Volume 42, Number 5 May, 2009 And Now for OSM OFFICE OF SURFACE MINING READY TO PROTECT STREAMS–OR NOT By Cindy Rank Last month we were pleased to note that Environmental Protec- On the other hand neither Salazar’s official statement nor his tion Agency might be finding religion once again. The comments during the press conference offered any clear agency basically put on hold some pending 404 fill permits way forward or any concrete commitment about how OSM by writing letters to the Army Corps of Engineers saying that would enforce the 1983 rule if the court approved with- more had to be done, that science shows problems exist drawing the Bush rule. that may not be addressed by the proposed permits, and Joan Mulhern, senior legislative counsel for that EPA wanted to take a closer look. Earthjustice, listened to the press conference and had this On April 27, 2009 the Office of Surface Mining Rec- to say. “Secretary Salazar’s comments at the press con- lamation and Enforcement (OSM[RE]) appeared to find new ference lacked such a commitment; he made it sound as life as well when Department of the Interior (DOI) Secretary if this action would return the situation to the status quo Ken Salazar announced his intention to withdraw the Bush before the Bush 11th hour change to the stream buffer administration’s 11th hour Stream Buffer Zone Rule. zone rule. But the history of the stream buffer zone rule is —— Cause for celebration, right ? ….Or is it ? …. It that it hasn’t been enforced. Announcements are fine but glitters, but is it pure gold or just plain glitzy ?….Is this really the deeds need to match the words. This gets us nowhere renewal? — or merely a return to earlier days of non-enforcement ? if the stream buffer zone rule is not enforced to prohibit mountaintop Bottom line is we’re not quite sure. The official DOI statement removal and valley fills.” from the Secretary was at best vague. And later articles about and Salazar is also quoted as saying that “coal production would not quotes from the news conference only added to the confusion. be affected”. Furthermore Secretary Salazar said that “current coal op- On the one hand Salazar stated that the Bush Administration erations would not be affected” and was vague about future mining ac- rule is “legally defective” and “simply doesn’t pass muster” … ”with re- tivities. …. In West Virginia, strip mining - mostly mountaintop removal spect to adequately protecting water quality and stream habitat that (More on p. 4) communities rely on in coal country.” What’s Inside: Thoughts from President Hugh 2 Beth Little wins award 6 New wilderness areas 13 Roster of officers 2 Update from court 7 Celebrate wilderness 13 Maria Gunnoe wins prize 3 Get a history book 7 Readers write 14 Speakers available 3 CEDAR propaganda 8 Signing the Wilderness Act 15 Wind power in the George How to join 9 Fun stuff to go to 15 Washington National Forest 4 Get a Hiking Guide 9 Legislative wrap up 16 Saving the bats 4 Marcellus shale 10 Tree planting 5 A snake is born 11 Coffee, coal, and warblers 6 Outings 12 Visit us on the web at www.wvhighlands.org The Highlands Voice May 2009 p.2 From the Heart of the Highlands by Hugh Rogers Roster of Officers, Board Members and Committee Chairs BOARD OF DIRECTORS Changes of Mind PRESIDENT: Hugh Rogers, Moon Run, Kerens, WV 26276, (304)636-2662, [email protected] SENIOR VICE PRESIDENT: Buff Rodman, 32 Crystal Dr., Oakmont, PA 15139; (412) 828-8983; A recent survey showed West Virginians’ “stronger than ex- [email protected] pected” support for racial and cultural diversity, high-tech industry, and VICE PRESIDENT FOR STATE AFFAIRS: Julian Martin, 1525 Hampton Rd., Charleston, WV 25314,(304) 342-8989; [email protected] green energy policies. The survey was done for a nonprofit organiza- VICE PRESIDENT FOR FEDERAL AFFAIRS: Marilyn Shoenfeld, HC 70 Box 553, 23 Sands Springs tion, Create West Virginia, by Marshall University’s Center for Busi- Lane, Davis, WV 26260, (304) 866-3484, [email protected] ness and Economic Research. As reliable as any survey, I suppose: SECRETARY: John McFerrin, 114 Beckley Ave., Beckley, WV 25801, (304)252-8733, [email protected] rather than a firm foundation for specific policies, it indicates a grow- TREASURER: Bob Marshall, 886-Z Divide Ridge Road, Kenna WV 25248 (304)HC 64, Box 281, ing open-mindedness on these and other issues. Hillsboro, WV, 24946 (304) 653-4277 545-6817, [email protected] A long-time political figure here in Randolph County once told PAST PRESIDENT: Frank Young, Rt. 1, Box 108, Ripley, WV 25271, (304)372-3945, me that people who had moved here from somewhere else cared [email protected] more about what happened to the state than most of his fellow na- DIRECTORS-AT-LARGE (Terms expire October 2009) tives. Bob Henry Baber, 207 Howard St., Glenville, WV 26351, (304) 462-0320, Pretty strong words—and not words he would use in the Capi- [email protected] Dave Fouts, HC 80, Box 993, Maysville, WV 26833, (304) 749-8172, [email protected] tol or when he was out campaigning, although he did repeat them to Roger Forman 100 Capitol Street Suite 400, Charleston WV 25301, [email protected]; (304) 346- other come-heres. Local people would have been offended. People 6300 work (304) 389-4748 cell. Larry Thomas P.O. Box 194, Circleville, WV 26804, (304) 567-2602, [email protected] who had moved here would nod. Carter Zerbe, 16 Arlington Ct., Charleston, WV 25301, (304)343-3175; [email protected] But the first time I heard him say that was nearly twenty years ago. Attitudes are changing, and activists are just as likely to have DIRECTORS-AT-LARGE (Terms expire October 2008) Don Gasper, 4 Ritchie St., Buckhannon, WV 26201; (304)472-3704 descended from generations of West Virginians as to have arrived Bob Gates, Box 5130, Charleston, WV 25361 (304)342-2624; [email protected]. (or have parents who arrived) in the 1970’s. George Beetham, [email protected] Bill McNeel, 1118 Second Ave., Marlinton, WV 24954, (304)799-4369; [email protected] The survey offers some evidence of the change. More strik- Peter Shoenfeld, HC 70, Box 553, Davis, WV 26260, (304) 866-3484, (301) 642-2820; ing, though, is that this year, Maria Gunnoe became the second West [email protected] Virginian to have won the Goldman Environmental Prize. Especially ORGANIZATIONAL DIRECTORS in the fight against mountaintop removal, many native-born leaders NATIONAL SPELEOLOGICAL SOCIETY: Robert (Bob) Handley, HC 67 Box 508 Renick, WV, 24966 are showing the way. We’re all better off for that. 497-2266;[email protected] Maria Gunnoe knows in her bones what Simone Weil wrote PITTSBURGH CLIMBERS: Jean Rodman, 32 Crystal Dr., Oakmont, PA 15139, (412)828-8983; long ago: [email protected] BROOKS BIRD CLUB: Cindy Ellis, RR 1, Box 163, Red House, WV 25168 (304) 586-4135; [email protected] Human beings are so made that the ones who do the crushing MOUNTAINEER CHAPTER TROUT UNLIMITED:Bob Bittner, HC 61, Box 13, Sugar Grove WV feel nothing; it is the person crushed who feels what is happen- 26815(304) 358-3530 ing. Unless one has placed oneself on the side of the op- WEST VIRGINIA RIVERS COALITION: Don Garvin, P.O. Box 666, Buckhannon, WV 26201; (304) pressed, to feel with them, one cannot understand. 472-8716; [email protected] DOWNSTREAM ALLIANCE: Craig Mains, 137 Hoffman Ave., Morgantown WV 26505; [email protected] Simone Weil had in mind the poor and working class in her FRIENDS OF THE LITTLE KANAWHA: Cindy Rank, HC 78, Box 227, Rock Cave, WV 26234, native France. She wasn’t thinking about how the non-human world (304)924-5802; [email protected] also could be crushed by people who didn’t feel it. Since Weil’s death in 1943, there has been a huge change of mind in the population at COMMITTEE CHAIRS MINING COMMITTEE: Cindy Rank, HC 78, Box 227, Rock Cave, WV 26234, (304)924-5802; large: as our nation celebrated the thirty-ninth Earth Day, more people [email protected] than ever understood that air, water, land, and animals can be harmed PUBLIC LANDS MANAGEMENT COMMITTEE: Bob Marshall, 201 Virginia St.W., Charleston, WV 25302, (304)545-6817; [email protected] by human activities. While we argue about the trade-offs, we have LEGISLATIVE COMMITTEE: Frank Young, Rt. 1, Box 108, Ripley, WV 25271, (304)372-3945; gained the capacity, to a greater or lesser extent, to “think like a moun- [email protected] tain.” WIND ENERGY COMMITTEE: Peter Shoenfeld, HC 70, Box 553, Davis, WV 26260, (304) 866-3484, Yet we still find it difficult to think like another person. Maria’s (301) 642-2820; [email protected] ENDOWMENT FUND COMMITTEE: John McFerrin, 114 Beckley Ave., Beckley, WV 25801, (304)252- gift is her ability to overcome our resistance to understanding. Listen- 8733; [email protected] ing to her, we are compelled to identify with the victims of out-of-con- RIVERS COMMITTEE: vacant HIGHWAYS COMMITTEE: Hugh Rogers, Moon Run, Kerens, WV 26276, (304)636-2662; trol mining. She reminds us that mountaintop removal is not only an [email protected] ecological disaster; it is a human tragedy. OUTINGS COMMITTEE: Dave Saville, PO Box 569, Morgantown, WV 26507, (304)284-9548; [email protected] MISCELLANEOUS OFFICES SPEAKERS BUREAU: Julian Martin, 1525 Hampton Road, Charleston, WV 25314, (304) 342-8989; [email protected] WEB PAGE: Peter Shoenfeld, HC 70, Box 553, Davis, WV 26260, (304) 866-3484, (301) 642-2820; [email protected] and Jim Solley, [email protected] ADMINISTRATIVE OFFICES ADMINISTRATIVE ASSISTANT: Beth LittleHC 64, Box 281, Hillsboro, WV, 24946 (304) 653-4277; [email protected] HIGHLANDS VOICE EDITOR: John McFerrin, 114 Beckley Ave., Beckley, WV 25801, (304)252- 8733; [email protected] The Highlands Voice May, 2008 p.3 MARIA GUNNOE WINS 2009 GOLDMAN PRIZE By Cindy Rank I was fortunate to join dozens of other the battle against mining practices that have That both Maria and Judy have been friends of Maria Gunnoe for the East Coast pre- destroyed her home place as well as so much chosen to receive the Goldman Prize for North sentation of the Goldman Prize.