An editorial in today’s Lexington Herald-Leader urges Governor Steve Beshear to consider the homes and health of people in Benham and Lynch before allowing destructive surface mining there.

According to the article, two coal operators and their associates spent more than $500,000 to get Beshear re-elected last fall – the largest private-sector donors to Beshear’s campaign.

One donor, James C. Justice II of A&G Coal, plans to mine near Benham and Lynch, threatening the community’s water supply and quality of life. The Beshear administration has given preliminary approval. From the editorial:

With coal money talking so loudly and directly into his ear, the governor should try extra hard to hear average Kentuckians whose homes, health and future are imperiled by the coal industry’s most destructive practices.

The ridges that cradle Lynch — and are at risk of being destroyed — are part of Black Mountain, Kentucky's highest point, which school children fought to save from strip-mining in the late 1990s.

You can’t put a price tag on the history and possibilities that will be lost if Beshear sacrifices this little corner of Kentucky.

The other donor, James Booth of Cambrian Coal, has a permit to mine in Pike County that a judge attempted to block before Beshear’s Energy and Environment Secretary Len Peters overruled him and allowed the permit to go through.

Cambrian’s plan to chop 400 feet off a mountain near Elkhorn City in Pike County will pollute tributaries of the Russell Fork that were already seriously degraded by earlier mining.

The editorial follows an analysis of campaign contributions in The Courier-Journal by Tom Loftus. To read that article, click here.

To read the full Lexington Herald-Leader editorial, click here.

To learn more about Benham and Lynch residents’ efforts to protect their community, click here.

 KFTC’s annual “I Love Mountains” day at the state capitol is just around the corner.  This big event, which attracts more than 1,000 Kentuckians each year, calls attention to the scale of destruction created by mountain-top removal coal mining in Kentucky and the need for a clean water and energy future.

 The day includes a special emphasis and participation from young Kentuckians – with a special youth-led lobby team!

KFTC youth are going to spend the morning of I Love Mountains day try to have lobby meetings with top state lawmakers.  Would you like to be part of this youth-led lobby team or do you know a young person within the ages of 5 and 25 who would be? 

What it involves:  Each youth would be responsible for attending a planning meeting over the phone (conference call) with other KFTC youth leaders and then meeting in the Capitol the morning of I Love Mountains day at 9:30 a.m. to begin our round of lobbying meetings.

How to get involved:  If this sounds like you, please call or email KFTC staffperson Carissa Lenfert at 859-893-1147 or carissa@kftc.org to sign-up.  Youth interested must sign-up by January 31^st. 

Spread the word:  Also, please pass this announcement along to anyone you may know who would be a great addition to the youth team!

Help make history and protect our land, water, and people!

Also – don’t forget to register for “I Love Mountains” day!

Melina Laboucan-Massimo stands in solidarity with our mountain communities. Melina’s indigenous Lubicon Cree community has been devastated by tar sands extraction. In both Canada and the United States, she has been a key leader in the fight against the notorious Keystone XL pipeline. Melina will join us at I Love Mountains Day in Frankfort, where she will speak about the impact of fossil fuels on her community and the need to build a new, clean energy economy.

Melina says, “We have seen the destruction of our lands happen right before our eyes. Our water is being contaminated and we are seeing droughts throughout the region. My family used to be able to drink from our watershed, and now within my lifetime we can no longer do so.”

Get a sneak peek at Melina’s story and her inspiring work by reading this interview. You can also hear her powerful voice against damaging fossil fuel extraction, and learn about her vision for a clean energy economy, in this video clip.  And then join KFTC and Melina on Tuesday, February 14th at 12 p.m on the front steps of the Capitol in Frankfort for I Love Mountains Day! Register here.

A court hearing begins Wednesday morning on the challenge by KFTC, Appalachian Voices and others to consent agreements between state officials and two coal companies.

International Coal Group (ICG) and Frasure Creek Mining have acknowledged thousands of violations of the Clean Water Act over a two-year period. These violations were first brought to the public's attention last October by Appalachian Voices, Kentucky Riverkeeper, the Waterkeeper Alliance and KFTC.

In December, in order to pre-empt a federal lawsuit by the four groups against the companies, the state Energy and Environment Cabinet filed an action in Franklin Circuit Court. These proposed consent agreements listed fines for the violations and some required remedial action. We determined these agreements to be inadequate to prevent future violations and sought to intervene in the case.

Despite strong resistance by the Beshear administration, Franklin Circuit Judge Phillip Shepherd allowed our intervention in a February ruling. Since then each side has been collecting information through deposition and reviewing records related to this case.

On Monday, the cabinet was successful in quashing a subpoena for Secretary Len Peters. We wanted him to testify to the cabinet's ability to enforce the law, including these proposed agreements. Peters has written that the cabinet does not have the capacity to enforce the law.

That has proven to be the case. Even though ICG and Frasure Creek agreed last year to remedial actions to stop their illegal pollution, they continued discharging illegal levels of toxins into eastern Kentucky streams into 2011.

KFTC members are welcome to attend the hearing, beginning at 9:30 a.m. at the Franklin County (temporary) Courthouse, 669 Chamberlin Ave. in Frankfort. The hearing is expected to last at least two days, and will continue on Friday if needed.

In our blog post yesterday, we shared with you a video of Anne Shelby talking to the EPA during their visit last week. Anne described the process her community went through to try to protect their land and water from two valley fill permits through a Lands Unsuitable for Mining petition, which the state dismissed by ignoring many of their arguments and sometimes ridiculing others. If you missed that video, you can watch it here.

Today, we want to share another voice of a community member who spoke directly to the EPA. Sandy Voils and her family, including her 7 year old daughter Madison, live beside a coal processing plant in Clay County. During the EPA’s Environmental Justice Listening Tour of Eastern Kentucky, Sandy had the opportunity to speak directly to EPA officials and show them her home.

Stay tuned in the coming days for more voices of Kentuckians sharing their stories, their vision, and their concerns with the EPA.

On August 18 and 19, Kentuckians had the opportunity to speak directly to key officials of the U.S. Environmental Protection Agency (EPA) about their vision for Kentucky and, especially, about their concerns related to the devastating effects of mountaintop removal mining and valley fills. KFTC hosted Lisa Garcia from the Washington, D.C. office, who is a special advisor to EPA Administrator Lisa Jackson on Environmental Justice, and Gwendolyn Keyes Fleming, administrator for EPA's Region 4, as well as seven other EPA directors and staff members.

EPA Region 4 Administrator Gwendolyn Keyes Fleming (left) listens to the concerns
of Anne Carr (far right) and other residents in Lynch.

The tour brought the EPA in contact with more than 150 Kentuckians, many of whom were able to share their stories and concerns. At stops in Manchester, Vicco, Whitesburg and Lynch, the residents over and over asked the federal officials to enforce the law and help create safe and healthy communities. Concerned mothers, teachers, students, retired coal miners, nurses, entrepreneurs, the unemployed and many others spoke directly to the EPA officials.

• We expressed our vision for a prosperous eastern Kentucky and shared our hope that by working together we could create economic opportunities so that our children won’t have to leave the region to find meaningful work.
• We expressed hope that those jobs would not put workers in danger, and would not do damage to our land and water.
• We asked for assurances that our drinking water not make us sick, and that those companies that are poisoning our water be stopped and held accountable.
• The mayor and residents of Lynch asked that mining not be allowed to destroy the town’s drinking water source and future economic potential.
• One family in Clay County asked that someone stop the dust and water pollution from a coal processing plant that a doctor told them is making their daughter sick.
• And we let it be known that one of the biggest obstacles to safe workplaces and healthy communities is systematic non-enforcement of the laws designed to protect our health and safety and inaction by the state and federal agencies.
  

As Kentuckians and members of KFTC, speakers also thanked and commended the EPA officials for coming to listen to the people most impacted by the decisions that they make regarding the issuing of permits and enforcing the law.

In Clay County, Anne Shelby described her community's efforts to protect their land and water through a Lands Unsuitable for Mining petition, which the state ignored and, as she says, often ridiculed. Listen to her passionate statement here (and check back on this blog throughout the week for more inspiring Kentucky voices speaking directly to the EPA):

After leaving Clay County, the caravan of Kentuckians and EPA officials headed to Knott County to hear from more community members.

 

The Hazard Herald printed a detailed article on this next stop on the EPA's visit, to the Cordia School in Knott County:

Ivy Brashear, [pictured above right] a Viper resident and graduate student at the University of Kentucky, thanked the EPA for changes that have been made to coal mining regulations recently. She said she believes that EPA officials have gone to bat for the environment[...]

“Thirty years is all we have left of the coal, 30 years and then they are gone,” she said. “They are going to leave here and we are going to be here with dirty water and dirty air and cancer clusters and birth defects.”

And to round out the first day, the EPA officials heard from a long list of folks from throughout eastern Kentucky. The Appalshop theater in Whitesburg was packed as KFTC members spoke about their concerns, including a barrage of recent studies that show the harmful impacts of strip mining and valley fills. Reporter Erica Peterson with WFPL-FM in Louisville followed along on the whole trip and had this to report on the Whitesburg stop:

Later that night, people packed into a theater in Whitesburg and testified about water pollution, the perils of an economy that’s too dependent on coal and the industry’s political influence.

“I want to talk for a moment about another insidious form of coal pollution," said former Kentuckians for the Commonwealth chair Doug Doerrfeld

“It is hard to overstate the degree to which the influence of coal has also polluted our democracy,” he said. “While coal mining provides just 1 percent of all jobs in the state and the industry contributes 2.5 percent of Kentucky’s economic output, the power of the industry’s money in our political system is overwhelming.”

The next day, the EPA wrapped up their trip in Lynch, in Harlan County. The Harlan Daily Enterprise reported on the story there:

“We have a beautiful area. Right now, it is virgin territory as far as surface mining goes, and we like to keep it that way,” said Stanley Sturgill, member of Lynch City Council and Kentuckians for the Commonwealth.

...

A statement by former council member Carl Shoupe captured what seemed to be the sentiment of many of those gathered.

“We’re not against coal, but we are asking the EPA to listen to us and help us preserve and save what we cherish. EPA is our last bastion,” said Shoupe.

Media coverage of the tour was extensive and came from a variety of sources. The local news station, WYMT, broadcast two reports on the tour, one on the community testimony in Whitesburg and one on the stop in Lynch.

Throughout the trip, Keyes Fleming and Garcia stated that environmental justice is important to the administration and that low-income and minority voices need to be heard in the decisions that affect them most, particularly as they relate to pollution. Keyes Fleming said the residents who spoke to them throughout the trip were heard "loud and clear."

By Friday, the internet and airwaves were full of complaints from the coal industry about the visit. In their wrap-up, WFPL reported on the controversy:

[Charles Baird of the Coal Operators and Associates] criticized the lack of advance notice to members of the media other than WFPL. But there were local media outlets at each event.

And two employees from the state Division of Water were present. Also, Bill Bissett of the Kentucky Coal Association confirmed that he was notified of the tour, and the EPA offered to meet with coal supporters for an hour on Friday.

But many members of the mining industry were at a conference in Lexington.

Soon, we will report more on the backlash from the coal industry and the coal politicians--and KFTC's response to their irresponsible statements.

Perry County resident Pam Maggard told EPA officials that if coal mining continues in Eastern Kentucky, there needs to be a bigger emphasis on safety and environmental issues.

“If they are going to mine then they need to do it with regards to miners’ safety and community health and safety,” said Maggard. “We need clean air; you can see how dusty it is here. We need homes left on their foundations. We need clean water. We can find another electricity source, we can’t find water.”
...
Tiffany Stiles, a 2011 graduate of Cordia, is currently a radiology student at Hazard Community and Technical College. She and her fiancé and hoping to build a home, but she fears the land they have may end up being negatively affected by coal mining.

“I don’t want to have to move away to build a life,” said Stiles.

An editorial this morning in the Lexington Herald-Leader reminds us of the open-door access the coal industry has to the governor's office. This results in many policies and acts that hurt people and communities while doing the industry's bidding.

One example cited is the decision by the Beashear administration to appeal to the Kentucky Supreme Court three lower court rulings that have allowed citizens to intervene in a Clean Water Act enforcement case involving thousands of violations. Energy and Environment Cabinet Secretary Len Peters already has admitted his agency does not have the resources to fully enforce the law and has decried legal cases that consume more resources. Yet he is willing to squander more of these resources to prevent citizens from getting to the bottom of his agency's failure to enforce laws protecting people and our water.

Read the Herald-Leader editorial here.

The mountain of coal ash at LG&E's Cane Run Power Plant in Louisville. Photo by Beth Bissmeyer

WFPL-FM, a public radio station in Louisville, aired a three-part series on coal ash this week. Reporter Erica Peterson helped document the health problems that coal ash, escaping from Louisville Gas & Electric's coal-burning power plant and coal ash landfill located in residential neighborhoods, are causing for area residents.

The series can be accessed in whole or individual parts:

Part 1      Part 2      Part 3

The series is available to other public radio stations in Kentucky through the Kentucky Public Radio network. If your local public radio station has not broadcast the coal ash series, please ask them to do so.

Kentucky has the fourth-most toxic air among states, a newly released report found.

Toxic Power: How Power Plants Contaminate Our Air and States found that 77% of the toxins overall and 89% of mercury emissions in Kentucky air come from coal-burning power plants. The analysis was jointly released by the Natural Resources Defense Council (NRDC) and Physicians for Social Responsibility (PSR) and based on self-reported data from the polluters.

Exposure to toxic pollution from power plants, including hydrochloric acid, fine particulates, mercury and other metals, is known or believed to contribute to or exacerbate a wide variety of health conditions, the report reminds us, including one or more of the following:

• Asthma and other respiratory ailments,
• Developmental disorders,
• Neurological damage,
• Birth defects,
• Cancer, and
• Premature mortality.

The NRDC / PSR report is consistent with a number of other studies, including one released in March by the American Lung Association that concluded, “Particle pollution from power plants is estimated to kill approximately 13,000 people a year.”

Source: Toxic Power: How Power Plants Contaminate Our Air and States, NRDC, 2011

Member Ivy Brashear has long thought about raising her children in her eastern Kentucky homeland.  After a recent study added to the growing volumes of evidence showing the correlation of increased health problems problems, including birth defects, in areas where radical strip mining is poisoning the land, air and water, she is now forced to reconsider that lifelong dream.

And she wonders why coal operators and many elected officials seem so indifferent to the consequences of their actions.

Her reflections were printed in the Lexington Herald-Leader on Saturday. Read them here.