Thursday, January 7th, 2010

FOR IMMEDIATE RELEASE
January 7, 2010

Scientists Unveil A Mountain of Evidence Against Mountaintop Removal
Obama Administration Asked to Halt All New Mountaintop Removal Permits

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CONTACTS:
Sandra Diaz, Director of Development and Communications, Appalachian Voices….828-262-1500
Dr. Matthew Wasson, Director of Programs, Appalachian Voices….828-262-1500
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Just days after the U.S. Environmental Protection Agency approved the expansion of the largest mountaintop removal coal mine in West Virginia, prominent national scientists published a blockbuster study which concludes that mountaintop removal’s impacts are “pervasive and irreversible.”

Conducted by members of the National Academy of Sciences and published in the journal Science, the far-reaching study summarized dozens of pre-existing scientific papers analyzing the impacts of mountaintop removal mining, a type of surface coal mining that uses explosives to remove the tops of mountains to expose coal seams.

The study strongly criticized inadequate federal and state regulations on the practice, stating that “Current attempts to regulate [mountaintop mining/valley fill] practices are inadequate,” and that “Regulators should no longer ignore rigorous science.”

Environmental and Appalachian community advocates hailed the study as a powerful indictment against mountaintop removal mining. Opponents to the practice also expressed disappointment over the Obama Administration’s fluctuating stance on mountaintop removal, citing inconsistencies with statements made by President Obama about restoring science to a more prominent position in agency decision-making.

In a recent interview the President told the political news organization, Politico, “It’s about listening to what our scientists have to say, even when it’s inconvenient-especially when it’s inconvenient.”

Appalachian coalfield residents, who have long been aware of the major environmental impacts from mountaintop removal mining, are hopeful that the study will embolden the Obama Administration to take more decisive action to ultimately end the practice.

“The scientific study released today comes as little surprise to us living in the Central Appalachian coal mining region,” says Nina McCoy from Martin County, Ky., site of a large coal sludge dam break that overtook the county in 2000. “This should be the evidence the Obama Administration needs to close the floodgates on new mountaintop removal permits and stop the poisoning of our people.”

Last year, the Obama Administration released a multi-agency plan to more strictly enforce laws regulating mountaintop removal, but the President stopped short of prohibiting the practice.

On Thursday, the EPA told National Public Radio’s Diane Rehm Show that the agency does not have the authority to stop permitting mountaintop removal, however, critics believe there are other avenues through which the Administration could end the practice.

“The EPA has made commendable efforts to reduce the impacts of mountaintop removal on downstream water quality, but this study shows that mitigating and regulating the wholesale destruction of Appalachian Mountains is just not effective,” said Dr. Matthew Wasson, ecologist for the environmental non-profit group Appalachian Voices and director of the campaign to end mountaintop removal on iLoveMountains.org.

“The President has the power to end mountaintop removal through any number of agency actions,” Wasson added, “and he should call on Congress to pass the Clean Water Protection Act, a bill designed to end mountaintop removal-but the message from this study is that he’s out of excuses for allowing mountaintop removal to continue.”

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Images and b-roll video available upon request. Please contact Jamie Goodman at jamie@appvoices.org or 828-262-1500

Wednesday, January 6th, 2010

FOR IMMEDIATE RELEASE – January 5, 2010

Contacts:
Janet Keating, Ohio Valley Environmental Coalition, (304) 522-0246
Judy Bonds, Coal River Mountain Watch, (304) 854-2182
Cindy Rank, West Virginia Highlands Conservancy, (304) 924-5802
Raviya Ismail, Earthjustice, (202) 667-4500 x221
Joe Lovett, Appalachian Center for the Economy & the Environment, (304) 645-9006
Oliver Bernstein, Sierra Club, (512) 477-2152

Environmental Protection Agency Approves Permit for Controversial WV
Mountaintop Removal Coal Mine

Decision opens the door for more destruction in Appalachia

Charleston, West Virginia – Today the U.S. Environmental Protection Agency (EPA) announced that it would sign off on a Clean Water Act permit for Patriot Coal Corp.’s Hobet 45 mountaintop removal coal mine in Lincoln County, West Virginia. This controversial permit now goes to the Army Corps of Engineers, which issues such permits.

This decision highlights the urgent need for the U.S. EPA to protect streams from mining waste by revising Clean Water Act regulations gutted by the Bush Administration. The Sierra Club and other national and local environmental groups encourage the Obama Administration to begin a rulemaking to exclude mining waste from the definition of ‘fill’ as a material that can be dumped in waters of the United States.

This decision marks the first mountaintop removal mining permit to move forward of those mining permits the agency earlier identified in 2009 as needing additional attention.

“Sadly, the coal industry’s undue influence over decision-makers has traded people’s health, communities, and water for profit,” said Janet Keating, Executive Director of the Ohio Valley Environmental Coalition. “We’re shooting ourselves in the future. After all the coal has been mined, what kind of economic development can happen when the water is unfit to drink and people have been driven away?”

The permit would allow Patriot to mine through more than three miles of streams, and to add millions of cubic yards of fill to existing valley fills offsite.

“We, the affected citizens that are living with the impacts of this destructive mining practice, pray that this decision is not a preview of other destructive mining permits being approved,” said Judy Bonds with Coal River Mountain Watch. “We certainly hope this is the last destructive permit approved that will allow the coal industry to continue to blast our homes and pollute our streams.”

In 2009 the EPA announced that it would conduct an enhanced review of dozens of permits to fill and otherwise destroy streams for mountaintop removal coal mining, including the Hobet 45 permit.

“Allowing this newest addition to the over 25 square miles of devastation at the Hobet complex to proceed makes one seriously question if EPA is truly interested in making a real difference,” said Cindy Rank, chair of the mining committee at West Virginia Highlands Conservancy.

“While we understand that this short term deal means more mining and destruction but also the extension of employment to mine workers, we know that mountaintop removal coal mining is not a long-term economic strategy for Appalachia,” said Bill Price, environmental justice organizer for the Sierra Club in West Virginia. “As Senator Byrd of West Virginia said last month, it is mechanization and the demand for coal that have eliminated jobs in West Virginia, and it’s time to adapt to change and to embrace clean energy solutions.”

Even with these alterations, the Hobet 45 mine would still have unacceptable adverse impacts on local waterways and therefore violates the Clean Water Act. Mining companies have already buried close to 2,000 miles of Appalachian streams beneath piles of toxic waste and debris. Entire communities have been permanently displaced by mines the size of Manhattan.

“The Obama administration rings in the new year by allowing coal companies to bury more miles of streams,” said Joan Mulhern, senior legislative counsel for Earthjustice. “There is no excuse for approving this permit when the science is clear that mountaintop removal coal mining permanently destroys streams. The administration claims to be making progress on mountaintop removal, but in reality they are still following the flawed policies put in place by the Bush administration. It is time for them to make a commitment to ending this abominable practice.”

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Thursday, December 10th, 2009

Google Earth Tour Highlights Mountaintop Removal Mining at Copenhagen
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Contact:
Sandra Diaz, Development and Communications Director….828-262-1500
Lorelei Scarbro, Coal River Mountain Watch….304-854-2002
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The issue of mountaintop removal coal mining will be featured prominently at the Copenhagen climate conference over the next two weeks, due to a collaboration between Google, Appalachian Voices and the residents of Coal River Valley, W.Va.

On Monday, as hundreds of protesters gathered at the U.S. Environmental Protection Agency’s office in Charleston, W.Va. to rally against the blasting of Coal River Mountain, Google Earth unveiled an interactive tour and accompanying video that details the plight of the mountain. Over 6,000 acres of Coal River Mountain are slated to be destroyed by mountaintop removal coal mining.

Created by Google Earth Outreach and regional environmental groups Appalachian Voices and Coal River Mountain Watch, the tour is one of 15 stories that will be featured at the United Nations Climate Change Conference from December 7-18, 2009, as well as on the Google COP15 website. Former U.S. Vice President Al Gore narrates the project’s introductory video.

Each three-dimensional tour is designed to help international representatives visualize climate change and features a region or group that is devising local solutions. The Coal River Mountain tour focuses on a proposal by local residents to create a 320-megawatt wind farm on the mountain as an alternative to the mountaintop removal mine.

“Google Earth has made it possible for us to show the world that this mountain is a symbol of hope,” said Lorelei Scarbro, a resident of Coal River Valley and the tour’s narrator. “If we can save this mountain and begin developing sustainable jobs and renewable energy, maybe we can have an impact on the climate crisis that faces us all.”

According to a study commissioned by Coal River Mountain Watch, the proposed Coal River Wind Project would provide $1.7 million in annual revenue and create jobs for the community; pursuing wind instead of mountaintop removal mining would also prevent the release of 134 million tons of CO2 into the atmosphere-an amount equivalent to adding 1.5 million cars to U.S. highways for a period of 17 years.

Scarbro-a resident born and raised in West Virginia and whose father, grandfather, and husband were all coal miners-lives on property that borders Coal River Mountain. Massey Energy, operators of the mine, are currently blasting less than 200 yards from an immense earthen impoundment holding 8.2 billion gallons of toxic wet coal slurry, causing concern in Scarbro and other residents. If the impoundment were to fail, Massey itself has estimated that almost a thousand people in the valley below could lose their lives.

“We don’t live where they mine coal,” Scarbro has said. “They mine coal where we live.”

To date, over 500 mountains in Appalachia have been impacted and nearly 2,000 miles of headwater streams have been buried and polluted by mountaintop removal coal mining.

During the tour, Scarbro explains the scope of mountaintop removal coal mining plans for Coal River Mountain and discusses the ridge’s wind potential. High-resolution videos of blasting, colored overlays and informational charts provide visual methods of conveying the issue.

The tour also introduces viewers to other Coal River Valley residents and relays images of some health problems residents in these neighboring communities face.

“The Google Earth tour of Coal River Mountain will show the delegates in Copenhagen what’s at stake,” said Appalachian Voices’ Executive Director Willa Mays. “Coal River Mountain is ground zero in the fight against mountaintop removal coal mining, and represents the choice between a clean energy future and the threat of climate change.”

Appalachian Voices, based in Boone, N.C., is a regional organization that works to solve environmental problems having the greatest impact on the central and southern Appalachian Mountains. Coal River Mountain Watch is a West Virginia-based group united to protect the Coal River Mountain region and promote the Coal River Wind Project.

To view the tour online, visit google.com/cop15.

Friday, September 11th, 2009

Environmental Groups Cautiously Optimistic Over News

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CONTACT:
Dr. Matthew Wasson, Appalachian Voices - 828-262-1500
Stephanie Pistello, Appalachian Voices - 917-664-5511
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The U.S. Environmental Protection Agency today announced the preliminary fate of 79 valley fill permit applications associated with mountaintop removal coal mining. In a move that pleased environmentalists and coalfield residents in central and southern Appalachia, the EPA recommended that none of the 79 permits be streamlined for approval.

This decision is not final, but is part of a coordination procedure outlined in a June “memorandum of understanding” between the Environmental Protection Agency, the Army Corps of Engineers, and the Department of Interior to deal with a backlog of permits held up by litigation over the past few years. The EPA has promised a more stringent and transparent review of all mountaintop removal valley fill permit applications.

Willa Mays, executive director for Appalachian Voices, a regional environmental group, was delighted about the EPA’s preliminary list. “By recommending these permits not be approved, the EPA and the Army Corps has demonstrated their intention to fulfill a promise to provide science-based oversight which will limit the devastating environmental impacts of mountaintop removal mining,” Mays said. “EPA Administrator Lisa Jackson, Army Corps’ Assistant Secretary Jo-Ellen Darcy and Principal Deputy Assistant Secretary Terrence “Rock” Salt have shown exceptional leadership. This is indeed good news especially paired with the fact that 156 members of the House of Representatives are now cosponsors of the Clean Water Protection Act.”

The reaction from coalfield residents was mostly optimistic. Chuck Nelson, retired union coal miner from Glen Daniel, W.Va., and board member of the Ohio Valley Environmental Coalition said, “By recommending these permits be further reviewed, the EPA is allowing at least a temporary reprieve for the people of Appalachia. It appears the EPA is starting to take the concerns of coalfield residents into account when considering these permits.”

Vernon Haltom, co-director of Coal River Mountain Watch in Raleigh County, W.Va., was excited about the announcement. “We who live with the nightmare of mountaintop removal are glad that the EPA is beginning to do its job to protect our communities,” he said. “Our life-giving water resources are priceless, and it’s refreshing to see the EPA finally prioritizing them over coal companies’ short-term profits.”

As outlined in the memorandum, EPA Regional offices will be given 14 days to review and comment on the EPA Headquarters’ recommendations, after which EPA Headquarters can finalize the list.

If the EPA Regional offices agree with the EPA Headquarters’ assessment that these permits have “substantial environmental concerns,” an “enhanced coordination” process will begin, where the EPA and the Army Corps will study each permit on a case-by-case basis. The beginning of each coordination process sets off a 60-day period during which the two agencies must resolve any permit applications. The EPA reserves the right to exercise their veto authority over any of the unresolved permits.

In the past, the EPA was primarily absent from the approval of mountaintop removal permits, allowing the Army Corps to essentially “rubber-stamp” them. “The whole permitting process had become a bit toothless,” EPA Administrator Lisa Jackson admitted in a recent interview with the Tampa Bay Press. “The Corps of Engineers understands [that] when the EPA has concerns, it’s going to raise them. We’re going to do our jobs.”

In 2002, the Bush Administration expedited the permitting process by classifying mining waste as acceptable “fill material” as defined by the Clean Water Act. Valley fills are created when toxic debris from mountaintop removal mining is dumped into valleys adjacent to the mine sites, burying headwater streams and permanently damaging the hydrology of the watershed system.

“I’m glad the EPA has admitted they have some responsibility for protecting people and nature from mountaintop removal,” said Cathie Bird of Save Our Cumberland Mountains in Tennessee. “But I worry they still don’t get it. This brutal practice kills whole communities and watersheds, and it should be banned, not one permit at a time but once and forever.”

To view the permits in map form, visit the Permit Shortlist Google Map created by Appalachian Voices and the Alliance for Appalachia at http://www.ilovemountains.org/epa-permit-list.

Wednesday, April 8th, 2009

Contacts: Oliver Bernstein, Sierra Club, 512.477.2152
Kathy Selvage, Southern Appalachian Mountain Stewards 276.523.4380 or 276.328.1223

Appalachia, Virginia — In a victory for community members and for clean water, the Environmental Protection Agency (EPA) this week directed the U.S. Army Corps of Engineers to revoke the “nationwide 21” mining permit for A&G Coal’s massive Ison Rock Ridge mountaintop removal coal mine in Southwest Virginia. The news comes only weeks after a delegation of Appalachian coalfield residents met with the EPA in Washington, D.C. urging the Agency to take quick action to protect their communities from the ravages of mountaintop removal coal mining. The bold move is the latest clear signal that the Obama Administration is taking action on mountaintop removal coal mining and supports clean energy solutions and green jobs. Southern Appalachian Mountain Stewards (SAMS), a community organization based in Wise County, Virgina, and the Sierra Club have worked for two years to oppose strip mining on Ison Rock Ridge.

“This is a great day! I am hopeful it means the beginning of the end of the wholesale destruction of the Appalachian mountains, its watersheds, its streams, its people, and its soul,” said Kathy Selvage, vice president of SAMS.

The Army Corps had been relying on a cookie-cutter “nationwide” permit for the Ison Rock Ridge mine, but the EPA cites Clean Water Act concerns in its recommendation that the Army Corps revoke the permit for this mine. By dumping its mining waste into valleys and waterways, the Ison Rock Ridge mountaintop removal coal mining operation would be extremely destructive. Residents are also concerned with the proximity of the proposed mine to their homes, as portions of the permit are within the corporate limits of the town of Appalachia and surround several other nearby communities.

“I’m so relieved and grateful the EPA has taken this action.” said Gary Bowman, whose home is only hundreds of feet away from a proposed sediment pond for the permit. “We were stuck between a rock and a hard place with this permit and are so happy that we will be able to stay in our home.”

The company that operates the Ison Rock Ridge site, A&G Coal, is known for its role in the August 20, 2004 tragedy in which a boulder from an A&G strip mine rolled down a hillside and crashed into a family’s Wise County home below, killing a sleeping three-year-old child in his bedroom.

“The days of reckless, unchecked destruction of Appalachian mountains are numbered,” said Mary Anne Hitt, Deputy Director of the Sierra Club Beyond Coal Campaign. “There is much more work to do, but President Obama’s EPA has taken bold action on mountaintop removal coal mining, and we applaud their intervention.”

The Ison Rock Ridge permit in Wise County, Virginia, covers nearly 1,300 acres and would destroy three miles of streams and fill nine lush valleys with more than 11 million cubic yards of rock and dirt. The massive mountaintop removal coal mine would surround the community of Derby, bringing destruction within a half mile of the historic district, eliminating the community’s tourism appeal. Other nearby affected communities include Andover, Inman, and Osaka and the Town of Appalachia.

“I’m walking on air,” said Derby resident Bob Mullins, who recently returned from a meeting with the White House Council on Environmental Quality. “I feel like we’ve finally accomplished something. This is a great victory to start with and now it’s time to get our friends and neighbors together to continue fighting for the cause and building this movement that is truly gaining momentum.”

Mountaintop removal mining is a destructive form of coal mining that has already contaminated or destroyed nearly 2,000 miles of streams. The mining poisons drinking water, lays waste to wildlife habitat, increases the risk of flooding and wipes out entire communities. For more information, visit www.sierraclub.org/MTR or www.samsva.org.

Thursday, March 26th, 2009

U.S. SENATORS CARDIN, ALEXANDER INTRODUCE BILL TO PROTECT STREAMS FROM MOUNTAINTOP REMOVAL COAL MINING WASTE

FOR IMMEDIATE RELEASE
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Contact:
Lenny Kohm, Campaign Director, Appalachian Voices, 828-262-1500 / lenny@appvoices.org
Jamie Goodman, Communications Coordinator, Appalachian Voices, 828-262-1500 / jamie@appvoices.org
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Two U.S. senators from coal-producing states introduced bipartisan legislation yesterday that would protect Appalachia from mountaintop removal coal mining.

The Appalachia Restoration Act (S 696), introduced by Senators Benjamin Cardin (D-MD) and Lamar Alexander (R-TN), would amend the Clean Water Act to prevent the dumping of toxic mining waste from mountaintop removal coal mining into headwater streams and rivers.

“My goal is to put a stop to one of the most destructive mining practices that has already destroyed some of America’s most beautiful and ecologically significant regions,” said Senator Cardin, Chairman of the Water and Wildlife Subcommittee of the Committee on Environment and Public Works. “This legislation will put a stop to the smothering of our nation’s streams and water systems and will restore the Clean Water Act to its original intent.”

Mountaintop removal coal mining is an extreme form of surface mining where explosives are used to blast up to 1000 feet of mountaintop in order to reach thin seams of coal. The remaining rubble, or overburden-which contains toxic heavy metals-is dumped into adjacent valleys, contaminating headwater streams where drinking water supplies originate for millions of Americans. More than 1200 miles of streams and over 500 mountains in the central and southern Appalachians have been devastated due to mountaintop removal.

“It is not necessary to destroy our mountaintops in order to have enough coal,” said Senator Alexander. “Millions of tourists spend tens of millions of dollars in Tennessee every year to enjoy the natural beauty of our mountains-a beauty that, for me, and I believe for most Tennesseans, makes us proud to live [there].”

The bill is a companion to the Clean Water Protection Act (HR 1310) currently in the U.S. House of Representatives. The House bill was introduced March 4th by Congressman Frank Pallone (D-NJ) along with Congressmen Dave Reichert (R-WA) and John Yarmuth (D-KY), and currently has 134 bipartisan cosponsors.

A number of recent studies, such as one by the Appalachian Regional Commission, report on the tremendous potential for employment growth with green jobs, while employment in coal has been on a downward trajectory for decades. In West Virginia alone, coal mining once provided over 120,000 jobs, but that number has dropped to less than 20,000. Even traditional underground mining provides far more jobs than mountaintop removal coal mining.

“This is not an either/or choice, it’s about saving the environment and creating new jobs,” said Dr. Matthew Wasson, Director of Programs at the environmental non-profit group Appalachian Voices. “Mountaintop removal does the same thing to our economy that it does to our mountains. Ending mountaintop removal will allow sustainable, long term economic growth to flourish in Appalachia.”

According to U.S. Census Bureau data, counties with a high concentration of mountaintop removal mines are some of the most impoverished in the United States.

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For text of the bill, please visit http://www.ilovemountains.org/ftp/lobbying/ara/AppalachianRestorationAct.pdf
For photographs or video b-roll of mountaintop removal coal mining, please contact Jamie Goodman at 828-262-1500 or jamie@appvoices.org

Tuesday, March 24th, 2009

Today the Associated Press broke the news that the EPA is putting hundreds of mountaintop removal coal mining permits on hold until it can evaluate the projects’ ecological impacts. We thought you would would be interested in the reaction from Appalachia, including people who are working to stop mountaintop removal coal mining and individuals who live in the coalfields.

Photos, video B-Roll, and interviews available upon request.

FOR IMMEDIATE RELEASE

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CONTACT:
Dr. Matthew Wasson, Executive Director, Appalachian Voices, 828-262-1500
Jamie Goodman, Communications Coordinator, Appalachian Voices, 828-262-1500
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Community and environmental groups across Appalachia strongly applauded the EPA’s Tuesday decision to delay and review permits for two mountaintop removal coal mining operations. The EPA’s action calls into question over 100 pending valley fill permits that threaten to bury hundreds more miles of headwater streams.

Mountaintop removal coal mining is an extreme form of surface mining where explosives are used to blast up to 1000 feet of mountaintop in order to reach thin seams of coal. The remaining rubble, or overburden, which contains toxic heavy metal particles, is dumped into adjacent valleys burying headwater streams. Over 1200 miles of streams and 500 mountains have been destroyed due to mountaintop removal.

During the 2008 presidential campaign, Barack Obama expressed concern over mountaintop removal, stating “we have to find more environmentally sound ways of mining coal than simply blowing the tops off mountains.”

“This decision illustrates a dramatic departure from the energy policies that are destroying the mountains, the culture, the rivers and forests of Appalachia, and our most deeply held American values,” said Bobby Kennedy Jr., Chairman of the Waterkeeper Alliance. “By this decision, President Obama signals our embarking on a new energy future that promises wholesome, dignified, prosperous and healthy communities that treasure our national resources.”

Mountaintop removal coal mining, a heavily mechanized process, employs far fewer workers than underground mining. Coal mining once provided over 120,000 jobs in West Virginia alone, but that number has dropped to less than 20,000. According to U.S. Census Bureau data, counties with a high concentration of mountaintop removal mines are some of the most impoverished counties in the United States.

Groups in the region view the recent EPA decision as an acknowledgement of the destruction mountaintop removal coal mining inflicts on the environment and communities of central Appalachia. They hope that, with the halt of new mountaintop removal mining permits, there will be room for green industry and that the president’s green jobs stimulus and renewable energy development plans will reach the Appalachian coalfields.

“Not only does mountaintop removal coal mining destroy mountains, it also destroys the economic potential of Appalachia,” said Dr. Matthew Wasson, Director of Programs for the environmental non-profit organization Appalachian Voices. “This decision rekindles hope for a new economy in Appalachia built around green jobs and renewable energy,” Wasson said.

Carl Shoupe, a retired coal miner and member of Kentuckians for the Commonwealth, echoed Wasson’s sentiment that this decision is a step in the right direction. “We finally have an administration in place that uses scientific reasoning to make decisions instead of ideology,” Shoupe said. “We fought for this for years. I hope the EPA comes through and permanently stops the permits in our community.”

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Wednesday, March 4th, 2009

Press Release from Kentuckians for the Commonwealth

Effort Renewed in Congress to Protect Eastern Kentucky Waterways

FOR IMMEDIATE RELEASE: March 4, 2009

CONTACTS:
Teri Blanton, Kentuckians For The Commonwealth, 606-859-1648, teri@kftc.org
Stephanie Pistello, Alliance for Appalachia, 917-664-5511 Stephanie@appvoices.org
Jennifer Krimm (Rep. Ben Chandler), 202-225-4706
Stuart Perelmuter (Rep. John Yarmuth), 202-225-5401

Two downstream lawmakers are leading a broad bipartisan effort in Congress to protect the waters of Eastern Kentucky and Central Appalachia.

Rep. John Yarmuth of Louisville and Rep. Ben Chandler of Central Kentucky, along with 117 of their colleagues, are cosponsors of the Clean Water Protection Act, reintroduced Wednesday in Congress.

The bill will protect communities and water quality by outlawing the dumping of toxic mining waste into streams.

“The damage being caused by mountaintop removal is irreparable, and each day that we fail to act our water is poisoned, our land is destroyed, and our communities are harmed,” Rep. Yarmuth said. “We must enact the Clean Water Protection Act and put an end to the destruction that is devastating the natural resources for families and communities in Kentucky and throughout the region.”

“The Clean Water Protection Act is much-needed legislation to safeguard Kentucky’s fragile streams and creeks while maintaining a strong and viable coal industry,” said U.S. Rep. Ben Chandler. “In these hard economic times, Kentucky enjoys some of the lowest energy costs in the nation. However, we don’t have to sacrifice our environment, our watershed and our communities to do so.”

The CWPA was introduced to address a 2002 Bush administration executive rule change that altered the long-standing definition of “fill material” in the Clean Water Act. The new definition permits mining waste to be used to fill streams, allowing coal companies to dump millions of tons of rubble, or “excess spoil” into nearby valleys after they blast apart Kentucky’s mountaintops.

The resultant “valley fills” have buried thousands of acres of forests and hundreds of miles of streams, including the headwaters of the Kentucky, Upper Cumberland, Big Sandy and Licking rivers.

As a result, sedimentation is the number one pollutant in eastern Kentucky streams.

“This bipartisan legislation is a simple way to protect water quality and the quality of life for those affected by mountaintop mining,” said Rep. Frank Pallone, the bill’s author and chief sponsor. “It is unacceptable to allow the excess spoil from this type of mining to be dumped in mountain streams where it can pollute waterways, and in some cases potentially endanger the lives of area residents.”

“The federal government should not continue to give massive mining companies a free pass to dump their waste into nearby streams, and should instead protect residents who have been negatively impacted by this activity for too long.”

The Clean Water Protection Act has taken on an increased urgency following a widely critiqued U.S. Fourth Circuit Court decision last month involving a West Virginia case. The court ruled that coal companies can dump their wastes without acting to minimize stream destruction or conducting adequate environmental reviews.

Several eastern Kentucky residents were in Washington in January with Kentuckians For The Commonwealth to sign up members of Congress as cosponsors of the Clean Water Protection Act. They plan to go back later this month, along with allies from other central Appalachian states, western coal mining states and several Native American tribes to strengthen that support.

Wednesday, March 4th, 2009

Press Release from Rep. Frank Pallone, Jr.

LAWMAKERS INTRODUCE BIPARTISAN LEGISLATION TO PROHIBIT DUMPING OF INDUSTRIAL WASTE INTO RIVERS AND STREAMS

FOR IMMEDIATE RELEASE March 4, 2009
CONTACT: Andrew Souvall / Pallone (202) 225-4671
Abigail Shilling / Reichert (202) 225-7761
Stuart Perelmuter / Yarmuth (202) 225-5401

Washington, D.C. — U.S. Reps. Frank Pallone, Jr (D-NJ), Dave Reichert (R-WA), and John Yarmuth (D-KY) were joined by 114 of their colleagues in introducing bipartisan legislation today that would prohibit the dumping of industrial waste into rivers and streams.

The Clean Water Protection Act of 2009 protects the definition of ‘fill material’ in the Clean Water Act from being expanded to include mining wastes and other pollutants. The legislation restores the prohibition on using waste as “fill” that had been included in the U.S. Army Corps of Engineers’ regulations since 1977.

The legislation will create a statutory definition of “fill material” that expressly excludes waste materials and will clarify environmental law consistent with the purpose of the Clean Water Act- to restore and maintain the chemical, physical and biological integrity of the nation’s waters.

Since 1970, more than 470 mountains in central Appalachia have been blown to bits and a million and a half acres of hardwood forests have been destroyed due to mountaintop removal. The U.S. Environmental Protection Agency reported in 2003 that more than 1,200 miles of headwater streams were buried and polluted by the toxic waste from this destructive method of mining. The report also found that the impacts of mountaintop removal valley fills will ultimately have a “disproportionately large impact on the total aquatic genetic diversity of the nation.”

The health problems caused by exposure to these chemicals and heavy metals include cancer, organ failure and learning disabilities. In addition, there have been multiple cases of children suffering from asthma, headaches, nausea and other symptoms likely due to toxic contamination from coal dust.

“This bipartisan legislation is a simple way to protect water quality and the quality of life for those affected by mountaintop mining,” Pallone said. “It is unacceptable to allow the excess spoil from this type of mining to be dumped in mountain streams where it can pollute waterways, and in some cases potentially endanger the lives of area residents. The federal government should not continue to give massive mining companies a free pass to dump their waste into nearby streams, and should instead protect residents who have been negatively impacted by this activity for too long.

“We have a responsibility to be good stewards of our environment, and this legislation is a strong measure of good stewardship for our waterways, and the communities around them,” Reichert said. “Our children – and future generations – will be protected through this bipartisan legislation.”

“The damage being caused by mountain top removal is irreparable, and each day that we fail to act our water is poisoned, our land is destroyed, and our communities are harmed,” Yarmuth said. “We must enact the Clean Water Protection Act and put an end to the destruction that is devastating the natural resources for families and communities in Kentucky and throughout the region.”

Mountaintop removal is a mining method where the top of a mountain is blown off to extract thin seams of coal. It permanently destroys streams, forests and mountains. The broken rock, or “excess spoil” from this process is usually dumped into nearby valleys, creating “valley fills” that cover hundreds of acres of land and bury hundreds of miles of streams.

On February 13, 2009, the 4th Circuit Court of Appeals in Richmond, Virginia, overturned a federal judge’s ruling that required greater environmental review of permits for mountaintop removal in West Virginia. The Court ruled that the U.S. Army Corps of Engineers can issue Clean Water Act permits for valley fills without more extensive reviews. This ruling was a reversal of a U.S. District judge’s ruling that the Corps was not requiring enough environmental review before issuing these permits.

The lawmakers believe that while this decision was a great victory for coal mine operators in Appalachia, it was a terrible defeat for the communities in that region. The ruling will permit mining companies to conduct devastating mountaintop removal coal mining without acting to minimize stream destruction or conducting strong environmental reviews. Today, dozens of permits could be expedited as a result of this ruling.

Wednesday, March 4th, 2009

Press Release from the Alliance for Appalachia

 
Clean Water Protection Act Introduced in Congress with 117 Cosponsors:
Act Would Protect Mountain Streams and Communities

CONTACT:
Rep. Frank Pallone, (202) 225-4671
For Additional Quotes or Interviews, Hi-Resolution Images and other information contact:
     Stephanie Pistello, (917) 664-5511 Stephanie@appvoices.org
     The Alliance for Appalachia TheAllianceForAppalachia.org

For a list of current co-sponsors visit:
TheAllianceforAppalachia.org/cwpa-cosponsors
iLoveMountains.org/action/write_your_rep

WASHINGTON, DC – The Clean Water Protection Act has just been reintroduced by Congressmen Frank Pallone, Jr (D-NJ), John Yarmuth (D-KY), and Dave Reichert (R-WA) with 117 Cosponsors, including 17 members of the Transportation and Infrastructure Committee into the United States House of Representatives. The bill will protect communities and water quality by outlawing the dumping of mining waste into streams.

“The Clean Water Protection Act is the first broad Congressional initiative aimed at reversing the Bush Administration’s eight-year effort to savage our national waterways and the popular laws that protect them,” Robert F. Kennedy, Jr said, explaining his support of the bill.

The Clean Water Protection Act was introduced to address a 2002 Bush administration executive rule change that altered the long-standing definition of “fill material” in the Clean Water Act. The new definition permits mining waste to be used to fill streams, allowing companies to blast apart mountains for coal and place the resulting millions of tons of rubble, or “excess spoil” into nearby valleys, creating “valley fills” that cover hundreds of acres of land and bury hundreds of miles of streams.

“Congress meant for the Clean Water Act to protect our nation’s water resources; the Administrative rule change endangers those resources,” said Rep. Pallone, the author of the legislation. “The dangerous precedent set by the Bush Administration’s rule change undermines the Clean Water Act.”

The Clean Water Protection Act has taken on an increased urgency following a widely critiqued 4th Circuit Court decision February 13th that allows companies to conduct mountaintop removal without acting to minimize stream destruction or conducting adequate environmental reviews.

“We’re hopeful the Obama administration, which has said they are opposed to mountaintop removal coal mining, will be responsive to the public outcry against mountaintop removal,” said Ann League, of Save Our Cumberland Mountains in Tennessee. “The 4th Circuit Court decision makes it even more urgent that the president and Congress move quickly to stop this destruction.”

At the close of the 110th Congress, 153 co-sponsors had signed the Clean Water Protection Act. Members of the regional coalition The Alliance for Appalachia are confident that the bill could pass the House in the 111th Congress.

“On one side of the debate, you have a majority of the public who wants to end mountaintop removal, you have a President that agrees, you have a rich and vibrant grassroots movement within the Appalachian coalfields working to protect their communities, and you have a Congress that is promoting clean energy and environmental issues,” said JW Randolph of coalition member Appalachian Voices. “On the wrong side of the debate are less than a handful of senior congressmen and senators who are promoting devastating Bush-era rules.”

“Washington is finally starting to pay attention to our struggles in Appalachia,” said Carolyn Van Zant, a West Virginia volunteer with the Ohio Valley Environmental Coalition, who traveled over seven hours to Washington at the end of January to encourage legislators to support the bill. “Over 470 of our mountains have been destroyed, and over 1,400 miles of streams have been buried. My county, Mingo County, has some of the poorest health and highest poverty in the United States. Mountaintop removal is ruining our community with blasts and flooding – and it is literally making us sick.”

“We live in a so called free country–but our basic needs are not being met. In the US today, clean water is a luxury – a luxury my family does not have access to,” said Erica Urias, a member of Kentuckians For The Commonwealth.

The Alliance for Appalachia is a regional coalition of 13 groups in 5 states working to end mountaintop removal coal mining and support the creation of a just, sustainable economy in Appalachia. Members include: Coal River Mountain Watch, SouthWings, Kentuckians For The Commonwealth, Ohio Valley Environmental Coalition, Save Our Cumberland Mountains, Southern Appalachian Mountain Stewards, West Virginia Highlands Conservancy, The Appalachian Citizens Law Center, Appalshop, Heartwood, Mountain Association for Community Economic Development and Appalachian Voices.

Visit TheAllianceforAppalachia.org for more information.