WOC mailings or to receive WOC online only, at the Charleston Woman’s Club contact [email protected] with “WOC subscription” in the subject line. coal mines, and underground water that can be affected Worth area and nearby quakes.” A related concern has OVEC is a member of the WV Environmental Council, the Alliance for by conditions hundreds of miles away. Burying trash, been raised by earthquakes that recently have occurred Appalachia and The CLEAN, and is a 501(c)(3) non-profit organization Check your mailbox for an invitation, or contact registered with the U.S. Internal Revenue Service and the West Virginia Robin Blakeman at [email protected] or 304-522- slurries, CO2, and drilling fluids including human in Braxton County. Secretary of State. 0246 for more details. We encourage you to bring carcinogens such as methanol, benzene, sulfuric acid, continued on page 5 When you’re finished with this newsletter - PASS IT ON! friends and family who would appreciate our work. 2 3 Another Selenium Lawsuit: Alpha Pays $54 Million West Virginia’s Water Areas that provide public water, industrial discharge OVEC, WV Highlands Conservancy and Sierra rocks, the massive obliteration at mountaintop removal continued from page 2 A third issue is noted in a study by the U.S. Geological Club sued Massey Energy in federal court over repeated sites unleashes large quantities of the metal from the is permitted to enter waterways and streams, and stream selenium violations at three mountaintop removal rock where it would otherwise be sequestered. Survey. The alarming study identified pharmaceutical use permits are granted for a token fee to divert and mines. Alpha Natural Resources acquired the lawsuit Repeatedly, runoff from mountaintop removal drugs, including antibiotics, hormones, contraceptives, contaminate water. According to Public Justice, which when it bought Massey Energy last year. has been found to exceed permit levels for selenium and steroids in the drinking water supplies of some 40 has been working with WV Highlands Conservancy In December 2011, we settled the lawsuit when discharges and studies have shown selenium pollution million Americans and in 80 percent of the rivers and and the WV Rivers Coalition, the state has finally streams sampled. Alpha Natural Resources agreed to pay $50 million to problems for wildlife downstream. agreed to “comply with water quality standards at clean up selenium pollution at the Twilight and Red Ward wrote, “Coal lobbyists have tried The cost of water is about to explode as clean 169 abandoned coal mining sites, where acid mine Cedar operations in Boone County and its Kanawha unsuccessfully to weaken the state’s selenium limits, but water becomes scarcer. Since water is the base drainage continues to kill aquatic life downstream.” Division, on the Kanawha-Fayette County line. have persuaded the DEP to repeatedly delay compliance for many other drinks and various food products, Thus, it was not surprising that during the recent Alpha must also pay $450,000 in civil penalties deadlines for many operations.” scarce water supplies will have an expensive impact interim session, the Legislature was advised to increase to the U.S. Treasury and contribute $4 million to the Because DEP has been so willing to ignore the throughout the chain of consumer goods. Overall water the state’s scrutiny of water consumption by large- West Virginia Land Trust to help fund a WVU legal violations and bow to the coal industry’s wishes, we tables have fallen, increasing the cost of energy needed scale users such as power plants and industry, as other clinic, the Land Use and Sustainable Development continue to use these citizen lawsuits to put the brakes to pump the water. Reports also note that the quality neighboring states have done. Without question, tremendous strides have been Clinic. (See page 9 of the December 2011 WOC for on the toxic levels of selenium entering our waterways. of available water has declined, which increased the made to bring dependable, clean water to rural more information on the clinic.) If wildlife is being poisoned, humans, especially those cost of maintaining water quality. Judging from areas in West Virginia during the past 50 years. In a December 12, 2011 article, Charleston Gazette who eat locally caught fish, are in danger, too. weather patterns and the increased improper Water is “an essential” and one of the primary journalist Ken Ward Jr. noted that the settlement is disposal of toxics and garbage, present costs components in our right to “life, liberty, and “the latest success by lawyers from the Appalachian are likely the tip of the iceberg. Pollution kills. the pursuit of happiness.” Yet, like clean air, Mountain Advocates in forcing major coal producers to It’s no surprise that major financiers DEP shouldn’t deal with selenium pollution. Previously, environmental are beginning to invest in water, primarily clean and dependable water may become let coal through Exchange Traded Funds (ETFs). financially unaffordable for those who rely on groups worked out a selenium settlement with Arch companies get Coal and won a favorable ruling that requires Patriot Kevin Bannon, chief investment officer at minimum wage or part-time work. Furthermore, away with Highmount Capital, which manages $1.8 billion bad water breeds disease, thereby contributing to Coal to install new treatment systems for selenium.” polluting. from high net-worth individuals, recently noted in The permanent health problems and hurting the physical Humans need small amounts of selenium to be But, they do. Wall Street Journal that “we are big fans of water as a development of people destined to become the work healthy. Higher amounts of selenium can be toxic. So, we sue. force and citizenry of tomorrow. Such conditions While selenium occurs naturally in some soils and long-term theme — water’s day will come.” West Virginia does not treat its water supply with are hardly conducive to economic development and Lawsuit Forces Selenium Pollution Cleanup adequate oversight. For example, mountaintop mines building a new economy. It is time to realize that the are permitted on top of Source Water Protection glass of water in West Virginia is half empty. continued from page 1 to enforce the pollution violations.) force the agency to set selenium limits at mountaintop We hope that coal companies and the banks that Work Smarter for the Water — And the People removal mines where the agency failed to follow the finance mountaintop removal will decide that it is What more can we do to Facilitation 101 Clean Water Act in issuing water pollution permits. simply not economical to do MTR coal mining in protect not only West Virginia’s Conference-Call We’ve watched in frustration as the DEP repeatedly selenium-bearing rock strata — which means much of water, but also the land, the Facilitation gave the operators extensions on the amount of time southern West Virginia. air and the communities that Power and Direct Action they had to meet those limits. We’re frequently asked why OVEC or any of depend on them? One thing is (theory discussion) We’ve sued companies only to have the DEP file the other groups bringing selenium lawsuits do not to learn more about effective Student Organizing for legal action against those same companies in an effort financially benefit from the large legal settlements. ways to bring about the social Students to protect the companies from real enforcement. DEP Under the citizen suit provisions that we use to bring and political change we need. Anti-Oppression 101 doesn’t follow up with its enforcement actions, but enforcement actions, we are not allowed to profit from To that end, OVEC Anti-Patriarchy/Anti- rather, the agency gives companies more time to illegally any litigation that we bring — our reward is knowing organizer Andrew Munn offers Sexist Male Ally pollute the waters of the United States. (According to that the hard work of our dedicated attorneys brings these trainings: Discussion (how men can federal law, citizens cannot sue companies for pollution cleaner water to West Virginia, and hopefully makes Organizing 101 (overview see and modify patriarchal if a government agency is proceeding with legal action future mountaintop removal less likely. of power, relationships, behaviors) If anything, this settlement will create jobs. The millions upon millions of dollars spent treating this pollution, after all, one-on-ones) Coal Sludge is No Good will be flowing into some company’s (or several companies’) bottom line. People will be paid to design the treatment Organizing: One-on-ones/Listening projects Contact Munn at [email protected] or 304- systems and workers will be needed to put the treatment systems in place. 924-1506 for more information or to schedule a — Dan Radmacher, with Appalachian Mountain Advocates, posting on Ken Ward Jr.’s Coal Tattoo blog Non-Violent Direct Action (skills for “soft” [no locks, chains or devices] actions) training. 4 5 Marcellus Bait and Switch: Gov. Lets Industry Hijack Marcellus Shale Bill by Carol Warren SHALE SHOCKED organizations including the WV Surface Owners Rights It was a discouraging display of the interests of waivers for just about everything. The Legislature’s Select Committee on Marcellus Organization, WV Citizen Action, WV Environmental citizens being blatantly subjected to the desires of • DEP will study (by Dec. 2012), noise, light, Shale Drilling labored for months in 2011, preparing a Council, Sierra Club, and OVEC addressed the industry. The only exception was a good amendment VOCs (volatile organic compounds, many bill to regulate Marcellus Shale gas production. Once crowd. Not many members of the media attended, offered by Delegate John Frazier (D-Mercer), requiring highly toxic) and dust at sites, and can the bill was ready, people across the state concerned unfortunately, because they were all still in the DEP to formulate emergency rules for any drilling in recommend changes in setbacks based on those about the health impacts and pollution effects of Senate Judiciary meeting. Delegate Mike Manypenny karst areas, which passed. Two other helpful amendments instead of an arbitrary distance. This could be Marcellus Shale drilling and waste disposal urged (D-Taylor) spoke and inspired the crowd, stating that offered by Delegate Meshea Poore (D-Kanawha), the only air-quality study we will get for VOCs. Governor Tomblin to call a Special Session to take up he had eight amendments to offer in House Judiciary. dealing with training and reporting on the West Virginia Advocates have already approached DEP the bill, even though it was far from perfect. A Public Hearing called by the House began at 4:30 work force, were adopted, despite having not been in Secretary Randy Huffman to insist that these The governor did call a Special Session, which that afternoon. Independent Oil and Gas Association the legislation previously. studies be done by independent scientists. began on December 11, with employees were there in A few important provisions that citizens and • DEP required to propose emergency rules a brief floor session in each matching shirts, and had legislative allies were able to maintain in the bill, or for drilling in karst areas (provision had been Chamber, where a bill — not obviously been released from which were reinserted after they were removed from the reworded by the governor to say that DEP the Select Committee’s bill — work and bused in to attend the Select Committee bill by the governor’s staff: “may” propose such rules). was assigned to committees. hearing. The chair alternated • No burial of pit waste on-site unless landowner The bill quickly passed both chambers, passing Governor Tomblin substituted a pro and con speakers, as is agrees — the governor’s bill would have unanimously in the Senate. Delegate Manypenny greatly weakened bill prepared usually the case, and the last allowed on-site burial with DEP approval. Still courageously proposed To join OVEC’s work by his staff and gas industry four speakers were against not a strong enough provision, however, as a strike and insert on Marcellus Shale issues, “consultants.” One wonders the bill, meaning there were there are bound to be people who will be paid amendment on the floor contact Carol Warren at why the select committee more speakers against the by industry to allow burial, thus threatening the of the House to restore [email protected] process was bothered with West Virginia State Capitol and Grounds bill than for, despite industry entire watershed. the select committee or 304-522-0246. at all, since so little of the T-shirts. Some legislators later • Seven-day minimum notice for coming on bill, citing the months committee’s hard work was included in the final remarked they were glad to hear people talk about the property to survey, etc. (used to be three) of work of the committee and the inferiority of the product. Perhaps Governor Tomblin counted on the “governor’s bill.” They thought some of the members • Mineral and surface estates equal (gov.’s bill governor’s bill, but the attempt failed. There were five public to not realize that the committee’s effort, which were afraid not to pass the weakened bill because they "inadvertently" changed it back to mineral “no” votes in the House, no doubt for varying reasons: took into account the views and concerns of a wide felt they would be blamed by their constituents if they estate dominant) Delegates Manypenny, Troy Andes (R-Putnam), Mitch variety of stakeholders and months of citizen input, was didn’t. It was quite clear from the hearing that citizens • Criminal penalties for violations of act (gov.’s Carmichael (R- Jackson), Brian Savilla (R-Putnam) disregarded in favor of industry wishes. Perhaps that blamed the governor for not respecting the process and bill “inadvertently” left these out) and. Linda Phillips (D-Wyoming). Many other delegates was his plan all along. for hijacking the Select Committee bill. • Public notice of permit applications published expressed dissatisfaction with the legislation and the The Senate Judiciary Committee met the morning On December 13, after several delays, the House in newspaper — and 30-day comment period process. of December 12 for over four hours to review what Judiciary Committee met to consider the bill. This (provision had been removed). Comments will Much remains to be done to protect citizens and our some were calling the “governor’s bill.” Many of the meeting, which lasted six hours, was an extremely be viewable on DEP website being created for environment from the lasting effects of gas-production members, even some of those not generally friendly disturbing example of executive interference with Marcellus information. But, no public hearing operations. Our task now is to make certain the bill to environmental causes, asked many good questions. the legislative process. The governor’s staff was provision, which had been included in the select is viewed as only a first step and to begin advocating Unfortunately, they received few satisfactory answers prominently present and had obviously been very committee bill. immediately for increased environmental protections from DEP and the staff attorneys; often, there was no “directive” about the process. Nevertheless, committee • DEP to report annually the number of waivers and far greater rights for surface owners. It is not good reason for provisions in the bill, other than their members asked many excellent questions. Delegates granted — important because the bill allows unreasonable nor extreme to want drinkable water, being what industry wanted. Senator Clark Barnes Barbara Fleischauer (D-Monongalia) and Manypenny breathable air and non-poisonous soil. (R-Randolph) asked to hear from surface owners and the offered a number of very positive environmental Our ultimate goal is that shale fracking be View the bill at http://bit.ly/wJJg2s. WV Environmental Council, so Don Garvin and David amendments, including the re-insertion of a provision stopped. To this end, we work to expose the McMahon were given the opportunity to speak. Despite for DEP to request a public hearing based on comment many adverse impacts to human health and the Shale Gas and Greenhouse Gases the number and seriousness of the questions raised, the received. However, the committee was basically environment from shale gas drilling, transportation Natural gas companies want us to believe that their committee voted the bill out unanimously with only instructed by the Vice-chair Delegate Mark Hunt and disposal processes. fuel is more benign than coal in terms of greenhouse minor amendment after the marathon meeting. Then, (D-Kanawha) — no doubt under orders himself — not We believe that this knowledge will drive policies gases. But recent studies show otherwise. During natural later in the day Finance passed it — with no fiscal note. to vote for the amendments because they “did harm that ultimately move us towards safer and healthier gas production, methane, a far more potent greenhouse At noon that same day, environmental groups held a to the bill” and would be “detrimental to its passage.” energy production. Until we achieve a ban on gas than carbon dioxide, leaks or is flared into the press conference in the rotunda, attended by concerned It’s evident who thought the amendments detrimental, fracking, we will fight for the strongest possible atmosphere. Learn more: http://bit.ly/wQHxtA. citizens who had come to lobby. Representatives from cause only environmental provisions were “forbidden.” regulation and restrictions. 6 7 Books and Mountaintop Removal Films and Mountaintop Removal and You More Scholarly Books Burning to Change the Future The Last Mountain Comes to Cover Girls As regular readers Congratulations to Bryan McNeal, whose book of OVEC publications Marshall (and Your Town?) Combating Mountaintop Removal: New Directions in know, the award-winning On January 26, OVEC and Marshall University the Fight Against Big Coal is out now, published by documentary Burning Student Environmental Action Coalition co-hosted a the University of Illinois Press. Lorelie Scarbro, Freda the Future tells the story screening of The Last Mountain. Earthjustice donated Williams, Butch and Patty Sebok, Mary Miller and of Mingo County folks funds to help cover advertising and fees for showing Pauline Canterberry are among the many Coal River working with several the film in a college setting. Valley residents interviewed for the book. OVEC volunteers and About 60 people came out to watch the show, The scholarly books about the movement to end staff on ending coal slurry including OVEC membership committee member mountaintop removal aren’t all new. We wanted to injection and mountaintop Danny Cook and our organizer Maria Gunnoe. Almost remind you to read Bringing Down the Mountains: removal. everyone who watched the movie stayed afterwards to The Impact of Mountaintop Removal on Southern West Burning the Future discuss it, asking questions of Cook and Gunnoe. Many Virginia Communities by Dr. Shirley Stewart Burns, will be the centerpiece of a national integrated media understood why movie critic Roger Ebert named this published in 2007 by West Virginia University Press. and engagement campaign in 2012 to raise awareness movie as one of his top-10 documentary picks of 2011. The book’s cover features Cover Boy and Keeper of the A valley fill above OVEC organizer Maria Gunnoe’s about the negative impact of coal and build greater Audience members discussed the need Mountains Larry Gibson. home is featured on the cover of Mountains of Injustice: public support for clean, renewable sources of energy. for people everywhere to write letters about “Burns brings together history, politics, economics, Social and Environmental Justice in Appalachia, edited The campaign will include: the travesties of mountaintop removal to sociology, ecology, biology, by Michele Morrone and Geoffrey L. Buckley. • The National Public Television premiere of elected officials and to local news outlets. and interviews with The book was published in late 2011 by Ohio Burning the Future in April, 2012; See the OVEC website at www.ohvec.org/LTEs for coalfield residents with University Press/Swallow Press, which in August • A community screening campaign withinvolving assistance in writing letters-to-the-editor. an efficacy and efficiency this year will publish Standing Our Ground: groups like OVEC, Sierra Club and Public Citizen; I have seen in no other Now You Can Get Down to Dirty Women, Environmental Justice, and the Fight to End • A diverse media campaign to support these efforts Mountaintop Removal, by Joyce M. Barry. The cover book about the subject,” (web, print, mobile, and social network) including Business of Barry’s book features Gunnoe and the late Judy says Ann Pancake, author Care2.com, Matter Network, Alternet. You can help shine a bright, solar-powered light on Bonds, who was the director of Coal River Mountain of Strange as This Weather the atrocities of coal mining and the myth of “clean” Watch. OVEC staffer Vivian Stockman snapped the Has Been, an excellent Take Action to Raise Awareness coal by hosting a screening of Dirty Business: “Clean photographs used on both books’ covers. novel about MTR, which Host a screenings of these documentaries in your Coal” and the Battle For Our Energy Future. See Both books include a look at our work to end we highly recommend home. Help organize a showing in your community. dirtybusinessthefilm.com/. mountaintop removal. that you read. We are so proud that both Burns Contact Robin Blakeman at 304-522-0246 or and Pancake are OVEC [email protected]. Birds Get the Blues, Too members. Cover shot by Mark Schmerling. We have copies of the DVDs we can loan for free OVEC members and supporters may want to check screenings in community settings. These films are Enter the titles of any of these books into an Internet also available via Netflix. out Cerulean Blues: A Personal Search for a Vanishing search engine to learn more and to discover many more Songbird by nature writer Katie Fallon, which was books not listed here. But, order the books locally! released late in 2011 by Ruka Press. Climate of Change Fallon takes readers on a journey across two MTR and Novels continents, from the mountains of Appalachia to a OVEC member Mark Itkonen’s December 2011 Climate of Change premiered at the Tribeca Film actress Tilda Swinton, the film also honors the work of coffee plantation in troubled Bogotá, Colombia, and novel, Coal County, mentions OVEC. Festival last year. The documentary features OVEC West Virginia citizens struggling against encroaching shows how the plight of an imperiled songbird weighing Dan Cook of Hurricane, W.Va. (a.k.a. Daneagle staffer Maria Gunnoe, Keeper of the Mountain Larry coal mines, a West African man educating youngsters less than an ounce is vitally linked to the health and Concinero) wrote Two Five (and the Penis Dialogues). Gibson and the late Judy Bonds, who was director of about global warming, and many others.” well-being of many other creatures, including humans. The dust jacket includes an image of an OVEC bumper Coal River Mountain Watch. A companion book to the film, titled Trailblazers: Fallon, an OVEC member, teaches creative writing sticker. Netflix writes, “In this inspiring documentary, Personal Narratives of 11 Human Rights Defenders, at WVU. Learn more at www.katiefallon.com. Contact Another novel by a local with mountaintop removal director Brian Hill profiles grassroots activists around is in the works. Gunnoe’s story will be among those an OVEC staff member if you want to help organize an in its story line is Charleston lawyer Tom White’s the world who are acting locally to save Earth’s featured, alongside tales from East Turkestan, Burma, event where we invite Fallon to speak about her book novel Chasing Dragons. White is a volunteer pilot for environment, including a spirited group of teens in India India, Chechnya, Western Sahara, Liberia, South Africa, and travels. SouthWings. crusading against the use of plastic bags. Narrated by Ecuador, Venezuela and Nunavut (Canada). 8 9 we have a great established space. It is not often that Dual Actions for Blair Mountain an event or protest leaves something as permanent and constructive as this community center and museum. So, we have this unusual and special space in the heart of the mountaintop removal fight and within this amazingly rich history. I would like for everyone to be Battle able to use this community center for meetings, retreats, strategy sessions, trainings and other purposes. I know it’s out of the way, but it’s also free. We have a stove, a for Blair refrigerator, plenty of space for meetings, couches and even a ping-pong table. If you’d like to use this space, Mountain let me know so I can schedule you. Or if you want to Photo by Jorge Aros. just come in and play some bluegrass music (we do a lot of that here), drop by. On February 17, folks converged on the Huntington headquarters of Natural Resource Partners (NRP). NRP Joe Stanley, at podium, and Brandon Nida, with “SHPO Mission” sign were among My hope is that this community center/museum can many Friends of Blair Mountain during a November 2011 press conference. Continues leases land to coal companies, including Arch Coal, which draw upon the heritage of Blair Mountain, where many has Blair Mountain in its crosshairs. We came out to let NRP Press Conference Highlights Past, Future Vision An Update from Friends of Blair Mountain different people came together in common struggle. know we want Blair Mountain and its history protected. On November 1, 2011, the Friends of Blair By Brandon Nida, Executive Director, Friends of It would be good to see some workshops held here, On the same day, Brandon Nida and others from West Mountain (FBM) held a press conference on the State Blair Mountain and OVEC board member dealing with some issues that have been neglected in our Virginia were in St. Louis, Missouri. They joined Washington Capitol grounds. They presented a petition with 26,000 As the new year begins, I am at Blair at the movement, such as those of race and building bridges to University students outside Arch Coal’s headquarters to signatures in support of preserving Blair Mountain Community Center and Museum — a place we all communities of color; issues of patriarchy, oppression, demand that Arch abandon its plan to strip our history on Blair Mountain. Battlefield to the State Historic Preservation Office created when we participated in the March On Blair and gender; and how to create a more sustainable social (SHPO). The group also presented a proposal titled Mountain last summer. and living situation for younger volunteers. I’d like to “Blair Mountain Historic Park,” which details how best We should be proud, because, in a way, our see some real solidarity and movement-building, and to preserve the historic site, where more than 10,000 “occupation” in Blair came many months before the why not here, in the shadow of Blair Mountain? striking miners faced anti-union forces. one on Wall Street. It wouldn’t have happened without Contact Brandon Nida at 304-369-9800 to set up a “The largest labor battle in U.S. history took place the help of many people: volunteers from OVEC workshop, use the center or brainstorm ideas. on Blair Mountain back in 1921. We need to preserve worked tirelessly, and Katie Lauer from The Alliance it, develop it and promote the economy,” said FBM for Appalachia and Andrew Munn (now with OVEC) Executive Director Brandon Nida, an OVEC board gave their hearts and souls to it. The Radical Action for YES! I want OVEC to receive 5% member and a doctoral student in archaeology at the Mountain Peoples’ Survival (RAMPS) crew stepped of my purchases from Kroger! Photo courtesy of WU Green Action. University of California-Berkeley. up and contributed their rare and specific knowledge Please enroll me in the EAT FOR Kroger? Coal companies want to mountaintop-removal mine and experience in a big way, and the volunteers at Coal OVEC Kroger gift card program. the Logan County battlefield, which is peppered with River Mountain Watch put in countless hours. Bev May Donating to OVEC via your Kroger gift card costs Name bullet casings and other archaeological evidence of the from Kentuckians for the Commonwealth seemed to ______you nothing. Obtain your gift card from OVEC by conflict, the largest civil conflict besides the Civil War. always be working, along with Robin Blakeman from sending in $5. The card comes back to you, loaded with Address ______Mountaintop removal would obliterate the site. OVEC. And those are just a few of the many people and that $5. Next time you shop at a Kroger, stop by the help desk, add whatever amount you like, and then use your Retired coal miner Joe Stanley noted that SHPO is groups that came together to make the march happen. City______State ______Zip ______supposed to protect historic structures, objects and sites. Since then, Eliot Grace and Dustin Steele have been gift card to buy groceries, gas and pharmaceuticals. You “We don’t only want to preserve something. We want working to get everything set up here in Blair, and now Phone ______pay nothing extra, but Kroger donates five percent of the amount you put on the card to OVEC. (Any 501(c)(3) to build something. We will have a museum, motels, If you work for a living, if you get unemployment, E-mail ______group can apply to Kroger to set up a gift card program.) restaurants, cultural events, shows and guided tours.” if you have minimum wage or better, paid vacation, Nida said a new venture, Coal Country Tours, brings Since we started the program in 2008, we’ve raised or health insurance, you owe it to those folks who My $5 check is enclosed (please write Kroger Gift a total of $31,278. In 2011, the total was $8,836. between $8,000 and $10,000 to the local economy stood their ground on Blair Mountain. every night one of its buses stops at the Blair Mountain Card on the memo line). Send me a Kroger gift card These are general support funds, funds that allow us — Barbara Rasmussen, president of Friends with a $5 balance so OVEC can start benefitting from Battlefield. to be flexible and respond to unexpected strategic of Blair Mountain in “Mountaintop Rescue,” an my purchases today. Make checks payable to OVEC. “They are planning 12 tours next year,” Nida said. opportunities. Thanks to Carey Lea, who first suggested article by Samir Patel in the Jan. – Feb. 2012 issue Mail with this coupon to: OVEC, P.O. Box 6753, OVEC enroll in the program. “We have already had hundreds of visitors coming into of Archeology, a publication of the Archeological Huntington, WV 25773. the museum we have already developed in Blair.” For more info, contact Maryanne Graham at Institute of America. See http://bit.ly/vQGrkn. 304-522-0246 or [email protected]. 10 11 accounted for in the DEP’s one-time sampling method. SSP Responds to DEP’s Study Additionally, the DEP’s own study claims that, “water quality within the study area is highly variable” due to of Well Water in Prenter local geology. This means that over the spatial extent By Mat Louis Rosenberg and Delta Merner, SSP it ignores significant medical research into the health of the study area the quality of water is likely to have Residents, community activists and independent effects of the iron, manganese, total dissolved solids a wide range. To declare someone’s water safe on the scientists are outraged at the conclusions presented in the and hydrogen sulfide gas found in people’s homes. This basis of a single test with such a small sample size is West Virginia Division of Environmental Protection’s study cites generic works on groundwater hydrology, poor science, at best. recently released study on well water contamination in including a paper studying a largely flat region in Delta Merner addresses the crowd The report completely dismisses the serious health at the January 17 SSP press conference. Prenter, W.Va. northwestern Pennsylvania from 1963, and does little problems throughout the community and downplays Despite overwhelming evidence documenting to understand site-specific groundwater flow dynamics. the impacts of findings of contaminated water. People SSP Press Conference Details Water contaminated water in numerous homes and reports Their slim list of 19 references is mostly composed of in Prenter report: their water running red (from Contamination Evidence Emerging from independent scientists showing toxic levels of textbooks, fact sheets and generic papers covering large extremely high concentrations of iron) and black (from from Prenter Lawsuit heavy metals, the DEP has declared Prenter’s water regions. high concentrations of manganese); overpowering The Sludge Safety Project held its annual conclusively safe to drink. This study, which has serious The report also suffers from serious logic flaws, smells of hydrogen sulfide gas; extreme staining Legislative Kickoff on January 17 at the State Capitol. implications for Prenter’s residents, has displayed the worst of which concerns sulfates and “rotten egg” on their appliances, clothing and bodies; corrosion Folks came out for lobbying and media trainings. They a blatant disregard for accuracy, used inappropriate odors. It accurately points out that the odors are caused of appliances; and quite serious health problems enthusiastically prepped to lobby the Legislature for a methods and a shown lack of regard for the health and by bacteria that convert sulfates into hydrogen sulfide throughout the community. Common sense tells us ban on coal slurry injection, as SSP did in 2011. wellbeing of West Virginia’s residents. Additionally, to produce energy. The authors then express surprise that none of these things are normal, especially given After the trainings, SSP held a press conference its findings are contrary that the water tested low that independent scientists have already confirmed the to release new scientific reports. The reports state to those of independent for sulfates in homes where community’s concerns about their water. The question definitively that coal slurry migrated from injection scientists, who have residents reported strong that DEP should have tried to answer is not, “Is the sites into residential wells in Prenter, W. Va. , raising the concluded that the water odors, and they conclude water contaminated?” but, instead, “When, how and by amount of arsenic and other heavy metals to dangerous in the Prenter area is not that these homes are not whom was the water contaminated?” The residents of levels. Find the reports on SSP’s redesigned website: only contaminated, but mining-impacted due to Prenter and the people of West Virginia deserve better. www.sludgesafety.org. that the mining activity low sulfates. However, it Sadly, this is the quality of work we have come to The studies arose from a lawsuit more than 200 of Massey Energy, now is clear that these bacteria expect from the DEP. When given a mandate by the Prenter residents filed against Massey Energy (now Alpha Natural Resources, grow explosively and State Legislature in 2007 to study coal slurry injection, Alpha Natural Resources) for contaminating their well has directly led to the produce plenty of sulfide how it migrates underground and its effects on surface water by underground slurry injection. contamination of drinking only when there’s a lot of water, groundwater and public health, they could give At the press conference, Prenter resident Jennifer water in Prenter. sulfate for them to “eat.” no meaningful answer to any of those questions after Hall-Massey spoke about how the contamination has The DEP study This flaw in analysis by three years of study. The only thing they could state impacted her community. Six of her neighbors were concluded that none of the the DEP suggests that they conclusively was that their regulation of the practice diagnosed with brain cancer, a disease affecting one residents in Prenter had Um, hello, DEP? Contaminated well water created this do not understand the basic was so inadequate that they had to declare an immediate in 7,000 Americans. Four have since died, including water tests that exceeded disgusting brew in a Prenter resident's toilet tank. biologic process occurring Photo by SSP moratorium on any new injection permits. Jennifer’s younger brother and an 11-year-old child. She the primary drinking water in this environment. Fortunately, we don’t have to rely solely on the DEP expressed gratitude that a municipal water line has standards, thus concluding This sloppy science on this issue. The U.S. EPA documented slurry injection reached some of the Prenter area, but pointed out that that the drinking water was safe. This, however, was begs the question, what else did the DEP miss, mislabel contaminating water supplies back in 1984. A host of there is currently no funding to complete the water line. found to be inaccurate. The DEP failed to notice a high or ignore altogether? independent experts have thoroughly documented 50 to 75 families remain without safe drinking water. lead result in their own data and completely excluded The problems with this study are rooted in slurry injection contaminating the wells in the Rawl She called on legislators to learn the lessons of the the finding from their analysis. This flawed analysis was inappropriate methods. The DEP’s findings are based on area of Mingo County, W.Va. Recently disclosed reports Prenter community and ban slurry injection. not an isolated occurrence. The DEP erroneously stated a one-time testing of only 33 wells in a community with from Dr. Yorem Eckstein of Kent State University and Other speakers included the Reverend Jim Lewis; maximum beryllium standards, leading to inaccurate hundreds of households, covering over 35,000 acres. Dr. Scott Simonton of Marshall University both confirm Laura Merner, Ph.D. candidate in hydrology and SSP conclusions about contamination levels of water This is problematic for two reasons. First, there is a slurry contamination of wells in Prenter. Even the DEP volunteer; and SSP coordinator Mat Louis Rosenberg. samples from valley fills and raw slurry. Additionally, highly variable nature of groundwater in West Virginia. documented at least two cases of slurry contamination Days later, the DEP released its highly flawed study the study misnamed an area-community as “Nolan” Families have documented that their well water runs of wells in the 1990s. of the Prenter well water. See story at left. instead of Nelson. Errors like this only point to larger black or red one day and clear the next. If water entering We don’t need any more studies, especially studies Sludge Safety Project is co-led by OVEC, Coal problems with the report. a home is toxic even a few days of the year, it can still of the quality of this one. There’s more than enough River Mountain Watch and concerned citizens. We The report completely neglects to cite any medical have significant implications for the family living there. evidence to invoke the precautionary principle and ban work for clean water and for community safety near literature backing up its claims of water safety, and The variability of groundwater in the region is not slurry injection. toxic coal waste injection sites and coal slurry dams. 12 13 New Study Confirms Long-Term Water Quality Damage From Mountaintop Removal Mining

Excerpted from a December 12, 2011 entry by Ken of multiple mines within a single At left: Photo taken discharge outlets exceeded levels known to be harmful Ward Jr. in his blog, Coal Tattoo catchment and provide evidence August, 2009, from to aquatic life, said Richard Di Giulio, professor of A major new study out today in one of the most that mines reclaimed nearly two a cemetery on Berry environmental toxicology at Duke. At the two sampling respected scientific journals around confirms the decades ago continue to contribute Branch Road (off Mud sites upstream of any mines, conductivity levels were River Road), in Lincoln within an acceptable range. Concentrations of selenium, pervasive and irreversible impacts of mountaintop significantly to water quality County, W.Va. This removal coal mining here in Appalachia. The study is degradation within this watershed. area is obliterated a known fish toxin, followed a similar trend, Di Giulio called “Cumulative impacts of mountaintop mining on To assess the cumulative impact of now; the homes are said. The researchers also observed deformities typical the more than 100 permitted discharge gone and the road of selenium exposure in fish collected from downstream outlets draining approximately 28 is closed and mostly waters. gone, too. Families The Duke team selected the Upper Mud watershed square kilometers of active and who want to get to reclaimed mountaintop coal mines in the cemetery, now for their field survey because water-quality impacts from the Upper Mud River watershed, the an island surrounded other potential sources are largely absent. Historically, Duke researchers collected 152 sets by MTR, have to get surface rather than underground mining has been the of samples from 23 sites — including permission from the dominant form of coal extraction in the Upper Mud’s two sites upstream of any active or coal company. This river basin, and there are very few people now living is yet another study reclaimed surface mines — between that proves what within the Hobet mine’s permitted boundary. This May and December, 2010. the people say is helped to minimize other factors that might account The researchers sampled for true: Cutting down for changes in water quality. electrical conductivity, a measure the forests, blowing Past studies have shown that individual mines of salinity and for concentrations of up the mountains profoundly impact stream water quality, biological for thin seams of major ions and trace elements derived coal, then dumping community structure and ecosystem function Figure 4 from the Duke University study: Effects from coal or its matrix rock. gargantuan quantities immediately downstream of valley fills, but empirical of selenium toxicity on two species of fish. Upper The Upper Mud flows through of the “overburden” data on the cumulative impacts of multiple mining photo: One of two Lepomis sp. hybrids caught at sparsely populated sections of Boone into streams has operations on larger downstream rivers has been and Lincoln counties in southern long-term, poisonous lacking, Duke researcher Bernhardt noted. sampling site 7 showing cranial-facial deformities effects. typical of selenium toxicity. Lower photo: Female West Virginia as a headwater stream “Individual permitting decisions are typically made creek chub (Semolitus atromaculatus) from until reaching its impoundment in the without consideration of the extent of historic mining sampling site 10 with lordosis (abnormal curvature Mud River reservoir 25 kilometers impacts already occurring within a watershed. Our In this case we were really able to control for some of the spine) deformity typical of selenium toxicity. downstream. For about 10 kilometers, survey helps fill that gap,” Bernhardt said. the river passes through the Hobet 21 of those point sources or non-point sources. By the Read the entire blog entry and find a link to the an Appalachian watershed,” and it appears online today surface mining complex, which has been time you get to the downstream end of the permitted study at http://bit.ly/t8TFOR. boundaries, 50 percent of the upstream area has in the Early Edition of the Proceedings of the National active since the 1970s and is among the MTR has Academy of Sciences. largest in the Appalachian coalfields been mined, and there’s not a lot of housing driven The conclusion by Duke University researcher Ty region. anymore or people living in that watershed. Mud River Lindberg and colleagues, including Emily Bernhardt: All of the conductivity measurements communities — Duke researcher Ty Lindberg Our results demonstrate the cumulative impact that were taken downstream of mine to extinction. In the “Acknowledgments” section of the study, the researchers write, “We thank Anita Miller and family for their friendship and guidance.” Photos below, left to right: June 8, 2006 — Early stages of a valley fill behind the Miller’s family’s Mud River homeplace; the same place, one week later; the same place, three years later; the old homeplace, where Miller’s father, aunts and uncles grew up, decorated for Christmas in 2003, before the valley fill began; Miller’s childhood home as her family prepared to move in December 2003, driven away by mountaintop removal; Miller’s childhood home from the air in 2005.

14 15 For Safe, Healthy Energy We Need a A Cleaner, Cheaper Energy Future for West Virginia Renewable Energy Standard By Allen Johnson, co-founder of Christians for the Mountains In the 2012 State of the Union address, President Private insurance companies will not insure long- West Virginia is an energy battleground state. How do we get out of (or at least beyond) this Obama called for a national “Clean Energy Standard.” term safety at nuclear plants, so, according to federal For better and for worse, coal has shaped our state’s unproductive pattern? Rather than shift risks from A Clean Energy Standard (CES) would replace a law, taxpayers are liable for costs in the event of serious economy and politics. As the nation and world face private business to the public in order to force Renewable Energy Standard (RES), according to The accidents. It’s expected that private insurers would increasing consequences of greenhouse-gas-related construction of older and dying technologies (such as Clean, a project of the Civil Society Institute. Yet, the also refuse to insure CCS, so if CCS were pursued climate change, pollution-related health impairment, nuclear power and coal-fired power plants), we should RES is the precise policy that has helped many states in earnest, not only would taxpayers foot the bill for and ecosystem destruction, calls for the end of coal- be looking at which energy resources offer the least move their energy mixes to serious deployment of wind billions of dollars of CCS research and development, related power generation will mount. West Virginia design, construction, and operational risks to both the and solar energy. but also be responsible for long-term simply must face the fact that it cannot play all its public and private investors and that also can meet Unfortunately, West Virginia has no liability for leakages or other problems. marbles on coal, and step into the future of clean, electric energy demand reliably. renewable energy policy. But in 33 other But the industry executives would pocket affordable, efficient energy. A good place to start is the report our groups states, renewable energy standards require any profits (socializing the risks and Yet is such a future realistic? Must we rely upon released. It persuasively makes the case for phasing out utility companies to increase renewable privatizing the profits). coal to “keep the lights on” and keep West Virginians all coal-fired power and about 25 percent of the nuclear energy over time by a certain percentage A federal Clean Energy Standard could working? Must we fleet and phasing in each year and often include energy take federal funding away from tried-and- imperil our health aggressive energy efficiency investments as well. In fact, since 2004, 90% ready renewable energy technology development and and blight our state’s efficiency and of non-hydropower renewables built in the United States put it in the pockets of fossil fuel developers. natural wonder renewable energy have been in states with a renewable energy standard. It would slow the expansion of a real renewable through mountaintop investments to Even the supporters of a clean energy standard energy and energy efficient future. The real reason mining? Is there a replace that power acknowledge that renewable energy standards have behind the “clean” energy standard is to prop up the workable road map by 2050. reduced the cost of renewables, created jobs, begun to nuclear, coal and natural gas industries, now that wind that is not propped The report diversify the energy mix and have resulted in factories and solar are growing as never before in this country. up by interminable, compares status being built in the United States to produce parts and OVEC will be working with The Clean and The massive taxpayer quo trends (which supplies for wind and solar energy installations. And all Civil Society Institute to promote a national Renewable subsidies? it refers to as of this is at modest cost. So, why is there now an effort Energy Standard. A November 2011 poll commissioned The good news “Business As Usual” in the U.S. Senate to change from a renewable standard by the Civil Society Institute found that 77% of is that there is or BAU, for short) to a national Clean Energy Standard? Americans want the United States to be a leader in such a road map. with a “Transition Well, it turns out that the renewable energy standard wind, solar and energy efficiency technologies. Only The Ohio Valley Business as usual: A coal-fired power plant is costly in so many ways. Scenario” that maps leaves out some very politically powerful industries: 13% favor taxpayer-funded subsidies for coal-fired, Environmental out a much cleaner coal, nuclear and natural gas. And the “clean” nuclear and natural-gas fired power. Coalition, Coal River Mountain Watch, and Christians energy future by 2050. The Transition Scenario is designation for fossil fuel uses was created by the fossil For more information, see www.theclean.org. For for the Mountains joined with the Civil Society Institute superior to BAU in terms of cost, public health, water fuel and utility industries. copies of the detailed report used for this article, e-mail to release a major new report that outlines a realistic and usage, and carbon dioxide emission reductions. It also Under the proposed Clean Energy Standard, [email protected], or call 304-360-2072. affordable path to a cleaner and less expensive energy creates jobs. “clean” coal refers to coal-fired power plants that future. Yes, you read that right: A clean energy future The greatest savings achieved in the study is in the use carbon capture and sequestration, which is still Speaking of UnClean Energy… can be a more affordable energy future for West Virginia cost of generating electricity. Significant savings are not demonstrated to be economical or feasible. The The U.S. EPA is still sitting on the first-of-its-kind and the rest of the nation. achieved by not building new coal or nuclear plants Congressional Research Service, in a 2011 report, stated federal protections for coal ash ponds and landfills. A little background first: The United States and systematically phasing out all coal and a portion that, “Without an economic incentive… it is unlikely Over three years after the tragic spill of more than a always has been less than focused on market-driven of the nuclear fleet. This is done with off-the-shelf that carbon capture and sequestration (CCS) would be billion gallons of toxic coal ash across 300 acres in principles with respect to its energy policy. All levels of technologies and efficiency, and makes no assumptions deployed commercially.” Making CCS legally “clean” rural Tennessee, we still lack any federal safeguards to government have sought, for instance, to shift financial about as-yet-unreleased innovations currently in in federal statute would be a first step toward providing protect our drinking water, rivers and streams. and operational risks of nuclear and coal plants from research and development. this economic incentive (in other words, taxpayer While the EPA has said it will finalize the rule this private industry to the ratepayer and taxpayer. This The Transition Scenario also harbors other benefits funding). summer, we’ve seen no definitive commitment from also goes for oil and natural gas drilling. Although that would reduce cost and health risks to private The Congressional Research Service 2011 report EPA to set these safeguards in a timely manner. To renewables and energy efficiency technology have investors and the public. If implemented, the Transition also stated that, “Growth in U.S. nuclear power learn more, go to www.earthjustice.org/coalash for received some taxpayer and ratepayer largesse, they Scenario would reduce carbon dioxide (CO2) emissions generation is expected to be small without favorable the latest news on coal ash regulations, fact sheets, pale in comparison to the historical bias toward fossil in the electric sector by 81 percent. Under BAU they federal policies, such as … a Clean Energy Standard videos, images and more. fuels and nuclear power. continued on page 24 that includes nuclear energy.” 16 17 learn about a person’s thoughts, interests, emotions and Organizers’ Toolbox: Relationships motivations. D.C.’s Calling By Andrew Munn They are intentional and driven by both social and A Chance to Build Those Relationships Welcome to the second political motives. OVEC is a member group of The Alliance for “Organizers’ Toolbox” The intentionality of this practice may make it Appalachia, which has some big plans in 2012. column in Winds of Change. sound false, artificial or even manipulative, and, if Join OVEC and other Alliance member groups In this and upcoming done wrong, it can be. The important element here is for “DC Days” in, you guessed it, Washington, D.C. newsletters, I’ll write about transparency of purpose on behalf of the organizer and We spend 2-3 days lobbying for legislation that will why we organize and how the organizer’s willingness to take direction from the help end mountaintop removal and/or lobbying against we do it, with the aim of community they work in. Much of this begins with a legislation that would allow more MTR. We’ll likey supporting you in becoming one-on-one. head to D.C. in late April, July and September. a more active and confident A one-on-one is a purposeful conversation in The main event will be the June 2-6 End organizer. This is one organizer’s take on organizing, which you and another person mutually deepen your Mountaintop Removal Week in Washington. and I’d love to hear from others. Contact me via 304- understanding of one another. Every one-on-one is Politicians there need to hear from folks like you that 924-1506 or [email protected]. different, but they should all include the following our health, our water and our mountains matter. This The last time I opened the Organizers’ Toolbox, I elements: year, we need participants who are willing to not only talked about power: what it is and what forms it takes. We Intent — Be up front in sharing your intent, both meet with their Congresspeople and agency officials, talked about it in the abstract, introducing the definition your goals and what drives you. By sharing from your but also to stand up and take action to stop mountaintop of power as “the ability to act” and categorizing it into gut, you are both providing meaningful information to removal coal mining. Yup, a Day of Action to End four types: the other person and making it easier for them to do The diagram above is a helpful tool to use in thinking Mountaintop Removal will be part of this year’s End Power Within — The power we all innately possess the same. about it: All of those factors can be summarized in the Mountaintop Removal Week in Washington. Power To — When we give power to others, such Exploration — Much of the time in a one-on-one concept of self-interest. Shared self-interest is the glue Bird-dogs’ paradise! The 2012 election campaigns as in electing politicians is spent learning about one another through probing of an organizing relationship. Some of the relationships offer a chance to publicly ask candidates where they Power Over — The power a boss has over workers questions that reveal a person’s motives, perspectives developed in organizing turn into independent stand on mountaintop removal. Get involved with the or the government has over us and values. Ask open-ended questions, and listen to friendships, but let’s face it, not all of the relationships “bird-dogging” (trying to catch candidates at times Power With — The power we share as equals both the stories a person will tell you and why they we have with our comrades become friendships. Shared where you can ask them questions directly). We’ll have Organizers bring disenfranchised people together feel how they feel or do what they do. Here is where self-interest, our common cause, holds us together and chances to bird-dog at local district offices and political to better our conditions and build our power (power you find your common interests and goals. propels us into action. rallies, including the RNC and DNC conventions. with). To do this, an organizer must build and maintain Exchange — A one-on-one is an exchange of In the next “Organizers’ Toolbox,” I'll explore how To join in any of OVEC’s work with these Alliance relationships. In this Organizers’ Toolbox, I'll explore information and sometimes resources. You have relationships enable collective action and how collective activities, please contact OVEC staffer Robin Blakeman relationships, building them through one-on-ones, and something to offer them, whether it is assistance action strengthens relationships. at 304-522-0246 or [email protected]. self-interest, the glue of organizing relationships. navigating the DEP’s website or bringing them into Relationships are central to our lives, and the a powerful organization, and they have something to MLK Jr. March in Huntington process of building relationships is often automatic. offer you, such as valuable local knowledge and allying On January 17, several OVEC members joined the Without thinking about it, we have conversations and themselves with your cause. Huntington-Cabell Branch of the NAACP in the Martin participate in work and activities, and therefore grow Commitment — A successful one-on-one will Luther King, Jr. to understand the people around us more fully. In end with both parties having a clear understanding of Civil Rights March organizing, however, building relationships is the next steps and who will do them. Following in Huntington, W.Va. In 1965, more purposeful: relationship building is the through with these commitments is key to Dr. King and intentional practice of identifying common building and maintaining trust. others led a major interests or causes and establishing Schedule one-on-ones ahead of time civil rights march mutual trust and commitment in the and make ample time for them. Most through Alabama, pursuit of those interests or causes. organizing books say to allow 30 to 60 from Selma to An organizer develops relationships minutes, but in rural organizing, it might Montgomery. to reach a political goal and build be more appropriate to set aside 60 to Photo by Janet Keating The 2012 community, so the relationships an organizer 120 minutes. Although the conversations march in Pray for the dead and fight like cultivates are determined in part by the political are intentionally structured, they should feel Huntington symbolized the continued struggle for justice hell for the living. struggle. That is to say, the circumstances are natural and be given the flexibility to go in in the U.S. Following the march, participants gathered at not as happenstance as the friendships we fall unexpected directions. Marshall University’s Joan C. Edward Theatre to listen to a play about a fictional conversation between Dr. King and — Mary Harris “Mother” Jones into with co-workers, neighbors or classmates. Over the course of a one-on-one, you should Malcolm X. 18 19 Citizens Unite to Expose Citizens United Clean Elections: Supreme Court Pilot Project Update 2011 was a tough year. The West Virginia Supreme resolved prior to the beginning of the qualifying period and Corporate Money in Elections Court Public Campaign Financing Pilot Project, in September. In the Citizens United v. Federal the Court rally began outside the federal courthouse in enacted by the Legislature in 2010, has seen its share On January 6 this year, several clean elections Election Commission decision of Charleston — one of four rallies in West Virginia and of difficulties. In January 2011, advocates for the coalition members met with Secretary Tennant and four January 2010, the U.S. Supreme Court said that reining one of more than 300 events held nationwide that day program, which is to provide a public financing option members of her elections and legislative staff to talk in corporate spending related to elections in any way and the next. for the two Supreme Court seats about the future of the pilot project. harmed corporations’ free speech. Corporations have Rally organizer Haning said, “We do not want to be contested in 2012, narrowly All were in general agreement free speech because they are considered, incredibly, to to equivocate at all: many, if not all, of our society’s missed gaining additional funding that, between the demands of have the same rights under the Constitution as natural problems relate to corporate wealth and the power in a last-minute failure in Senate three “extraordinary” elections in persons. corporations have because of that wealth. They can run Finance Committee. We had hoped 2010 and 2011 and the uncertainty The high court’s decision opened the floodgates to our government using that wealth.” that a larger pool of funds for the caused by the McComish decision, unlimited corporate money in elections. OVEC’s Warren was one of several speakers who pilot project would give prospective the pilot project had truly not OVEC has recently been involved with an effort in candidates more certainty that there been able to proceed as planned. West Virginia to call attention to this troubling issue. would be adequate matching funds if Advocates asked the secretary to A group in Charleston organized by Barbara Frierson, they were substantially outspent by consider introducing legislation Hedda Haning, Marian Keyes and John Palmer worked non-participating opponents. in the 2012 Regular Session to fix to set up meetings with Congressional offices and to plan But, in June, the concept of the matching-fund provision and “Occupy the Court — Demonstration for Democracy” matching funds based on an opponent’s to extend the project to the next for January 20, one day before the second anniversary spending was ruled a violation of the judicial election cycle in 2016. The of the Supreme Court decision. opponent’s free speech in the Arizona McComish vs. pilot project is due to sunset at the end of 2012, and it OVEC staffer Carol Warren, who coordinates the Bennett case. That put a wrench in the West Virginia would be unfortunate for the project not to be given West Virginia Citizens for Clean Elections coalition, program that has yet to be addressed; the matching as fair a chance of success as possible. The secretary attended two of the Congressional meetings, held in OVEC’s Carol Warren addresses the crowd at the funds in the state’s pilot project are similarly structured. and her staff were supportive and agreed to request the the representatives’ Charleston offices. At the first, Occupy the Court Rally. West Virginia Citizens for Clean Elections immediately extension until 2016 immediately. They wished to wait Congresswoman Shelley Moore Capito’s staffer Mary provided Secretary of State Natalie Tennant’s staff with until the end of the filing period (end of January 2012) Elizabeth Eckerson said the congresswoman was very addressed the crowd of about 70 people. She and other draft legislation for a possible new plan that would allow to see if any candidate has qualified for the program in concerned about transparency in elections and had speakers warned that our democracy is ebbing away candidates to continue raising small contributions after 2012 before deciding what course to adopt with regard supported the McCain-Feingold from us in a sea of corporate money. It’s no wonder they qualify for the program. Those contributions would to a fix of the matching fund provisions. legislation. people feel disenfranchised and powerless to effect be matched by the Public Financing Fund at a ratio of Coalition members checked with House and Senate At the second meeting, positive change. 3:1, removing any comparison to opponent spending. allies and found no one opposed to the idea of an Senator Jay Rockefeller’s Delegate Mike Manypenny (D-Wayne) told The secretary of state’s staff tried unsuccessfully to extension, especially if requested by the secretary of staffers Jessica Tice and Greg the crowd that resolutions were introduced in both have the legislative fix included in the Call for one of state’s office, the agency in charge of the pilot project Buzzard, who attended the Chambers at the West Virginia Legislature that very the Special Sessions in 2011, hoping to have the matter oversight. Legislators recall that there were good reasons meeting by video conference day, calling for action to overturn the effects of Citizens Exposing Citizens United for the legislation establishing the project, including the from Washington D.C., noted United. Corporations are not people, and money is not fact that West Virginia received several black eyes due the senator was very disturbed speech. continued from page 20 to the conduct of certain Supreme Court justices. Public by the Citizens United ruling and Gary Zuckett, executive director of the West Virginia Communication Workers of America Local 2001, financing was one possible solution recommended by had been one of the very early Citizen Action Group (CAG), said, “Corporations Common Cause, People For the American Way, Public then-Governor Manchin’s Independent Commission on co-sponsors of the DISCLOSE should not enjoy the rights of flesh-and-blood citizens. Citizen and Free Speech For People. Judicial Reform. All the original reasons are still valid, Act. This legislation would They should not be able to spend money to influence Post-rallies, the Move To Amend coalition is and they favor giving the pilot project a fair shake. require much broader and more elections.” Zuckett said overall spending in the working to grow grassroots support for a constitutional Here’s to a better year in 2012. Mike Harman at specific disclosure of corporate 2012 election is expected to reach an all-time high amendment that clearly and unequivocally states that: the rally. Corporations dominate the political process through contributors to third-party ads, of $8 billion and that 9 out of 10 Americans believe 1) Rights recognized under the Constitution belong to political action committees (PACs), highly paid lobbyists etc. It was never brought to a corporations have too much power in D.C. Groups human beings only, and not to artificial legal entities and multi-million dollar contributions. Corporations vote because of a Republican filibuster. The senator that helped organize and support the rally in Charleston such as corporations or labor unions; and 2) Political negatively impact our everyday lives by lobbying to continues to support legislation that would bridle included OVEC, CAG, Seneca2, League of Women campaign spending is not a form of speech protected defeat policies meant to protect We the People and the corporate spending and force disclosure. Voters of West Virginia, AFL-CIO, Move to Amend, under the First Amendment. Learn more and get planet. So, movetoamend.org. Just hours after the second meeting, the Occupy continued on page 21 involved: movetoamend.org. 20 21 WV Council of Churches New Statement on MTR A Salute to Sparks’ Special Spark and Spirit Studies on Health Impacts of MTR Prompt Changes West Virginia Council of Churches Executive legislative hearings on The recent publication of The revised statement further Director Reverend Dennis Sparks retired from the the cemetery bill, and the troubling studies concerning likely reads, “Mountaintop mining is not position at the end of 2011. Many varied groups around effect of the presence of health impacts of mountaintop the only way to recover coal and to the state focused on social and economic justice issues, a row of clerical collars removal mining moved the West provide miners with jobs. The present OVEC among them, will miss his support and counsel. in the committee room Virginia Council of Churches to and future harm to our people — An ordained minister in the Christian Church, cannot be overestimated. revise its 2007 statement on this especially the health and well-being Disciples of Christ, Sparks also has a history as a Most recently, he has mining practice. of our children — and to our state’s community organizer. He has on several occasions come forward to support The addition to the statement, air and water are unacceptable, and brought Si Kahn, a well known organizer, to West groups working for adopted in December 2011, reads we urge the industry to immediately Virginia to present workshops and trainings for surface owner rights and Sparks. Photo source: Internet in part, “One study released in June begin to seek and implement community members. He’s sponsored anti-racism improved regulation of 2011 suggests a very significantly alternative models of production.” events and workshops in non-violent communication. Marcellus Shale gas drilling. It is no wonder that Dennis higher incidence of birth defects Faith in Action The original statement, issued He has arranged meetings between community groups Sparks received OVEC’s 2011 award for Outstanding among infants in areas where in September 2007, recognized the and public officials that the groups would have found Ally at the August Annual Meeting. We will miss him mountaintop removal is occurring, as opposed to areas damage to God’s creation and effects on people living difficult — if not impossible — to plan on their own. in his role with the West Virginia Council of Churches where there are other types of mining, or no mining. in nearby communities. While acknowledging that The Council of Churches was an early supporter and look forward to his continued friendship wherever These are children whose life potential may have surface mining is also a source of employment in these of OVEC’s clean elections work, and Sparks faithfully his new path leads. Best of luck, Dennis! been compromised in the womb, and who will require communities, the Council called upon the industry to attended coalition meetings. Even more important, he specialized care for the rest of their lives. This is a minimize the effects in whatever ways possible, and to was present at the Capitol, lobbying for the legislation Mother Warren tragedy for children and their families.” carefully and completely follow all related laws. and informing Governor Manchin how important public Congratulations to OVEC staffer Carol Warren “While we support responsible mining, we are also Reverend Brian O’Donnell, Co-Chair of the financing could be to the image of West Virginia’s whose responsibilities include serving as one of our called upon to support others living in our coalfield Council’s Peace and Justice Program Unit, encouraged Legislature and Supreme Court. faith-based liaisons to other groups. communities, whose well-being may be compromised,” the involvement of our state universities in moving He worked quite hard on the federal Wilderness In February, Warren was honored with West Virginia said Bishop William B. Grove, Co-Chair of the Council needed research forward. “We will soon have a new Bill, giving testimony in Washington, D.C. at the time Environmental Council’s highest award, the Mother of Churches’ Justice and Peace Program Unit. “We are School of Public Health at West Virginia University. We West Virginia’s potential wilderness areas were being Jones award. Congratulations too, to E-Council’s Leslee particularly concerned about possible negative health strongly support the new School’s investigation of the discussed. He stressed the importance of wild places McCarty, who was also awarded that honor this year. effects on our children, who are more vulnerable to human health impacts of both mining and gas drilling — places of natural beauty and quiet reflection — to OVEC Executive Director Janet Keating presented environmental toxins than adults. We have a moral practices. Healthy people are necessary for a healthy the human spirit. Warren’s award and DL Hamilton presented McCarty’s obligation to protect our children and their future.” economy.” The Council was also active from the beginning award. Warren and McCarty are cousins. with former OVEC staff member Patricia Feeney in Congratulations to Maya Nye who received the When you drink of clear water, must you foul the rest with your feet? Ezekiel 34:18 gaining legislator participation and faith community Linda Schnautz Courage award, presented by Pam participation in the Sludge Safety Project hearings. Nixon. As part of our prophetic witness, we take a stand against the injustice of mountaintop removal coal mining Sparks attended and led in prayer a number of hearings Congratulations to Kathy Cash for the Laura Forman and the devastating impacts it has on Creation and local communities’ health and livelihoods. at which affected persons told their stories, and he Grassroots Activist award, to Delegates Bonnie Brown Over the past 20 years, mountaintop removal mining has left thousands of communities in extreme poverty, encouraged other faith leaders to be present. and Mike Manypenny for the Chuck Chambers Service destroyed 14 million acres of forest and 2,000 miles of headwater streams, and leveled 501 mountains. In April 2007, Sparks arranged a trip for the award, and to Dale Hawkins for the Green Entrepreneur Mountaintop removal puts nearby communities at risk from: mudslides, flooding, loss of crops, and increased Council’s board to Kayford Mountain to hear from Larry award. You each make our world a better place! levels of birth defects, respiratory disease, and cancer. Gibson and to view the destruction visible from his — From a petition circulated by the Eco-Justice Program office of the National Council of Churches. homeplace. A number of judicatory heads participated Sign it: http://nccecojustice.org/energy/MTRPetition.php OVEC Works! in that trip, which may have been largely responsible for Thanks to everyone near and far for taking the board’s approval of the council’s statement on MTR action to end mountaintop removal, with According to a recent Unless MTR is ended now, the following September. (See story top, left). an extra special thanks to all the residents Learn more. Go to study, birth defects many more Appalachian He offered tireless support for cemetery protection of the southern mountain communities who ohvec.org and click on were significantly children will begin their legislation in 2010, coordinating with OVEC’s Carol speak out courageously. We hope you know “Health Study Articles higher in lives with disabilities that Warren in keeping the bill moving forward. On at least how much we appreciate you. OVEC works because of you! on the Effects of Coal mountaintop mining will compromise their two occasions, the bill would have been killed without Mining.” areas vs. non-mining potential and productivity Sparks and the Council’s intervention. Sparks assisted Thanks! areas. for the rest of their lives. in gaining attendees from the religious community at 22 23 Would You Order MTR and Fracking Activists Join Forces for a FOM License Plate? Mountain Justice Spring Break OVEC Members Invited to Attend Nonprofit groups meeting certain specifications can Excerpted from an article by Dave Cooper apply to the WV Division of Motor Vehicles (DMV) While combating dirty-fossil fuel energy we often for specialty license plates. The Appalachian Mountain find ourselves so intensely focused on one issue that we Advocates are asking partner groups to assess potential lose track of important developments in other related interest in a “Friends of the Mountains” license plate. fossil fuel campaigns. Success often seems to come If the DMV says we meet their eligibility from focus — for example, the historic campaign against requirements, we must secure funding for 250 special the Keystone XL tar sands pipeline has quickly vaulted license plates within six months. The funds should this issue into the national spotlight by maintaining be obtained from citizens who intend to purchase the an impressive, laser-like focus on opposition to the Cleaner Energy Future special license plates for their vehicle. The cost is $70 pipeline. per plate for your first registration. For 250 plates, the But if we aren’t careful, single-focus activists can continued from page 17 Larry Gibson and Julian Martin will lead tours, like total is $17,500; this amount must be paid before plate find themselves wearing blinders and inadvertently this one to Kayford Mountain, for MJSB 2012. rise 28 percent. There is also far less water use in the production will begin. After your first registration at the create problems in other campaigns. Transition Scenario. $70 level, the annual fee to register is $45 (everyone has Mountain Justice Spring Break (MJSB), March tree-sits, media skills with OVEC’s Vivian Stockman, Finally, the study estimates the creation of 310,000 to pay $30 for regular lines plates — the specialty plates 21-28 in northern West Virginia, seeks to build bridges fundraising, citizen air monitoring, and coal ash. full-time equivalent jobs in the first decade of the are an additional $15 annually.) No money from plate between the long-established anti-mountaintop removal The MJSB camp location is surrounded by drilling transition to a more sustainable energy sector. The sales will benefit the nonprofit; the plates will serve to (MTR) campaign in Appalachia and the newer, fast- sites. Fracking equipment and tanker trucks constantly manufacturing base would receive a much needed near raise awareness only. growing anti-fracking campaign. College students thunder along the main highway. term boost with investment in energy efficiency. Appalachian Mountain Advocates is willing to do and young people on their spring breaks from about a Environmental groups combating fossil fuels are There is something for everyone in this approach. the paperwork and get the ball rolling, but we need to dozen states will attend MJSB for a week of trainings, facing gigantic energy industries and a congress that is Some people will like the fact that net savings over 40 gauge interest. If you would pony up $70 in advance skill-sharings, workshops, documentary films, speakers deeply indebted to them for big campaign contributions. years are projected at a whopping $83 billion. That’s for this license plate, please e-mail [email protected] from the mountains and the hollows — learning about There are many difficult choices and difficult decisions. great news for consumers! Others will embrace the or leave a message at the OVEC office, 304-522-0246. Appalachian music and culture through bluegrass, folk No one has all the answers, but building stronger bridges notion that eliminating pollution from dirty coal-fired We’ll keep a list and see if we hit critical mass. and old-time music in the evenings. A special emphasis between the campaigns against coal and fracking — as power plants by 2050 will mean roughly 55,000 fewer at MJSB is connecting activists in the anti-MTR Mountain Justice Spring Break seeks to do — seems premature deaths over the next several decades. campaign with the “Fracktivists” in the anti-fracking like a good start. West Virginia is at a crossroads. Coal-based campaign. For info and to register, go to www.mjsb.org. “Business As Usual” will increasingly be out of phase Mountain Justice Spring Break will offer site tours with the rest of the nation, and we will lose critical to see mountaintop removal on Kayford Mountain Stay Connected! momentum toward the transition to a clean energy with Julian Martin of the West Virginia Highlands economy. Or West Virginia can line up to support clean Stay Informed by E-mail: Join OVEC’s Action Conservancy and Larry Gibson with Keepers of the Alert! e-mail list by going to www.ohvec.org energy, create new jobs and infrastructure, lower energy Mountains, and fracking sites in Wetzel County, W.Va. and clicking the “Action Alert” button. This is costs, and take a moral high ground for the future Ed Wade of the Wetzel County Action Group, plus tours not a discussion list, so you won’t be swamped generations who will inhabit this earth. We need to start of a coal slurry impoundment and a strip mine near with e-mails. focusing on the bigger issue of our clean energy future Morgantown, W.Va. and how we get there. It is the responsible path to take. MJSB participants will also hear from citizens who Stay Informed by Phone: Call the OVEC office It is the right thing to do. Recurring Donors Help Keep live close to coal-burning power plants, including Elisa at 304-522-0246 and ask to be put on our Call See the report at www.theclean.org. Young of Meigs County, Ohio, who has to deal with List. We’ll need your name and phone number. OVEC’s Work Going Don’t worry — we will only call to let you know air pollution and ground water contamination from If you agree that OVEC’s work is critical to about major events or actions. protecting West Virginia, please consider joining our multiple power plants with coal ash impoundments in recurring donors program. Go to www.ohvec.org and her county. Stay Informed Online: Visit www.ohvec.org click on the “Donate” button. Featured MJSB workshops include information frequently for updates. Check out our extensive Recurring donations help build OVEC’s and training sessions. Topics include anti-oppression, background information in the Issues section. We are on Facebook, too. Link up from www. sustainability and help us with our long-term planning, community grassroots and campus organizing with ohvec.org. since we can better estimate our members’ donations. OVEC’s Andrew Munn and others, listening projects, Remember, donations to OVEC are tax deductible. coal slurry impoundments, non-violent direct action, 24 25 What’s Not to Like? Energy Efficiency Measures Parties! Save Money and Mountains, Create Jobs Save These Dates by Molly McLaughlin, EEWV and Plan to Attend Electric rates across the country have increased with a goal of 22% savings by 2025; thus far, most dramatically in recent years, especially in West utilities are exceeding these targets. In 2010 and March 14: Energy Efficient West Virginia and OVEC April 21: OVEC’s Victory Celebration Dance on the Virginia. A typical Appalachian Power customer 2011, an estimated 1,700 jobs were created will co-host a public meeting at the downtown Hunting- eve of Earth Day. Members and their guests are invited who was paying $56 per month in 2007 is now because of these energy efficiency targets. In ton branch of the Cabell County Public Library, in the to join us at the Charleston Woman’s Club. Great con- paying $90 per month, an increase of nearly Pennsylvania, all but one utility exceeded the public meeting room on the third floor. Doors open at 6 versation, excellent food and dancing, with tunes spun 60%. Mon Power and Potomac Edison target of a 1% reduction over two years. The p.m.; meeting starts at 6:30. Snacks provided. by the DJ folks enjoyed so much at last year’s dance. customers have experienced rate increases of energy efficiency programs in Pennsylvania Call the office at 304-522-0246 to make reservations. over 30% in the past three years. created 4,000 new jobs and are expected to save March 21–28: Mountain Justice Spring Break 2012. Many homes in West Virginia, and across Pennsylvanians $2.3 billion over the lifetime of This Spring Break, avoid the hangovers — learn about October 27: OVEC turns 25 years old in 2012. Our big the nation, are drafty and lack insulation. the efficiency measures. and take action against the destructive effects of the celebration will take place Oct. 27 in Charleston, West Households in West Virginia consume 25% Utility companies have achieved these dirty life cycles of coal and natural gas. Stand in soli- Virginia at the Woman’s Club. darity with the communities in Virginia, West Virginia more electricity than the national average, and, savings by offering programs that help users and southwest Pennsylvania that are facing the ongoing As these dates approach, we’ll have more information according to Michelle Connor, director of Almost more easily take advantage of opportunities to save destruction of extreme extraction. For info: www.mjsb. in future newsletters and online. Heaven Habitat for Humanity, low-income families money through energy efficiency. This includes org. spend one-fourth of their income on utilities. offering rebates and subsidies on more energy Investing in energy efficiency not only saves people efficient lighting and appliances, funding low-income April: D.C. Days.* Join OVEC and the Alliance for money, as much as $40 per month according to Connor, weatherization and offering energy assessments for Appalachia in D.C. but it also decreases the demand for coal and is therefore users. a key puzzle piece in ending mountaintop removal coal Least Cost Planning legislation, which is also April 2: Save the date for a public action with Moun- mining. referred to as Integrated Resource Planning, would tain Justice and OVEC. Contact the OVEC office at According to the American Council for an require utility companies to determine the mix of 304-522-0246 for more info. “Oops, Sorry” Isn’t Good Energy-Efficient Economy, the United States can resources that will meet electricity demand at the lowest Enough on This One decrease projected 2050 energy consumption by cost and to provide this analysis to the Public Service May 19–25: Mountain Justice Summer Camp, Pipe- 40 to 60 percent by properly investing in energy Commission for review. For this analysis, utilities stem, W.Va. Kudos to attorney Jason Huber, a long-time OVEC efficiency. This would save consumers an average of evaluate the costs and risks of a range of options — supporter. Late last year, Huber filed an ethics complaint $400 billion per year (equivalent to about $2,600 per including traditional power plants, energy efficiency June 2–6: The Alliance for Appalachia's 2012 End against Crowell and Moring, the Washington, D.C. law year per household) and create a net increase of 1.9 and other alternate ways of meeting demand. More than Mountaintop Removal Week in Washington, complete firm that implied inbreeding was responsible for birth million jobs. There are many ways for states to invest half the states in the country require Least Cost Planning with a Day of Action.* defects in Appalachia. That insinuation came as part of in and promote energy efficiency, including adopting from their utilities. Often, the analyses show energy the firm’s attempt to refute a scientific study showing that more energy efficient building codes and requiring efficiency to be the lower-cost option. For example, July: D.C. Days.* mothers living near mountaintop removal operations have utility companies to invest in energy efficiency. investing in energy efficiency is less expensive than a far greater risk of bearing babies with birth defects than Energy Efficient West Virginia (EEWV), a group building a new power plant. September: D.C. Days.* do mothers living in non-mining areas. created to promote stronger energy efficiency policies Both bills EEWV proposed would help save West The D.C. Office of Bar Counsel could look into that protect residents from future rate increases, Virginia residents and businesses money on their utility September 8: Save the date! OVEC is organizing a Huber’s complaint. “It is not fair and it is misleading when proposed two energy efficiency related bills to the bills, create jobs, reduce the demand on coal and cut conference on the health impacts of fossil fuel energy, you attempt to mask the economic, epidemiological and State Legislature during the 2012 session — an Energy energy waste. West Virginia doesn’t want to be left to be held in Morgantown, West Virginia. environmental consequences of mountaintop removal by Efficiency Resource Standard and Least Cost Planning behind anymore — utility companies are required to degrading the Appalachian people through casting them (LCP) legislation. do Least Cost Planning and have Energy Efficiency *If you want more information on D.C. Days or the as inbred hillbillies,” Huber said. If the Office of Bar Counsel finds that the Crowell and The utilities in West Virginia — Appalachian Power, Resource Standards in other states, and West Virginia Week in Washington, contact OVEC staffer Robin Moring attorneys violated ethics rules, then they could be Mon Power and Potomac Edison — are subsidiaries should be no different. Blakeman at 304-522-0246 or [email protected]. reprimanded or possibly disbarred. of utilities that also operate in Ohio and Pennsylvania, To see how the bills EEWV fared during the 2012 Visit our “Events Calendar” page at www.ohvec.org The firm responded to Huber’s complaint in a written which both have Energy Efficiency Resource Standards. Legislative Session, go to the group’s website, www. often for more calendar updates. If you have events statement, which included this comment, “We regret that Ohio has set annual energy targets for their utilities eewv.org. you would like included on OVEC’s online calendar, e- Mr. Huber has chosen to revisit this issue long after we mail the event name, day, time and location to vivian@ withdrew the communication and apologized for any ohvec.org. We reserve the right to reject submissions. offense it may have caused in July.” 26 27 Ohio Valley Environmental Coalition P O Box 6753 NON-PROFIT ORG Huntington WV 25773-6753 U.S. POSTAGE PAID HUNTINGTON WV PERMIT NO 370

40 Years Ago: Remembering Buffalo Creek

Photos from the West Virginia Historical Archives. On the rainy, peaceful Saturday morning of February 26, 1972, coal slurry dams burst and sent a raging flood of water and sludge 30 feet high through the communities along Buffalo Creek in Logan County, West Virginia. One hundred twenty-five people died, more than one thousand were injured, and thousands were left homeless. Forty years has not abated the pain of families who lost loved ones to the churning black water; the scars from that day are indelible. Forty years later, coal slurry is still claiming lives. So, we pray for the dead and fight like hell for the living.

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