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Fw: Hobet 22 lawsuit - good news!
by Jim Sconyers 12 Aug '08

12 Aug '08

<note from SC attorney Aaron Isherwood - we need letters to editors, online comments, etc. about this important victory in the MTR battles> Hey gang, Many comments have already been posted online reacting to Ken Ward's story about our TRO. From what I've seen, a lot are angry rants. It would be great if folks could submit comments. Naturally, we want to avoid the "jobs vs the envt" frame, and instead advocate solutions (like the Coal River Wind project). Aaron Aaron Isherwood Senior Staff Attorney Sierra Club Environmental Law Program 85 Second Street, 2d Floor San Francisco, CA 94105-3441 Phone: (415) 977-5680 Fax: (415) 977-5793 Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "aaron.isherwood(a)sierraclub.org" <aaron.isherwood(a)sierraclub.org> To: Jim Sconyers <jim_scon(a)yahoo.com>; regina1936(a)verizon.net; Bill DePaulo <william.depaulo(a)gmail.com> Cc: bpricesc(a)earthlink.net; bill.mccabe(a)sierraclub.org; vafw(a)naxs.net; oliverbernstein(a)austin.rr.com Sent: Tuesday, August 12, 2008 3:36:27 PM Subject: Hobet 22 lawsuit - good news! Dear Jim, Regina and Bill: Sorry for the delay in giving you a report - yesterday was more than a little crazy - but in case you haven't heard, some good news in our case...! This will be tricky because of the threatened union worker lay-offs. Oliver Bernstein with our media team is working with Bill Price and our allies on a press strategy. Also, thought you'd enjoy the article at the bottom - from Virginia. Best, Aaron Aaron Isherwood Senior Staff Attorney Sierra Club Environmental Law Program 85 Second Street, 2d Floor San Francisco, CA 94105-3441 Phone: (415) 977-5680 Fax: (415) 977-5793 CONFIDENTIAL LEGAL COMMUNICATION/WORK PRODUCT This e-mail may contain privileged and confidential attorney-client communications and/or attorney work product. If you receive this e-mail inadvertently, please reply to the sender and delete all versions on your system. Thank you. http://www.wvgazette.com/News/200808111074 Judge blocks Hobet mine expansion A federal judge on Monday temporarily blocked a permit to expand the Hobet 21 mountaintop removal mine along the Boone-Lincoln county line. By Ken Ward Jr. Staff writer A federal judge on Monday temporarily blocked a permit to expand the Hobet 21 mountaintop removal mine along the Boone-Lincoln county line. U.S. District Judge Robert C. Chambers issued a temporary retraining order requested by the Ohio Valley Environmental Coalition and other groups. Chambers blocked the permit to allow more time to consider evidence and legal arguments in the latest federal court lawsuit over mountaintop removal coal mining. The judge set a hearing for Aug. 20 to consider whether his ruling should be extended to a longer preliminary injunction. "These are serious and substantial questions and this court is required to consider that," Chambers said during a telephone hearing Monday afternoon. Late last week, environmental group lawyers filed a new suit to try to block the Hobet expansion project, known as Hobet 22. They challenged a U.S. Army Corps of Engineers permit issued under the federal Clean Water Act, arguing that the corps did not properly consider the mine's impacts or give the public adequate opportunities to comment on the proposal. Corps officials held a 30-day comment period on the mine in late 2006. But key parts of the mine plan - especially details of how Hobet will mitigate the loss of streams harmed by the operation - were not available until a year later. A final version of that mitigation plan was not available until March 2008. "Until the permit is issued, no one knows what is going on," said Joe Lovett, a lawyer for the citizen groups. "The public doesn't have a meaningful opportunity to raise concerns." Corps attorney Ann Navaro told Chambers that the Hobet permit is different from other agency mining authorizations that have been challenged in court. Hobet has not proposed traditional valley fills that typically bury streams at strip-mining operations. A federal judge on Monday temporarily blocked a permit to expand the Hobet 21 mountaintop removal mine along the Boone-Lincoln county line. U.S. District Judge Robert C. Chambers issued a temporary retraining order requested by the Ohio Valley Environmental Coalition and other groups. Chambers blocked the permit to allow more time to consider evidence and legal arguments in the latest federal court lawsuit over mountaintop removal coal mining. The judge set a hearing for Aug. 20 to consider whether his ruling should be extended to a longer preliminary injunction. "These are serious and substantial questions and this court is required to consider that," Chambers said during a telephone hearing Monday afternoon. Late last week, environmental group lawyers filed a new suit to try to block the Hobet expansion project, known as Hobet 22. They challenged a U.S. Army Corps of Engineers permit issued under the federal Clean Water Act, arguing that the corps did not properly consider the mine's impacts or give the public adequate opportunities to comment on the proposal. Corps officials held a 30-day comment period on the mine in late 2006. But key parts of the mine plan - especially details of how Hobet will mitigate the loss of streams harmed by the operation - were not available until a year later. A final version of that mitigation plan was not available until March 2008. "Until the permit is issued, no one knows what is going on," said Joe Lovett, a lawyer for the citizen groups. "The public doesn't have a meaningful opportunity to raise concerns." Corps attorney Ann Navaro told Chambers that the Hobet permit is different from other agency mining authorizations that have been challenged in court. Hobet has not proposed traditional valley fills that typically bury streams at strip-mining operations. The mine would generate about 30.5 million cubic yards of waste rock and dirt. Most of it would be returned to the mined area, to restore it to its approximate original contour. About 3 million cubic yards of excess rock and dirt would be dumped into existing valley fills on adjacent permits. But the Hobet 22 operation would still "permanently eliminate" more than 4.2 miles of streams, according to corps permit documents. Company officials proposed to mitigate this damage with a plan to "reconstruct" and "create" streams once the mining is done. In a previous case, Chambers has found little evidence that such plans work. Hobet lawyer Bob McLusky told Chambers that Hobet the mining complex involved is the largest United Mine Workers operation in West Virginia. McLusky said that up to 300 UMW jobs could be at stake, but did not provide details as to how long mining could continue without the new permit. "I can't tell you there will be people laid off in 10 days, but at some point in an injunction procedure, people will lose their jobs," McLusky said. A UMW lawyer noted a formal appearance at Monday's hearing, but did not otherwise speak. Corps permit records say that Hobet 22 would employ 75 workers, and mine 2.4 million tons of coal over a three-year period. McLusky also told Chambers that "significant work" has already been done at the site, under a state mining permit issued in June 2007 and the corps permit issued Aug. 1. "This site is already substantially disturbed," McLusky said. "You can't un-ring the bell here." August 12, 2008 Judge blocks Hobet mine expansion A federal judge on Monday temporarily blocked a permit to expand the Hobet 21 mountaintop removal mine along the Boone-Lincoln county line. The mine would generate about 30.5 million cubic yards of waste rock and dirt. Most of it would be returned to the mined area, to restore it to its approximate original contour. About 3 million cubic yards of excess rock and dirt would be dumped into existing valley fills on adjacent permits. But the Hobet 22 operation would still "permanently eliminate" more than 4.2 miles of streams, according to corps permit documents. Company officials proposed to mitigate this damage with a plan to "reconstruct" and "create" streams once the mining is done. In a previous case, Chambers has found little evidence that such plans work. Hobet lawyer Bob McLusky told Chambers that Hobet the mining complex involved is the largest United Mine Workers operation in West Virginia. McLusky said that up to 300 UMW jobs could be at stake, but did not provide details as to how long mining could continue without the new permit. "I can't tell you there will be people laid off in 10 days, but at some point in an injunction procedure, people will lose their jobs," McLusky said. A UMW lawyer noted a formal appearance at Monday's hearing, but did not otherwise speak. Corps permit records say that Hobet 22 would employ 75 workers, and mine 2.4 million tons of coal over a three-year period. McLusky also told Chambers that "significant work" has already been done at the site, under a state mining permit issued in June 2007 and the corps permit issued Aug. 1. "This site is already substantially disturbed," McLusky said. "You can't un-ring the bell here." Reach Ken Ward Jr. at kw...(a)wvgazette.comor 348-1702. August 11, 2008 Bristol Herald Courier An End To Mountaintop Removal Mining? By Debra McCown ABINGDON, Va. – Mountaintop removal could be ended by as early as next year, said a leader in an environmental group working to halt the destructive mining practices. “Now there is an increasingly powerful and vocal national movement to stop mountaintop removal,” said Matt Wasson, an ecologist and director of programs for Appalachian Voices. “I’m saying we’re going to have it stopped by the end of next year ... the end of 2009.” “Mountaintop removal” is, to some, a controversial term. It refers to the blasting away of mountain ridges to get to the coal underneath, a process that evolved with technological advancements over the decades from traditional contour mining. What makes this type of mining cost-effective is a valley-fill permit, which allows the overburden – dirt and rock removed to expose the coal – to be dumped into adjacent valleys. The practice has been criticized as degrading to the environment and hazardous to nearby residents, who must endure the noise, dust and danger of blasting on the mountains above their homes, as well as flooding when stream courses are changed. “Mountaintop removal mining is a national disgrace,” said Aaron Isherwood, staff attorney for the Sierra Club. “If the American people knew what was happening in Appalachia, I feel certain that they would demand an end to this practice.” Coal producers argue that their industry is one of the nation’s most regulated – and as long as they follow regulations, they should be allowed to extract the fuel that fires half of the nation’s electricity generation. Wasson pins his hopes on two distinct possibilities – a pending U.S. 4th Circuit Court of Appeals ruling on a West Virginia court case and the election of a new U.S. president who will take office in January. Other activists agree that both have the potential to put a stop to the issuance of new permits for mountaintop removal mining. “I think if we get a new president, It’ll be stopped, and I guess we’re going to get a new president by next year,” said Joe Lovett, director of the Appalachian Center for the Economy and the Environment. Legal ramifications With a long list of plaintiffs and defendants, the West Virginia lawsuit seeks to put a stop to valley-fill permits, which are issued by the U.S. Army Corps of Engineers. Central to the issue is the question of whether the discard from mining should be considered waste under the 1977 Clean Water Act, which limits the release of pollutants into streams. “I don’t know what will happen in the future,” Lovett said. “I can tell you we haven’t had any significant permits issued since March 2007 because the court found that the federal government was illegally issuing permits at that time.” When a federal court in West Virginia issued an order rescinding permits in question, the permits were sent back to the Corps. The Corps of Engineers contested the ruling in the Richmond appellate court. The case also includes an issue related to sediment discharge. Lovett said three different decisions on valley fills have been overturned by the 4th Circuit since 2000, “but we’re much more optimistic this time.” He said if the appeals court upholds the decision, the federal government, which he said loosened its regulations during the current administration, would have to completely change its permitting processes. “How can they approve the filling of hundreds and a couple thousand miles of mountain streams in this region and say that’s not significantly degrading the water?” Lovett said. “All I can say is the Corps hasn’t been doing its job up until now.” He said in addition to the West Virginia case, which will also affect Virginia, legal action also is under way in Kentucky, and the proposed Ison Rock Ridge mining permit in Wise County, Va., is being watched closely as it moves through the regulatory process, as is the court ruling expected soon in a lawsuit over logging on the site. Andrew Ames, spokesman for the U.S. Department of Justice’s Environment and Natural Resources Division, said the four permits remanded back to the Corps were not stopped; they were just sent back for review. “I wouldn’t be able to comment on what we think the 4th Circuit’s going to rule, but that appeal and those four individual permits do not affect the Army Corps’ ability to issue further individual permits, and they have been doing that,” Ames said. “The plaintiffs again have filed suit over those, and that is still in litigation.” Surface mining’s future Mark Taylor, chief of the energy resource section in the regulatory branch for the Corps, said several valley-fill projects have been authorized by his Huntington, W.Va., district since the West Virginia ruling. “Have we issued any coal mining permits since the ruling? Yes, we have. Do we feel it complies with the judge’s ruling? Yes, we do,” Taylor said. “In the regulatory department, we follow the rules and regulations as passed on to us by Congress and ... the judges. … Whatever they decide is what we will do. We are neither for projects nor against projects.” David Spears, policy manager for the Virginia Department of Mines, Minerals and Energy, said even a ruling from the 4th Circuit favorable to the plaintiffs would not stop all surface mining here. “They would still be able to do traditional surface mining, which is what we call contour surface mining, where they mine around the mountains and reclaim the land when they’re done,” Spears said. “They put the material back up into the mined area.” Barbara Altizer, executive director of the Eastern Coal Council, said if surface mining were stopped, the effect would be catastrophic for the region. “It would be devastating, and not just to Southwest Virginia counties. It would impact Washington County, it would impact the Tri-Cities area. The coal dollar flows in lots of directions,” she said. “There’s so many things that coal is used for.” She said coal has helped the entire nation to grow and prosper, and, along with providing relatively inexpensive energy, it could be the key to future energy independence with the help of technology. She said the extraction of coal by surface mining also has tangible local benefits. “When you live in a mountainous region, sometimes you appreciate the flat land,” she said. “We’ve got airports. We’ve got housing developments. We’ve got shopping centers [because of land flattened by mining].” Jim Norvelle, spokesman for Dominion Virginia Power, which is building a new coal-fired power plant in Wise County, said he would not speculate on the future of valley-fill permits. But, he said, the plant will be able to use a wide variety of fuels. “One of the reasons we pushed so hard for circulating fluidized bed clean-coal technology for this power station is its ability to burn a wide variety of fuels,” Norvelle said. “We will be able to design our fuel plan around a wide range of coal, waste coal and biomass, and can make adjustments as the market for those fuels changes.” Activists say that while opposition to mountaintop removal is reaching critical mass, it will ultimately take action by a new administration in Washington to clarify Clean Water Act regulations to define mine spoil as waste or prohibit mountaintop removal outright. “The next administration could clarify the federal regulations and make it clear that mountaintop removal mining was never foreseen when the surface mining laws were passed and is not permitted under those laws,” Lovett said. “We can fight with agencies all we want, but it’s going to take some will in Washington to get things done.” dmccown(a)bristolnews.com| (276) 791-0701

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FW: See this
by Grubb, Karen 12 Aug '08

12 Aug '08

-----Original Message----- From: mountainpartyexcom(a)googlegroups.com [mailto:mountainpartyexcom@googlegroups.com] On Behalf Of unclesteve197(a)yahoo.com Sent: Tuesday, August 12, 2008 1:29 AM To: mountainpartyexcom(a)googlegroups.com Cc: Daniel Chiotos; Mr. Jeremy Brannon; Aimee Cobb; Heather Sprouse; Leah Devine; Malyka Knapp-Smith; jesse4wvgov(a)yahoo.com; braingymslp(a)yahoo.com; jennieks1(a)yahoo.com; glassamulet(a)hotmail.com; joelbrown88(a)yahoo.com; paulb(a)mc.net; braindeadkid(a)gmail.com; mendelkramer(a)comcast.net; genny_judge(a)yahoo.com; scooter(a)the-exchange-us.com; blkcloud(a)sonic.net; ronnells_mom(a)yahoo.com; Rose Edington; mar3356(a)citynet.net; dmitchell7327(a)suddenlink.net; jerrygrady(a)hotmail.com; hickok6(a)verizon.net; jack.l.hickok(a)wv.gov; mcmillian9(a)yahoo.com; sarapearlbird(a)hotmail.com; xkatwalkx(a)aol.com; angelaplu(a)yahoo.com; 'Marian Keyes'; zroom910(a)aol.com; unclesteve197(a)yahoo.com; wilgerca(a)suddenlink.net; priustech(a)merc.com; Williamson, Gabby; Jeremy Brannan Subject: See this ON MTR - worth reading the comments!!! http://www.commondreams.org/archive/2008/08/11/10933/

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Re: [EC] [Fwd: TrAIL decision]
by William V. DePaulo, Esq. 11 Aug '08

11 Aug '08

Jim I spoke to the guy at the Dominion Post and another guy at WVMetroNews. I plan to file a petition for reconsideration which will keep the Aug 1 order from becoming final (and thereby allowing TrAILCo to commence eminent domain) until the petition is denied. It also extends the time for appeal for 30 days past the decision on the petition for reconsideration, an extension I need because I will be out of town at the end of the month for two of three weeks. I will probably need to seek a stay at the PSC and/or the WVSCOA after the petition for reconsideration is decided. Bill On Mon, Aug 4, 2008 at 5:52 PM, James Kotcon <jkotcon(a)wvu.edu> wrote: > Thanks Bill. I got a call from Dominion Post and WV News Service. I think > we need to maximize press exposure, because the Morgantown radio says > TrAILCO plans to start work "immediately". > > When can we file? > > Meanwhile, I also got a call from another local person who was unaware that > the Grafton Route was even being considered, let alone approved, until she > heard the WV Public Radio broadcast this morning, and the route crosses her > property. > > JBK > > >>> "William V. DePaulo, Esq." <william.depaulo(a)gmail.com> 8/4/2008 2:12 > PM >>> > Jim > > I'll call this guy... > > Bill > > On Mon, Aug 4, 2008 at 1:56 PM, Regina Hendrix <regina1936(a)verizon.net > >wrote: > > > Bill or Jim, Would you give this guy a call. I will let him know he will > > be hearing from one or both of you soon. Regina > > > > Regina, > > > > My name is Jeff Jenkins, reporter, WV MetroNews in Charleston.... > > > > I'm looking for some reaction..(a phone interview) from the Sierra Club > in > > connection with the PSC's decision on the TrAIL project.. could you > please > > call me at WV MetroNews in Charleston.....If not you----someone else with > > the organization would be fine...thanks for you time.. Jeff > > > > > > 342-0580 > > > > > > > -- > William V. DePaulo, Esq. > 179 Summers Street, Suite 232 > Charleston, WV 25301-2163 > Tel: 304-342-5588 > Fax: 304-342-5505 > william.depaulo(a)gmail.com > www.passeggiata.com > > -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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[Fwd: Winter 2009 Canvass Chapter Notification/Feedback Page]
by Regina Hendrix 09 Aug '08

09 Aug '08

I have sent an E-Mail asking if there's any canvassing planned for WV. I believe they have canvassed here in the past and it was not at all coordinated with the Chapter. I've sent an E-Mail inquiring if there's any WV canvassing planned and mentioned the supply of MTR brochures we have. If they are canvassing in state we might want them to distribute info on Trail and PATH and our promotion of an alternative energy program for WV. Regina

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[Fwd: Re: [fom] TrailCo and PATH powerlines]
by Regina Hendrix 07 Aug '08

07 Aug '08

Would someone on the energy committee send some ingo to Mike Harman and his wife, Barbara. They are great Charleston activists for several local organizations and can be very helpful in the PATH fight. They live near the John Amos Power Plant. Regina

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Re: [EC] [fom] TrailCo and PATH powerlines
by Regina Hendrix 07 Aug '08

07 Aug '08

Hi Mike, good to hear from you. I've cc'd the Energy Committee and I'm sure you'll be hearing from someone on the committee soon because we need all the info, experience and support we can get. You must have picked this up from the FOM list where I pasted in the Sierra Club's press release? Regina Mike Harman wrote: > Thanks, Regina, for this finely-stated message. This ( the power line > proposals) is obviously one of the most significant developments in > our energy future, and it must be stopped. > > I have a thick file here from the late 70's concerning the Coalition > of American Electric Consumers, which initially sprung up to stop a > pumped-storage hydro project in Virginia, but which eventually > blossomed into a six-state coalition systematically taking on AEP in > every public venue, with a coherent, comprehensive approach to > conservation, rate reform, and more effective regulation. It was > moderately successful, in my opinion, for as long as it lasted. Dave > Grubb and I helped staff this in WV. > > I have a couple of copies of their multi-colored general flyer which > lays out their overall mission and strategy, if others are interested. > I recently corresponded with Richard Austen, who lead this effort, and > he would be willing to meet with some folks to review their history & > tactics. Now that I'm retired, I would be very interested in helping > as best I can. > > Thanks again! > > Mike Harman > > > > > > > > > ----- Original Message ----- From: "Regina Hendrix" > <regina1936(a)verizon.net> > To: "All of FOM list" <fom(a)lists.riseup.net>; > <mountainjustice(a)lists.riseup.net> > Cc: "Jim Sconyers" <jim_scon(a)yahoo.com>; "Mary Davis" > <mdavis(a)hsc.wvu.edu>; "James Kotcon" <jkotcon(a)wvu.edu>; "William V. > DePaulo, Esq." <william.depaulo(a)gmail.com> > Sent: Wednesday, August 06, 2008 11:19 AM > Subject: [fom] TrailCo and PATH powerlines > > > Once again our Public Service Commission has betrayed the trust of West > Virginians. See http://www.wvgazette.com/News/200808011022 for the >

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PATH
by Regina Hendrix 07 Aug '08

07 Aug '08

I had a call this A.M. from Katherine Kapo of So. Jackson County. She recently learned about PATH and she (along with others in her community) is interested in organizing in opposition. She attended one of the power line info meetings recently and she mentioned that the company has organized a great show of power--not surprising I guess. I've sent her a copy of SC's press release. She would like some pointers on how to organize in her community and anything else that would be helpful. I'm thinking maybe Bill Price would have some advice for her. Katherine's phone is Home-304-988-0009 and Cell-304-380-6686. Regina Hendrix

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Re: [EC] TrAIL line
by Grubb, Karen 06 Aug '08

06 Aug '08

We were eager to work with your council in the past and wish to continue the fight with you. I am sending this to the whole Sierra Club Energy Committee so that all will know of your interest and have an opportunity to respond to you. We are continuing to raise money to fight TrAIL and PATH and welcome you as an ally. We have need of more funds for consultants and legal expenses. I am also sending our press release in case you have not seen it. Karen Grubb Sierra Club Executive Committee From: Rob Marmet [mailto:rmarmet@pecva.org] Sent: Wednesday, August 06, 2008 10:40 AM To: Grubb, Karen Subject: TrAIL line Karen-I got your name off the Sierra Club West Virginia web site. Could you pass along this email to the appropriate contact? I am with Piedmont Environmental Council in Virginia. We have been fighting the TrAIL line here. I see that you have gotten an adverse ruling from the West Virginia Public Service Commission. We got a similar result from the Hearing Examiner in Virginia. Piedmont Environmental Council is willing to work with the Sierra Club in West Virginia to continue to oppose the TrAIL line. If there is any interest, please have the appropriate person contact me. Thanks. Robert G. Marmet Piedmont Environmental Council 45 Horner Street PO Box 460 Warrenton, VA 20188 540 347 2334 Phone 540 454 9536 Cell

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Fwd: Senate Testimony
by James Kotcon 06 Aug '08

06 Aug '08

FYI. JBK >>> "John Balasko" <mjmb(a)westco.net> 8/5/2008 10:02 PM >>> Jim, The following testimony may be useful for Mr. DePaulo's appeal. http://stopaptrail.org/images/LoehrTesitmony_ENR_committee_07.31.08-0001.pdf John George C. Loehr eLucem 4101 Killington Rd. NW, Albuquerque, NM 87114 Phone (505) 792-0643 ~ Fax (505) 792-0644 ~ e-mail: gloehr(a)eLucem.com Hearings of the Senate Energy and Natural Resources Committee July 31, 2008

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Fwd: revised small grant program
by Paul Wilson 06 Aug '08

06 Aug '08

fyi, paul ---------- Forwarded message ---------- From: Verena Owen <baumling(a)aol.com> Date: Tue, Aug 5, 2008 at 11:15 PM Subject: Fwd: revised small grant program To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org We have revised our small grants program to include projects that address mining issues. Please take a look at the new RFP and application here: http://clubhouse.sierraclub.org/conservation/energy/coal/coal-resources.aspx Verena Verena Owen Advisor, Sierra Club National Coal Campaign ------------------------------ It's time to go back to school! Get the latest trends and gadgets that make the grade on AOL Shopping<http://shopping.aol.com/back-to-school?ncid=aolins00050000000007> . ------------------------------ It's time to go back to school! Get the latest trends and gadgets that make the grade on AOL Shopping<http://shopping.aol.com/back-to-school?ncid=aolins00050000000007> . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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: 304-279-6975

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TRAILCO - Sierra Club Petition for Reconsideration of August 1 PSC Decision
by William V. DePaulo, Esq. 06 Aug '08

06 Aug '08

Aaron Last Friday, August 1, the PSC issued a decision granting Allegheny Energy's TrAILCo subsidiary the authority to build the 165 mi electric transmission line from PA, across 114 miles of WV, to the western side of Va. It's a $1 billion project intended, by TrAILCo's own testimony, to provide the infrastructure for four new IGCC coal-fired electric generation plants. The Sierra Club intervened, participated in the ten-day marathon hearing, and along with a number of others thought we actually may have defeated this thing back in January. Importantly, the PSC staff filed a comprehensive brief against approval after the close of evidence. However, after the close of the evidence, TrAILCo embarked on an extensive course of communications -- ex parte in our view, simply negotiations in theirs -- which resulted in the PSC staff attorney reversing their prior position and supporting the proposed line. We obtained nearly 2000 documents under the FOIA relating to the closed-door meetings, and another 1100 from the Governor's office whom many suspected was orchestrating things off stage. In short, by the time the Aug 1 decision came down, we were no longer surprised to see TrAILCo prevail. Under PSC rules, TrAILCo can begin eminent domain proceedings the moment the decision becomes final. PSC rules provide that the decision is not final if a party files a petition for reconsideration within ten days. I filed a quickly drawn petition for reconsideration yesterday - see copy attached. I could fwd the PSC decision also, but it's 183 pages long and a 13 MB file. Let me know if you'd like to see it. It takes about 20 minutes to download from the PSC site. An appeal goes to the WV Supreme Court and must be filed 30 days after the order becomes final. It will now become final 30 days after the PSC rules on the petition for reconsideration. I plan to prepare an appeal. I was not under the impression that a new matter form was required for an appeal, but some folks suggested I check with you. We'd also probably want to pursue the two FOIA requests in court as both the PSC (with a Vaughn index) and the Governor's office (without a Vaughn index) withheld many documents. I could do the FOIA requests on the basis of whatever fees are awarded by the court, if any. Do we need a new matter sheet for any or all of this? Thanks. Bill (and congrats on the victory in Virginia. Great, great work) -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Sierra Club Petition for Reconsideration filed today - August 5, 2008
by William V. DePaulo, Esq. 05 Aug '08

05 Aug '08

I have attached a Petition for Reconsideraton filed today with the PSC. Under PSC rules, TrAILCo can commence eminent domain proceedings as soon as the August 1 order is final, i.e., within 30 days (the time set for an appeal to the WV Supreme Court. Rule 19.3 allows a party to seek reconsideration within 10 days of issuance of an order, i.e., August 11 here. By filing the petition for reconsideration within the ten day deadline, we extend the time for appeal to 30 days after the decison on the petition for reconsideration. The additional time will be critical to putting together a brief that addresses the 3000 page transcript and the nearly 3000 pages of FOIA documents. The attached document has been filed and served, and can be released to any one who wants it. Bill -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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ExCom meeting at Shot Cherry info
by Jim Sconyers 05 Aug '08

05 Aug '08

Our next WVSC ExCom meeting is August 22 - 24 at Shot Cherry Cabin in the Mon National Forest. It is near Riverton and Spruce Knob. Information about the cabin, amenities, meals, and a rough schedule is attached. An agenda call will be made soon. Note that the cabin has no electricity - so, among other things, no charging of laptop batteries. Paul - could you post the info on the website, please? Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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The Energy Pander Bears
by Jim Sconyers 04 Aug '08

04 Aug '08

Meet the Energy Pander Bears! There's silly Georgie Pander Bear - drill in the coastal waters - it'll solve the gas problem! There's old Johnny Pander Bear - don't inflate your tires properly - but do hug a radionuclide! And there's little Barry Pander Bear - tap the oil reserve like it was a honey tree - make everyone happy! No more fantastical than Goldilocks, the Three Little Pigs, ... But we knew those stories were fairy tales! Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last.

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Fwd: who needs power lines...
by James Kotcon 04 Aug '08

04 Aug '08

>>> "Vivian Stockman" <vivian(a)ohvec.org> 8/4/2008 7:25 AM >>> Within 10 years, homeowners could power their homes in daylight with solar photovoltaic cells, while using excess solar energy to produce hydrogen and oxygen from water to power a household fuel cell. If the new process developed at the Massachusetts Institute of Technology finds acceptance in the marketplace, electricity-by-wire from a central source could be a thing of the past. more http://www.ens-newswire.com/ens/aug2008/2008-08-02-01.asp

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Sierra Press Release
by William V. DePaulo, Esq. 02 Aug '08

02 Aug '08

Here is the release issued last night to Ken Ward at the Gazette -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Fw: A washingtonpost.com cartoon link from: jim_scon@yahoo.com
by Jim Sconyers 01 Aug '08

01 Aug '08

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Re: [EC] PSC DECISION ON TRAILCO DUE
by Jim Sconyers 01 Aug '08

01 Aug '08

attached with some notes in bold Also - I guess it's OK to say we're appealing this to the Supreme Court - but to do so will require approvals from WV ExCom and, maybe, national SC. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: "William V. DePaulo, Esq." <william.depaulo(a)gmail.com> To: James Kotcon <jkotcon(a)wvu.edu> Cc: Duane Nichols <Duane330(a)aol.com>; WV Chapter Energy Committee <EC(a)osenergy.org>; Jim Sconyers <jim_scon(a)yahoo.com> Sent: Friday, August 1, 2008 12:23:40 PM Subject: Re: PSC DECISION ON TRAILCO DUE Ken Ward sent an email asking if we would have comments -- assuming the PSC acts today. I have drafted a press release which is attached. Please respond with any comments promptly. Bill On Fri, Aug 1, 2008 at 9:03 AM, James Kotcon <jkotcon(a)wvu.edu> wrote: I concur. I will bet a six-pack of your favorite legal beverage that Mile Layton of the Dominion Post will call me before I even have a chance to read the decision. Would this be a good time to focus attention once again on the PSC Staff flip-flop? I think it is fair to point out that the Commissioners rely on accurate and objective input from their Staff, and Melton's testimony that the line is not needed till 2014, and that they were influenced by the economic "goodies" offered by Allegheny in determining "need" is clearly inappropriate, both legally and scientifically. (Need to work on that sound bite). JBK >>> "William V. DePaulo, Esq." <william.depaulo(a)gmail.com> 8/1/2008 3:22 AM >>> Technically the PSC is not required to decide TrAILCo until Aug 2, Saturday. But the *probability is that they will issue a decision today in TrAILCo's favor* -- there's no reason to ruin a weekend with a formality that can be dispensed with on Friday. It is very likely we will get calls from some *media*. Assuming the decision is to approve TrAILCo's application -- and I expect nothing else -- I believe we should express *disappointment with the PSC decision, without questioning their good faith*, and indicate that *we will in all probability will appeal *to the WV Supreme Court. And we will continue our fight to stop other unnecessary and environmentally degrading transmission lines in the future, i.e. PATH from AEP in the fal. I also be strongly that we should *avoid anything that could be viewed as personal attacks *on the intelligence or character of PSC Commissioners McKinney and Staats, whom we will appear in front of for many years. There is plenty on the merits to criticize here. We should* focus on the big themes* -- 1. the *temporary, short term character of the purported benefits* and 2. the *permanence of the long term environmental costs*, both physically on the ground in West Virginia and world-wide in terms of global warming. 3. * the alternative energy solutions -- the low hanging fruit of conservation, wind and solar -- simply waiting to be picked*. 4. the risks of *failing to divesify *West Virginia's energy base away a 97% dependence on coal at a time when coal is about to be hit with massive cost increases, increases that W. Va. consumers and businesses will have no way to avoid. In short, let's use this exercise as an opportunity for education. Bill -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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PSC DECISION ON TRAILCO DUE
by William V. DePaulo, Esq. 01 Aug '08

01 Aug '08

Technically the PSC is not required to decide TrAILCo until Aug 2, Saturday. But the *probability is that they will issue a decision today in TrAILCo's favor* -- there's no reason to ruin a weekend with a formality that can be dispensed with on Friday. It is very likely we will get calls from some *media*. Assuming the decision is to approve TrAILCo's application -- and I expect nothing else -- I believe we should express *disappointment with the PSC decision, without questioning their good faith*, and indicate that *we will in all probability will appeal *to the WV Supreme Court. And we will continue our fight to stop other unnecessary and environmentally degrading transmission lines in the future, i.e. PATH from AEP in the fal. I also be strongly that we should *avoid anything that could be viewed as personal attacks *on the intelligence or character of PSC Commissioners McKinney and Staats, whom we will appear in front of for many years. There is plenty on the merits to criticize here. We should* focus on the big themes* -- 1. the *temporary, short term character of the purported benefits* and 2. the *permanence of the long term environmental costs*, both physically on the ground in West Virginia and world-wide in terms of global warming. 3. * the alternative energy solutions -- the low hanging fruit of conservation, wind and solar -- simply waiting to be picked*. 4. the risks of *failing to divesify *West Virginia's energy base away a 97% dependence on coal at a time when coal is about to be hit with massive cost increases, increases that W. Va. consumers and businesses will have no way to avoid. In short, let's use this exercise as an opportunity for education. Bill -- William V. DePaulo, Esq. 179 Summers Street, Suite 232 Charleston, WV 25301-2163 Tel: 304-342-5588 Fax: 304-342-5505 william.depaulo(a)gmail.com www.passeggiata.com

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Fwd: Final WVNS usage report for Report: West Virginia Drivers Spend Higher Percentage
by Paul Wilson 31 Jul '08

31 Jul '08

pretty good coverage on this WVNS story, paul ---------- Forwarded message ---------- From: Public News Service <wvns(a)publicnewsservice.org> Date: Mon, Jul 28, 2008 at 4:23 PM Subject: Final WVNS usage report for Report: West Virginia Drivers Spend Higher Percentage To: pjgrunt(a)gmail.com Dear West Virginia News Service supporters, Attached is the usage report for a story related to Global Warming/Air Quality that was aired on 7/24/2008. As you will see from the attached report, the story entitled Report: West Virginia Drivers Spend Higher Percentage of Income on Gas was aired by at least 764 stations. Plus 29 stations took both soundbites and ran at least two versions of the story. Additionally, the RSS story text or audio was accessed 4 times. These numbers are conservative since we know stories are commonly run 3-4 times on each station during the course of a day As always, keep sending story ideas to our producer: Rob Ferrett WVNS Executive Producer Toll Free: 800-317-6705 Local: 800-317-6705 Fax: 540.301.0801 wvns(a)publicnewsservice.org The banner or story summary for this story is: Charleston, WV – West Virginians are listed as some of the most vulnerable in the country when it comes to high gas prices, according to a new report from the Natural Resources Defense Council. The study looked at percentage of income spent on fuel, as well as state policies to encourage better gas mileage for cars and trucks. Comments from Deron Lovaas (darin LOH-voss), transportation security director with NRDC. --- To be removed from this list please send an e-mail to remove(a)publicnewsservice.org and put the word "remove" in the subject line. -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-6975

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Fw: Sign Our Petition: Stop Mountaintop Removal Mining
by Jim Sconyers 31 Jul '08

31 Jul '08

Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "Greg Haegele, Sierra Club" <membership.services(a)sierraclub.org> To: jim_scon(a)yahoo.com Sent: Thursday, July 31, 2008 8:00:22 AM Subject: Sign Our Petition: Stop Mountaintop Removal Mining Sierra Club Mountaintop removal mining is devastating and permanent - please sign our petition and help put a stop to the irreversible damage caused by this form of mining. Dear Jim, Mountaintop removal mining is exactly that, instead of digging tunnels to mine for coal, the tops of whole mountains are blown off with explosives to expose the seams of coal hidden underneath. Beautiful mountain ranges are reduced to leveled worksites while the dirt, rock, trees and other debris are bulldozed into the surrounding valleys, blocking and contaminating local rivers and streams, flooding and polluting the water in local communities, and threatening countless animals and plants. This practice was banned for over a quarter of a century until President Bush legalized mountaintop removal mining again in 2002. It is now estimated that this process will destroy more than 1.4 million acres of American mountain ranges, chiefly in the Appalachian area. That’s why I am asking you to please act now and sign our petition urging Congress to stop this deadly practice. To make it more difficult for the coal mining companies to use mountaintop removal, we are pushing Congress to pass the Clean Water Protection Act. This important legislation, if passed, will make mountaintop removal impossible by preventing mining companies from dumping their waste into the surrounding valleys and the rivers and streams which flow through them. Since there is nowhere else to dump the resulting huge deposits of waste, the practice will become impractical to continue. Help us bring a permanent end to this process - tell your representatives to pass the Clean Water Protection Act - now! The Coal Industry has financed an army of lobbyists and a major ad campaign to sway the opinion of lawmakers and the public to their side. You may have seen one of the many “Clean Coal” television ads that have saturated our airwaves in recent months. But simply adding the word “clean” or any other positive adjective to the word “coal” doesn’t change the many negative unhealthy effects of this dirty fossil fuel. Fact is, coal emissions are the top contributors to global warming. Increasing our dependence on coal will intensify and expand the effects of global warming. That’s why we must oppose mountaintop removal coal mining. Please sign our petition and put a stop to mountaintop removal - right now! Thank you for your support. Sincerely, Greg Haegele Director of Conservation P.S. Mountaintop removal mining permanently destroys vast tracts of our rapidly disappearing wildlands and wildlife habitat, and poses dire consequences for our environment. Please take action today and urge your representatives to oppose this hideous and destructive form of mining. You received this email because you have previously supported the Sierra Club's efforts and/or expressed interest in future communications from us. We appreciate that you have chosen to receive email from us. If, however, you received this email in error or do not wish to receive future emails like this, click here to be removed from this type of email contact. Sierra Club 85 Second Street, 2nd Fl. San Francisco, CA 94105 membership.services(a)sierraclub.org (415) 977-5653 http://www.sierraclub.org/ Update My Profile| Manage My Email Preferences | Update My Interests

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Energy membership list.
by Barbara Fallon 31 Jul '08

31 Jul '08

Energy Committee, Clean up time: Please resond to me by Friday, August 1st, if you are interested in staying on the energy committee. If I do not hear from you I will ask Jonathan to take you off the email list. Regards, Barbara

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Re: [EC] [fom] What's our greeting? Bush Heading to WV to Speak about Coal
by Jim Sconyers 30 Jul '08

30 Jul '08

Right - except "clean energy" would probably be interpreted as supportive of coal, since the host group thinks they're doing clean energy. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: Vernon Haltom <vernoncrmw(a)gmail.com> To: Bill Price <bill.price(a)sierraclub.org> Cc: Jim Sconyers <jim_scon(a)yahoo.com>; Brad Wood <woodb20(a)gmail.com>; Regina Hendrix <regina1936(a)verizon.net>; fom(a)lists.riseup.net; danny(a)seac.org; ec(a)osenergy.org; Allan Tweddle <allantweddle(a)msn.com>; Autumn <blisssister(a)hotmail.com>; Barbara Fallon <brbr_fallon(a)yahoo.com>; Beth Little <blittle(a)citynet.net>; Bill DePaulo <william.depaulo(a)gmail.com>; Dave Saville <daves(a)labyrinth.net>; Duane Nichols <duane330(a)aol.com>; Jim Kotcon <jkotcon(a)wvu.edu>; Kate Stone <klastone(a)cisunix.unh.edu>; Matt Keller <matt.keller(a)wvwild.org>; Paul Wilson <pjgrunt(a)lycos.com> Sent: Wednesday, July 30, 2008 2:41:54 PM Subject: Re: [fom] What's our greeting? Bush Heading to WV to Speak about Coal Good luck to all who go--wish I could but am just not able to. Messaging: since this is a coal industry event he's going to, it sure wouldn't hurt to have some "stop mountaintop removal" signs, "no such thing as clean coal," maybe some "clean energy now!" signs, etc. Maybe even some "coal kills people" signs. There is the possibility that some national news outlets might see/film it (probably not CNN as they're funded by the coal industry, but maybe), what with energy/gas prices in the news. Anyway, good luck. On Wed, Jul 30, 2008 at 2:19 PM, Bill Price <bill.price(a)sierraclub.org> wrote: Jim and all, There is some energy from a few to go to this, but mostly people are recognizing that this may not be the best use of their time and resources. There may be a ad hoc group of people (probably around 20 or so) that may show up to "welcome" Bush, but I don't think this is going to be a major action. Does anyone have those little calculators that show the number of days until Bush departs. Bill Price, Sierra Club EJ Program 922 Quarrier Street, Suite 304 Charleston, WV 25311 Phone 304-342-3182 Cell 304-389-8822 Fax 304-342-3183 ________________________________ From:Jim Sconyers [mailto:jim_scon@yahoo.com] Sent: Wednesday, July 30, 2008 2:04 PM To: Brad Wood Cc: Regina Hendrix; Bill Price; fom(a)lists.riseup.net; danny(a)seac.org; ec(a)osenergy.org; Allan Tweddle; Autumn; Barbara Fallon; Beth Little; Bill DePaulo; Dave Saville; Duane Nichols; Jim Kotcon; Kate Stone; Matt Keller; Paul Wilson Subject: Re: [fom] What's our greeting? Bush Heading to WV to Speak about Coal Unfortunately, I am not coming to poke W in the eye, much as I'd enjoy it. I Mapquested it and it would be a 500 mile round trip - just can't face that - sorry. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: Brad Wood <woodb20(a)gmail.com> To: Jim Sconyers <jim_scon(a)yahoo.com> Cc: Regina Hendrix <regina1936(a)verizon.net>; Bill Price <bill.price(a)sierraclub.org>; fom(a)lists.riseup.net; danny(a)seac.org; ec(a)osenergy.org; Allan Tweddle <allantweddle(a)msn.com>; Autumn <blisssister(a)hotmail.com>; Barbara Fallon <brbr_fallon(a)yahoo.com>; Beth Little <blittle(a)citynet.net>; Bill DePaulo <william.depaulo(a)gmail.com>; Dave Saville <daves(a)labyrinth.net>; Duane Nichols <duane330(a)aol.com>; Jim Kotcon <jkotcon(a)wvu.edu>; Kate Stone <klastone(a)cisunix.unh.edu>; Matt Keller <matt.keller(a)wvwild.org>; Paul Wilson <pjgrunt(a)lycos.com> Sent: Monday, July 28, 2008 7:13:51 PM Subject: Re: [fom] What's our greeting? Bush Heading to WV to Speak about Coal Would anyone like to meet me in Lewisburg or White Sulfur tomorrow? We can talk to police, put up fliers, find out things, etc... I can do all this by myself, but I know there are fomers around Lewisburg who might help if they can. And as for a message, I would like to be more blunt. I've seen some wonderful signs at coal river that are just begging to be held up (though some of the best are Massey specific...) On Mon, Jul 28, 2008 at 5:21 PM, Jim Sconyers <jim_scon(a)yahoo.com> wrote: What is the message/sound bite/sign text? Seems like "Coal Stinks" might not be quite right. "Blowin in the Wind" "Here Comes the Sun" Energy Forecast: Sunny and Windy" uh.... Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: Regina Hendrix <regina1936(a)verizon.net> To: Jim Sconyers <jim_scon(a)yahoo.com>; Bill Price <bill.price(a)sierraclub.org> Sent: Monday, July 28, 2008 2:17:13 PM Subject: [Fwd: Re: [mountainjusticesummer] Fwd: [fom] Bush Heading to WV to Speak about Coal] Looks as if interest is building. I am interested. Regina -----Inline Message Follows----- I know there will be a good handful of MJers at the festival, and I'll bet you ten dollars we can recruit more rabblerousers... Are there already plans in the works that we could coordinate with? mander On Mon, Jul 28, 2008 at 10:04 AM, Dana Kuhnline <dana.kuhnline(a)gmail.com> wrote: Oh my lord! I have some signs around that could be utilized. Dana ---------- Forwarded message ---------- From: Daniel Chiotos <danny(a)seac.org> Date: Fri, Jul 25, 2008 at 6:38 PM Subject: [fom] Bush Heading to WV to Speak about Coal To: FOM list <fom(a)lists.riseup.net> ---------- Forwarded message ---------- From: Malyka Knapp-Smith <mknappsmith(a)yahoo.com> Date: Fri, Jul 25, 2008 at 6:19 PM Subject: joy of joys....can we go protest??????? To: Daniel Chiotos <trouserdude(a)gmail.com> Friday July 25, 2008 President George W. Bush headed to West Virginia He will speak about importance of coal in national energy future by George Hohmann Daily Mail Business Editor President George W. Bush will speak at the West Virginia Coal Association's annual meeting next Thursday at The Greenbrier Resort, White House spokesman Blair Jones said today. "The president will talk about overall energy issues and the importance of clean coal technologies and nuclear power technologies," Jones said. Bill Raney, president of the West Virginia Coal Association, said today, "We're so very honored that the President has chosen to come to West Virginia and to the West Virginia Coal Association's meeting as an opportunity to talk about energy and the needs we have and the important part that West Virginia coal miners and coal mines play in this nation's energy picture." The meeting will be July 31 through Aug. 3. Also scheduled to speak: * West Virginia University Interim President Peter Magrath. * Michael Morris, president and chief executive officer of American Electric Power. * Jim Boyd of John T. Boyd Co. will discuss coal markets. John T. Boyd Co. is a mining consulting company. * Hal Quinn, senior vice president of the National Mining Association, will talk about national issues relating to coal. * Randy Huffman, secretary of the state Department of Environmental Protection. * Homer Hickam, one of the original Rocket Boys and author of the recently released book, "Red Helmet." Contact writer George Hohmann at busin...(a)dailymail.com or 348-4836. Malyka Knapp-Smith 907 Scenic Drive Charleston WV 25311 Power Vote Pledge for Clean & Just Energy - Sign It! www.seac.org/pledge Support the Coal River Wind Campaign - Sign It! http://www.coalriverwind.org/?page_id=28 Sí Se Puede - Obama 08 -- Cheers, Daniel Chiotos SEAC Appalachia Organizer 1615 Franklin Ave, Apt D Charleston, WV, 25311 (304)886-3389 {www.seac.org} Support the Coal River Wind Campaign - Sign It! http://www.coalriverwind.org/?page_id=28 Power Vote Pledge for Clean & Just Energy - Sign It! {www.seac.org/pledge} "We may be poor but we are not for sale" -Great Song -- Dana Kuhnline Alliance for Appalachia PO Box 11701 Charleston, WV 25339 Call: (304) 546-8473 Fax: (304) 342-3183 www.ilovemountains.org Support youth working for climate justice! www.seac.org Nobody made a greater mistake than doing nothing because you can only do a little. Edmund Burke -- Dana Kuhnline Alliance for Appalachia PO Box 11701 Charleston, WV 25339 Call: (304) 546-8473 Fax: (304) 342-3183 www.ilovemountains.org Support youth working for climate justice! www.seac.org Nobody made a greater mistake than doing nothing because you can only do a little. Edmund Burke -----Inline Attachment Follows----- Interesting. Maybe we should make some fliers that could be printed and brought to clifftop and maybe hung up in coffeeshops etc. at Greenbrier cty. Is there anyway we could find out where people interested in going should meet up and where a safe place to park and stand would be? As I recall, the Amtrak station is basically right across from the Greenbrier, so that would be a decent launching spot, any thoughts? They have a gatekeeper there, so I doubt they will let anyone on the grounds or anywhere near where the FOCers will be but a highway presence would be nice to have anyway and maybe Bush will drive by and his security agents will see the signs. http://maps.google.com/maps?f=q&hl=en&geocode=&q=greenbrier+resort,+white+s… Dana On Mon, Jul 28, 2008 at 1:38 PM, Amanda Cagle <caglear(a)gmail.com> wrote: The Greenbrier Resort is in White Sulphur Springs, which is only 50 miles away from the annual Appalachian Old Time Music festival in Clifftop, WV, which just happens to run from the 29th through the 3rd. I know there will be a good handful of MJers at the festival, and I'll bet you ten dollars we can recruit more rabblerousers... Are there already plans in the works that we could coordinate with? mander On Mon, Jul 28, 2008 at 10:04 AM, Dana Kuhnline <dana.kuhnline(a)gmail.com> wrote: Oh my lord! I have some signs around that could be utilized. Dana ---------- Forwarded message ---------- From: Daniel Chiotos <danny(a)seac.org> Date: Fri, Jul 25, 2008 at 6:38 PM Subject: [fom] Bush Heading to WV to Speak about Coal To: FOM list <fom(a)lists.riseup.net> ---------- Forwarded message ---------- From: Malyka Knapp-Smith <mknappsmith(a)yahoo.com> Date: Fri, Jul 25, 2008 at 6:19 PM Subject: joy of joys....can we go protest??????? To: Daniel Chiotos <trouserdude(a)gmail.com> Friday July 25, 2008 President George W. Bush headed to West Virginia He will speak about importance of coal in national energy future by George Hohmann Daily Mail Business Editor President George W. Bush will speak at the West Virginia Coal Association's annual meeting next Thursday at The Greenbrier Resort, White House spokesman Blair Jones said today. "The president will talk about overall energy issues and the importance of clean coal technologies and nuclear power technologies," Jones said. Bill Raney, president of the West Virginia Coal Association, said today, "We're so very honored that the President has chosen to come to West Virginia and to the West Virginia Coal Association's meeting as an opportunity to talk about energy and the needs we have and the important part that West Virginia coal miners and coal mines play in this nation's energy picture." The meeting will be July 31 through Aug. 3. Also scheduled to speak: * West Virginia University Interim President Peter Magrath. * Michael Morris, president and chief executive officer of American Electric Power. * Jim Boyd of John T. Boyd Co. will discuss coal markets. John T. Boyd Co. is a mining consulting company. * Hal Quinn, senior vice president of the National Mining Association, will talk about national issues relating to coal. * Randy Huffman, secretary of the state Department of Environmental Protection. * Homer Hickam, one of the original Rocket Boys and author of the recently released book, "Red Helmet." Contact writer George Hohmann at busin...(a)dailymail.com or 348-4836. Malyka Knapp-Smith 907 Scenic Drive Charleston WV 25311 Power Vote Pledge for Clean & Just Energy - Sign It! www.seac.org/pledge Support the Coal River Wind Campaign - Sign It! http://www.coalriverwind.org/?page_id=28 Sí Se Puede - Obama 08 -- Cheers, Daniel Chiotos SEAC Appalachia Organizer 1615 Franklin Ave, Apt D Charleston, WV, 25311 (304)886-3389 {www.seac.org} Support the Coal River Wind Campaign - Sign It! http://www.coalriverwind.org/?page_id=28 Power Vote Pledge for Clean & Just Energy - Sign It! {www.seac.org/pledge} "We may be poor but we are not for sale" -Great Song -- Dana Kuhnline Alliance for Appalachia PO Box 11701 Charleston, WV 25339 Call: (304) 546-8473 Fax: (304) 342-3183 www.ilovemountains.org Support youth working for climate justice! www.seac.org Nobody made a greater mistake than doing nothing because you can only do a little. Edmund Burke -- Dana Kuhnline Alliance for Appalachia PO Box 11701 Charleston, WV 25339 Call: (304) 546-8473 Fax: (304) 342-3183 www.ilovemountains.org Support youth working for climate justice! www.seac.org Nobody made a greater mistake than doing nothing because you can only do a little. Edmund Burke -- True compassion is more than flinging a coin to a begger. It comes to see that an edifice which produces beggers needs restructuring. -Dr. Martin Luther King; April 4, 1967 -- Vernon Haltom Co-director Coal River Mountain Watch 304-854-2182 www.crmw.net www.mountainjusticesummer.org For a Clean, Just, Sustainable Appalachia

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Re: [EC] [fom] What's our greeting? Bush Heading to WV to Speak about Coal
by Jim Sconyers 30 Jul '08

30 Jul '08

Unfortunately, I am not coming to poke W in the eye, much as I'd enjoy it. I Mapquested it and it would be a 500 mile round trip - just can't face that - sorry. Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: Brad Wood <woodb20(a)gmail.com> To: Jim Sconyers <jim_scon(a)yahoo.com> Cc: Regina Hendrix <regina1936(a)verizon.net>; Bill Price <bill.price(a)sierraclub.org>; fom(a)lists.riseup.net; danny(a)seac.org; ec(a)osenergy.org; Allan Tweddle <allantweddle(a)msn.com>; Autumn <blisssister(a)hotmail.com>; Barbara Fallon <brbr_fallon(a)yahoo.com>; Beth Little <blittle(a)citynet.net>; Bill DePaulo <william.depaulo(a)gmail.com>; Dave Saville <daves(a)labyrinth.net>; Duane Nichols <duane330(a)aol.com>; Jim Kotcon <jkotcon(a)wvu.edu>; Kate Stone <klastone(a)cisunix.unh.edu>; Matt Keller <matt.keller(a)wvwild.org>; Paul Wilson <pjgrunt(a)lycos.com> Sent: Monday, July 28, 2008 7:13:51 PM Subject: Re: [fom] What's our greeting? Bush Heading to WV to Speak about Coal Would anyone like to meet me in Lewisburg or White Sulfur tomorrow? We can talk to police, put up fliers, find out things, etc... I can do all this by myself, but I know there are fomers around Lewisburg who might help if they can. And as for a message, I would like to be more blunt. I've seen some wonderful signs at coal river that are just begging to be held up (though some of the best are Massey specific...) On Mon, Jul 28, 2008 at 5:21 PM, Jim Sconyers <jim_scon(a)yahoo.com> wrote: What is the message/sound bite/sign text? Seems like "Coal Stinks" might not be quite right. "Blowin in the Wind" "Here Comes the Sun" Energy Forecast: Sunny and Windy" uh.... Jim Sconyers jim_scon(a)yahoo.com 603.969.6712 Remember: Mother Nature bats last. ----- Original Message ---- From: Regina Hendrix <regina1936(a)verizon.net> To: Jim Sconyers <jim_scon(a)yahoo.com>; Bill Price <bill.price(a)sierraclub.org> Sent: Monday, July 28, 2008 2:17:13 PM Subject: [Fwd: Re: [mountainjusticesummer] Fwd: [fom] Bush Heading to WV to Speak about Coal] Looks as if interest is building. I am interested. Regina -----Inline Message Follows----- I know there will be a good handful of MJers at the festival, and I'll bet you ten dollars we can recruit more rabblerousers... Are there already plans in the works that we could coordinate with? mander On Mon, Jul 28, 2008 at 10:04 AM, Dana Kuhnline <dana.kuhnline(a)gmail.com> wrote: Oh my lord! I have some signs around that could be utilized. Dana ---------- Forwarded message ---------- From: Daniel Chiotos <danny(a)seac.org> Date: Fri, Jul 25, 2008 at 6:38 PM Subject: [fom] Bush Heading to WV to Speak about Coal To: FOM list <fom(a)lists.riseup.net> ---------- Forwarded message ---------- From: Malyka Knapp-Smith <mknappsmith(a)yahoo.com> Date: Fri, Jul 25, 2008 at 6:19 PM Subject: joy of joys....can we go protest??????? To: Daniel Chiotos <trouserdude(a)gmail.com> Friday July 25, 2008 President George W. Bush headed to West Virginia He will speak about importance of coal in national energy future by George Hohmann Daily Mail Business Editor President George W. Bush will speak at the West Virginia Coal Association's annual meeting next Thursday at The Greenbrier Resort, White House spokesman Blair Jones said today. "The president will talk about overall energy issues and the importance of clean coal technologies and nuclear power technologies," Jones said. Bill Raney, president of the West Virginia Coal Association, said today, "We're so very honored that the President has chosen to come to West Virginia and to the West Virginia Coal Association's meeting as an opportunity to talk about energy and the needs we have and the important part that West Virginia coal miners and coal mines play in this nation's energy picture." The meeting will be July 31 through Aug. 3. Also scheduled to speak: * West Virginia University Interim President Peter Magrath. * Michael Morris, president and chief executive officer of American Electric Power. * Jim Boyd of John T. Boyd Co. will discuss coal markets. John T. Boyd Co. is a mining consulting company. * Hal Quinn, senior vice president of the National Mining Association, will talk about national issues relating to coal. * Randy Huffman, secretary of the state Department of Environmental Protection. * Homer Hickam, one of the original Rocket Boys and author of the recently released book, "Red Helmet." Contact writer George Hohmann at busin...(a)dailymail.com or 348-4836. Malyka Knapp-Smith 907 Scenic Drive Charleston WV 25311 Power Vote Pledge for Clean & Just Energy - Sign It! www.seac.org/pledge Support the Coal River Wind Campaign - Sign It! http://www.coalriverwind.org/?page_id=28 Sí Se Puede - Obama 08 -- Cheers, Daniel Chiotos SEAC Appalachia Organizer 1615 Franklin Ave, Apt D Charleston, WV, 25311 (304)886-3389 {www.seac.org} Support the Coal River Wind Campaign - Sign It! http://www.coalriverwind.org/?page_id=28 Power Vote Pledge for Clean & Just Energy - Sign It! {www.seac.org/pledge} "We may be poor but we are not for sale" -Great Song -- Dana Kuhnline Alliance for Appalachia PO Box 11701 Charleston, WV 25339 Call: (304) 546-8473 Fax: (304) 342-3183 www.ilovemountains.org Support youth working for climate justice! www.seac.org Nobody made a greater mistake than doing nothing because you can only do a little. Edmund Burke -- Dana Kuhnline Alliance for Appalachia PO Box 11701 Charleston, WV 25339 Call: (304) 546-8473 Fax: (304) 342-3183 www.ilovemountains.org Support youth working for climate justice! www.seac.org Nobody made a greater mistake than doing nothing because you can only do a little. Edmund Burke -----Inline Attachment Follows----- Interesting. Maybe we should make some fliers that could be printed and brought to clifftop and maybe hung up in coffeeshops etc. at Greenbrier cty. Is there anyway we could find out where people interested in going should meet up and where a safe place to park and stand would be? As I recall, the Amtrak station is basically right across from the Greenbrier, so that would be a decent launching spot, any thoughts? They have a gatekeeper there, so I doubt they will let anyone on the grounds or anywhere near where the FOCers will be but a highway presence would be nice to have anyway and maybe Bush will drive by and his security agents will see the signs. http://maps.google.com/maps?f=q&hl=en&geocode=&q=greenbrier+resort,+white+s… Dana On Mon, Jul 28, 2008 at 1:38 PM, Amanda Cagle <caglear(a)gmail.com> wrote: The Greenbrier Resort is in White Sulphur Springs, which is only 50 miles away from the annual Appalachian Old Time Music festival in Clifftop, WV, which just happens to run from the 29th through the 3rd. I know there will be a good handful of MJers at the festival, and I'll bet you ten dollars we can recruit more rabblerousers... Are there already plans in the works that we could coordinate with? mander On Mon, Jul 28, 2008 at 10:04 AM, Dana Kuhnline <dana.kuhnline(a)gmail.com> wrote: Oh my lord! I have some signs around that could be utilized. Dana ---------- Forwarded message ---------- From: Daniel Chiotos <danny(a)seac.org> Date: Fri, Jul 25, 2008 at 6:38 PM Subject: [fom] Bush Heading to WV to Speak about Coal To: FOM list <fom(a)lists.riseup.net> ---------- Forwarded message ---------- From: Malyka Knapp-Smith <mknappsmith(a)yahoo.com> Date: Fri, Jul 25, 2008 at 6:19 PM Subject: joy of joys....can we go protest??????? To: Daniel Chiotos <trouserdude(a)gmail.com> Friday July 25, 2008 President George W. Bush headed to West Virginia He will speak about importance of coal in national energy future by George Hohmann Daily Mail Business Editor President George W. Bush will speak at the West Virginia Coal Association's annual meeting next Thursday at The Greenbrier Resort, White House spokesman Blair Jones said today. "The president will talk about overall energy issues and the importance of clean coal technologies and nuclear power technologies," Jones said. Bill Raney, president of the West Virginia Coal Association, said today, "We're so very honored that the President has chosen to come to West Virginia and to the West Virginia Coal Association's meeting as an opportunity to talk about energy and the needs we have and the important part that West Virginia coal miners and coal mines play in this nation's energy picture." The meeting will be July 31 through Aug. 3. Also scheduled to speak: * West Virginia University Interim President Peter Magrath. * Michael Morris, president and chief executive officer of American Electric Power. * Jim Boyd of John T. Boyd Co. will discuss coal markets. John T. Boyd Co. is a mining consulting company. * Hal Quinn, senior vice president of the National Mining Association, will talk about national issues relating to coal. * Randy Huffman, secretary of the state Department of Environmental Protection. * Homer Hickam, one of the original Rocket Boys and author of the recently released book, "Red Helmet." Contact writer George Hohmann at busin...(a)dailymail.com or 348-4836. Malyka Knapp-Smith 907 Scenic Drive Charleston WV 25311 Power Vote Pledge for Clean & Just Energy - Sign It! www.seac.org/pledge Support the Coal River Wind Campaign - Sign It! http://www.coalriverwind.org/?page_id=28 Sí Se Puede - Obama 08 -- Cheers, Daniel Chiotos SEAC Appalachia Organizer 1615 Franklin Ave, Apt D Charleston, WV, 25311 (304)886-3389 {www.seac.org} Support the Coal River Wind Campaign - Sign It! http://www.coalriverwind.org/?page_id=28 Power Vote Pledge for Clean & Just Energy - Sign It! {www.seac.org/pledge} "We may be poor but we are not for sale" -Great Song -- Dana Kuhnline Alliance for Appalachia PO Box 11701 Charleston, WV 25339 Call: (304) 546-8473 Fax: (304) 342-3183 www.ilovemountains.org Support youth working for climate justice! www.seac.org Nobody made a greater mistake than doing nothing because you can only do a little. Edmund Burke -- Dana Kuhnline Alliance for Appalachia PO Box 11701 Charleston, WV 25339 Call: (304) 546-8473 Fax: (304) 342-3183 www.ilovemountains.org Support youth working for climate justice! www.seac.org Nobody made a greater mistake than doing nothing because you can only do a little. Edmund Burke -- True compassion is more than flinging a coin to a begger. It comes to see that an edifice which produces beggers needs restructuring. -Dr. Martin Luther King; April 4, 1967

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PATH meeting in Buckhannon
by James Kotcon 29 Jul '08

29 Jul '08

I attended the PATH public meeting in Buckhannon last night, and had gone so far as to update the fact Sheet we wrote for TrAIL last year. For better or worse, the meeting was very poorly attended, probably about 30 citizens when I took a count, and about 45 "green shirts" representing PATH. They are doing a very good job of presenting this as an environmentally responsible project, and had tables and displays talking about energy conservation and CFL light bulbs, but the real goal is to sell PATH. Interestingly, the proposed routes represent a spiderweb of intersecting links all over central West Virginia. One southern route goes just south of Elkins and follows Route 33 East through the Mon Forest. All other routes meet up with, and parallel the TrAIL route from souther Preston County, to Mt. Storm and then East through the Eastern Panhandle. I asked if this new line would be in addition to TrAIL and they said yes, both new lines would parallel the existing line from Mt. Storm to Meadowbrook as much as possible, as the PSC has clearly indicated a preference for avoiding new greenfields routes. (Perhaps someone should mention this to the Bhavana Society). My biggest mistake was not talking to the TV cameras first. They were interviewing someone when I got there shortly after 5, but disappeared promptly, I suspect to get the film to the Clarksburg studio in time for the 6 PM broadcast. If people go to any of the other meetings, be sure to talk to reporters and let them know how much opposed we are, as that will make the story much more interesting t the reporters, and generate news for us. But the PATH green shirts were very good at suppressing controversy and steering anyone with questions off to one little corner or another, so the meeting was really pretty boring and ineffective. It was a great way to stifle public debate, and we will need to stimulate some if we are to be effective. My recommendation to those I talked to was to get their County Commissions to pass resolutions opposing the line, similar to what Monongalia, Preston, Tucker, Hampshire and other Counties did for TrAIL. And if your County Commissioner is leery of opposing this, tell them to talk to the Commissioners in those Counties that have already done so, and get them to talk about why everyone is opposed to the line. JBK

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