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Legislature to Investigate Dunkard Creek Fish Kill
MORGANTOWN, W.Va-The Joint Legislative Oversight Commission on State Water Resources will meet on Thursday, Oct. 15 to examine the 30-mile fish kill in Dunkard Creek. The meeting will take place at the State Capitol from 9-11 a.m. in Room 208-W, the Senate Judiciary Committee Room. It is open to the public.
"The frustrating thing is that folks in the Upper Monongahela River Association predicted that something like this would happen last year. Although our local delegates introduced a bill last session, HB 2960, intended to remedy what happened, sometimes it takes a disaster to get legislation passed," said Delegate Barbara Evans Fleischauer.
The first report of a fish kill in Dunkard Creek, which criss-crosses the Mason-Dixon line, was recorded on Sept. 1, 2009. The kill has since affected at least 161 aquatic species.
"Some of the thousands of fish that were killed were huge," said Fleischauer. "It is particularly sad that this occurred in a beautiful stream that local residents had banded together to restore, maintain and protect through their watershed association."
There is not yet any official conclusion as to the factors which caused or contributed to the fish kill, but the presence of golden algae bloom, Prymnesium Parvum, which has not previously been identified in Mid-Atlantic waters, has been confirmed. Increased levels of total dissolved solids during the relevant time periods have also been recorded.
House Bill 2960 was introduced during the Regular 2009 Session. It was sponsored by Delegates from the Dunkard Creek area including Fleischauer, Marshall, Beach and Shook (all D-Monongalia) and Delegates Manypenny (D-Taylor) and Longstreth (D-Marion). It would have required the DEP to establish standards to control the levels of total dissolved solids in state waters.
In addition, the bill would require submission of data to the DEP regarding withdrawal of water for fracturing and other purposes, as well as treatment for discharge of fluids into state waters. The bill did not pass, but legislators plan to reintroduce it in the 2010 Regular Session.
The Joint Water Resources Committee is chaired by Delegate Tim Manchin (D-Marion) and Senator John Unger (D-Berkeley).
"I hope the interim meeting on Thursday will bring attention to the causes of this modern environmental disaster. I think it is important to look quickly into what other states have done in order to prevent this from spreading to other streams in our state," said Manchin.
UPDATE: On Wednesday the WaPo article outlines the executive order to get the EPA involved in the health of the estuary. Seems that the governors had been setting 10 year goals, so if they were not met, they suffered no political consequences. It is sad that the Gov. Manchin's name is not mentioned in the article, and the 2010 goals set in 2000 are no where close to being met.
The new nitrogen goal is 68 million pounds per year higher than the old 2010 target. The new phosphorus milestone is 3.8 million pounds higher than what was projected for 2010.
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Some of us are in the Chesapeake Bay water shed and some are not. I think there is something more to this story. There are more ties to the Bay than just the Forks of the Potomac.
CHARLES TOWN - Environmentalists are applauding the veto of a bill that would have enabled existing sewage treatment plants to delay compliance with Chesapeake Bay discharge requirements.
"We're happy. We think it's wonderful," said John Christensen, a member of the West Virginia Environmental Council's lobbying team.
Berkeley County Planning Commission has thousands of outstanding approved building permits. The recent North Berkeley Waste Water Treatment Plant, USDA Rural Development funds used, was built with this future capacity need in mind. Existing homes along planned sewer lines were required to hook on to the new system. Waivers were given to small trailer parks, which makes you wonder where the faith in their private systems is rooted.
When you drive to Morgantown from Jefferson County you pass over the Eastern Continental Divide.
When coal is involved, too many want to turn a blind eye so they can have their cheap electricity. I agree with State Sen. John Unger:
MORGANTOWN, W.Va. -- Department of Environmental Protection Secretary Randy Huffman will have to get used to visiting lawmakers: The water resources commission intends to demand monthly updates on coal slurry injection and whether it's making people sick.
"If this was an outbreak of any other source, the Centers for Disease Control would be in there to find out what's happening and what's causing it,'' Sen. John Unger, D-Berkeley, said Friday.
The practice involves pumping wastewater from the washing of coal into worked-out underground mines. Many Southern West Virginia residents say the toxic soup has bled into aquifers, poisoned their wells and wrecked their health - a claim the industry disputes and the DEP says it has been unable to verify.
At a recent hearing, legislators blasted Huffman for DEP's failure to meet multiple deadlines on a study that examines the safety of slurry injection and whether it's a risk to human health.
A combination of MARC commuter train riders paying more and West Virginia kicking in funds is needed to save the late train to Martinsburg from Union Station. Naomi Smoot has the details:
CHARLES TOWN - Eastern Panhandle legislators met Monday evening to come up with a plan to save MARC Train No. 883.
The officials said they have been collaborating for nearly a week on a letter they plan to send to Gov. Joe Manchin on the issue. In the document, they say that increasing local fares could be one way of ensuring that the Maryland Transit Authority does not eliminate the 7:15 p.m. train from Washington, D.C., to West Virginia.
Legislators said some commuters suggested a fare increase at the MTA hearing.
A fee increase, they also noted, was earlier considered by MTA, though Maryland state lawmakers rejected the idea. Under that plan, the agency proposed a fare increase for all riders. This increase, the letter states, would go only to those riding the train into West Virginia, to help cover the cost of service to the state.
"We need, as a state, to become more of a partner," Senator-elect Herb Snyder, D-Jefferson, said during the proposal's discussions.
For those elsewhere, there are two morning trains from Martinsburg to Union Station and three evening trains. The stops in West Virginia are Martinsburg, Duffields in Jefferson County and Harpers Ferry.
The proposal from Maryland is to stop the last train, which arrives in Martinsburg at 9:20 p.m., at Brunswick because it does not have many riders.
877 leaves Union Station at 4:55 p.m. and arrives at Martinsburg at 6:50 p.m.
879 leaves Union Statation at 5:35 p.m. and arrives at M'burg at 7:40 p.m.
883 leaves Union Station at 7:15 p.m. and arrives at M'burg at 9:14 p.m.
Maryland wants to end 883 at Brunswick because between 40 to 50 riders usually are on that train from Brunswick (the last stop in Maryland) into West Virginia.
The other two earlier trains carry considerably more passengers in to West Virginia.
But what is not considered is that fewer people will be willing to take the train if there is not the option of the late train.
The commuters who leave M'burg at 5:25 a.m. or 6:30 a.m. arrive at Union Station or the earlier stops on the Brunswick line early enough to put in their 8 to 10 hours and catch the first two trains home.
However, there are times when either because work has to be completed someone has to stay later. In addition, most of the train commuters rely on public transit, either Metro or bus service, to get them from the various stations to their places of employment. If Metro breaks down or is delayed, a bus is stuck in traffic, a connection is missed, it can be impossible to make the first two trains home.
If the late train is not there as a final resort, then people are going to either a) move closer to Washington and stop taking the train or travel by car and b) make the already congested highways even more crowded. You don't know what traffic congestion really is until you've been on I-270 or I-495.
Why other West Virginians should care:
The Eastern Panhandle is the fastest growing part of the state. The Eastern Panhandle also providing large amounts of tax dollars to the rest of the state - tax dollars that are not returned here on a dollar per dollar basis. Much of the money we send to Charleston goes to pay for projects in other parts of the state and not back in the Eastern Panhandle.
A good part of why we're able to do that is because people are able to commute to the DC area to work where they can make considerably more money.
The reason they're willing to live out here and commute that far is because commuting by train makes the long commute bearable. The Eastern Panhandle is not going to be as attractive an alternative for housing if the train service is not a viable alternative.
Without the train service, housing prices will go down, people will begin to migrate closer to the Washington area, and the taxes we send to Charleston will drop as well.
Even for people who don't commute daily to Washington by train, having the option of traveling in one or two days a week or a month makes Jefferson and Berkeley counties a more attractive place to live because there is that option.
But without the last train, people are going to decide it is not worth the risk of getting stranded in DC on a regular basis just because the last train is not there as a final option to get home.
Already commuters have to literally run - and you should see how fast women in their 50s can run even weighed down with their laptops and briefcases when they have a train to catch - to catch the first two trains.
This should be looked at the same way any other economic development funding is looked at - does it keep people with good paying jobs living in the state? The answer is clear that it will.
The state needs to recognize that spending money to keep the 7:15 p.m. from Union Station running is not just a service to residents here, but a sound investment for the state's tax coffers.
Senator John Unger Selected to Participate in Prestigious Advanced Leadership Development Program
Contact: Colleen Cousineau or Lori Jones-Rucker - Council of State Governments (CSG) - Southern Legislative Conference 404-633-1866
Senator John Unger - 304-389-1866
(Atlanta, Georgia) - Senator John Unger, D-Berkeley, has been selected to receive one of 20 scholarships to attend the CSG's Center for the Advancement of Leadership Skills (CALS) program. One of the goals of this multi-branch CALS program is to provide the public with highly skilled, educated, and confident state leaders equipped to be effective decision makers.
The program provides participants with a unique opportunity to gain region-specific information on issue trends and forecasts and leadership/skills development from highly qualified professionals. State officials from around the regions discuss issues, share insights and innovative ideas.
The CALS program, a partnership between the bi-partisan Southern Legislative Conference of The Council of State Governments (CSG) and the Carl Albert Congressional Research and Studies Center at the University of Oklahoma, offers an intensive three-and-a-half day professional development program to help state lawmakers from nine selected Southern states advance their leadership skills in in-depth policy initiatives that will address some of the major challenges in their respective states. Participants will spend classroom time with nationally renowned experts in public policy, media and leadership training. Senator Unger is the only West Virginian who has ever attended a CALS program.
With the recognition of the changing political landscape in the South, the Center for the Advancement of Leadership Skills was established. Unique among CSG leadership programs, CALS rotates among sponsoring universities. The 2007 inaugural program was help at the University of Arkansas, with the University of Oklahoma serving as this year's host. With Senator Unger's leadership and assistance, CALS will be at West Virginia University next year (2009).
Note: Founded in 1947, the Southern Legislative Conference is the largest of four regional legislative groups operating under the Council of State Governments and comprises the states of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
brownsox has a rundown on the WV-02 situation on the frontpage tonight at Daily Kos..
The good news is this race is still a high profile race nationally and people aren't dropping out on it.
The bad news is, well, that's bad news only for the still vulnerable Republican Rep. Shelley Moore Capito. The more people who know what a Bush loving Republican supporter of the extremist right wing agenda, the more likely she'll be gone with him.
New Dem Challenger in West Virginia Race By Greg Giroux West Virginia Republican Rep. Shelley Moore Capito will face a credible Democratic opponent in the state's 2nd District this November - just not the Democrat she expected.
Barely 24 hours before the candidate filing period ended at midnight Saturday, Democratic state Sen. John Unger, who had been the party's consensus candidate since announcing his candidacy nearly eight months ago, informed the Democratic Congressional Campaign Committee (DCCC), the campaign arm of House Democrats, on Friday evening that he was withdrawing from the race.
The Democratic officials who had backed Unger quickly switched their allegiance to Anne Barth, the longtime state director to Democratic Sen. Robert C. Byrd . Barth, who considered a run for Congress last summer, resigned from her position on Saturday and filed with state election officials later that day. She will be favored in a May 13 primary election that includes Richie Robb, a former Republican mayor of South Charleston who lost the 2006 Democratic primary in the 2nd District, and Thornton Cooper, a lawyer.
Barth's late start and the uncertainty surrounding the Democratic campaign in West Virginia's 2nd have prompted CQ Politics to shift the rating of the West Virginia 2 race to "Republican Favored," which is a slightly less competitive rating than the "Leans Republican" classification that had been previously applied to the West Virginia 2 race. The rating may be changed at any time depending on circumstances.
"John Unger dropping out of this race is both a recruiting failure by the Democrats and a testament to Rep. Capito's strength within the district," said Julie Shutley, a spokeswoman with the National Republican Congressional Committee. "She is a well-respected, independent voice for the people of West Virginia's Second Congressional district and will be re-elected in November."
Barth may yet provide a highly competitive challenge to Capito, who is unopposed in the Republican primary. Despite Barth's late start, more than nine months remain until the November campaign. As a longtime aide to Byrd - the longest-serving senator in history and a legend in West Virginia politics - Barth is very familiar with the day-to-day concerns of West Virginia residents. Byrd said in a statement that, "as my state director for over two decades, Anne has plenty of hands-on experience working with other congressional members."
DCCC chairman Chris Van Hollen of Maryland issued a statement that called Barth "an A+ candidate with unparalleled experience and support from West Virginians."
[snip]
Capito's political success has coincided with the district's recent Republican leanings in presidential elections. President Bush won 57 percent of the district vote in the 2004 election, narrowly winning Kanawha, which includes the state capital of Charleston, and prevailing more comfortably in the state's Eastern Panhandle.
The article continues with a look at other races in West Virginia. Here's a note on Gov. Manchin's re-election bid:
West Virginia is one of 11 states that is holding an election for governor this year, and Democratic Gov. Joe Manchin III is heavily favored to win a second term in a state that still prefers Democrats in contests for governor and for local offices. Manchin has one primary challenger, state Rep. Melvin Kessler, and one Republican opponent, former state Sen. Russ Weeks. Manchin was recently installed as the chairman of the Democratic Governors Association, in which capacity he'll raise money and work to elect or re-elect Democratic governors in contests that are more competitive than his own.
State Sen. John Unger's withdrawal as a candidate for the 2nd U.S. Congressional District seat was a shocker to those of us in the newsroom. Unger, D-Berkeley, announced last year he was running for the seat and subsequently racked up big money and big support from top Democrats for a run against U.S. Rep. Shelley Moore Capito, R-W.Va.
At this writing Capito will face either former South Charleston Mayor Richie Robb or activist Thornton Cooper in November. The general thought in the newsroom is that Unger was the Democrat's best shot at knocking off Capito. The race will be less interesting and more Charleston-centric with Unger out of the race.
I guess Bieniek couldn't be bothered to either read or update his column for today about events that happened on Saturday even though his own front page has a story across the front about Anne Barth's entry.
So when news happens in the Eastern Panhandle, it's news to the Journal's city editor - just not the way it should be.
Meanwhile Barth enters the race Saturday and the Martinsburg Journal doesn't have the story until today even though this blog and the Charleston Gazette and other news outlets had the story either online or in print Saturday night or Sunday morning.
Bieniek concludes his column with: "You can draw your own conclusions about Unger's rationale."
Translation from Bieniekese to English: "You can draw your own conclusions about Unger's rationale because I'm not attuned or connected or hard working enough to find out information for you."
My guess is State Sen. John Unger was willing to take on one powerhouse in the state to try to oust Shelley Moore Capito, but was unwilling to take on two, especially when one is the head of his own state party. I still think Unger could have won and he made a huge mistake by not filing. In the day to day aspects of a campaign it's probably hard to look beyond the immediate obstacles and to see the big picture of the wave that is likely to hit nationally in 2008. Unger had strong DCCC support, due in large part to his own efforts, but thanks in no small part to the hard work of people on this blog and within the DCCC organization. While I don't speak for the DCCC, it's probably safe to say he's disappointed them as he's disappointed us. But David didn't have to face two Goliaths or he might have wavered too.
On a personal level, I really like Joe Manchin. He's charismatic and he can be generous with his time in listening and connecting to people.
That said, his support of Capito, cloaked in "bipartisanship" but really because of long family connections, makes him look really bad on a national level with the Democratic Party. He's too popular in the state becaue of his personal appeal, but I don't think he realizes how this hurts any national aspirations he has. The transcript scandal and the WVU coaching scandal are embarrassments, but the national party could discount those as a family matter and a local issue. However, this involves party loyalty. To the party, that is another matter entirely.
Here's my quick thoughts on John Unger's surprise announcement today. Note, I have not spoked to John Unger and have no special inside information from the campaign. This is my analysis based on close observation of West Virginia politics.
The strategy behind the early support of Rahall, Mollohan, DCCC, the Netroots--as well as Unger's record early fund-raising--was to clear the Democratic primary field and pave the way to challenge a vulnerable Republican Rep. Shelley Moore Capito for WV-02 in 2008.
State Sen. John Unger executed on his part of the strategy. Through his hard work he hit his fund-raising targets. He was making progress on sharpening his campaign message and also learning how to work more effectively with the many different constiuencies in the Democratic Party.
There was a lack of strong enough support from Gov. Manchin and the W.Va. Dem. party and that strategy did not pan out. I don't know if it is because of regional rivalry, long-time personal friendship between Joe and Shelley or a desire to please joint Manchin/Moore-Capito campaign donors, but for whatever the reason, Gov. Manchin never demostrated any enthusiastic support for this strategy. (Furthermore, Richie Robb would not have filed in the primary without Gov. Manchin's tacit approval.)
Faced with the prospects of having to win a regional-based primary battle against Richie Robb and then take on Capito in the general election all without strong backing of the W.Va. Dem. party apparatus, Unger decided those were odds he wasn't willing to face. That wasn't what he signed up for.
The original strategy was viable. If the primary field had been cleared, if Gov. Manchin's fund-raising help had kicked in, if the W.Va. Dem. party had consistently provided active help, the outcome would have been a hard-fought general election with Unger having a real shot at winning.
Today is a sad day for the West Virginia Democrats. We are being held captive by a small group of power elite who contribute money to incumbent Republicans and Democrats. They are the ones controlling the levers of power in West Virginia.
I blog because I believe in people-powered politics. We may have lost this battle, but there will be many more to come.
Update: Welcome Kossacks! My hastily written analysis did not, admittedly, capture the extent to which John Unger bears personal responsibility for dropping out a race he still could have won. This comment by truebluedem captures this sentiment well:
Since you provided your stellar analysis of the situation...here's mine. Sen. Unger failed to execute any of the political will that was thrown his way. He didn't obviously want it. Everything was handed to him and yet you claim it was too hard for him to continue. Geez, I'd hate to see what it had been like if the Party didn't recruit him, the DCCC stayed away, labor ran off, The Governor didn't support him, the Congressman, Treasurer Perdue, plus I believe all the resolutions I heard the Eastern Panhandle counties passed encouraging him to run.
Stop blaming other people and take personal responsibility. At the end of the day it was his campaign and his race to win or lose. You say we lost because of a few powerful elites? Well John Unger was always about beating the odds, standing up to that. Circumventing that. But I guess Mother Theresa teaches you to quit when things get a bit rough or you may have to some hard work.
State Sen. John Unger, our best shot at beating Shelley Moore Capito, has decided not to file.
Unger said he's spent too much time fundraising and not enough time connecting with people.
He'd rather be going to people to work on economic issues on the state and empowering people.
"I'm going to sit down with a lot of the progressive communities and talk about their concerns and spend time reconnecting," Unger told me.
Unger has more than $250,000 in the bank and had the strong support of the DCCC. This leaves Richie Robb, the former Arch Moore supported Republican, who has no money to compete against Moore's well funded daughter.
Personally I think the constant support of Gov. Joe Manchin (D?) for Capito was a factor. Unger's not saying it, but I'm saying it. It's been months since our Democratic? Party Chairman Nick Casey has said anything negative about Capito and Manchin keeps praising Capito at public events. Capito's holding on to his coattails and Manchin's letting her.
Capito, the daughter of the state's only three-term governor, announced she will stand for a fourth two-year term in the U.S. House.
"I am proud to be West Virginia's voice at the other side of the political table," she said in an announcement. "I will continue to work with Republicans and Democrats alike to create opportunities for our state, and most important I will always place the needs of West Virginians first."
So far, one Democrat, South Charleston lawyer Thornton Cooper, has filed to run against Capito. State Sen. John Unger, D-Berkeley, is expected to file and has the backing of the national Democratic Congressional Campaign Committee.
Capito is a member of the House committees on Financial Services and Transportation and Infrastructure. She previously served on the congressional Page Board, but quit the post when she said House leadership was not keeping members informed of happenings in the scandal-plagued program.
Capito is vying for a fifth term as a Bush-Republican. She's in the middle of her 4th term of placing the needs of the Pres. George Bush ahead of the needs of West Virginians.
Capito arrived with Bush, she should leave with him.
Unger urges action be taken to protect against toxic imports
CHARLESTON - Senator John R. Unger II (D-Berkeley) urged a caucus of West Virginia legislators today to take action in protecting their families, homes, workplaces and communities from toxic imports. The caucus was held in conjunction with the United Steelworkers nationwide day of action to draw attention to the need for trade regulations that will prevent imports of toxic goods and the enforcement of current trade laws.
"During this national day of action, I support the United Steelworkers in their demand for the immediate protection from the dangerous threat posed by the millions of lead-laced toys and other unsafe products infiltrating our country," Unger said. "It is time for a fair trade policy that creates new business and good paying jobs at home and puts an end to the global exploitation of cheap labor."
Unger also introduced a concurrent resolution (SCR 20) today in the West Virginia Senate urging the United States Congress to pass legislation to protect the American public from toxic imports. The resolution states that bad trade deals have lowered standards and harmed workers in the environment in the United States. Unger believes the time is now to change course and insist that trade deals bring world standards up everywhere for product safety, labor and the environment.
Former Senate Minority Leader Vic Sprouse proudly demonstrates he can count the number of state senators, including himself, not running for re-election or who might be leaving office.
With math skills like his, it's no surprise that he uses his "engineering" degree to wipe the sweat off the equipment at his overpriced ladies gyms. Sprouse wrote:
If hell freezes over, and the heavens open up and rain fire and brimstone onto the earth... AFTER those two events occur, then Senator John Unger might, possibly, could beat Shelley Capito for Congress, that would be nine.
Let's remember the grammatically challenged Sprouse's history of political predictions. Sprouse picked former New York crossdressing mayor and wanna-be dictator Rudy Guiliani to win the White House.
Tonight, Guiliani received 3 percent of the vote in the Michigan primary. U.S. Rep. Ron Paul, who Sprouse mocked as a fringe candidate, received twice the number of votes as Guiliani.
Unlike Sprouse, I don't think Unger is a long shot. I think he's got a great chance of winning. Sprouse should leave the political prognostications to those who are good at it.
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