KFTC along with the Sierra Club, Public Justice and the Appalachian Center for the Economy and the Environment asked the U.S. EPA today to rescind the state of Kentucky's authority to enforce the pollution discharge permitting program under the Clean Water Act.

The request was based on the state's widespread failure to protect the waters of the commonwealth, especially in coal mining areas.

“Citizens know when the companies violate the law here, but they’ve stopped reporting it because they know the agency won’t do anything to enforce the law,” said Rick Handshoe, a Floyd County resident and KFTC member. "It feels like the state has lost control of what happens here. It’s the coal companies that run the law of the land around here, not the Kentucky Division of Water (DOW)."

There is a growing preponderance of data that shows the poor quality of Kentucky's waterways:

• nearly 2,500 miles of streams already fail to meet water quality standards;
• coal mining is the identified or "suspected" pollution source for much of this;
• numerous additional miles of streams are being polluted as a result of DOW’s lax or sometimes non-existent water standards and pollution permit requirements;
• the DOW has regularly issued permits that fail to address key pollutants associated with coal mining and known to be harmful. such as toxic selenium and aluminum. In most cases DOW requires almost no water testing to actually determine whether or not the water is being contaminated.
• The cumulative pollution level in a stream is currently not considered when setting limits for specific mining operations. As a result the toxicity of downstream waters in recent testing was between 3 and 55 times higher than state standards.

“The problem is much more widespread and more serious than the state admits. We found high conductivity downstream from almost every mine site we tested," said Tim Guilfoile, deputy director of the Sierra Club's Water Sentinels program, which has done extensive water testing in Kentucky. High conductivity is an indicator of badly polluted water. Water with elevated conductivity may not support aquatic life.

The state also is giving inadequate emphasis to water quality programs, as evidenced by the chronic underfunding of the Division of Water. For example, only four permit writers develop and review more than 2,300 permits.

The petition asks the EPA to take over primary responsibility for enforcing the permitting program, known as the National Pollutant Discharge Elimination System (NPDES). The state currently has authority, granted to it by EPA, for enforcing this program – one of the key components of the federal Clean Water Act. But Kentucky’s water program has completely failed to prevent the widespread contamination of state waters by coal mining.

A copy of the petition is here.

At this juncture, we’re quite sure we have a little more than 60% support in the Kentucky Senate that we need to pass HB 70 - our proposed constitutional amendment to restore voting rights to former felons who have served their debt to society. 

We also have nine votes in the Senate State and Local government committee that the bill is presently in.  That’s two more votes than we need in the committee of 12 people.  

But just because we have the votes we need, it doesn’t mean that we’re sure we’ll win.
Incredibly, State and Local Government Committee Chairman Senator Damon Thayer (presumably backed up by Senate President David Williams) will still not allow the bill to come up for a vote. 

The campaign is now focused overwhelmingly on just two targets - convincing Thayer and Williams to allow the vote to be heard.

One of the most-effective things that you can do is to write a letter to the editor today.  It's faster and easier than you think (maybe even just 15 minutes)  and can make a real impact.

For maximum effect, send your letters to the Herald-Leader, the Courier Journal, or the Georgetown News-Graphic (Thayer's hometown newspaper).  Click on the name of the paper to go to a simple online form to send your letter.

Possible points or themes to use, but just pick one and keep it simple:

- Allow the Voting Rights bill to come to a vote in committee.  We have the votes to pass it and it's an obstruction of basic democracy for Thayer to block the vote.  Let the people decide!

- Kentucky is one of just two states that doesn't automatically restore voting rights to any former felons once they've served their time.  Once someone has served their debt, it's only fair.

- Tell a short  personal story about why this issue is important to you.  That's usually the most powerful thing to communicate.

You can also take a moment to contact these two key legislators personally to ask them to allow HB 70 to be heard – or contact your own senator to help put pressure on them.

Senator David Williams

Senate District 16
Clinton, Cumberland, McCreary, Monroe, Wayne, and Whitley counties

Email Form

Mailing Address
PO Box 666
Burkesville KY 42717

Frankfort Address
702 Capitol Ave
Annex Room 236
Frankfort KY 40601

Phone Numbers
Home: (270) 433-7777
Frankfort: (502) 564-3120

Senator Damon Thayer

Senate District 17
Grant, southern Kenton (southern), Owen, and Scott Counties

Thayer's Email Form

Thayer's Facebook Page

Mailing Address
102 Grayson Way
Georgetown KY 40324

Frankfort Address
702 Capitol Ave
Annex Room 209
Frankfort KY 40601

Phone Numbers
Home: (859) 621-6956
Frankfort: (502) 564-8100 Ext. 644

Nine KFTC members sat in a semicircle with a four-foot scroll in front of them. They had come to Frankfort Thursday to declare the need for real political leadership.

One by one, they read paragraphs from “The Unified Declaration of Members in Good Standing of the Commonwealth of Kentucky.” Modeled after the Declaration of Independence, the statement included the words “We hold these truths to be self-evident …” and went on to state:

We believe that embedded within these rights that have defined our nation are additional rights to be respected and preserved, that among these are the right to breathe clean air and drink safe water, the opportunity of a basic education for our children and safe employment. We believe everyone should enjoy the opportunity to worship freely and the right to speak openly without fearing for their jobs or attack from their neighbor.

The Declaration included specific grievances about the legislature’s dominance by the coal industry and its eagerness to please powerful energy interests while ignoring the needs of its constituents. Members called on Governor Steve Beshear and House leaders Greg Stumbo and Rocky Adkins to:

• Invite a genuine, open conversation among all stakeholders leading to a new vision and ideas for a more prosperous, healthy and sustainable economy in Kentucky, and especially in our Appalachian counties.
• Call for an immediate end to extreme and sometimes violent speech that is being aimed at citizens who are working to protect Kentucky’s land, air and water.
• Oppose legislation that puts the interest of the coal industry ahead of the public interest.
• And vigorously support clean energy legislation and the Stream Saver Bill.

Members also asked that a new chair and members of the House Natural Resources & Environment Committee, who are not among the legislature’s strongest pro-coal and anti-environment members, be appointed.

“It is not an accident that the committee has a preponderance of coal interests on it,” said Doug Doerrfeld. “All that we are asking is that they be representative of all the people.”

In written documentation of the grievances, they cited a remark by committee vice-chair Rep. Keith Hall, sponsor of numerous pro-coal/anti-people bills, regarding his appointment by House leaders as co-chair of an interim energy committee: “I don’t think I got that position by accident.”

Kentucky author Wendell Berry and retired miner Carl Shoupe

Following the reading, members answered questions from the press. That included explaining the difference between supporting coal miners and supporting the coal industry. They provided oral and written examples of how miners are disrespected and harassed, by legislators and the industry, just as those fighting against mountaintop removal are.

KFTC and people in eastern Kentucky are not supporting “coal, the industry, but coal, the worker, which is different than supporting everything the industry perpetuates on a community,” explained Beverly May.

Asked about electing better leaders, Patty Wallace replied: “We’d love to send somebody else, but our hands are tied by the coal industry.”

Member Carl Shoupe agreed. “Coal has such a stranglehold in Eastern Kentucky. People dislike mountaintop removal. People dislike strip mining.”  But he explained that almost no family in his community is not tied to coal in some way, through a direct or indirect job of family member – and they feel that threat.

While the Kentucky legislature has generally ignored the economic and environmental consequences of coal, it did get a few minutes today to consider the effects on human health when the House Committee on Health and Welfare gave KFTC 20 minutes on its agenda.

Our three panelists made those 20 minutes count, focusing on the dangers not only to coal miners but to the health of whole communities in the coalfields.

KFTC member Beverly May, a nurse practitioner who works in Perry County, said she sees miners who have contracted lung diseases from exposure to coal dust and silica dust. “At home in Floyd County, I have friends in Hueysville, David and Allen that are plagued by dust from both nearby strip mines and from coal trucks passing by their homes. This is the same sandstone dust which causes silicosis in the workers, so I have to wonder, what does it do to children with asthma or elders or anyone who breathes it every day?”

She described the headwaters of Raccoon Creek, which are now polluted from nearby mining. “So I have to wonder, is the public water supply safe?”

Beverly May

Dr. Michael Hendryx

“The coal industry isn’t answering these questions because they don’t have to,” said May. “This body and the federal government have not held them fully accountable.”

Dr. Michael Hendryx, director of the West Virginia Rural Health Research Center and an associate professor at West Virginia University, said his research has revealed higher rates of chronic heart, chronic lung and renal failure mortality rates in coal-producing areas than in the rest of Appalachia or the nation, even after the rates have been adjusted for other factors such as smoking, age and education.

“We have some evidence that the effects become stronger as the level of mining increases,” Dr. Hendryx said. He attributed this to “significant impairment of air and water quality near mines.”  He also noted that poverty and economic disadvantage are major predictors of public health and that mining areas have the highest poverty rates.

A couple of Dr. Hendryx's reports can be found here and here.

Nancy Reinhart read a statement from Dr. Paul Epstein, associate director of the Center for Health and the Global Environment at Harvard Medical School. Among other findings, Epstein stated that 19 of the known chemicals used and generated in processing coal are known cancer-causing agents, 24 are linked to lung and heart damage, and several remain untested as to their health effects.

The oral testimony was supplemented with dozens of pages of documentation and medical research given to committee members.

Bill Bissett, president of Kentucky Coal Association, asked to rebut and was given a couple of minutes. He did not say burning coal or dumping toxic mining wastes in streams improved anyone’s health or offer any refuting evidence, but did say the coal industry offers some scholarships to eastern Kentucky students to go to medical school.

Here's a video of the 21-minute hearing.

Momentum is on our side!  We've convinced a lot of key senators to support our Voting Rights bill in the last few days, in part because of your calls and other actions.

Our ally organizations across the state are all encouraging their members to call in today, so we're hoping to generate a thousand or more calls!  Even if you've called before, please call again today. 


Take Action:

Take just three minutes to continue the push to restore voting rights for 186,000 former felons in Kentucky once they've served their debt to society.

Call the Legislative Message Line (1-800-372-7181) as soon as you can, and ask to leave a message for "Senate Leadership, Senate State and Local Government Committee," and your own Senator.

The line is open until 11pm.

Message: "Please vote yes on House Bill 70."


PS - KFTC and our voting rights allies will be hosting a Voting Rights Rally and Lobby Day on March 4th.  We hope you can join us

We also have a great Singing For Democracy Gospel Fest in Louisville this weekend.

We had a powerful Voting Rights Strategy meeting on this past Saturday in Lexington, bringing out a total of 35 people from all over the state, including former felons, long-time voting rights activists, and people who are new to the campaign.  The focus was on building our legislative strategy to pass HB 70 - our bill to restore voting rights to former felons who have served their debt to society.   

Allies represented included The Beacon House, KY Alliance Against Racism and Political Repression, KY Jobs with Justice, ACLU, People Advocating Recovery, The KY Quakers, and the Central KY Council for Peace and Justice, as well as many KFTC Chapters.

Much of the beginning of the agenda focused on finding common ground and learning from each other - what we've accomplished as individual organizations and rooting ourselves in the reasons this campaign matters to us. 

Senate legislative strategy was also key - identifying key legislators and thinking about who we know in their districts and what it would take to move them to strongly support HB 70, our bill to restore voting rights to former felons.

Another big part was about making commitments - to generate letters to the editor, bring people to Frankfort, conduct education activities and door-to-door work, and enhance our ability to tell stories of former felons through videos and interviews.  We spent a lot of time making plant to bring as many people as we can to our March 4th Voting Rights Lobby Day in Frankfort.

Another result of the meeting was that we've set a statewide voting rights call-in day for Tuesday, February 23rd.  On that day, all of our allies will encourage members to call-in via the legislative message line, focusing on Senators, asking them to support HB 70. 

 We hope that you can plan to join us for our major voting Rights Lobby Day on March 4th and can also join us in calling and writing your KY Senator about this important issue.

As part of this year’s “I Love Mountains” day, more than 20 KFTC young people – all between the ages of 5 and 25 – met with five members of Governor Beshear’s staff.  The purpose of the meeting was to discuss concerns about the harm that mountaintop removal coal mining creates as well as talk about creating a transition towards a clean and sustainable energy economy.  The KFTC meeting was entirely youth-planned and youth-led.

Six-year old Makayla Urias from Pike County shared what it is like living next to a mountaintop removal operation.  She talked about her polluted water, being scared from the large blasting noises, and having to cover her face when going outside because of the dust pollution.  She even brought some of her dirty water to share with the Governor’s office. 

The young KFTC members presented scientific information about the pollution and destruction created by mountaintop removal coal mining.  They also presented information about the economic benefits and jobs that could be created in Eastern Kentucky and the rest of the state if Kentucky chose to invest in energy efficiency and renewable energy alternatives.

The group used a large board to list the questions they asked the administration with a space to mark answers they received as a “yes”, “no”, or “waffle.”  By the end of the meeting, the group received a commitment to meeting with Governor Beshear within a month.  The youth delegation is excited to begin preparing to meet with Governor Beshear.  They are even talking about having their next planning meeting over waffles! 

Below is a complete summary of their questions and responses received.

1.) Will Governor Beshear support S.B. 139 and H.B. 416, the Stream Saver Bill?
    Answer:  Waffle

2.) Will the Governor create and announce a plan to end mountaintop removal and valley fills coal mining?
    Answer:  No

3.) Will Governor Beshear support H.B. 408, the Clean-Energy bill?
   Answer:  ? (Will get back to us soon once they study the bill – stay tuned for their response.)

4.) Will the Governor begin working vigorously to create new, green jobs and a new clean energy economy in Kentucky, especially for coal-producing areas and workers?
    Answer:  Yes

5.) Will Governor Beshear meet with KFTC – within a month – to talk about mountaintop removal and Kentucky’s clean energy future?
    Answer:  Yes

Here is a 7-minute video summary of their meeting.  Click on the video to watch it.

KFTC youth-led "I Love Mountains" meeting with Governor Beshear from Kentuckians For The Commonwealth on Vimeo.

Here is a 2-minute video summary of just the discussion around renewable energy possibilities in Kentucky.

"Renewable is Doable" KFTC youth meeting with Beshear Administration from Kentuckians For The Commonwealth on Vimeo.

Yesterday's I Love Mountains Day rally was a really phenomenal event.  We had approximately 850 people who marched and rallied on the steps of the Capitol, a wonderful slate of energizing speakers and musicians, and lot of good media coverage, including a front page article in the Lexington Herald-Leader.  Thanks to everyone who came out, our speakers, and those who helped organize the event.  We pulled together the video above to show some highlights from the day.  Check out our blog next week for more videos from the rally.

For those of you who won't be able to make it to I Love Mountains Day tomorrow, check back here a little before 11 a.m. to follow along with us online.  We will be streaming live video, photos, and blogging from the crowd.

Live Video

Live blogging and twitter

HB 70, our bill to restore voting rights to former felons who have served their debt to society, just passed the House floor 83-16, with strong majorities of both Democrats and Republicans voting Yes!

Rep Jesse Crenshaw (D) and Lonnie Napier (R) spoke out strongly on the House floor in favor of the legislation.

Click Here for a PDF list of legislators who voted for HB 70.  Please thank them with a call or an email - particularly if your own Representative is on the list. 

This win closely follows our victory last week in which the same bill passed out of House committee unanimously.

Congratulations to everyone who has helped make this possible!

Now the real challenge begins in the Senate.  Pick up that phone and Call your Senator, write a letter to the editor, and otherwise spread the word, then join us for our major lobby day and rally in Frankfort on March 4th!

We can win this.