January 2011 - EC - lists.cheatlakeclear.org

emails/letters to Rahall & Rocke
by Jim Sconyers 14 Jan '11

14 Jan '11

Hi folks - We need to get emails and or letters to Rahall and Rockefeller supporting EPA's recent denial of the Spruce MTR permit. We can use our Convio system to enable members to send email or fax. Would need the introductory email to members telling briefly what happened, why it is good, and how they can help (by clicking to go to next screen). Then would need a sample email or talking points suggesting what they could say. Way it works is then they can click and the msg goes directly to designated recipients - Rahall and Rockefeller in this case. We need someone to take charge of this small project. Can you please? Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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Barbara F. - Legislators are seeking stricter drilling rules
by Jonathan Rosenbaum 14 Jan '11

14 Jan '11

Legislators are seeking stricter drilling rules (http://www.weirtondailytimes.com/page/content.detail/id/557436.html) Barbara F. has introduced HB 2403.

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Fw: Breaking news: EPA vetoes Spruce Mine permit !!
by Jim Sconyers 13 Jan '11

13 Jan '11

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Chuck Wyrostok <wyro(a)appalight.com> To: Jim Sconyers <jim_scon(a)yahoo.com> Sent: Thu, January 13, 2011 10:59:14 AM Subject: Breaking news: EPA vetoes Spruce Mine permit !! Wow !! Chuck Wyrostok Sierra Club Outreach Organizer Toll free 877 252 0257 E : wyro(a)appalight.com www.frackcheckwv.net www.marcellus-wv.com ________________________________ From:wvec-board@yahoogroups.com [mailto:wvec-board@yahoogroups.com] On B ehalf Of Daniel Chiotos Sent: Thursday, January 13, 2011 10:39 AM To: build-it-up-wv-participants; wv-yalcoordinators; wvec-board Subject: [wvec-board] B reaking news: E PA vetoes Spruce Mine permit Breaking news: EPA vetoes Spruce Mine permit January 13, 2011 by Ken Ward Jr. Word is just coming down that the U.S. E nvironmental Protection Agency has vetoed the largest single mountaintop removal permit in West Virginia history. The move is part of an Obama administration crackdown aimed at reducing the effects of mountaintop removal coal-mining on the environment and on coalfield communities in Appalachian — impacts that scientists are increasingly finding to be pervasive and irreversible. The final E PA decision document is available here. E PA officials this morning were alerting West Virginia ’s congressional delegation to their action, and undoubtedly preparing for a huge backlash from the mining industry and its friends among coalfield political leaders. In making its decision to veto the U.S. Army Corps of E ngineers’ approval of the 2,300-acre mine proposed for the B lair area of L ogan County , E PA noted that it reviewed more than 50,000 public comments and held a major public hearing in West Virginia . E PA officials said their agency is “acting under the law and using the best science available to protect water quality, wildlife and Appalachian communities who rely on clean waters for drinking, fishing and swimming.” Peter S. Silva, E PA’s assistant administrator for water, said: The proposed Spruce No. 1 Mine would use destructive and unsustainable mining practices that jeopardize the health of Appalachian communities and clean water on which they depend. Coal and coal mining are part of our nation’s energy future, and E PA has worked with companies to design mining operations that adequately protect our nation’s water. We have responsibility under the law to protect water quality and safeguard the people who rely on clean water. The agency also said: EPA’s final determination on the Spruce Mine comes after discussions with the company spanning more than a year failed to produce an agreement that would lead to a significant decrease in impacts to the environment and Appalachian communities. The action prevents the mine from disposing the waste into streams unless the company identifies an alternative mining design that would avoid irreversible damage to water quality and meets the requirements of the law. Despite E PA’s willingness to consider alternatives, Mingo L ogan did not offer any new proposed mining configurations in response to E PA’s Recommended Determination. In addition, E PA argued: EPA believes that companies can design their operations to make them more sustainable and compliant with the law. L ast year, E PA worked closely with a mining company in West Virginia to eliminate nearly 50 percent of their water impacts and reduce contamination while at the same time increasing their coal production. These are the kinds of success stories that can be achieved through collaboration and willingness to reduce the impact on mining pollution on our waters. Those changes helped permanently protect local waters, maximize coal recovery and reduce costs for the operators. Readers will recall that the Obama EPA began looking more closely at the Spruce Mine in September 2009. B ut debate over the proposed operation dates back to the late 1990s, when then-U.S. District Judge Charles H. Haden II issued an injunction that blocked the mine, which then was proposed for more than 3,000 acres. After the Haden ruling, the company reduced the size of its proposal and the operation underwent much more intense scrutiny, in the form of a full-blown E nvironmental Impact Statement by the Corps of E ngineers, which approved the new mining configuration in January 2007. Cheers, Daniel Chiotos 2206 Washington St E . Charleston , WV , 25311 (304)886-3389 {www.seac.org} {http://bit.ly/builditupwvfacebook suggest the B uild It Up, WV Page to your Facebook folks today and help publicize an effort to build healthy economies in the WV Coalfields} __._,_.___ Reply to sender | Reply to group | Reply via web post | Start a New Topic Messages in this topic (1) R e c e nt Activity: Visit Your Group Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use . __,_._,___

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Fwd: EPA vetoes Spruce Permit!
by Paul Wilson 13 Jan '11

13 Jan '11

---------- Forwarded message ---------- From: Verena Owen <verena_owen(a)prodigy.net> Date: Thu, Jan 13, 2011 at 11:00 AM Subject: EPA vetoes Spruce Permit! To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org EPA vetoes water permit for W.Va. mountaintop mine By VICKI SMITH - Associated Press [image: Bookmark and Share]<http://addthis.com/bookmark.php?v=250&pub=mianalytics> [image: email this story to a friend] E-MAIL<http://www.bnd.com/2011/01/13/1549733/epa-vetoes-water-permit-for-wva.html?…>[image: print story] PRINT<http://www.bnd.com/2011/01/13/v-print/1549733/epa-vetoes-water-permit-for-w…> TEXT SIZE: MORGANTOWN, W.Va. -- The Environmental Protection Agency said Thursday it is revoking a crucial water permit for West Virginia's largest mountaintop removal mine, formalizing an action it first threatened nine months ago. Assistant Administrator for Water Peter S. Silva said Arch Coal's Spruce No. 1 mine in Logan County would use "destructive and unsustainable" mining practices that jeopardize the health of Appalachian communities and cause irreparable damage to the environment. Arch did not immediately comment. The nearly 2,300- acre operation would bury 7 miles of stream, and EPA ruled it would likely harm downstream water quality. EAP said it was acting within its legal authority revoking a permit issued by the U.S. Army Corps of Engineers in 2007 and "using the best science" to protect water quality, wildlife and people. "Coal and coal mining are part of our nation's energy future, and EPA has worked with companies to design mining operations that adequately protect our nation's waters," Silva said. "We have a responsibility under the law to protect water quality and safeguard the people who rely on clean water." Michael Brune, executive director of the Sierra Club, praised the ruling as "a strong commitment to the law, the science and the principles of environmental justice." National Mining Association President Hal Quinn said EPA's action threatens the certainty of all similar permits that have been issued, "weakening the trust U.S. businesses and workers need to make investments and secure jobs." Spruce No. 1 went through a "robust 10-year review" process, he said, and the project has complied with every permit requirement. St. Louis-based Arch has long argued that killing the project would hurt West Virginia's economy and tax base, and have a chilling effect on the industry. The EPA said this is only the 13th time it has intervened after the corps issued a permit and that it reserves that power "for only unacceptable cases." Online: EPA's final decision on permit: http://water.epa.gov/lawsregs/guidance/cwa/dredgdis/404c-index.cfm COMMENTS Read more: http://www.bnd.com/2011/01/13/1549733/epa-vetoes-water-permit-for-wva.html?… - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-ALERTS list, send any message to: COAL-CAMPAIGN-ALERTS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Fwd: CATF Diesel campaign
by James Kotcon 12 Jan '11

12 Jan '11

I received a call from Jonathon Doster (below) with the Clean Air Task Force asking for our support/endorsement for a Diesel Clean-Up Campaign. After reading over these materials, it is not clear to me what would be involved other than support in principle for the Campaign. However, they are specifically targeting people in Rahall's District because Rahall will be the minority leader for the House Transportation Committee. I noticed that the Sierra club is not listed, nor are other Chapters. Does anyone know why the Club is not on board with this? Is there interest in endorsing this? Jim Kotcon >>> Jonathan Doster <jdoster(a)catf.us> 1/4/2011 5:18 PM >>> Hi Jim, Thanks SO much for taking the time out of your busy schedule to speak with me this afternoon. The insight is invaluable and the Task Force really appreciates it. A few things I wanted to follow-up with you about: 1. Attached is the organizational endorsement packet for our CATF diesel campaign. We'd LOVE to have both the Environmental Council and the Sierra Club sign on officially. We've heard from many a West Virginian that Rep. Rahall really does listen to constituents, and - as you know all too well - the more organizations we have on board, the better. Please take a look and let me know if there is a better person at the Environmental Council I should be speaking with (before the holidays, I'd emailed and called Don Garvin and haven't heard back from him yet). Hopefully we can sign you all up sooner rather than later. 2. I was also hoping you could provide contact information (email and/or phone number would be great) for: - Beth Little - Allen Traddle Again, I can't thank you enough. I'll be in touch in a week or two to figure out these two endorsement questions. -- Jonathan Doster Clean Air Task Force 27 E. Monroe, Suite 1100 Chicago, IL, 60603 312.427.2114 x 206 www.catf.us <http://www.citizenaction-il.org/>

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FW: [ACTNET-FRAC-NEWS] New Worldwatch Report on Synergies Between Renewable Energy and Natural Gas
by Grubb, Karen 12 Jan '11

12 Jan '11

From: National Hydrofracking Team [mailto:ACTNET-FRAC-NEWS@LISTS.SIERRACLUB.ORG] On Behalf Of Bruce Hamilton Sent: Wednesday, January 12, 2011 1:45 PM To: ACTNET-FRAC-NEWS(a)LISTS.SIERRACLUB.ORG Subject: [ACTNET-FRAC-NEWS] New Worldwatch Report on Synergies Between Renewable Energy and Natural Gas Not endorsing this, just passing along the fact that it is out there and worth a read. From: Saya Kitasei [mailto:Skitasei@worldwatch.org] Sent: Wednesday, January 12, 2011 7:37 AM To: Saya Kitasei Subject: New Worldwatch Report on Synergies Between Renewable Energy and Natural Gas Dear Friends and Colleagues, I am very pleased to announce that Worldwatch Report 184, Powering the Low-Carbon Economy: The Once and Future Roles of Renewable Energy and Natural Gas, was released last month. This report represents the culmination of the Natural Gas and Sustainable Energy Initiative’s work during 2010. In it, we examine important synergies between renewable energy and natural gas that will allow for reduced dependence on coal, speeding the transition to a low-carbon economy. A link to the report is available on our new Natural Gas and Sustainable Energy Initiative page: http://www.worldwatch.org/natural-gas-sustainable-energy/. Please feel free to email me if you are interested in an electronic copy. In 2011, we look forward to continuing our research on the synergies between renewable energy and natural gas, with an increased focus on international and state-level analysis. Best wishes for the new year, Saya Snow Kitasei Sustainable Energy Fellow Worldwatch Institute 1776 Massachusetts Ave NW Washington, DC 20036 phone: (202) 452-1999 x. 513 fax: (202) 296-7365 www.worldwatch.org/natural-gas-sustainable-energy/<http://www.worldwatch.org/natural-gas-sustainable-energy/> _______________________________________________ You received this message because you are subscribed to the COG mailing list: COG(a)lists.earthworksaction.org To manage your subscription, including viewing the list archive, changing your subscription to or from "daily digest", or removing yourself from the list, visit: http://coglist.earthworksaction.org<http://coglist.earthworksaction.org/> NOTE: Please do NOT address messages to this list using the BCC field. If a message to this list is addressed in the BCC field, it will be trapped, and indefinitely delayed, by the list spam filter until the administrator has time to review it.

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Fw: [ACTNET-FRAC-NEWS] Pennsylvania Governor Bans New Gas Wells on State Land - NYTimes.com
by Jim Sconyers 12 Jan '11

12 Jan '11

Now this is an eye-opener! Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "Grubb, Karen" <Karen.Grubb(a)fairmontstate.edu> To: Jim Sconyers <jim_scon(a)yahoo.com> Sent: Tue, January 11, 2011 6:47:39 PM Subject: FW: [ACTNET-FRAC-NEWS] Pennsylvania Governor Bans New Gas Wells on State Land - NYTimes.com From:National Hydrofracking Team [mailto:ACTNET-FRAC-NEWS@LISTS.SIERRACLUB.ORG] On Behalf Of Jeff Schmidt Sent: Wednesday, October 27, 2010 10:12 AM To: ACTNET-FRAC-NEWS(a)LISTS.SIERRACLUB.ORG Subject: [ACTNET-FRAC-NEWS] Pennsylvania Governor Bans New Gas Wells on State Land - NYTimes.com http://green.blogs.nytimes.com/2010/10/26/pennsylvania-governor-bans-fracki… - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the ACTNET-FRAC-NEWS list, send any message to: ACTNET-FRAC-NEWS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp

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Fwd: Hydrofracking Team Call Wed, Jan 12th
by Paul Wilson 12 Jan '11

12 Jan '11

how many WV sierrans are on the Hydrofracking Team? Anybody else going to attend this conf. call tonight?? thx, paul ---------- Forwarded message ---------- From: Sierra Club Activist Network <community.manager(a)sierraclub.org> Date: Tue, Jan 11, 2011 at 8:57 PM Subject: Hydrofracking Team Call Wed, Jan 12th To: pjgrunt(a)gmail.com Paul, you have a group bulletin from *Hydrofracking Team<http://connect.sierraclub.org/Team/Hydrofracking_Team> *. *Visit Hydrofracking Team.<http://connect.sierraclub.org/Team/Hydrofracking_Team> * Message: Hi Fracktivists! Our news list has continued to grow over the holidays. We now have 3 Arkansans, 4 Colorodons ?, 6 ! Marylandians, 5 Michiganites, 4 North Carolinians, 4 Oklahomans, 6 Virginians, 2 each from Tennesee and NJ, as well as individuals from OH, MN, NM, and KY... and a TON of New Yorkers and Pennsylvanians. As we approach critical mass, I'd like define some goals for the next few months. 8pm ET Wednesday, Jan 12th Hydrofracking Team call Call number: 1 (866) 501-6174 Access Code: 900 367 87 337 # Agenda 1. 5 minutes - Gasland House Parties are here! -Jess and Sophie provide an update. 2. 20 minutes- Local actions for house parties and beyond. Is there text available for PA (Tom Au) and CO (Gopa Ross)? Any other areas wanting to see some activity on their issue please draft text for an action alert ASAP. For an example see the Frac Act alert: http://action.sierraclub.org/frac/. Based on the email from Alison Vicks today Arkansas, Tennessee, NY/PA/NJ/MD (DRBC), West Virginia, Idaho, and Ohio all have potential alerts. Who will try their hand at writing one? 3. 20 minutes- The Frac Act needs to be proposed this year- any updates from the sponsors? The members of the Natural Gas Caucus seem to me like an obvious place to focus our educational efforts. I'd like to hear from activists in the caucus members districts. Info follows. There was a letter from the Natural Gas Caucus *** http://naturalgascaucus.murphy.house.gov/ * to Ken Salazar, Dept of Interior asking the dept to "refrain from placing any new regulatory burdens on natural gas exploration and production today." The primary goals of the Caucus are: 1. The promotion of responsible exploration and development of natural gas; 2. Pushing legislation and a regulatory environment that encourages the production, transmission, distribution, and use of natural gas; 3. Exploring responsible ways to expand the use of natural gas - Chemical, manufacturing, transportation, and energy as it fits in a portfolio of energy resources; 4. And matching supply and demand to create a secure and stable environment for producers and users. ** *Members of the Caucus:* * * *Rep. Tim Murphy (PA)* - Co-Chair Rep. Dan Boren (OK) - Co-Chair Jason Altmire *- PA* *Spencer Bachus **- AL* *Rob Bishop - UT* *Marsha Blackburn - TN* *John Boozman - AR* *Kevin Brady - TX* *Henry Brown - SC* *Dan Burton - IN* *Dave Camp - MI* *Shelley Moore Capito - WV* Chris Carney - PA Bill Cassidy - LA *Jason Chaffetz - UT* Ben Chandler *- *KY *Howard Coble **- NC* *Mike Coffman **- CO* *Tom Cole **- OK* *Michael Conaway **- TX* Jim Costa *- *CA Mark Critz *-* PA Henry Cuellar *-* TX Lincoln Davis *-* TN Diana DeGette *- *CO Kathleen Dahlkemper *-* PA William Delahunt *- * MA Mike Doyle *- *PA *Jo Ann Emerson **- MO* *Mary Fallin **- OK* *John Fleming **- LA * *Virginia Foxx **- NC* Charles Gonzalez *-* TX *Jim Gerlach **- PA* *Bob Goodlatte **- VA* Bart Gordon *- *TN Gene Green *- * TX *Ralph Hall **- TX* *Greg Harper **- MS* *Wally Herger **- CA* Steve Kagen *- *WI *Steve King **- IA* *Doug Lamborn **- CO* John Larson *- *CT *Robert Latta **- OH* *Christopher Lee **- NY * *Frank Lucas **- OK* Ben Ray Lujan *-* NM *Cynthia Lummis **- WY* *Thaddeus McCotter **- MI* Betsy Markey *-* CO Jim Matheson *-* UT *Patrick McHenry **- NC* Charlie Melancon *-* LA Alan Mollohan *- *WV Jim Moran *- *VA Patrick Murphy *-* PA *Sue Myrick **- NC* Ed Perlmutter *- *CO *Joe Pitts **- PA* *Denny Rehberg **- MT* *Harold Rogers **- KY* *Mike Rogers **- MI* Ciro Rodriguez *-* TX *Peter Roskam **- IL* Mike Ross *-* AR Tim Ryan *- *OH John Salazar *- *CO Joe Sestak *-* PA *Aaron Schock **- IL* *John Shadegg **- AZ* Heath Shuler *-*NC *Bill Shuster **- PA* *Vic Snyder **- AR* *John Sullivan **- OK* John Tanner *- *TN Harry Teague *-* NM *Lee Terry **- NE* Bennie Thompson *-*MS *Glenn Thompson **- PA* *Todd Tiahrt** **- KS* *Fred Upton **- MI* *Joe Wilson **- SC* - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To ------------------------------ *Visit Hydrofracking Team.<http://connect.sierraclub.org/Team/Hydrofracking_Team> * ------------------------------ Reply? Or other thoughts? If you have questions about the bulletin CONTENT, please visit the group's page and leave a comment<http://connect.sierraclub.org/Team/Hydrofracking_Team>, or contact the group owner. *Technical Issues?* Please reply to this message (or email community.manager(a)sierraclub.org) if you have questions or problems with the bulletin itself. If you want to stop getting email, you can either leave (unjoin) or set your email preferences<http://connect.sierraclub.org/editor/app/group/managegroupmembership.aspx?O…> . -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Fw: [ACTNET-FRAC-NEWS] "EPA: Chesapeake Energy illegally buried W.Va.streams" -- WVGazette, SustainedOutrageBlog (Nov. 23, 2010)
by Jim Sconyers 12 Jan '11

12 Jan '11

This is the same Chesapeake that is touted by Mike Ross and others as such a good responsible gas developer. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "Grubb, Karen" <Karen.Grubb(a)fairmontstate.edu> To: James Kotcon <jkotcon(a)wvu.edu>; Jim Sconyers <jim_scon(a)yahoo.com>; Kevin Fooce <fmoose39(a)hotmail.com>; BethLittle <blittle(a)citynet.net>; Heather Heilman <heatherheilman(a)yahoo.com>; Nicole Good <nnncole(a)yahoo.com> Sent: Tue, January 11, 2011 6:23:34 PM Subject: FW: [ACTNET-FRAC-NEWS] "EPA: Chesapeake Energy illegally buried W.Va.streams" -- WVGazette, SustainedOutrageBlog (Nov. 23, 2010) I’ve got some old emails to go through. Again, if you already get these, let me know. From:National Hydrofracking Team [mailto:ACTNET-FRAC-NEWS@LISTS.SIERRACLUB.ORG] On Behalf Of Jeff Schmidt Sent: Wednesday, November 24, 2010 11:01 AM To: ACTNET-FRAC-NEWS(a)LISTS.SIERRACLUB.ORG Subject: [ACTNET-FRAC-NEWS] "EPA: Chesapeake Energy illegally buried W.Va.streams" -- WVGazette, SustainedOutrageBlog (Nov. 23, 2010) EPA: Chesapeake illegally buried W.Va. streams November 23, 2010 by Ken Ward Jr. http://blogs.wvgazette.com/watchdog/2010/11/23/epa-chesapeake-illegally-bur… Here’s a new gas drilling story from Vicki Smith over at The Associated Press: The Environmental Protection Agency says a subsidiary of Chesapeake Energy has promised to restore four northern West Virginia streams it filled illegally while building roads and laying pipeline for Marcellus shale gas drilling projects. EPA spokeswoman Donna Heron confirmed Monday that federal inspectors cited Chesapeake Appalachia LLC after four site visits this fall in Wetzel and Marshall counties. In one case, inspectors found that Blake Fork stream and a picturesque waterfall near New Martinsville had been completely filled with gravel for a road. Ed Wade, who took before and after photographs of the 20-foot wide stream, said many people used to visit the waterfall because of its beauty. “I don’t know if there was a miscommunication about where the road should go or what,” he said, “but they just took their dozers and ripped it out.” Blake Fork and three other streams affected by Chesapeake’s drilling activities are tributaries of Fish Creek, which flows into the Ohio River. Chesapeake spokesman Matt Sheppard said the company is working with EPA on what he called “isolated issues concerning earth-moving activity.” “As this matter is currently undergoing federal regulatory review, it would be inappropriate to offer public comment at this time,” he wrote in an e-mail, adding that Chesapeake is committed to responsible natural gas development. Heron said Chesapeake has indicated it will abide by the EPA’s administrative compliance orders, which were issued in October and earlier this month. Chesapeake is among dozens of companies rushing to tap the Marcellus shale field, a vast, mile-deep natural gas reserve underlying most of West Virginia, Pennsylvania, New York and portions of Ohio. It is believed to hold trillions of cubic feet of gas, but breaking it free from the rock requires horizontal drilling and water-intensive hydraulic fracturing technologies. How to better monitor the industry is a growing concern among environmentalists and property owners, who are looking to lawmakers for help preventing problems with water pollution, erosion and road destruction, among other things. The compliance orders say some of Chesapeake’s violations in Wetzel and Marshall counties date to 2007. Chesapeake was cited for illegally filling in Laurel Run near Cameron between January 2007 and December 2009. The filling of Blake Fork began in January 2008, the administrative orders show. Violations on Lynn Camp Run and Middle Fork Lynn Camp Run, both near New Martinsville, began in January 2010, the EPA said. The Middle Fork project involved not only construction of a well pad but also the installation of buried pipeline. The EPA says all four projects were done without a legally required permit from the U.S. Army Corps of Engineers. The compliance orders require Chesapeake to remove the fill and restore the streams and wetlands “to pre-disturbance conditions.” Wade, a 40-year-old boilermaker, said it took several years to get state and federal regulators to adequately respond to his complaint about Blake Fork. “How are they going to put the waterfall back?” he wonders now. Wade is also skeptical Chesapeake will change its ways. “If someone’s watching them, they do right. It’s like a little kid: If they can get away with it, they’re going to,” he said. ” … They don’t care. It’s all about their bottom line.” Vicki’s story comes after a blog item from the Natural Resources Defense Council, following up on a report by the CBS show 60 Minutes: Last Sunday night, CBS’s 60 Minutes aired a report on natural gas production in America, including concerns about the environmental impacts. Interviewed on the program was Aubrey McClendon, the CEO of Chesapeake Energy, one of the country’s largest producers of natural gas and widely considered a leader in the field. Yet recent – and as of yet unreported – findings by the U.S. Environmental Protection Agency (EPA) reveal that Chesapeake is also a company that violated the Clean Water Act four times in one county in West Virginia. In October and November 2010, EPA initiated four Clean Water Act enforcement actions against Chesapeake Energy. Through field investigations, EPA documented illegal discharges of dredge and fill material at several Chesapeake drilling sites in Wetzel County. It appears that the company built access roads for giant trucks directly through a stream without the permits required under section 404 of the Clean Water Act. We thank EPA for investigating activities in this remote corner of Appalachia. Here’s the 60 Minutes piece: http://www.cbsnews.com/video/watch/?id=7054210n --------- EPA cites Chesapeake for illegally filling streams By wire reports Wednesday, November 24, 2010 http://www.pittsburghlive.com/x/pittsburghtrib/business/s_710746.html The Environmental Protection Agency said a subsidiary of Chesapeake Energy Corp. has promised to restore four northern West Virginia streams it filled illegally while building roads and laying pipeline for Marcellus shale gas drilling projects. EPA spokeswoman Donna Heron said federal inspectors cited Chesapeake after four site visits this fall in Wetzel and Marshall counties. In one case, inspectors found that Blake Fork stream and a picturesque waterfall near New Martinsville had been completely filled with gravel for a road. Chesapeake spokesman Matt Sheppard said the company is working with EPA on what he called "isolated issues concerning earth-moving activity." ________________________________ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the ACTNET-FRAC-NEWS list, send any message to: ACTNET-FRAC-NEWS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/

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Fw: [Charleston Newspapers] Article - Drilling reforms expected to get legislative attention
by Frank Young 08 Jan '11

08 Jan '11

Industry representatives, while not ecstatic, seem resigned that there are going to be at least some regulations and permitting process changes relating to shale gas drilling.- Frank ----- Original Message ----- From: articles(a)cnpapers.com To: frankly(a)mtparty.org Sent: Saturday, January 08, 2011 6:21 PM Subject: [Charleston Newspapers] Article - Drilling reforms expected to get legislative attention fyoung(a)mountain.net sent you this article ----- January 8, 2011 Drilling reforms expected to get legislative attention By Ken Ward Jr. The Charleston Gazette Oil and gas lobbyists and environmental groups are both offering cautious reactions to a Department of Environmental Protection proposal for a wholesale rewrite of the way West Virginia regulates drilling operations across the state. Read more -----

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Re: [EC] PATH Case has been tolled
by James Kotcon 08 Jan '11

08 Jan '11

My suggestion is to re-introduce the PSDC Reform bill from last year. A number of those features, such as consideration of indirect impacts or consideration of energy efficiency alternatives, would still make a very useful contribution. If a media campaign were timed with the introduction of such a bill, it could generate some significant publicity. It is not clear how that would apply in this case, as the PATH tolling puts the deadline for introduction of their "final" textimony well after the end of the session, but I think that the Legislatuure is one arena where we can put some pressure on PATH. We should talk about this in the near future. JBK >>> "Frank Young" 01/07/11 9:00 PM >>> What kind of a "lobbying effort" do you mean, Jim? WV Highlands Conservancy still has about $ 3,000 of funds that were provided specifically for StopPATH related advertising. There has been a lot of StopPATH advertising in the eastern panhandle, but virtually none outside that region, as far as I know. The eastern panhandle media outlets reach west over to about Tucker County. Cindy Rank and I have control of these available funds. We would like for these funds for StopPATH advertising used in the Buckhannon-Weston and/or Charleston area media markets. We already have the print media and radio & TV media spots produced. Those were produced last year with grants from NTHP (National Trust for Historic Preservation) and Sierra Club. And so the "credits" roll at the end of the videos and on the print media ads give credit to, among others, Sierra Club for producing / airing these ads. The funds we have can be used entirely for air time and/or print media space. But we need someone who knows something about media advertising to coordinate having these ads aired and/or printed in the media markets I indicate above. Having someone knowledgeable about media advertising could help us get the most air time / print space for the $$$$ available. Frank Young ----- Original Message ----- From: "James Kotcon" <jkotcon(a)wvu.edu> To: <EC(a)osenergy.org> Sent: Friday, January 07, 2011 6:23 PM Subject: [EC] Fwd: [WVaPATH] Case has been tolled > The link below takes you to the 12-page order, but suffice it to say that the PSC has extended the Schedule for the PATH case again. > > PATH will have until March 31 to file additional data on its case, including revised electricity demands and reliability forecasts based on upgrades to other lines. They must also file a complete set of data, including all previous testimony, revisions, substitutions, additions and deletions, to assist intervenors in unraveling this increasingly complex case. > > Intervenors (that's us) must file motions for "discovery" on the supplemental PATH testimony by July 22, and must file our new "Direct" testimony by Aug. 11. After several rounds or responses, rebuttals and more discovery, the evidentiary hearings are scheduled from Oct. 11-26. > > The PSC's final decision on the applications is due by Feb. 9, 2012. > > > We should be thinking about any additional testimony we might need by Aug. 11, as well as how to continue the lobbying effort on this campaign. > > JBK > > >>>> Eric Burleyson <eric(a)riversdell.com> 1/7/2011 5:39 PM >>> > > Did not get my PSC email yet, but a new order is up on the PSC site: > http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI… > > > > _______________________________________________ > EC mailing list > EC(a)osenergy.org > http://osenergy.org/mailman/listinfo/ec

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PSC's New Procedural Schedule in PATH Case
by Frank Young 08 Jan '11

08 Jan '11

WordPress.com PSC's New Procedural Schedule in PATH Case Bill | January 8, 2011 at 3:10 pm | Tags: Citizen Action, WV PSC | Categories: Uncategorized | URL: http://wp.me/piwFb-1ao According to the January 7, 2011 revision, the PSC set the following new deadlines for the PATH case procedural schedule: a.. Applicants file supplemental testimony on issue of electrical need and any other issues requiring supplementation. Noon, Thursday, March 31, 2011 b.. Deadline for propounding discovery on supplemental testimony due March 31, 2011. Noon, Friday, July 22, 2011 c.. Staffs and Intervenors' prepared direct testimony and rebuttal to the direct testimony of Applicants. Noon, Thursday, August 11, 2011 d.. Deadline for propounding discovery in response to testimony due August 11, 2011. Noon, Wednesday, August 24, 2011 e.. Applicants' rebuttal testimony to the direct testimony for Staff and Intervenors, and Staff and Intervenor rebuttal testimony to the direct testimony of one another. Noon, Friday, September 9, 2011 f.. Deadline for propounding discovery in response to the rebuttal testimony due September 9, 2011. Noon, Wednesday, September 21, 2011 g.. Written opening statements. Noon, Wednesday, October 5, 2011 h.. Evidentiary hearing begins. Noon, Tuesday, October 11, 2011 i.. Evidentiary hearing ends. Noon, Wednesday, October 26, 2011 j.. Initial briefs and proposed orders. Noon, Tuesday, November 22, 2011 k.. Reply briefs. Noon, Thursday, December 8, 2011 l.. Deadline for Commission decision. Thursday, February 9, 2012 Intervenors can get other important information about participating effectively in the case here. WordPress.com | Thanks for flying with WordPress! Manage Subscriptions | Unsubscribe | Publish text, photos, music, and videos by email using our Post by Email feature. Trouble clicking? Copy and paste this URL into your browser: http://subscribe.wordpress.com

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Fwd: [WVaPATH] Case has been tolled
by James Kotcon 07 Jan '11

07 Jan '11

The link below takes you to the 12-page order, but suffice it to say that the PSC has extended the Schedule for the PATH case again. PATH will have until March 31 to file additional data on its case, including revised electricity demands and reliability forecasts based on upgrades to other lines. They must also file a complete set of data, including all previous testimony, revisions, substitutions, additions and deletions, to assist intervenors in unraveling this increasingly complex case. Intervenors (that's us) must file motions for "discovery" on the supplemental PATH testimony by July 22, and must file our new "Direct" testimony by Aug. 11. After several rounds or responses, rebuttals and more discovery, the evidentiary hearings are scheduled from Oct. 11-26. The PSC's final decision on the applications is due by Feb. 9, 2012. We should be thinking about any additional testimony we might need by Aug. 11, as well as how to continue the lobbying effort on this campaign. JBK >>> Eric Burleyson <eric(a)riversdell.com> 1/7/2011 5:39 PM >>> Did not get my PSC email yet, but a new order is up on the PSC site: http://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityI…

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Fwd: Sustainability in West Virginia: Spurring Economic Investment and Creating Jobs
by Paul Wilson 07 Jan '11

07 Jan '11

Anybody else get this stuff? paul ---------- Forwarded message ---------- From: Sen. Jay Rockefeller (Rockefeller) < Sen.Jay_Rockefeller(a)rockefeller.senate.gov> Date: Wed, Jan 5, 2011 at 4:39 PM Subject: Sustainability in West Virginia: Spurring Economic Investment and Creating Jobs To: Dear Friend, Last fall, I was excited to deliver remarks at the West Virginia Sustainability Summit, which was sponsored by the Discover the Real West Virginia Foundation in partnership with the Center for Economic Options. This was an incredible opportunity to highlight examples of how some of our West Virginia businesses are already employing sustainable practices and how we can use similar methods in the future. During these tough economic times, we all realize the importance of innovation and creative thinking about the expansion of our core industries. Forums like this one help us multiply our power to spur economic investment and create jobs. Sustainability is being employed across industries – from construction and agriculture, to innovations in manufacturing and exporting. These industries have learned through experience that employing sustainable practices can increase businesses’ bottom lines and create jobs as part and parcel of improving the environment for future generations. The Summit was an important discussion about how to use sustainable practices to preserve our existing industries and jobs, protect our environment and most importantly, grow our state’s economy and create new jobs. This is an area that I will continue to focus on and I look forward to working with you through the coming year. Please find below my remarks from the West Virginia Sustainability Summit. All the best, Jay *West Virginia Sustainability Summit* *Remarks* * * Thank you, President Clements, for that kind introduction. Thank you Mark for the work that you do to improve West Virginia’s economic future; and thank you to all of our guests and panelists for being a part of this important Summit – especially the man you will hear from next, Neil Hawkins. Neil – I am very happy that you are here and look forward to your remarks. I also want to thank the event sponsors, the Discover the Real West Virginia Foundation and the Center for Economic Options for hosting this event. And, thanks to Pam Curry for all of your help organizing – sometimes that is a thankless job – so thank you. We’re here to re-ignite a dialogue on sustainability and what it means to our state businesses, our residents, and our future. * * So, what does sustainability really mean? I think the best way to explain it is to give some examples of how some of our West Virginia businesses are already employing sustainable practices. We see sustainability in local restaurants’ commitment to buy from WV farmers and purchase from other state vendors. We see sustainability at Toyota’s Buffalo, W.Va. facility in their environmental management system (EMS). EMS remains a zero landfill contributor — reusing or recycling materials that otherwise would have been sent to landfills. Toyota is finding ways to reduce waste, water usage, greenhouse gas emissions, hazardous materials usage and wastewater discharge – and that is great. And, we see sustainability with energy companies like Dow and AEP who are working to sustain West Virginia’s and our nation’s energy future by working to lower our carbon footprint and find ways to expand sustainable energy technology. At Dow West Virginia Operation’s South Charleston facility, the company has been working to reduce energy, water use, waste generation, and has increased the facility’s land and habitat conservation. Sustainability is a word that is that is often used in various ways by many different groups and organizations. But at its broad base sustainability is about doing things and using products that are more environmentally friendly than they are currently done. * * I firmly believe that if we play our cards right, our state, which has been an energy producing state for generations, is poised to provide the single most important energy – and sustainability – innovation for the twenty-first century -- which is truly *clean* coal technology. New technologies already in place have allowed us to nearly triple coal’s use over the past 30 years, while vastly reducing air emissions for pollutants like sulfur dioxide, nitrogen oxides, and mercury. The question is not: should we try to address climate change? The question must be: what tools can we develop to improve our economy, secure coal’s future, and reduce emissions for our environment and the health of our families? The best answer, I think, lies broadly in “CCS” –carbon capture and storage. I fought very hard to have $3.4 billion included in the Recovery Act for CCS, and Senator Voinovich of Ohio and I have worked together over the past year to write bipartisan legislation which lays out a bold roadmap for CCS. Some have argued that transitioning to a sustainable economy means shifting away from West Virginia’s historic industries and towards new ‘green jobs’ that may or may not be there. This is not the case. CCS shows that we can make important strides in sustainability that encourage and build upon the important industries that we already have. I believe that CCS is just one piece – but a very important piece of West Virginia’s future in sustainable industry. * * But we’re not just talking about energy. Sustainability is being employed by all of our panelists here in every industry – from construction to agriculture, and from innovation to manufacturing and exporting. We have learned through example that employing sustainable practices can increase our businesses’ bottom lines and in turn can simultaneously create jobs and improve the environment for future generations. During these tough economic times, we all realize the importance of innovation and creative thinking about the expansion of our core industries. Ideas are the best things we have – and conversations like these only help us multiply our power to spur economic investment and expand business. We are here to explore ways to build upon the industries we have today and be a creator of industries of the future. * * Now, we all recognize that sustainability requires a partnership – at the local level – and a partnership between government and private industry. I was proud that much of last year’s Recovery Act went toward emerging sustainability projects and training our workforce in sustainability fields. The Recovery Act gave: - *$13.1 million* to support energy efficiency and renewable energy projects in West Virginia under the DOE’s State Energy Program. That money is going toward a statewide plan that prioritizes energy savings, creates jobs, increases the use of renewable energy, and reduces greenhouse gas emissions. - *$14 million* for the Energy Efficiency and Conservation Block Grant program – providing formula grants for projects that reduce total energy use and fossil fuel emissions, and improve energy efficiency across West Virginia. - *$15 million* to our state’s weatherization program which helps reduce the utility bills for our most vulnerable residents while providing needed jobs to West Virginians. - *$6 million* for West Virginia GREEN-UP which educates and trains workers for jobs in the new and emerging green energy sector and promotes green jobs entrepreneurship. And that’s just the beginning. * * The Recovery Act also gave much-needed resources to our research institutions – including West Virginia University and the National Energy Technology Lab (NETL) here in North Central West Virginia. Morgantown’s National Energy Technology Lab and NETL’s Regional University Alliance recently received $40 million to accelerate the development and deployment of industrial (CCS) technology. In addition, they’re working on some truly amazing and groundbreaking research, including a hydrogen fueling station at Yeager airport which is producing Hydrogen from water with coal-fired electricity. This is an example where we are indirectly using West Virginia coal to displace foreign oil in our transportation sector. This will not only reduce tailpipe emissions but also improve our national security. ** * * You’ve heard about some of the larger projects on sustainability, but I know that sustainability also happens every day on smaller scales – in small towns across West Virginia. All ideas about sustainability are important and all efforts to make it work are paving the way for a stronger future. There is great opportunity for sustainability and the development of sustainability practices here in West Virginia – and I know that with minds like yours, and conversations like these, we can help West Virginia lead this developing industry. We need to have a conversation in this state about how to use sustainable practices to: · Preserve our existing industries and jobs; · Protect our environment and; · Most importantly grow our state’s economy and create new jobs. I have no doubt that West Virginians and our businesses can lead the way – and I think today is the start. Thank you. -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Fw: AMD Reclamation, Inc. discharges to Dunkard Creek
by James Kotcon 07 Jan '11

07 Jan '11

AMD Reclamation, inc., is Longview's affiliate that was treating water. Originally, they were supposed to treat the water clean enough for Longview to use as cooling water, but instead, they have an expired permit that allows water to discharge with pollutants above water quality standards. While ConSol's discharge appears to be a primary source of the discharges near the headwaters of Dunkard Creek that led to the Golden algae bloom and fish kill in Sept. 2009, the discharges from AMD Reclamation's plant (about five miles above the mouth of Dunkard Creek) appears to be the primary source of pollution that had already killed the lower five miles of Dunkard Creek. Now they are at it again. >>>>> Mine work proceeds though DEP permit status is in question 1/7/2011 3:32 AM By Bob Niedbala, Staff writer niedbala(a)observer-reporter.com AMD Reclamation Inc. is now drilling two boreholes into the Humphrey Mine at Calvin Run in Perry Township to allow it to pump water from the depths of the closed mine to its Shannopin Mine Steele Shaft treatment plant. However, questions about the permitting status of the project, which is being done by AMD to allow mining to continue in the area, are being raised by environmental groups as well as by the federal Office of Surface Mining. The questions were raised in light of a decision made by the state Department of Environmental Protection 10 months ago to revoke a revision to AMD's post-mining permit for the same project. DEP in February agreed to revoke the permit revision after two environmental groups filed an appeal claiming the project would increase pollution in Dunkard Creek and citing DEP's failure to provide public notice of the permit revision application. DEP also agreed at that time to pay $20,000 in legal fees to Citizens for Pennsylvania's Future (PennFuture), which appealed the revision along with Friends of Dunkard Creek. Though no application has been filed with DEP for another revision to AMD's post-mining permit for the Calvin Run project, construction of the line and drilling of the boreholes are now under way. "It's a slap in the face," said Kurt Weist, PennFuture senior attorney. "Somebody's gaming the system." The groups originally challenged the revision partly because the public should be able to review and comment on what DEP is doing, said Jim O'Connell, treasurer of Friends of Dunkard Creek. "It is very disappointing that after they have been ordered to cease operations (with the revocation of the permit revision), suddenly the work starts again," he said. Members of Friends of Dunkard Creek and PennFuture contacted state and federal regulatory agencies after noticing work being done at the Calvin Run site Dec. 23. After receiving the "citizen's complaint," the Office of Surface Mining issued a 10-day notice to DEP Dec. 29 requesting detailed information on the permitting status of the project, Chris Holmes, OSM spokesman, said. DEP will have until Jan. 13 to respond to the notice, he said. OSM has not ordered the work to be halted. "We will respond appropriately when we receive the information from Pa. DEP," Holmes said. DEP issued a statement saying only that it is preparing a response to the notice. "There are legal issues involved in this that make it inappropriate for us to comment further," said Katy Gresh, DEP spokeswoman. AMD also is now working with DEP to prepare the response, said Charles Huguenard, AMD vice president. He maintained, however, that the company had followed the guidance of DEP in permitting the project. "We feel we have done everything we were advised to do," Huguenard said. "DEP told us, 'Here is what you need to do' ... we just followed their guidance." Huguenard said the company received a National Pollution Discharge Elimination System Permit for the Calvin Run project from the Greene County Conservation District. Lisa Snider, manager of the conservation district, said the district, however, issued a standard NPDES permit for "surface construction activities only." The conservation district does not issue permits related to mining or water withdrawal associated with mining activities, she said. Those permits are issued by DEP. The Steele Shaft plant was constructed by AMD in 2003 with the help of state funding to treat polluted water from the abandoned Shannopin Mine. Acidic water in the mine had reached a level at which it could breach the surface and pollute Dunkard Creek. The project also allowed Dana Mining Co., a company affiliated with AMD, to mine Sewickley seam coal above the deeper Pittsburgh seam previously mined by Shannopin. As Dana's mining activities continued to move west, the company also needed to lower the pool of the adjacent Humphrey Mine. In 2005, DEP granted an informal permit revision to AMD allowing it to pump water from the Humphrey mine pool to Shannopin and to treat it at Steele Shaft. AMD also was granted a permit revision in November 2009 to drill two boreholes at Calvin Run and construct a pipeline to pump additional water from Humphrey to Steele Shaft, a revision DEP revoked in February after the appeal was filed. PennFuture and Friends of Dunkard Creek opposed the permit revision, saying the project would only allow AMD to discharge additional polluted water high in total dissolved solids into Dunkard Creek. The Steele Shaft plant cannot treat total dissolved solids and was originally issued a permit to discharge mine water under less restrictive standards because of the threatening breakout at Shannopin. No threat of a breakout exists at Humphrey, Weist said. Consol is currently treating water from Humphrey at a treatment plant in West Virginia and maintains the Humphrey pool level as required by its permits. The Calvin Run project was undertaken "purely to allow the extraction of coal from the Sewickley seam" in the area of the Humphrey Mine, Weist said. Weist also pointed out the renewal of the Steele Shaft plant's discharge permit is now more than two years overdue. DEP's own water quality experts have recommended that more stringent water quality limits be included in the permit renewal, he said. Copyright Observer Publishing Co. OSM asks state to provide information on permitting for AMD Reclamation Inc. project 1/6/2011 5:04 PM The U.S. Office of Surface Mining has issued a 10-day notice to the state Department of Environmental Protection asking it to provide information on the permitting of a project by AMD Reclamation Inc. to drill two bore holes into the closed Humphrey Mine at Calvin Run in Perry Township. AMD wants to drill the bore holes and construct a water line to pump mine water from the Humphrey Mine to its Shannopin Mine Steele Shaft treatment plant. The project would allow Dana Mining Co., a company affiliated with AMD, to mine coal in the area of the Humphrey Mine. DEP revoked a permit revision to AMD’s post mining activity permit for the same project in February after two environmental groups filed an appeal with the state Environmental Hearing Board. However, work on the Calvin Run project was started recently, apparently without the granting by DEP of another revision to the post mining permit. DEP said Thursday that it is preparing a response to OSM and would not comment further because the matter may involve legal issues. Copyright Observer Publishing Co.

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Judy Bonds memorial
by Jim Sconyers 07 Jan '11

07 Jan '11

There is a memorial event for Judy Bonds Jan. 15. Probably in Charleston. I'll send more details as they become available. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last.

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[wvec-board] Fwd: [fom] Judy Bonds
by James Kotcon 04 Jan '11

04 Jan '11

>>> <dsgjr(a)aol.com> 1/4/2011 1:33 AM >>> This came this evening. For many of us Judy was the "face" of coal field activism. Her death is a loss to us all. Don Garvin ____________________________________ From: vernoncrmw(a)gmail.com To: fom(a)lists.riseup.net, mountainjusticesummer(a)lists.riseup.net, the-alliance-for-appalachia(a)googlegroups.com, Justice(a)lists.citizenscoalcouncil.org Sent: 1/3/2011 9:58:45 P.M. Eastern Standard Time Subj: [fom] Judy Bonds It is with great sorry that we mourn the passing today of Julia “Judy” Bonds, Executive Director of Coal River Mountain Watch. Judy was more than a co-worker, friend, and mentor: she became family. She inspired thousands in the movement to end mountaintop removal and was a driving force in making it what it has become. I can’t count the number of times someone told me they got involved because they heard Judy speak, either at their university, at a rally, or in a documentary. Years ago she envisioned a “thousand hillbilly march” in Washington, DC. In 2010, that dream became a reality as thousands marched on the White House for Appalachia Rising. Judy endured much personal suffering for her leadership. While people of lesser courage would candy-coat their words or simply shut up and sit down, Judy called it as she saw it. She endured physical assault, verbal abuse, and death threats because she stood up for justice for her community. I never met a more courageous person, one who faced her own death and spoke about it with the same voice as if it were a scheduled trip. Ultimately, Judy did all any one person could conceivably do to stop mountaintop removal. One of Judy’s last acts was to go on a speaking trip, even though she was not feeling well, shortly before her diagnosis. I believe, as others do, that Judy’s years in Marfork holler, where she remained in her ancestral home as long as she could, subjected her to Massey Energy’s airborne toxic dust and led to the cancer that wasted no time in taking its toll. Judy will be missed by all in this movement, as an icon, a leader, an inspiration, and a friend. No words can ever express what she has meant, and what she will always mean. We will tell stories about her, around fires, in meeting rooms, and any place where people are gathered in the name of justice and love for our fellow human beings. When we prevail, as we must, we will remember Judy as one of the great heroes of our movement. We will always remember her for her passion, conviction, tenacity, and courage, as well as her love of family and friends and her compassion for her fellow human beings. While we grieve, let’s remember what she said, “Fight harder.” -- Vernon Haltom Co-Director, Coal River Mountain Watch 304-854-2182 _www.crmw.net_ (http://www.crmw.net/)

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Emailing: Coal's burnout Have investors moved on to cleaner energy sources
by Frank Young 03 Jan '11

03 Jan '11

Coal's burnout: Have investors moved on to cleaner energy sources?http://www.washingtonpost.com/wp-dyn/content/article/2011/01/01/AR2… NEWS | LOCAL | POLITICS | SPORTS | OPINIONS | BUSINESS | ARTS & LIVING | GOING OUT GUIDE | JOBS | CARS | REAL ESTATE |SHOPPING Coal's burnout: Have investors moved on to cleaner energy sources? By Steven Mufson Washington Post Staff Writer Saturday, January 1, 2011; 5:42 PM The headline news for the coal industry in 2010 was what didn't happen: Construction did not begin on a single new coal-fired power plant in the United States for the second straight year. This in a nation where a fleet of coal-fired plants generates nearly half the electricity used. But a combination of low natural gas prices, shale gas discoveries, the economic slowdown and litigation by environmental groups has stopped - at least for now - groundbreaking on new ones. "Coal is a dead man walkin'," says Kevin Parker, global head of asset management and a member of the executive committee at Deutsche Bank. "Banks won't finance them. Insurance companies won't insure them. The EPA is coming after them. . . . And the economics to make it clean don't work." >From 2000 to 2008, construction started on 20 units in 19 plants, according to Edison Electric Institute. Last year, utilities and power-generating companies dropped plans to build 38 coal plants while announcing that they would retire 48 aging, inefficient ones, according to the environmental group Sierra Club. Although 2010 saw the collapse of climate legislation in the Senate, the Sierra Club is trumpeting such statistics as a sign that "coal is a fuel of the past." The battle over coal plants could sharpen in 2011, as the Environmental Protection Agency deploys regulations to improve the efficiency - and lower the greenhouse gas emissions - of big power plants. Starting Sunday, the EPA will require builders of plants big enough to emit 75,000 tons of carbon dioxide a year to use the "best available control technology" in order to obtain air permits, needed before construction. Utilities, oil refiners and other industries argue that this will add prohibitive costs, and many Republican lawmakers have vowed to handcuff the EPA, which is also planning to issue broader guidelines later in the year. In the wake of the midterm elections, President Obama identified promotion of natural gas use as an area of potential bipartisan action. He hopes to prod utilities and manufacturers into switching from coal to natural gas, which emits half the amount of greenhouse gases. The choice looms large given that the average age of the U.S. coal fleet is 43 years, with more than half the plants built before 1967. Word of coal's death might be premature, says Luke Popovich, spokesman for the National Mining Association. He said that several coal-fired plants begun earlier are still under construction. Duke Energy, for example, is expecting to finish its Cliffside and Edwardsport coal plants in 2012. Other companies have scrambled to get permits before the EPA regulations take effect, and projects in Texas, Kansas and Illinois have succeeded. A project in Mississippi is poised to break ground, though the Sierra Club is still fighting in court to revoke the plant's permits. Moreover, Popovich adds, the federal Energy Information Administration expects that the nation will need to build 30 to 40 new plants to supply the 21 gigawatts of new electricity demand expected by 2035. "Coal will remain the dominant source for electricity generation for the foreseeable future," he says. "So the big problem with the 'death of coal' message is that it is not, as we say, reality-based." It's the economy Even if coal is not dead, developments of the past two years have dimmed its future. The fate of the long-planned Smith Unit No. 1 coal plant in Kentucky is one example. The East Kentucky Power Cooperative announced plans five years ago to build the 278-megawatt plant, and it obtained permits from the Kentucky Public Service Commission. But environmental groups, joined by critics of federally subsidized loans to rural electric cooperatives, fought the project. Then the recession hit and tipped the scales. A couple of months ago, the cooperative slashed 9 percent from its forecast of electricity demand among the half-million customers it serves. As a result, East Kentucky Power canceled the Smith coal plant construction on Nov. 18, even though it has spent about $150 million stockpiling steel and parts. "And that's almost entirely due to the economy," says Nick Comer, the cooperative's manager of external affairs. Finishing the plant would have cost an estimated $819 million more. "Back in 2006-07, the economy was roaring. In our service territory we were seeing growth at about twice the national rate," Comer says. "There were a lot of new houses, new businesses; even manufacturing was expanding." But, Comer adds, "a lot of that has changed today. Housing starts are down. Manufacturers have cut back. So we expect demand for electricity is going to be down from what we had projected for a while." The story is the same across the nation. Coal consumption in the electric power sector during the first nine months of 2010 was up from 2009, but still down 5.7 percent from 2008's near-record levels, according to EIA figures. East Kentucky Power also signed a settlement with environmental groups under which it will install additional pollution control devices and further explore renewable energy options. Cheap natural gas American Electric Power, the nation's largest generator of electricity, is also taking a cautious approach. The only plant AEP has under construction is the highest efficiency model, known as "ultra supercritical." Under the new EPA guidelines, these high-efficiency plants could become the standard, reducing coal use. "We have no other coal-fueled generation planned at this time," says Pat D. Hemlepp, a spokesman for AEP. "The decline in demand has delayed the need for additional new generation." If AEP does need new generation capacity, it will turn to natural gas. In 2010, the wellhead price of natural gas has averaged $4.25 a thousand cubic feet, about 40 percent below the average price from 2005 to 2009 and well under half the peak price. Discoveries of new ways to tap natural gas trapped in shale rock have unlocked supplies that could keep prices in check for years to come. "When we do need new capacity, it is highly likely that we will look to natural gas plants instead of coal, especially if natural gas prices remain as low as projected," Hemlepp says. "The plants are less expensive to build, and current forward price projections favor gas over coal." It's a decision being made by utilities across the country. A recent Deutsche Bank report says that if gas prices remain between $4 and $6 a thousand cubic feet, "we believe that a coal to gas switch makes sense." States have their plans Even though Congress failed to enact climate legislation, more than half the states have adopted measures requiring utilities to use more renewable energy. To meet those targets, most investment will probably go into solar, wind, nuclear and energy efficiency projects. Environmental groups are gearing up to challenge coal plants state by state. The Sierra Club is expanding its ranks this year so that 100 full-time staffers will be working on the issue, and the Environmental Defense Fund is hiring additional lawyers to wage battle against coal. Given the age of the coal fleet, many of the oldest plants also run afoul of clean air guidelines on traditional pollutants. As a result, the Colorado Public Utilities Commission recently adopted a $1.4 billion plan that will end coal-fired electricity generation in the Denver area. It calls for Xcel Energy to close four coal-fired units in the region, switch another to natural gas and build a new gas-fired plant to help meet federal clean-air standards. The units are all more than 40 years old. The plan was required under the Colorado Clean Air-Clean Jobs Act, signed by Gov. Bill Ritter (D) in April. "Coloradans across the state made it clear that they did not want coal in their stockings this year," said Pam Kiely of Environment Colorado. "The PUC delivered an early Christmas present by deciding to stop burning dirty coal in the metro area." Action without legislation The Obama administration might also target coal-fired power plants as a way to meet its goals for reducing greenhouse gas emissions, even if legislation remains beyond its grasp. Administration officials have spoken of negotiating guidelines with big utilities, similar to automobile fuel efficiency standards, but utility executives say such talks are not yet taking place. Deutsche Bank's Parker thinks that a path to lower coal use not only makes financial sense but climate sense as well. "Switching coal to natural gas and renewable energy with a modest buildup of nuclear energy is achievable and could lead to a 29 percent reduction in CO2 emissions from the U.S. power sector by 2020 and a 44 percent reduction by 2030 compared to a 2005 baseline," the bank wrote in its November report on a low-carbon energy plan for the United States. At international climate talks, negotiators often use the year 2005 as a baseline. At the Copenhagen climate talks a year ago, the Obama administration pledged a 17 percent reduction in overall U.S. emissions by 2020. In 2002, there were plans to install 36,000 megawatts of new coal-fired power by 2007. Only one-eighth of that was completed. Deutsche Bank predicts coal's share of electric power generation will tumble further, from 47 percent in 2009 to 34 percent in 2020 and 22 percent in 2030. It put it this way in its report: "Based on today's energy fundamentals, the rational economic decision is to shutter inefficient coal plants and replace them with natural gas combined-cycle power plants." http://www.washingtonpost.com/wp-dyn/content/article/2011/01/01/AR201101010…

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Fwd: Climate Ground Zero Direct Action in West Virginia
by James Kotcon 03 Jan '11

03 Jan '11

I am not sure what is going on here. I guess this message speaks for itself. JBK >>> Miranda Miller <miranda.rae.miller(a)gmail.com> 1/2/2011 12:49 PM >>> ---------- Forwarded message ---------- From: Laura Steepleton <lnsteep(a)gmail.com> Date: Fri, Dec 31, 2010 at 4:12 PM Subject: Climate Ground Zero Direct Action in West Virginia To: Virginiagraf(a)aol.com, rmeads(a)shepherd.edu, ssoltow(a)gmail.com, rglenn51989(a)gmail.com, ktreve01(a)shepherd.edu, lynwidmyer(a)gmail.com, tkthorson(a)comcast.net, pwaitster(a)gmail.com, smorrick(a)aol.com, rh1936(a)frontier.com, jan.hafer(a)gallaudet.edu, Brent(a)potomacriverkeeper.org, Rkphillipsjr(a)yahoo.com, bethraps(a)earthlink.net, wind.dance(a)earthlink.net, glnelson(a)hughes.net, dccates(a)gmail.com, info(a)sleepycreekwatershedassociation.org, goldfairy39(a)gmail.com, mike(a)mtvsolar.com, robinmills4(a)yahoo.com, russell(a)morgancountyusa.org, Ronald Wilson <ronwwilson1(a)yahoo.com>, irongate12(a)aol.com, bluheron7(a)netscape.com, blueheron7(a)netscape.com, rainbowjams(a)yahoo.com, angelbemer(a)yahoo.com, carolwv08 <Carolwv08(a)suddenlink.net>, cmathews(a)shepherd.edu, Carly Queen <queenc(a)nwf.org>, Brittany Harthan < britharthan(a)yahoo.com>, Brannon Jones <jones.brannon(a)gmail.com>, briant(a)pshift.com, Buckey Boone <buckey(a)svlas.org>, Collin Jones < jollincones(a)gmail.com>, Jane Laura Doyle <janelauradoyle(a)gmail.com>, elisayoung(a)meigscan.org, firefly19 <firefly19(a)bellsouth.net>, Kara French < sprinklesomesunshine(a)yahoo.com>, "Rachel F." <earthactionteam(a)gmail.com>, benard fiorillo <bfiorillo(a)gmail.com>, forestmongrel(a)gmail.com, LJ VANISH < moviemaniac7303(a)hotmail.com>, Miranda Miller <miranda.rae.miller(a)gmail.com>, "Nathan W. Joseph" <njoseph(a)uvm.edu>, Nativa Kesecker < lovinthedrumin(a)yahoo.com>, nickelpickle(a)hotmail.com, northernrockiesrisingtide(a)gmail.com, gladysann <tinymite01(a)bellsouth.net>, steve <steves1952(a)gmail.com>, sarahlu1983(a)yahoo.com, Sarah.McManus(a)ncf.edu, bo webb <webb.bo(a)gmail.com>, Angela Wiley <wileya120(a)gmail.com>, Trevor Swan <trevorswan3(a)gmail.com> It is with great sadness and regret that we must inform you that the vast majority of the activists with Climate Ground Zero have decided to separate from the CGZ name and Mike Roselle. At this point, the only people still affiliated with CGZ at its base camp in Rock Creek are Mike Roselle, Robert “Dr. Bob” Slusarenko, and Tom Smyth. Many of you are aware that the environment on the Ford Addition, CGZ’s base of operations, has become an unhealthy space that is difficult, if not impossible, to operate a successful campaign in. We have spent year attempting to create a healthier and more supportive working environment by confronting a variety of destructive behaviors, including alcoholism, violence and other abusive actions. Unfortunately, Mike Roselle has attempted to block this process and make unilateral decisions about our communal living and working space. Mike responded to our attempt to eject an abusive person from our community by cutting off all future funding for the action campaign. We cannot run a successful campaign of autonomous direct action against MTR under these conditions. Due to the fact that Climate Ground Zero is set up fiscally as a for-profit consulting business of Mike’s, with sole control of the finances resting in his hands, we must make a break with the CGZ name and identity completely in order to rebuild a healthy and successful campaign. We remain steadfastly committed to using sustained and direct, nonviolent interventions and general civil resistance tactics as one piece of a large tactical puzzle to defend the land and people. We see this separation as necessary to continue our work to abolish strip mining. We also remain committed to battling Massey Energy in civil court as we defend ourselves against their specious Strategic Lawsuits Against Public Participation. We’re actively looking for a place in the Coal River Valley to which we can relocate the action campaign and for funders to support continued direct action in southern West Virginia. We are currently in the process of setting up alternative financial infrastructure. For the moment, anyone interested in lending support to the action campaign is encouraged to contact us at: wvdirectaction(a)gmail.com. When we have new infrastructure set up, we will send an announcement with all the pertinent information. More than ever, we need our friends and allies to support us as we continue to improve and strengthen the campaign of active resistance in the West Virginia coalfields. Too much time and energy has been lost to dealing with the internal problems at Climate Ground Zero. We greatly look forward to rebuilding a campaign that provides the healthy and supportive environment necessary to most effectively contribute to a vibrant and diverse movement against strip mining in Appalachia. Thank you all for your support over the last two years. We are all proud of what we have done and the work we will continue to do. For the mountains, Mathew Louis-Rosenberg, Annie Jane Cotten, Kim Ellis, David Baghdadi, Charles Suggs, Laura Steepleton, Bridgette O’Brien, Grumble, Glen Collins, Maureen Farrell, Laura von Dohlen, Dea Goblirsch, Dave German, Ivan, Andrew Munn -- You received this message because you are subscribed to the Google Groups "SSCWVU" group. To post to this group, send email to sscwvu(a)googlegroups.com. To unsubscribe from this group, send email to sscwvu+unsubscribe(a)googlegroups.com. For more options, visit this group at http://groups.google.com/group/sscwvu?hl=en.

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EC January 2011