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Jeff Biggers

Jeff Biggers

Posted: June 11, 2009 09:32 AM

UPDATE: Coalfield Advocates Respond to Mountaintop Removal Crimes and Misdemeanors


"Mountaintop removal is a crime--and ought to be treated as a crime," Al Gore, April 28, 2008

"Mountaintop removal is a crime against local people, nature, our children, and our planet," Dr. James Hansen, NASA

The Washington Post headline this morning cut to this chase: "Obama is Right to Allow Mountaintop Removal Mining."

UPDATE: Sierra Club Site Reminds Nation What's At Stake With Mountaintop Removal Permits:
http://action.sierraclub.org/WhatsAtStake

UPDATE: Appalachian Advocates and Congressional Members React To Obama's Plans
to Address Mountaintop Removal Coal Mining, from Southern Appalachian Mountain Stewards and Appalachian Voices

"Members of Congress working to end this devastating practice through legislative means applauded the Administration's action, but also stress that until Congress acts, mountaintop removal coal mining will continue to be a threat to Appalachian communities, mountains and streams.

"The Administration's announcement today is a positive step forward on this important issue and will help protect waterways and communities from the devastating process of mountaintop removal," said Congressman Frank Pallone (D-NJ). "However, to address the heart of the problem, Congress needs to pass the Clean Water Protection Act (HR 1310), legislation I introduced to prohibit the valleyfill process, which allows coal companies to dump toxic waste into headwater streams."

The Clean Water Protection Act, which was first introduced in 2002, would disallow the dumping of mining waste into the valley and streams near mountaintop removal sites. A companion bill, the Appalachian Restoration Act, was introduced into the Senate earlier this year.

"Mountaintop mining is one of the most destructive practices that already has destroyed some of America's most beautiful and ecologically significant regions," said Senator Cardin (D-MD), Chairman of the Environment and Public Works Water and Wildlife Subcommittee and sponsor of S. 696, the Appalachian Restoration Act. "Today's decision by the Obama Administration to limit the practice through a stronger review of mountaintop mining permit applications is an important step in the right direction. However, it does not halt this incredibly destructive form of mining. We must put an end to this mining method that has buried more than a thousand miles of streams."

"We hope this will produce real change and not end up as business as usual," said Kathy Selvage, Vice President of Southern Appalachian Mountain Stewards in Wise County Virginia. "But what we really need is a law to abolish mountaintop removal coal mining."

According to both industry and environmental groups, mountaintop removal mined coal provides less than 5% percent of our nation's electricity.

"With coal demand down by 5% due to the recession, the administration is missing an unprecedented opportunity to replace mountaintop removal coal with new sources of energy," said Dr. Matthew Wasson, Director of Programs at Appalachian Voices. "We're concerned that this incremental decision-making could open the door for an even greater expansion of mountaintop removal coal mining when the recession ends and the price of coal rebounds."

- - -
Obama Says Mountain Crimes Can Be Regulated
Jeff Biggers

Only two days after the US Supreme Court reprimanded the West Virginia Supreme Court for making conflict of interest decisions from its Big Coal-financed justices, and one day after the WV Supreme Court upheld a decision to build a toxic coal silo on the playground of an elementary school, which sits under a 2.8 billion gallon toxic coal sludge pond that is being jeopardized by mountaintop removal blasting, the Obama administration has decided to "regulate" the crime of mountaintop removal.

In an extraordinary move to disregard a 38-year rap sheet of crimes of pollution, harassment and forced removal of some of our nation's oldest and most historic communities, and the destruction of over 500 mountains and 1.2 million acres of deciduous hardwood forests in our nation's carbon sink of Appalachia, the Obama administration will announce today that it has decided to "regulate" mountaintop removal mining operations, not abolish them.

All well-meaning intentions aside, if the Obama administration truly wanted to "enforce" mountaintop removal regulations and protect American watersheds, drinking water, and communities from catastrophic flooding and toxic blasting, it would simply reverse a 2002 Bush and dirty coal lobby manipulation of the Clean Water Act and restore the original definition of "fill" material to no longer include mining waste.

A growing number of Congress members understands this--and even conservatives like Sen. Lamar Alexander are now shepherding the Clean Water Protection Act. See:
http://www.ilovemountains.org/appalachia-restoration-act/

Consider this: In West VIrginia, no less, the state Department of Environmental Protection is so widely denounced and inept that an alliance of citizens groups has recently called for the federal government to declare a state of emergency and take primacy over certain mining regulation issues.

Consider this: Over 3.5 million pounds of ammonium nitrate/fuel oil explosives rip across the most diverse and oldest mountains in America--and rain down silica dust and heavy metals on residents--in West Virginia alone EVERY DAY.

Consider this: Mountaintop removal provides less than 5-7% percent of our national coal production, at a time when coal demand is down, and mountaintop removal coal could EASILY be replaced by energy efficiency, conservation, renewable energy sources or underground coal.

Consider this: Not one person in the Obama administration involved in this outrageous decision has ever set a foot on a mountaintop removal site.

Consider this: If mountaintop removal is a crime, as former Vice President Al Gore has stated, then President Barack Obama and his EPA, CEQ and Department of Interior administrators are co-conspirators in this crime. When President Barack Obama's staff turns on the lights to the Oval Office this morning, a signal will be sent from the Potomac Energy Company to the Chalk Point Generation Station, where the coal handling facility service of the power plant will shovel in coal strip-mined from mountains of West Virginia that have been clear cut, detonated with tons of explosives, and toppled into the valleys.

Today is a tragic day in Appalachia, because it affirms the reality that coalfield residents have been asked to sacrifice their lives and livelihoods for a "regulatory" mistake.

Just ask former President Jimmy Carter--who desperately needs to become involved in the coalfields now.

In the spring of 1977, President Carter addressed the American people in a televised speech on his proposed energy policy. Carter pulled no punches. He declared: "We must look back in history to understand our energy problem."

Let's look back on the history of mountaintop removal.

On August 3rd, 1977, surrounded in the White House Rose Garden by beleaguered coalfield residents and environmentalists who had waged a ten-year campaign to abolish strip-mining, President Carter signed the Surface Mining Control and Reclamation Act with great fanfare. President Carter may have attempted to put on a good face, but he admitted to the 300 guests, according to the New York Times, "in many ways, this has been a disappointing effort." Calling it a "watered down" bill, Carter added, "I'm not completely satisfied with the legislation. I would prefer to have a stricter strip mining bill."

"The President's other main objection to the bill," wrote the New York Times, "is that it allows the mining companies to cut off the tops of Appalachian mountains to reach entire seams of coal."

Three decades later, President Carter's worst fears have been realized. Over 500 extraordinary mountains -- all of which would have easily been recognized as national monuments in other states -- have literally been blown to bits.

This failed mining policy has not only destroyed our nation's natural heritage; mountaintop removal has ripped out the roots of the Appalachian culture, and depopulated and left historic mountain communities in poverty and ruin.

"I am not here as a public official, but as a citizen of a troubled world who finds hope in a growing consensus that the generally accepted goals of society are peace, freedom, human rights, environmental quality, the alleviation of suffering, and the rule of law," Carter said in his 2002 Nobel Peace Prize lecture.

In the name of peace, human rights, environmental quality, the alleviation of suffering, and the rule of law, will Jimmy Carter speak now against this crime of mountaintop removal?

Will Al Gore speak now against this crime of mountaintop removal?

"Today's announcement by the Obama administration paves the way for the criminals that conduct mountaintop removal to continue their bombing assault and hillbilly removal campaign against the people of the Coal River Valley and Appalachian mountain communities," says Bo Webb, a Vietnam Vet, coal miner's son, and resident in Coal River Valley, West Virginia.

For the Obama administrators too busy to visit the coalfields, here's a clip of the reality of their decisions:


 
 
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HUFFPOST SUPER USER
TJCole
03:26 PM on 06/14/2009
Stop helping to kill the earth Barack, and lift the ban on Industrial Hemp..!

We can replace "Killer Coal" with Charcoal from Industrial Hemp as well as end the sin of using Corn as a fuel for ethanol and get bio diesel from it's seeds..!

Hemp 4 Fuel

http://hemp4fuel.com/

Grow Here Grown Now
05:16 PM on 06/14/2009
We could make great rope, paper and cloth out of the Hemp, then Charcoal it (BioChar) when we are done with it, agreed.
08:02 PM on 06/14/2009
I agree, but we are being ignored.
This user has chosen to opt out of the Badges program
03:35 PM on 06/12/2009
No new coal or nuke plants! We don't need them!

Rooftop solar and BioChar can supply all our energy and fuel.

Too bad the big energy corporations own the DLC centrists.
10:08 AM on 06/12/2009
NEW CLEAN COAL PLANT IN MATTOON ILLINOIS....... HAPPY DAY
This user has chosen to opt out of the Badges program
07:29 PM on 06/12/2009
Kleen coal is a myth.

ThisIsReality.org
08:12 PM on 06/11/2009
The only viable and immediate solution to reduce the amount of coal-produced energy we use is to cut consumption. Unfortunately, Jimmy Carter the last president with the sensibility to promote this strategy, was lambasted for doing so. There are no miracles to be made, but as an individual think about the excess energy you use on a daily basis, leaving a computer on, your air conditioning running etc. If we were all just a bit more present and cognizant there is no doubt we could cut energy consumption in this country overnight 10%. If we really made a concerted effort in all aspects of our lives, who knows what we are capable of. Unfortunately, for too long politicians nurtured and babied us to think that the problem is external, when maybe it is within.

Coupled with a focused and substantial investment in diverse renewable technology, conservation is the solution.
01:51 PM on 06/12/2009
In the world media idea of conservation of energy by increasing efficiency of all equipment and appliances prevail.
Is it true?
If we will increase efficiency of our motors, equipment, appliances, home heating and cooling systems, etc. from average 25% right now to impossible 100% it will mean only that four times more people will live on the same level as middle class in USA today. It is not enough even for USA population, not mention all countries in the world.
Conservation of energy as solution is for poor countries, which like to be poor forever.
Demand for better living in the world will increase faster than our ability to increase efficiency of our equipment, etc.

If carbon dioxide is main factor for global warming we have very narrow way how to escape global warming? It is only one way-conservation of energy!

Conservation of energy is not a solution. It is always good direction but not enough especially in direction which most popular in mass media.

We have more than enough wood energy to be independent from foreign source of energy.
All GHG from oven in case of wood as source of energy could be solved in water and together with ash put back to watering forests around power plants.
Trees could collect sun energy for hundred years and will provide us with unlimited source of energy
06:50 PM on 06/11/2009
As a prolife advocate, I find it appauling that what God has created is treated so terribly by US companies eager to destoy life for profits.

It's time to end the destruction of God's creation and turn to honoring and adoring it.

Stop Killing, Promote life.
08:06 PM on 06/14/2009
Please don't bring religion into every discussion. Politics and religion do not belong together. I do not want the planet polluted in any way but I'm and not religious and the two have nothing to do with each other. I feel a spiritual connection with the planet and animals, I have a conscience, and I am a caring person.
02:48 AM on 06/18/2009
This person is not "bringing religion into politics." This issue is not a political one- it goes far beyond the scope of politis. Yes, you may disagree with the religion, but that does not change the fact that for this person, religion is what guides them to saving the world around them. Please do not be so quick to judge those who are guided by their religious ideas. If you remember, some of the greatest politial activists in the world were guided by religion- example one- MLK, Jr.
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joebaggadonuts
Civilization: Evolutionary pathway of choice.
06:19 PM on 06/11/2009
Here's the SciAm article written today on the subject: http://www.scientificamerican.com/article.cfm?id=obama-restricts-mountaintop-removal

Fills in some details, leaves out some.
HUFFPOST SUPER USER
rblackbird
06:02 PM on 06/11/2009
I do not disagree with anything said in this story, except the use of the words "crime" and "criminal." For all the damage they inflict, coal companies are not "criminals" because no law criminalizes the activity in West Virginia.

I understand what critics are getting at when they attack coal companies using this word and other damning adjectives. But they come across as overly excited, overly dramatic and overly weak if they use such words to promote their message. Lawmakers do not respond to such language other than a few use the words as well, to call attention to themselves. Because the word "criminal" is not used accurately, it raises suspicions in the minds of many that the opponents are unschooled and radical. The people who must be convinced often will not take the trouble to get past such words, so the message goes unheard. The word is ambiguous, and clouds over the solid points of the message which are compelling. Limiting thought and action to these words allows some people to think they have done enough. (Once you call them criminals, what else is there to say?) Using these words implies opponents to mountain destruction have not or can not think through a strategy that uses correct English and demands respect.

Martin Luther King, Jr. talked about black people needing to keep their eyes on the prize. The same applies here.
09:53 PM on 06/11/2009
What about coal operators who knowingly operate unsafe mines, pollute the environment at mine sites? Those are criminal acts. Deliberatly using the oxymoron, clean-coal, is fraud; that's close to being a criminal act.
The prize for coal miners is black lung, gasping for breath till they die or death in an accident in a coal mine. The prize for the users of coal & power generated by coal is acid rain, pollution, lung disease & other conditions caused by polluted air & water. The prize for those people & sites coal mines pollute is contaminated water, disease, unusable land & abject, unending poverty.
"Keep your eyes on the prize.", rblackbird. The rest of us see, breathe & contend with the prizes from mining & using coal 24/7.
Your sad sophistry is more than pathetic. You could be a troll who is compensated by the coal industry. But coal can & does buy much better advocates for their business; that can be called, at the least, a dishonest activity which very often becomes fraud & a crime.
09:43 AM on 06/12/2009
I can understand rblackbird's logic because after all this is America, a country of laws and no one can get away with real criminal activity without being prosecuted. Problem is WV is unlike that America we all take for granted. WV has been subverted by CRIMINAL coal barons that have total disregard for the law. I suggest that rblackbird come live beneath the mountaintop removal crime where I live and experience this nightmare, deal with the lackey enforcement agencies and then tell me it's not criminal activity.
02:33 PM on 06/11/2009
Will Jimmy Carter and Al Gore speak now against this crime of mountaintop removal?


Yes they will, but what they will offer? Utopian wind and solar cells direction.

In huge power plants (coal, natural gas, oil product, nuclear) we are loosing 80% of fuel energy-heat.
Coal is the cheapest source of energy in today market. GHG from burning coal are toxic.

We need 1.6 tonn of wood to produce the same amount of energy as 1 tonn of coal.

If we will start policy to build small power plants we could use as electrtricity as heat. It will reduce need for energy sources at least 3-4 times. In this case wood will provide more usefull energy than the same amount (by mass) of oil.

IN THIS CASE ALL GHG FROM THE OVEN COULD BE SOLVED IN WATER TO WATERING FOREST, SURROUNDING THIS PLANT. TOGETHER WITH WOOD ASH IT WILL BE THE BEST NUTRITIONS TO GROW FOREST. IT WILL BE THE CHEAPEST AND CLOSEST TO POWER PLANT SOURCE OF ENERGY WITH ZERO EMISSIONS.

WE WILL GROW FORESTS ONLY IF WE NEED THEM.

OLD TREES ANYWAY WILL BE DECAYED. IT IS NOTHING WRONG TO CUT OLD TREES AND USE THEM FOR ENERGY PRODUCTION.

It must be our strategy for independence from foreign source of energy, for 100% of employment.
WE MUST REBUILD OUR TRANSPORTATION SYSTEM TO MOVE PEOPLE AUTOMATICALLY ON SMALL CART, MOVING BY ROAD ON THE ROADS WITHOUT INTERSECTION.
WE MUST REBUILD SYSTEMS HOW WE PRODUCE ELECTRICITY.
05:24 PM on 06/11/2009
Have you calculated how much wood would need to be harvested annually for US or world demand?

Have you calculated how large the forests would need to be for this?
07:00 PM on 06/13/2009
use waste for BioChar. then the entire organic output of the land and sea eventually end up as energy and fuel.
09:43 PM on 06/11/2009
“There are about 600,000,000 acres of forested land in the lower 48 states
Woody plants – 5-10 tons/acre = 11,199.5-22,399 pound/acre
Average heating value of 8,000 BTU/lb (dry) or
89,596,000 BTU/acre. As you can see in calculation was taken 11,199.5 pound/acre (minimum, not maximum).
Consumption of energy total in 2010 year (projection)-107,870,000,000,000,000BTU/89,596,000BTU/acre = 1.200,000,000 acres.”

As you can see even with forests USA have right now we have annually enough energy to cover half of needs (2010 year) for our country. As many scientists suggest if we will pay attention to forest production the same as for corn, we can make significantly more wood from acre of land.
If we will use wood for small power plants we need 4 times less of energy sources.

Trees are the champion in the world between all plants and grow faster than any others plants. They collect sun energy during hundreds of years. Wood from the trees can be the cheapest source of energy for power plants and will give all their energy for electricity and heat production.
02:25 PM on 06/11/2009
It's tragic. The energy problem is a long term problem - unfortunately it can't change overnight. We're consuming more power than we ever have and new sources take some time to come online. I was saddened by Obama's rhetoric during the campaign about "clean coal" knowing that he was forced into that position in order to gain votes in PA and WVA and VA to a lesser extent. I think this is more of a practical matter, where the cheap energy is available and it's easier to not raise an objection with something that is already in motion. It's tragic. The faster we move towards renewables the better...

http://www.dasolar.com/alternative-energy/clean-coal
HUFFPOST SUPER USER
BannedNBoston
Is hemp legal yet?
02:23 PM on 06/11/2009
The dirty coal obama is giving us now is killing our enviroment.
Coal cant be made clean them taking 80% of the mercury out still leaves to much.

Well now get prepared for the Vilsack GMO falling economy food plan they now the economy
will tank for years and they have lots of cheap CORN SYRUP and corn chips, and estrogen soy burgers,and factory farmed swine and super claustrophobic small pen chickens that most people will buy because they are TOO POOR to buy anything else.

TEN YEAR DEBT CRASH;
http://www.brasschecktv.com/page/641.html
02:00 PM on 06/11/2009
Where is the change we were promised? Where is the change that we campaigned for? How can we have any hope, when we have no change? I am so disillusioned with what is happening in politics today. I was so looking forward to putting the last eight years (actually 30 years) behind us, but all the decisions of the new administration so totally eclipse that of the past.
HUFFPOST SUPER USER
KEATSnSKYESMOM
My life is way too complicated to put in this tiny
05:19 PM on 06/11/2009
I completely agree with you I have been feeling the same way. I am disappointed in what has transpired. There isn't transparency like we were told either. I am ready to move to a new country at this point. If there wasn't so much money changing hands and our representatives were not able to collect donations from lobbyists or corporations maybe just maybe they would have to make us happy instead.
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HUFFPOST COMMUNITY MODERATOR
dandypuddin
01:49 PM on 06/11/2009
If the mountaintops were in Connecticutt rather than poor WV & Appalachia, this practice would not be allowed. Can you imagine a toxic coal silo on the grounds of a CT day school? Doubtful.

Pres Obama and Salazar, dubious record thus far on the environment. Get with it. What are you waiting for?
12:30 PM on 06/11/2009
Today's Top Story:

Emergency responders search for survivors at the Coal River Elementary school in WV today after a retention dam breaks open, spilling 3 billion gallons of coal sludge into the valley below. Hundreds reported injured and hundreds still missing in what is being called the largest man made disaster in US history.

The White House stands by its decision to kill off as many people in WV as possible as well as millions of prestine mountain acres in the name of the coal lobby. White House press secretary made a statement, saying " We don't need mountains or clean forests or even people for that matter in this part of the country. If you want mountains and clean forests, go to Colorado. If you want inbreds, go to Tennessee."

While these seem to be strong words from the press secretary, they are somewhat misleading because we all know that the string of coal ash accidents brought on by the TVA have already killed off the inbreds of Tennessee.


We contacted a spokes person for the coal lobby who told us, " Not to worry, people and mountains die all the time we are just helping nature take its course." The spokesman went on to say, " If you want clean coal, then people are going to die its just that simple. What is it that you people don't get."

http://www.mygreenscene.com
BlackbirdHighway
Brawndo's got electrolites!
12:27 PM on 06/11/2009
Glad I voted Green Party.