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Letters-to-the editor tips
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LEXINGTON, KY — “Market forces, not the regulators reviled by McConnell, are what’s killing the coal industry in Eastern Kentucky. And the industry is not rebounding any time soon, say experts, because the region’s thin seams are too costly to mine and therefore can’t compete on price.
That a big chunk of people also hold out hope that a coal boom could be ignited in Central Appalachia, if only Congress reined in the Environmental Protection Agency, is not surprising. Human nature craves simplicity over wrestling with complex, scary questions about the future. So the 39 percent who said ‘no’ can be forgiven.
What’s becoming unforgiveable is the eagerness of politicians like McConnell and his co-sponsor, Rep. Shelley Moore Capito, R-W.Va., and a slew of Kentucky Democrats to oversimplify and demagogue the challenges facing the coal-mining regions of Central Appalachia.”
— editorial, Lexington Herald-Leader
link to article
Law gives agency power over permits, 3-0 ruling says
 Mountain Justice activists rally in front of the EPA in Washington, DC.
CHARLESTON, WV — “The U.S. Environmental Protection Agency was clearly within its legal authority when it rejected a permit for one of the largest mountaintop removal mines in West Virginia history, a panel of three federal appeals court judges ruled Tuesday.
The U.S. Court of Appeals for the District of Columbia panel — made up of three Republican-appointed judges — reversed a lower court ruling that had thrown out the EPA’s veto of the Clean Water Act permit for Arch Coal Inc.’s Spruce Mine in Logan County.
Writing for the unanimous panel, Judge Karen LeCraft Henderson said federal law gives the EPA authority to veto permits that agency officials believe the U.S. Army Corps of Engineers was wrong to issue.”
— Ken Ward, Jr., Charleston Gazette
link to article
 Rep. Nick Rahall
CHARLESTON, WV — “One alert Coal Tattoo reader wondered what Rep. Nick Rahall — whose district is home to more mountaintop removal than any other — made of this renewed legislative effort. Of course, we had a long interview with Rep. Rahall about this a while back (nearly two years ago now) here on this blog.
…So this week, when the legislation was reintroduced, I asked Rep. Rahall’s office some questions along these lines: Why isn’t Rep. Rahall a co-sponsor of the bill? Why are members of Congress from outside of the district where most MTR occurs the forces behind this effort to protect the health of area residents? What steps — if any — has Rep. Rahall taken to either evaluate the health impacts of MTR or take action to reduce those impacts?
I’ve mentioned before on this blog that I’ve always found Rep. Rahall very open with the media, and very gracious with his time in answering my questions. But this time, it took repeated emails and phone calls to get even this from spokesman John Noble:
Don’t have any comment for you on this and sorry for the delay in responding.”
— Ken Ward, Jr, Charleston Gazette
link to article

WASHINGTON, DC – “Congressman John Yarmuth (KY-3) and Congresswoman Louise Slaughter (NY-25) introduced the Appalachian Community Health Emergency Act (H.R. 526), legislation that would require the first comprehensive federal study of the health dangers of mountaintop removal coal mining. The legislation would place a moratorium on all new mountaintop removal mining permits while federal officials examine health consequences to surrounding communities.
…Evidence is mounting that people living in communities near mountaintop removal coal mining sites are at an elevated risk for a range of major health problems. While there has long been anecdotal evidence to support this conclusion, recent peer-reviewed research has examined the question more systematically and revealed compelling results.
One peer-reviewed study in Environmental Research found that communities near mountaintop removal mining sites showed elevated levels of birth defects – including circulatory and respiratory problems, and damage to the central nervous system, muscoskeletal and gastrointestinal systems – when compared with communities surrounding non-MTR mines. [Read the study here.]”
— press release, Congressman John Yarmuth
link to full release
 Seven protesters locked to a 500-pound tree inside Arch Coal’s headquarters in Creve Coeur, Mo.
CHARLESTON, WV — “Seven people, including at least one West Virginian, locked themselves to a 500-pound potted tree inside Arch Coal’s headquarters in Creve Coeur, Mo. on Tuesday in a protest against strip mining.
A larger group performed songs and dances in the building’s lobby, according to the protesters, who are affiliated with the groups Radical Action for Mountain Peoples’ Survival, Missourians Organizing for Reform and Empowerment, and Mountain Justice.
‘We’re here to halt Arch’s operations for as long as we can. These coal corporations do not answer to communities, they only consume them. We’re here to resist their unchecked power,’ Margaret Fetzer, one of the protesters, said in a news release.”
— Paul J. Nyden, The Charleston Gazette
link to article

CHARLESTON, WV — “Earlier this week, the National Journal published a piece called The Shift Of King Coal: The coal industry still dominates in Appalachia, and that’s bad news for the Democratic party. Here’s how it started out:
When West Virginia Sen. Jay Rockefeller formally announced his decision to quit the Senate on Friday, he opened the next chapter in one of the few true historic shifts taking place in American politics. Even before his announcement, Republicans were eyeing his seat as a prime pickup opportunity, a reflection of the ascendance of the Republican Party in Appalachia, a shift in which working-class white voters who have reliably cast ballots for Democratic politicians for the better part of a century are moving inexorably, and perhaps permanently, toward the Republican Party.
That’s because in Appalachia, coal is still king.
The piece reminded me of the one that the Wall Street Journal published way back in June 2001, in which it explained George W. Bush’s victory in West Virginia with this similar, one-issue narrative.”
— Ken Ward Jr., Charleston Gazette
link to blog
 Rev. Robin Blakeman
CHARLESTON, WV — “Dear West Virginia Coal Association representatives and affiliated elected officials:
We, undersigned faith community members and leaders, call upon you to stop using misleading and incendiary language concerning a ‘war on coal.’ The damage caused in our communities from this rhetoric includes: neighbor pitted against neighbor, families divided, coal trucks trying to run people off the road, and threats upon the lives and property of some individuals.
Let’s face facts: There is no ‘war on coal.’ The coal industry is undergoing an economic downturn due largely to competition from the gas industry. Jobs are being lost due to decades long labor reduction strategies. This ‘war on coal’ war cry has, however, rallied mining employees and their families to a dangerous frenzy. By using this rhetoric, you are following the divisive strategy that the coal industry has used for over a century. It is an archaic and outdated tactic. It is also immoral.”
— Rev. Robin Blakeman, editorial The Charleston Gazette
link to editorial
 The Obama administration has used studies by professor Michael Hendryx to justify increased oversight of mining. Photo by Manuel Quinones.
MORGANTOWN, WV — “It didn’t take long for the new associate professor at West Virginia University to give the state’s most powerful industry a bad case of heartburn.
Michael Hendryx’s first study at the Department of Community Medicine, launched not long after his 2006 arrival here from the Pacific Northwest, focused on coal mining’s effects on public health. He compared mining data with a large survey of West Virginians to see whether there was a correlation between mining — notably, mountaintop-removal projects — and medical problems.
‘I remember working on merging the data sets together and trying to control for age and smoking rates and poverty and these other risk factors and finally setting up the model, hitting the run button and not knowing what I would see,’ he recalled in a recent interview. ‘Sure enough, there it was. I said, ‘Oh my God!’ I was surprised, frankly.’”
— Manuel Quinones, Environment & Energy News
link to article

CHARLESTON, WV — “West Virginia’s political leaders continue to say very, very little about the major news latest week that one of the region’s largest coal producers is moving away from — and eventually abandoning altogether — the use of mountaintop removal and all other types of surface coal mining.
As noted previously, we finally did get a comment from Sen. Jay Rockefeller, D-W.Va.:
There is a lot of change happening in the coal industry, and it’s important that we all work through these issues together and focus on investing in clean coal for the future. I’ve made it clear to Patriot that I have very real concerns about protecting miners’ health and pension benefits, and I hope this is a step in that direction. They need to stand by the promises they’ve made to their miners.
And a bit later, we got this comment from Gov. Earl Ray Tomblin:
The Governor hopes this decision the company has made will help them recover financially and continue to produce and employ in the West Virginia coal industry.
Oddly enough, one of the most substantive comment so far came from Rep. David McKinley, R-W.Va., who issued this statement:
Our sympathy goes out to the miners impacted by this decision as they face an uncertain future in a sluggish economy. We are concerned for both the miners who may be laid off over time and for the families in surface mining communities. Like many other companies in the industry, Patriot is being forced to make some painful choices. Faced with a difficult situation, Patriot is making an effort to ensure its long term health for its employees while being sensitive to the environment.
Rep. McKinley is right that coal companies are being forced to make some painful choices — painful especially for their employees and the communities where they live. But even his statement didn’t really focus on what’s really happening here, are at least part of what’s happening: When forced to comply with the law, coal companies find that the costs of mountaintop removal are so high that they can’t do that type of mining and make the sort of profit their want.”
— Ken Ward Jr., Charleston Gazette
link to article

Seated: Sammy Marsh, Molly Lutz, Sammi Tuckerman First row: Rob Rosin, Jessica Kramer, Mari-lynn Evans, Rachel Saudek, Sandy Buchanan, Lynn Rooks, Mariah Gonzalez. Second row: Paul Ryder, Kate Aylward, Jane Holt. Third row: Ann Soika, Nathan Rutz, Josh Biszantz
 U.S. Senator and former West Virginia Governor Joe Manchin.
CHARLESTON, WV — “Now it’s become pretty common over the last four years that any development about mountaintop removal or the coal industry in general — especially if it’s something perceived as another overreach by the Obama administration –prompts West Virginia political leaders to fall all over themselves to get out press releases offering their views.
But a funny thing happened today when word emerged from federal court in Huntington that Patriot Coal had reached a deal with three citizen groups to phase out its use of mountaintop removal and to, eventually, ‘permanently exit large-scale surface mining’ — silence. As I write this, after 6:30 p.m. on Thursday, I’ve gotten only one statement from Gov. Earl Ray Tomblin and our state’s congressional delegation.“
— Ken Ward Jr., Charleston Gazette
link to article
 As part of a deal with citizen groups, Patriot Coal is going to retire this dragline mining machine that is currently used at its Hobet complex along the Boone-Lincoln County line. photo: Vivian Stockman
HUNTINGTON, WV — “Patriot Coal has agreed to phase out mountaintop removal and other forms of strip mining in a move Patriot officials say is in the best interests of the company and the communities where it operates.
In a deal with citizen groups, Patriot said it would never seek new permits for large-scale surface mining operations, according to details of the settlement revealed during a federal court hearing here this afternoon.
St. Louis-based Patriot can continue some existing and smaller mining projects, but must also implement a cap on surface production and eventually stop all strip mining when existing coal leases expire.
The surprise deal does not require Patriot to immediately close any mines or lay off any workers. The company must cut corporate-wide surface production starting in 2014, and gradually reduce it to no more than 3 million tons annually – less than half of 2011 surface output – by 2018.”
— Ken Ward Jr., Charleston Gazette
link to article

PITTSBURGH, PA — “Calling the uncertain future of Central Appalachian coal mining the ‘elephant in the room,’ industry consultant Alan Stagg said he expects mining in the high-cost region to cease in the next 10 to 20 years.
Speaking at Platts Coal Marketing Days on Sept. 21, Stagg said producers in Central Appalachia need to accept that difficult physical mining conditions, combined with inescapable regulatory restrictions, will soon erase profitability.
‘This is the elephant in the room. No one wants to acknowledge that reserve depletion is profound,’ said Stagg, president and CEO of Stagg Resource Consultants Inc. ‘Mining conditions are difficult, and the cost to produce is high. That is a physical fact. It’s not pleasant. Nobody wants to acknowledge it. That is a fact, and companies that ignore that fact will not do so well.’”
— Darren Epps, SNL
link to article
 In a photo taken three years ago at a celebration at his Kayford Mountain home, the late Larry Gibson dances with his wife Carol.
CHARLESTON, WV — “Gibson was honored during an Oct. 14 memorial service by the many friends, family and fellow activists who came to know him over the years. Gibson, a resident of Raleigh County, died of a heart attack at the age of 66 on Sept. 9.
The Keepers of the Mountain Foundation, an organization formed by Gibson in 2004, hosted the memorial. Gibson frequently appeared in new media, books, movies and other communication deriding the practice of mountaintop mining, particularly at his 50-acre property on Kayford Mountain.
…Another nationally known figure in the fight against surface mining, former U.S. Rep. Ken Hechler, 98, said he and Larry knew when they first met they stood for the mutual principles of love, devotion, truth and justice. Hechler was behind the Coal Mine Safety and Health Act of 1969 and has been a vocal opponent of mountaintop mining.
“We knew instinctively that we both stood for the same principles of truth and justice” Hechler said. “We did not call it anti-mountaintop removal. We could just feel in our hearts that we were both fighting for truth and justice. … Larry Gibson will live forever in our hearts.”
— Taylor Kuykendall, State Journal
link to article
— Lori Kersey, Charleston Gazette

CHARLESTON, WV — “Friends and family of Larry Gibson, the ‘Keeper of the Mountains,’ will celebrate his life and legacy on Sunday, October 14 from 2 to 6 p.m. at the Charleston Municipal Auditorium, on the corner of Virginia and Truslow Streets, across from the Charleston Town Center Mall. The public is encouraged to attend to help celebrate Larry’s life and legacy.
Larry died of a heart attack on Sunday, September 9, while working on his family’s land on Kayford Mountain, which he spent the last decades of his life protecting from mountaintop removal. Larry successfully protected fifty acres of his homeplace on Kayford Mountain and he inspired people nationwide to take action to stop mountaintop removal coal mining.
The program for ‘Celebrating Larry Gibson: The Life and Legacy of the Keeper of the Mountains” will feature family, friends, prominent activists, West Virginia residents, musicians and preachers. This event will be preceded by the annual Changing of the Leaves Music Festival that starts at 1:00 PM on Saturday, October 13th on Kayford Mountain.”
— Keeper of the Mountains Foundation
— Mathew Louis-Rosenberg, Op-Ed commentary, Charleston Gazette
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Letters supporting the Fracking Emergency Medical Right to Know Act 7,672 neighbors have sent handwritten letters and made personal phone calls urging state legislators to support the Fracking Emergency Medical Right to Know Act as of May 14, 2013.
Ohio coal-fired power plants
Mountaintop removal coal mining
Letters to Senator Sherrod Brown and Senator Rob Portman 6,615 members have sent handwritten letters and petitions to Senator Brown urging him to support US EPA rules that will protect our health from polluting coal plants as of January 24, 2012.
3,751 members have petitioned Senator Portman urging him to support US EPA rules that will protect our health from polluting coal plants as of January 24, 2012.
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