West Virginia Blue
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Last week W.Va. Department of Environmental Protection (sic) Secretary Randy Huffman was on Capitol Hill boasting about his department's surface water runoff regulation approach.
This week the Obama administration U.S. Office of Surface Mining Reclamation and Enforcement sent him back with homework. They want the W.Va. DEP to do a better job.
Who knows, with enough Federal pressure we may go from having a DEP with regulations that might help with surface water run-off issues to one that actually follows through and enforces surface water run-off regulations.
-Rate Hike For Power Companies Opposed - There's a really, really, really big hike on the table for later so meanwhile the power company is asking for a merely really big hike in the interim.
The state Public Service Commission plans to make a decision before July 1 on a rate increase request from two subsidiaries of American Electric Power. Appalachian Power and Wheeling Power are seeking an 18.5 percent interim increase.
Bayer said that Doug Jones comes to the Institute plant from the company's plant in New Martinsville.
(Hey, if anyone is listening out there, it might be worth checking to see if Doug Jones' old safety-related position at the New Martinsville plant is still filled... just sayin').
Preventing the swine flu is as simple as following the precautions of the normal flu. You should wash your hands thoroughly, cover your mouth when you cough and, if you fell sick, you should just stay at home.
This is a good time to remind our politicians--it would be a really good idea for the public health of our country to mandate paid sick days for all employees. Right now someone with flu symptoms is heading to work because they can't afford an unpaid day at home.
It's such a well-researched post, it's difficult to excerpt. I'll just set it up and encourage you to go read the whole thing:
From what I hear, President Barack Obama may be close to nominating a longtime Interior Department bureaucrat named Glenda Owens to be director of the U.S. Office of Surface Mining Reclamation and Enforcement.
Now, Obama's got a lot on his plate. Who knows if he's even got this little agency on his radar screen at all. Maybe OSMRE isn't a big priority. But if the president really opposes mountaintop removal, favors green jobs and cares anything about the nation's coalfield communities, Obama will take this appointment (not to mention the nomination of someone to run the federal Mine Safety and Health Administration) very seriously.
But coalfield residents don't think that's what's happening. Earlier today, they started a call-in campaign to try to encourage Interior Secretary Ken Salazar to appoint either West Virginia University law professor Pat McGinley or Lexington, Ky., lawyer Joe Childers to run - reform, reinvigorate or rejuvinate might be better words - OSMRE. For coalfield residents and environmental advocates, picking someone promoting someone from within OSMRE is almost as bad as Obama turning to an industry lawyer or lobbyist for the post.
Ken goes on to recount a history of government actions that Ms. Owens has been involved with as a government bureaucrat. If for no other reason, the post is a valuable reminder of the duplicitous role that federal government "enforcement" agencies have played over the years.
CHARLESTON, W.Va. (AP) -- Coal may keep the lights on for about half the country, but in West Virginia it also keeps politicians in office.
During this year's campaign, Republicans and Democrats alike jockeyed to prove their devotion to the fuel source, with politicians from both parties running TV ads in which they held up lumps of coal like good-luck talismans.
It might therefore seem foolhardy to give the other party an opening by disavowing any aspect of the industry, but Danny Chiotos doesn't see it that way.
Chiotos is the head of the environmental caucus of the West Virginia Young Democrats. He played a crucial role in getting that group to pass a resolution earlier this year calling for an end to new mountaintop removal permits, thereby opening a new chapter in one of the state's most contentious debates.
As mentioned in the comments, this week's newsletter from the W.Va. Citizen Action Group (PDF), has a helpful update on the battle for a much needed West Virginia Surface Owners' Bill of Rights:
Surface Owners' Bill of Rights -- We Need You By Julie Archer, Julie@wvcag.org
As anticipated, the Surface Owner's Bill of Rights was introduced in the Senate earlier this week. SB 482 sponsors are Senators Larry Edgell, Jon Blair Hunter, Brooks McCabe, Randy White and Jeff Kessler. Like our House sponsors, they deserve a big "thank you" from citizens for standing up for property owners' rights.
Now that the bill has been introduced, we are gearing up for WV Surface Owners' Rights Day next Wednesday, February 6. Legislators will only be impressed by a strong turnout. The oil & gas industry is powerful and well financed. As noted last week we've heard they have signed on several extra lobbyists. This means they are taking our efforts seriously and we need to respond accordingly by being vocal and visible. E-mail info@wvsoro.org or call (304) 346-5891 if you plan to attend.
If you can't make it Charleston next week, please be sure to contact your legislators. Tell them what happened to you and what you think should be done to protect surface owners from industry abuses. Tell them to support the Surface Owners' Bill of Rights (HB 4286 & SB 482).
If your legislator serves on one of the committees where the Surface Owners' Bill of Rights was referred, it's especially critical they hear from you. The House version was sent to the Committee on Industry & Labor/Economic Development & Small Business where it may be taken up next Wednesday (WV-SORO Day). (See here for a list of committee members.) We'll know Monday if the HB 4286 will be on the agenda and plan to request a public hearing so the committee can hear from WV-SORO members. If the committee holds a hearing, they will also accept written comments. We hope you can attend and take advantage of this opportunity to share your story. If you can't make it but have comments you'd like to share, send them to info@wvsoro.org and we'll make sure they are distributed.
Regional Town Hall Meetings Update & Thanks Yous WV-SORO held its second Regional & Information meeting Thursday, January 31, 2008 at the Heritage Park Community Center in Spencer. We had a great turn out (more than 100 people) and got folks fired up to help us push for passage of the Surface Owners' Bill of Rights.
Special thanks to: Chuck Wyrostock for helping with logistics and getting the word out; Robin Wilson for getting us there and back, and other behind the scenes support and assistance; and John Snyder, founding member, citizen organizer & researcher extraordinaire. John has put together a great informational CD covering a variety of topics affecting surface owners. Get in touch if you would like a copy.
We're still planning a meeting for the Boone, Lincoln, and Logan County areas in the near future.
WV-SORO Day agenda:
WV-SORO Day at the Legislature, State Capitol, Charleston
8AM to 11AM ~ Gather in Governor's Press Conference Room (located in the Secretary of State's Office, Room 157-K; coffee & danish provided)
10AM ~ Press Conference on Surface Owners' Bill of Rights
11AM to 3PM ~ Lobbying, Meetings with Legislators
If you want to carpool with others from your area or want more information, call us at 346-5891 or 1-866-WVB-FAIR or e-mail norm (at) wvsoro.org
I received this from my friend Marley in Harrisonburg. If you want to help, write me at beth dot wellington at gmail dot com. These are my buddieswho did the "Santa Brings Coal to BankAmerica" street theater in Charlottesville, which I wrote about earlier.
Hey friends
Im emailing you because I know you are smart, passionate, kick-ass people that want to help our land and our people from eco-destruction. Every day the fertilizer bombs are biting chunks out of the life, history, f..ing geology of Appalachia. The f...ers take the spirit out of it, process it till it's toxic goo, stuff it in their pockets and lie through their teeth all the way to the bank.
but we are the root force, we are outraged, and we are organizing. I email you because all that was unnecessary, because u know it already. want I want to ask is for your help in stopping it. Mountain Justice Spring Break. March 1-9 in Southwest va (near abingdon), March 22-30th in SOuthern Ohio, Meigs Co. Im helping to organize the SW. Va week, but our collective needs help.
(Thank you, Beth Wellington, for this well researched diary on the House passage of the S-MINER Act. - promoted by Clem Guttata)
Clem wrote about one coal industry astroturf group, so I'll add something about another, the National Mining Association's ACT for Mining.
January 16, the House passed the "Supplemental Mine Improvement and New Emergency Response Act" (S-MINER Act) (H.R. 2768) by a vote of 214 to 199. See Thomas:
Our "friends" at the National Mining Association took the position that Mr. Miller was
pushing a new "mine safety" bill even before the mining community has had a chance to fully implement the bipartisan Mine Improvement and New Emergency Response (MINER) Act. The House is set to vote on Jan. 16 on the Supplemental-MINER Act (H.R. 2768), a bill that would impose new, unnecessary regulations on both hardrock and coal mining operations that will do nothing to improve mine safety. Passage of this new legislation could possibly idle or close mines and have unintended, adverse effects on mine safety.
HMA sent out an alert urging their supporters to call or e-mail their House member and ask them to vote against the bill. So what was the reaction to what it termed a "narrow" passage:
The 199 votes cast in opposition are substantially more than the 145 votes needed to sustain a threatened presidential veto, should one ultimately be necessary. This action also will likely diminish interest in Senate consideration of H.R. 2768, in essence, stopping the progress of this bad bill.
They're now urging that we write to thank the 199, which includes the following 16 Democrats:
My gut reaction is to ask our friends in their home states to curse them out (all right, just ask why they voted that way, then express disappointment and look up the rest of their record to determine if it's prooblematic, and if so, work to get a more progressive Democrat elected in the next primary and General Ecection). Then, instead, write to thank those who voted for the bill. Reactions, friends?
Details on who voted how and amendments under the fold.
Companies that drill for oil and natural gas on federal lands pay a royalty to the federal government either in cash or in kind; this week the government raised the rate to 18.75 percent on oil drilled in the Gulf of Mexico.
The hardrock mining industry is exempt from royalties due to the General Mining Law Grant signedin 1872, hoping to encourage Western land development. Nick Rahall D_WV) chief sponsor of the Hardrock Mining and Reclamation Act of 2007 (HR 2262) says reform is needed to end mining companies' ability to buy land for as little as $2.50 an acre, which amounts to "fast food hamburger prices."
If enacted, the bill would represent the first major overhaul since Grant's time. Gross revenue from gold, silver, copper, uranium and other minerals mined on public lands would be levied at the rate of 8 percent royalty on new hard-rock mining and 4 percent on existing operations.
Of course, my "friends" at the NMA sent me an urgent email to oppose the bill. (see their email below the fold.
Chris Baltimore of Reuters reported today that the House voted in favor of the measure 244-166
Bush (as usual) threatens a veto, saying royalties "could reduce the continued domestic production of hardrock minerals."
WASHINGTON, Nov 1 (Reuters) - The U.S. House of Representatives on Thursday voted to slap the first-ever federal royalties on gold, silver, copper, uranium and other minerals mined on public lands.
The House voted 244-166 for the Hardrock Mining and Reclamation Act of 2007, which would levy an 8 percent royalty on the gross revenue from new hard-rock mining activities and impose a 4 percent royalty on existing operations.
The White House threatened to veto the bill, warning that imposing royalties "could reduce the continued domestic production of hardrock minerals."
The U.S. Senate would have to approve the bill before President George W. Bush could review it.
If it becomes law, it would be the first major overhaul of the General Mining Law since former President Ulysses S. Grant signed it in 1872 to encourage Western land development.
Democrat Rep. Nick Rahall of West Virginia, the bill's chief sponsor, said reform is needed to end mining companies' ability to buy land for as little as $2.50 an acre, which amounts to "fast food hamburger prices."
ROCKEFELLER PROMOTES FUNDING OPPORTUNITY FOR MINE SAFETY TRAINING AND EDUCATION
~Brookwood-Sago Grant Program Included in 2006 MINER Act~
Washington, D.C. – Senator Jay Rockefeller today urged eligible organizations to apply for funding through the Mine Safety and Health Administration’s Brookwood-Sago Grant Program, which was created under the 2006 Mine Improvement and New Emergency Response (MINER) Act.
This program, named in honor of both the miners who died tragically at Sago and those who died in the Jim Walter #5 explosion near Brookwood, Alabama, will provide funding for innovative training and education programs for employers and workers on mine safety and health topics.
“The MINER Act, which is a great example of what can happen when Congress works together, goes a long way toward better protecting our miners,” Rockefeller said. “This program is an enormously important component of the reforms we passed. And I encourage any eligible organization to apply so that through improved training and education, we can make even further strides toward greater mine safety across West Virginia.”
In total, MSHA is making $500,000 available for training and training materials, and the amount of each individual grant will be at least $50,000. States and public or private nonprofit organizations, including community-based and faith-based organizations, as well as state or local government-supported higher education institutions, are eligible to apply.
“We need to remain vigilant in our efforts to do what we can to prevent another mining tragedy from occurring,” Rockefeller said. “We’ve strengthened our mine safety standards on both the federal and state levels, but we also need to make sure that all of our miners are prepared for emergency situations – and this grant program is an incredible opportunity for us to reach that goal.”
Grant applications need to be submitted electronically by 4:30 p.m. on August 24, 2007 through www.grants.gov. On the website, applicants should click on Apply for Grants, then Download Application Package and then submit the CFDA Number – 17.603. For further information, those interested may contact Robert Glatter at (202) 693-9570.
As I've already mentioned, I subscribe to the mailing list of the National Mining Association's Advocacy Campaign Team for Mining, its "grassroots" (astroturf) group. http://www.actformining.com
Here's its description verbatim: Now more than ever the mining industry's employees, customers, shareholders and other stakeholders need to be informed and part of the solution. The National Mining Association's Advocacy Campaign Team for Mining (ACT) is a national network of individuals from the who recognize the importance of being involved in the political process and being informed about the public policy debates that are shaping the future of the mining industry in America.The Advocacy Campaign Team for Mining (www.actformining.com) provides users with the resources to learn about the issues important to the mining industry and the tools necessary to communicate with legislators at all levels of government.
Yep, and by subscribing you will also have the tools to fight the industry when they don't have our best interest at heart. (almost always). If you want their mailings ask for a sub from bkelley@nma.org.
Here's the group's latest Legislative Update. I quote it in full for your education below the fold. Here are the headlines:
"Mine Safety treads on dangerous ground in the House."--George Miller supplemental bill to the MINER Act of 2006
"Rahall to host coal-to-liquid conference with the CTLC"--includes a link on how to register. Protest anyone? Aug. 14-15 at the Glade Springs Resort in Beckley, W.Va.
"Hearings scheduled for the clean water protection act" --House Committee on Transportation and Infrastructure today and Thursday
"Buzz and Ballots" (pro-clt coverage at the Baltimore Sun and scientificblogging.com)
Regarding this last category, I think we should be writing letters to the editor to respond or op-eds. To facillitate this on the latter site, I've set up a column to comment on mtr and clt and mining legislation:
email me at beth_blog AT yahoo DOT com if you want me to post content there and if anyone can help me with the banner so it will stretch correctly, the original is here:
When the Republicans let the foxes safeguard the hen houses, no one should be surprised what happens. From Insurance Journal:
Federal inspectors missed obvious problems and failed to follow procedures before three high-profile accidents that killed 19 men at underground coal mines in West Virginia and Kentucky last year, according to the Mine Safety and Health Administration.
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An internal accountability office will be created along with numerous other steps to make sure such lapses are not repeated, the agency said.
The moves follow reviews of MSHA's actions before the Sago Mine explosion that killed 12 men in northern West Virginia on Jan. 2, 2006, a conveyer belt fire at the Aracoma Alma No. 1 Mine in southern West Virginia 17 days later and an explosion that killed five more miners at the Darby Mine in Kentucky on May 20, 2006.
snip
he agency also has asked the Department of Labor to investigate potential misconduct by MSHA inspectors. The agency reported finding several instances of questionable conduct by inspectors assigned to the Alma mine, which is owned by Richmond, Va.-based Massey Energy Co.
"MSHA's internal review teams identified a number of deficiencies in our enforcement programs, which I found deeply disturbing,'' director Richard Stickler said. Creating an Office of Accountability would strengthen "oversight, at the highest level in the agency, to ensure that we are doing our utmost to enforce safety and health laws in our nation's mines,'' he said.
MSHA found that didn't always happen at Alma, Sago or Darby.
snip
Rep. Nick Rahall, D-W.Va., called the errors "outrageous'' and said he hopes "corrective actions in the field meet the optimistic rhetoric'' issued Thursday. Rahall, whose district includes the Alma mine, was particularly critical of the agency's inaction in southern West Virginia.
"MSHA should have known that its system in the southern district of West Virginia was teetering dangerously,'' Rahall said. "It should have taken stiff corrective action long before.''
When today's Republicans hold power, they do everything in their power to roll back safety regulations and to put industry-friendly people in charge of the safety agencies. Those inspectors who try to hold safety violators accountable are overruled, ignored or worse.
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