Here is a great example of what New Power looks like in Kentucky!

that makes energy efficiency upgrades affordable and doable for customers of rural electric co-ops in eastern Kentucky. The video describes how the Big Sandy Rural Electric Cooperative is helping its customers in Floyd and Johnson counties save money by saving energy.

How$martKY - Energy Efficiency for Everyone from Appalshop CMI on Vimeo.

How$mart is an innovative way to finance energy efficiency upgrades. Designed by the good folks at the Mountain Association for Community Economic Development (MACED), it is a currently in a two-year pilot phase. Participating rural electric cooperatives include Grayson Rural Electric, Big Sandy Rural Electric, Fleming-Mason Electric, and Jackson Energy. 

If you live in a county served by one of these co-ops, give them a call today to ask for your home to be evaluated for energy savings through How$mart!

KFTC members have long urged utilities in Kentucky, especially our rural electric co-ops, to invest more in energy efficiency programs. Our members are helping to spread the word about this promising approach, and continue to nudge and encourage the co-ops to do everything they can to make this program successful in the pilot stage so it can expand in the future.

If you like this video, be sure to check out other similar stories produced by Appalshop and shared on a new website called Making Connections News. There you will find a growing collection of videos and radio stories about efforts to "build a healthy future for Appalachia's land and people."

Yesterday, about 20 folks from LaGrange to Hazard came to a lobby training sponsored by KFTC at the Capitol, then headed out to kick off another year of lobbying, or as Erika Skaggs from our Central Kentucky chapter put it, "one of the things that KFTC members do best."

Members were able to catch legislators in the halls coming back out of session for some lobbying, rounding up cosponsors for our bills in support of voting rights, clean energy, and tax reform. Then, after some pizza fortification, a crew of East Kentucky members stayed for the State of the Commonwealth Address.

Members shared reflections on the address on the way home. What did you think?

• Members were excited that the governor is committing to tax reforms that are fair, and that grow along with the economy, although we also recognize that these can be slippery words. KFTC supports tax reforms that are fair, meaning that the responsibility of paying taxes is shared equitably, and low- and middle- income Kentuckians shouldn't be asked to pay a larger share than the wealthiest citizens of the state; adequate to our state's needs and priorities; and sustainable (or elastic, able to adapt to the shifting economy).  Clearly, Governor Beshear is sharing our language about needing a tax structure that is "fair," and these words can be fuzzy but it seems like he's  advocating sustainability, too. That's a start!
  
• The governor, one carload reflected on the way home, would do well to think and talk more about root causes to Kentucky's challenges, and to think more deeply about a vision that addresses those root causes.  Prescription drug prevention programs are very important, but they fall short of addressing a vision for what's really needed to build a more diverse and dynamic economy in Kentucky. We need to invest in a vision: vibrant communities, access to quality education, and a commitment to the growing clean energy economy.
  

 Enjoy a couple of photos from the training and the evening:

The question of whether Laurel Mountain Resources should be allowed to mine on Wilson Creek in Floyd County without restrictions to protect the community was argued Friday before a three-judge panel of the Kentucky Court of Appeals.

The legal issue boiled down to whether the Kentucky Energy and Environment Cabinet Secretary overstepped his authority in ordering that any future mining on the land in question meet certain conditions.

The conditions were part of a February 2009 order, signed by Cabinet Secretary Len Peters, that denied a petition by Wilson Creek residents to declare 2,000 acres of their watershed as "unsuitable for mining."

Alex May, representing the fifth generation of his family from Wilson Creek, talks to Associated Press reporter Dylan Lovan after Friday's appeals court hearing.

However, the order did impose some conditions on any future surface mining on that land. Those conditions are:

• The company cannot not use the one-lane Wilson Creek Road as its coal haul road;
• Mined land has to be returned to its approximate original contour (this is already required by law but state officials routinely grant variances);
• Trees have to be planted on the reclaimed land; and
• Primary and secondary sediment control systems must be used to prevent flooding and control pollution.

Laurel Mountain Resources attorney W. Blaine Early III argued that state and federal laws related to "lands unsuitable" designations only allow the secretary to approve or deny such a petition, and not impose conditions if the petition is denied.

By doing so, Early argued, Peters violated state law which prohibits the cabinet from applying any standards more stringent than federal law.

However, Early acknowledged that the conditions do not prevent mining, and the cabinet could apply the same conditions in the permitting process, just not in response to a "lands unsuitable for mining" petition.

A "place by place" consideration of the impacts of mining would be more appropriate rather than one applied universally to all 2,000 acres, he said.

Attorneys S. Bradford Smock and Steve Sanders took a different view.

"If he [Peters] chooses not to designate, he can still impose conditions," said Smock, who was representing the cabinet. "The conditions are something he's always been able to do under both federal and state law."

Judge John Lambert questioned why the cabinet would not choose to apply conditions through the permitting process.

The lands unsuitable process is designed "to see the whole picture … and not meant to be a place-by-place designation," Smock replied.

Sanders pointed out that "there is substantial evidence that supports the conditions," in Peters' order. He noted that Wilson is already designated as an "impaired stream" by the Kentucky Division of Water, and that the hillsides already are prone to land slides.

Sanders was representing Wilson Creek resident Bev May and KFTC, parties to the original petition and defendants in a lawsuit brought by Miller Brothers mining, the company that originally applied for the strip mining permit. Miller Brothers' operations have since been taken over by Laurel Mountain Resources, a subsidiary of Richmond, Virginia-based James River Coal Company.

In September 2010, Franklin Circuit Judge Thomas Wingate upheld the cabinet's order. In the decision Judge Wingate wrote that "the court finds that there was substantial evidence to support the Secretary's determination that flooding could occur."

The mining plan included three valley fills, which would bury the headwaters of Wilson Creek and Big Fork.

Friday's hearing was an appeal of Wingate's ruling.

The judges did not indicate how soon they will rule on the case.

Bev May and KY author Silas House at the Lands Unsuitable for Mining hearing for Wilson Creek

 Five years ago this month my neighbors on Wilson Creek and I learned that a coal company was planning to start mountaintop removal strip mining on both sides of Wilson Creek. On top of this, the coal company planned to haul the coal out the curvy one-lane road on Wilson Creek, which would have been dangerous for the people on Wilson Creek, the coal truck drivers and the school bus that travels the road every day.

We knew that would mean years of blasting damaging our homes, dust and mud covering our roads and yards, and even worse flooding. We truly believe this would have meant the end of our community.

With help from KFTC we organized our community and used a Lands Unsuitable for Mining Petition as a way of asking the state regulatory agencies to protect our community from the worst abuses of strip mining.

Though the Kentucky Energy and Environment Cabinet did not fully declare the Wilson Creek watershed unsuitable to be mined, they did impose some protections for our community. The Cabinet ruled that mountaintop removal mining methods could not be used, if the land was mined the coal company had to replant native hardwood trees, the coal company could not use the Wilson Creek road to haul coal, and additional ponds needed to be constructed to prevent slides and washouts.

We really felt like the state was fair handed throughout this process. They took our petition seriously. They provided an opportunity for all sides to be heard and then issued a reasonable compromise. Yet now, for a third time, the coal companies (Laurel Mountain Resources, which is owned by James River Coal) have appealed this decision. This tells me that the coal companies have no intention of mining in a way that is respectful of the people who live on Wilson Creek.

What is at stake here is the right of communities to determine their own future and the state’s ability to support communities that are trying to protect themselves.

I have to work that day, but my nephew, Alex, is planning to attend the hearing and it would be wonderful if a group of KFTC members wearing green or red KFTC T-shirts could be there to support him and everything we all worked so hard to achieve. We want to show the judges that the citizens of Kentucky are paying attention to this case.

This will be a test to see if the citizens of Kentucky can be heard and treated justly.

Thanks,
Bev May

Floyd County KFTC members got together this weekend to host and attend a Mushroom Growing and Hunting Workshop. The event was hosted by Beverly May and Nathan Hall at Wilson Creek Farm. Tim Hensley, an experienced mushroom farmer, from the Berea area came to Floyd County and demonstrated inoculation techniques for shiitake and oyster mushrooms.

In preparation for the workshop, Nathan had to select and cut two varieties of trees and after cutting them into manageable logs bring them down the mountain! Thanks for all your hard work Nathan!

After inoculating logs, we were treated to a wonderful lunch prepared for the group by Beverly May. Not only were we surprised with a hot apple stack cake, but Bev cooked up some Hen of the Woods!

We ended the day by taking a hike to look for wild, edible mushrooms. Although it was late in the season, our group was able to find several species of mushroom and enjoyed a beautiful day outdoors with friends and family.

All participants were able to take home logs inoculated with shiitake and golden oyster mushrooms spores. These families should expect to see mushrooms popping up as early as next summer!

Check out more pictures from the day by clicking here!

Late last week, KFTC members and staff from Eastern KY chapters came together in the new Whitesburg KFTC office to hone our Voter Empowerment skills. 

We covered everything from analyzing the political landscape, learning about KFTC's long-term approach to Voter Empowerment, learning how to register voters, to planning outreach events over the next two months.

We prepared for outreach tabling at the Black Gold Fest (Sept 16th), Mountain Heritage Festival (Sept 23rd-25th) and the Apple Festival (Sept 30th-Oct 1st).   

A group of KFTC members met with Chief Deputy Attorney General Patrick Hughes today to ask that he and Attorney General Jack Conway help enforce water protection and coal mining laws.

They made the request because the agencies responsible for enforcing these laws refuse to do so.

Rick Handshoe, Sue Tallichet and Megan Naseman wait in the state capitol for Gov. Beshear.

That case was made by Floyd County member Rick Handshoe, who provided Patrick with a 10-page booklet that documented the pattern of non-enforcement. The group also gave Patrick a copy of a research report released Tuesday that showed a higher frequency of birth defects in areas where mountaintop removal takes place.

Earlier in the day,the group grabbed a minute with Gov. Steve Beshear after an unrelated press conference. They also provided him with copies of the two documents.

Reporter Ronnie Ellis with Community Newspaper Holdings was there. Here's his story.

This past weekend, more than 100 people attended the Growing Appalachia conference at the Jenny Wiley State Park in Prestonsburg. More than a dozen counties were represented among the presenters and attendees, with the majority of folks coming from eastern Kentucky. Growing Appalachia was a full day of workshops and conversations about small-scale farming, sustainable forestry, and clean energy solutions that can benefit the land and people in eastern Kentucky. Workshops ranged from home weatherization, to horse-drawn logging, to growing your own edible mushrooms, to how to get your farm certified organic. 

The workshop was hosted by the Floyd County Chapter of KFTC and many members participated in the planning and staffing of the event. Members were excited that this year's attendance had doubled from the first conference last year.

Throughout the day, several people shared their experience of local success. "Solar works here.  We're living proof of it," Elijah Collett from Leslie County shared during the workshop about solar energy solutions. Leading up to the conference, Elijah and his wife Guylaine were featured in the Lexington Herald Leader. You can read the article on how they power their mobile home in Leslie County with solar energy here.

People had a lot of great ideas about moving this work forward including more workshops and ways to work together to make some of these ideas happen.

Watch a slideshow of the day below:

Kentucky Governor Steve Beshear, accompanied by Energy and Environment Cabinet Secretary Len Peters, met yesterday with residents in Eastern Kentucky to see and hear firsthand about the importance of protecting their water, opportunities for community development, and problems associated with mountaintop removal coal mining and valley fills. The tour was hosted by members of KFTC.

The governor’s visit made good on an earlier commitment to visit the region and learn about the impact of surface mining on health and water. Floyd County residents Rick Handshoe and Sister Kathleen Weigand took him on a tour of several locations in Floyd County where pollution levels in streams below mine sites are more than three times the allowable standard set by the U.S. Environmental Protection Agency. The governor observed while water quality tests were taken in both a healthy stream and streams degraded by coal mining operations. Handshoe also showed the governor a sediment pond below a valley fill near his home that is contaminated by acid mine drainage.

Rick Handshoe of Floyd County talks with Governor Beshear about the acid mine drainage in the settlement pond above his home.

Weigand pointed out to the governor that the streams he visited were a few of thousands that have been impacted by mining throughout the region. “What you’re seeing here is just one example of a much larger problem. It’s happening all over,” she said.

Handshoe added, “Governor, this is a people issue; it’s a human rights issue. Our groundwater around here was contaminated by deep mining a long time ago. You just can’t allow our surface waters to be destroyed too.”

Later that afternoon, Governor Beshear and Secretary Peters attended a meeting hosted by KFTC members in the Harlan County community of Lynch. Residents shared ideas for economic development and a sound future for their area, and asked the governor to block two proposed surface mine permits that now threaten their drinking water and quality of life.

“I’ve lived here all my life,” shared Carl Shoupe, a retired third generation coal miner from nearby Benham. “This is a special place with an important history. We have good, pure water that flows out off Black Mountain. With a lot of work by a lot of people, we’ve built up some fine tourism sites, like the School House Inn and Portal 31 exhibition coal mine. But all of those things could be lost if the state allows these strip mines to go forward.”

Stanley Sturgill, a resident of Lynch and retired coal miner and federal mine inspector, thanked the governor for his time and asked him to take a stand. “Will you declare your support for designating key areas around Benham and Lynch as ‘Lands Unsuitable for Mining,’ and will direct your Energy and Environment Cabinet to revisit and reverse their recent ruling on this matter?” Sturgill asked. The governor responded that his administration would carefully review all permits and “take the concerns we’ve heard today under consideration.”

Governor Beshear later stated, “I’m convinced that if we are smart and enforce our regulations, we can mine coal and protect the environment. It’s something we have to balance.”

To which Sturgill countered, “Governor, what you saw up there in Floyd County today, would you consider that balanced just right?”

Reflecting on the day, KFTC member Doug Doerrfeld noted, “I’m thankful that Governor Beshear and Secretary Peters came and listened. This is just a first step, and it’s good that he agreed to meet with us again soon. There are many issues left to be resolved. The whole conversation needs to go much deeper, and we need to see concrete action.”

Slideshow from the day