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Please Write Today About Coal Trucks
Upcoming Events, Including The WV Environmental Council Meeting This Saturday
WE WIN MAJOR LAWSUIT VICTORY!
Many, many thanks to attorneys Joe Lovett (Appalachian Center for the Economy and the Environment) and Jim Hecker (Trial Lawyers for Public Justice) who, in January 2002, filed a Clean Water Act lawsuit on behalf of OVEC, West Virginia Rivers Coalition and 23 other environmental organizations and citizens. The lawsuit dealt with the antidegradation policy of the Act. We won! The judge ruled in our favor on seven of 13 points. While, of course, we wanted to win all the points, the ruling is a major victory.
For instance, the judge said there was no basis for certain valley fill permits to be exempted from an antidegradation review process. Without undergoing that review, coal companies have been receiving "general" permits for valley fills from the Army Corps of Engineers. One result is that, at a minimum, over 700 miles of Appalachian streams have been buried under the rubble of our blasted away mountains.
We received this e-mail from a leader at a Pennsylvania watershed association: ".this finding will have enormous repercussions across the US. Your case may very well redefine the relationship between the EPA and every state in the country on water quality standards."
Read more about it:
OVEC
Press release
www.wvgazette.com/section/News/2003082940
www.wvgazette.com/section/News/Today/2003090214
PLEASE WRITE BY SEPT. 5 ON COAL TRUCKS
Thanks to Julie Archer at CAG for compiling the following. Friday, Sept. 5 is the deadline to submit comments to the WV Division of Highways (DOH) on the proposed "Coal Resource Transportation System" (CRTS) created when the legislature passed SB 583.
Submit written comments to: John Lancaster, WV Division of Highways, Planning and Research Division, 1900 Kanawha Blvd. East - Bldg. 5, Charleston, WV 25305.
If you are requesting that a specific road be removed from the list you must give a reason and provide specific information, such as the road is too narrow or too winding. You should also include detailed information on the condition of bridges and (other structures*), even though the DOH has said they may certify some roads for the weight increase even if the bridges can't handle 120,000 pounds - they will just post the bridges with a lower weight limit. Presto--problem solved!
The list of candidate roads is available at DOH district offices and county courthouses (but call before you go) and on the OVEC website.
You can see the DOH maps of the proposed CRTS, which covers more than 1,700 miles of road in 15 counties, at the offices of Citizen Action Group (in Charleston) and Coal River Mountain Watch (in Whitesville).
While you are putting together your comments on the "Coal Resource Transportation System," please take a few minutes to send comments to the Public Service Commission (PSC) on the proposed rules it will use to enforce the new 120,000 pound weight limit. The proposed rules are available at www.psc.state.wv.us. These rules will only be as good as their enforcement. Send a clear message to the PSC that you expect the laws to be strictly enforced.
Comments on the proposed rules should be sent to: Sandra Squire, Executive Secretary, WV Public Service Commission, 201 Brooks Street, Charleston, WV 25301.
The biggest weakness in the new law is that the increased fines and penalties for running overweight will apply only on roads that are part of the CRTS. This constitutes a major loophole in the law. While the PSC does not have the ability to correct this loophole you may recommend in your comments that they seek legislative approval to expand the fines and penalties to all roads. This would prove to be a more effective deterrent to violating the law than the current fines and penalties which amount to nothing more than a slap on the wrist.
*(At a informational meeting the DOH held in Beckley in July, Coal River Mountain Watch found out that the fox is still guarding the henhouse: The DOH apparently didn't have enough time or money to research all the "coal haul roads" that the industry wants to be included in the CRTS, so they apparently relied on the West Virginia Coal Association to provide information! CRMW also noticed that several bridges appeared to be missing from the DOH maps. We learned later that if it's less than 20 feet long the DOH doesn't consider it a bridge. These "structures" are technically "culverts" and weren't included on the maps because according to DOH they don't fail catastrophically the way "bridges" do.)
MTR IN REGIONAL PUBLICATIONS THIS MONTH
People you know are featured in two regional publications this month. The DC-area Audubon groups have a publication called "Audubon Naturalist." The current issue's cover story is "What Price Coal?" On the cover is a photo by Deana Smith, and inside are many OVEC photos. Featured are Coal River Mountain Watch's Judy Bonds and OVEC board member Larry Gibson.
Writer Jim Waite's article "Do You Know Where Your Electricity Comes From?" is in the Sept./Oct. issue of Blue Ridge Country magazine. Below are two paragraphs from that article. As to the first paragraph, we say-Pat yourselves on the back! And, hmmm.just why was Matt axed? Adios to the DEP's "new tack." As for paragraph two-We are in this for the long haul! And, of course, as long as there is mountaintop removal, there is no such thing as "clean" coal.
Excerpts: The DEP's mining director, Matthew Crum, ordered Massey (Sylvester operation) to cover the poorly sited stoker plant, the main dust source, and the DEP has improved its site-permitting procedures. Crum credited its outspoken citizens with prompting such reforms, including regulation designed to prevent a recurrence of the 2001 floods. The efficacy of these measures remains to be proven, but some residents are encouraged by DEP's new tack.
The fight will only get tougher, because we are going to be mining more coal than ever. The Department of Energy (DOE) expects America's annual coal production to increase by 302 million tons by 2025. For perspective, West Virginia produced 163 million tons in 2002. President Bush wants to make coal the fuel of the future. The president says that "clean" coal will reduce emissions, but will mining be cleaner?
UPCOMING EVENTS
Some of what you will find on the OVEC events calendar web page.
Oct. 2: 5:30 to 7:30 p.m. Davis Park on Capitol Street in Charleston. Celebrate Tolerance / Stop the Hate Vigil. What can you do to make the world a better place? Come down to Davis Park in downtown Charleston on Thursday, October 2 for the Stop the Hate vigil, from 5:30 to 7:30. This year, the vigil honors Mahatma Gandhi, one of the world's great teachers of peace and tolerance. With music, storytelling, and a circle of faith, people from many religions will call for an end to hate violence. The event is sponsored by the West Virginia Interfaith Center for Public Policy's Stop the Hate Committee. For more information, call Carol Warren at 343-3360 or Susan Allen at 346-4402.
Reminder: Sept. 6: Everyone is invited to attend the West Virginia Environmental Council's Annual Membership Meeting on Saturday, September 6 at the Asbury United Methodist Church on Elizabeth St. in Charleston. Please come and join others from across the state as we set our legislative priorities for the upcoming 2004 legislative session! We need to hear from you! The WVEC lobby team needs to know your priorities and insights!
Folks interested in joining the Board of Directors are encouraged to come to the Regional and Board meetings which start at 9AM. Otherwise, please come to the afternoon portion (scroll down for agenda).
We will provide breakfast and beverages and some food for lunch but please bring something to share - dessert, munchies, entree, veggies, chocolate - it would be appreciated by all!
After the afternoon session we will be getting together for food and music - please plan to stay! If you are traveling from out of town, please contact Chuck Wyrostok at wyro@appalight.com. He'll hook you up with local folks who are providing lodging for Friday and/or Saturday night(s).
If you'd like to see the day's agenda, e-mail linda@wvcag.org or vivian@ohvec.org, and we'll send that along.
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