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Jeff Biggers

Jeff Biggers

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Yes, Virginia, This Dirty Coal Bill Is a Bad Bar Room Romance

Posted: 02/ 2/11 10:51 PM ET

Taking their cue from the widely disgraced West Virginia politicos and Big Coal lobbyists, some legislators in Virginia are courting a bad regulatory romance bill that could cost the state dearly -- the morning after.

And the nation is watching: In the face of countless studies that link water quality to devastating cancer rates, health care crises and environmental destruction in the coalfields, a handful of Virginia politicians appear more intent on providing loopholes to circumvent growing national concern over clean water laws than to protect their own citizens -- and their own state budget.

If the coal industry gets its way, the state of Virginia just might have to abandon its tourist slogan -- Virginia is for Lovers -- and its long-time promotion of its mountain ranges.

Under the proposed SB 1025 and HB 2123 bills, Big Coal lobbyists are making an unprecedented attempt to eliminate a Jeffersonian commitment to citizens' participation and basic regulatory oversight of clean water laws for strip-mining in their beloved mountains, by ultimately shifting control of water quality to a political appointee. In effect, according to concerned residents in the coalfields, coal lobbyists have concocted a bill that places a stranglehold on state officials by restricting the state's ability to adequately review stream monitoring or toxicity testing in permitting and enforcement actions.

"If the coal industry doesn't want state officials testing the water, what are they afraid the tests will reveal?" asked Tom Cormons, Virginia Director for Appalachian Voices. "The industry is trying to tie state officials' hands to prevent them from doing their job."

The end result could be breathtakingly costly, both in human and financial terms, for the state. According to most estimates, Virginia already subsidizes the coal industry with $45 million in taxpayer funds. Studies in similar coal states like Kentucky and West Virginia have long demonstrated how the state already shoulders huge external and legacy costs from environmental and health impacts from strip-mining.

As Justin Maxson of the Mountain Association for Community Economic Development wrote in a letter to the Washington Post last spring:

In fact, coal mining jobs amount to only about 2 percent of employment in the central Appalachian region; the percentage is only slightly higher if you consider related employment. It does not account for anything approaching most of the employment. In Wise County, where The Post's story was set, there were 2,537 coal miners, or about 11 percent of total county employment, in 2004. That's fewer workers than hold jobs in retail trade (3,118).


This begs the question, especially for anyone making backroom bar room deals: If other industries, such as the liquor industry, must follow the laws and be held accountable for their actions, why shouldn't the declining coal industry have to follow basic laws? As one industry analysis has noted, the federal Energy Information Administration (EIA) reports that Virginia has 735 million tons of estimated recoverable reserves of coal and 296 million tons of recoverable coal reserves at actively producing mines (EIA, 2010a). At 2008 production rates, that is enough coal to last for approximately 12 years without opening any new mines.

The response from Big Coal lobbyists winking in the corner?

Quoted in the Richmond Times-Dispatch this week, Donald L. Ratliff, a lobbyist for Abingdon-based Alpha Natural Resources, "said he has spoken to McDonnell about EPA rules, and the administration agreed to step in as needed."

Speaking on behalf of a company with an estimated $15 billion value (after their recent move to purchase Massey Energy), Ratliff added: "We can't meet the standards that they've put on us right now. It's just too stringent."

Read that again: Assuring that the second largest coal company in the United States follows basic clean water laws is "too stringent"?

Before going through with this bad deal, Virginian legislators might want to chat with coal miners in Mingo County, West Virginia, who were trapped in an underground mine flood for 24 hours, after an Alpha subsidiary "did not regularly monitor and properly maintain the mine's system of diversion ditches," according to a MSHA report.

For more information on this landmark decision in Virginia, see the Wise Energy for Virginia updates.

 
 
 
 
 
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05:02 PM on 02/03/2011
Can anyone say "Chesapeake Bay Foundation" their vision is that the Chesapeake Bay and its tributary rivers, broadly recognized as a national treasure, will be highly productive and in good health as measured by established water quality standards.
Geez - Virginia Coal Companies have destroyed our state - West Virginia, Massey Energy passes the batton to Alpha Natural Resources to blow our mountains up and bury our streams!
The Richmond, Virginia 4th District Federal Court have overturned so many decisions by West Virginia Judges trying to save our mountains. The same Conservative 4th District Federal John Roberts came out of.
I don't know I'm going to stop, this makes me sooo mad I can't even think straight!
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Jennifer Sparks
Pardon me, I haven't had my coffee yet...
10:39 AM on 02/03/2011
It's all great for you educated people but what about all us dumb folks? How do we pay for services we cannot provide for ourselves? How do we sustain the masses that don't know and (maybe) don't care to know how they can reduce their impact on the environment...do we vote them off the island? I love the idea of clean coal as an energy option, along with nuclear energy, windmills, geothermal, squirrels running on treadmills, you name it! If it provides jobs in this recession it will help...
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Kringle
Resurrection of the Gifting Spirit
02:34 AM on 02/03/2011
The people can convert to clean, sustainable, home-based energy solutions..."Grid Independence"

By FAR, the "Grid" mentality/corruption of our energy systems is THE most efficient aspect of energy as we face our future energy needs.

Yes, some very wealthy interests don't mind polluting the water supply, but then again...they don't have to live there. Citizens have the right to a clean environment.

Support Energy Independence, educate yourselves about the myriad home-based energy solutions available (geothermal, small-scale hydro, small-scale wind, bio-mass, bio-fuel, solar, methane collection, etc.) and analyze YOUR home's transition to economic and energy independence.
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nkurland
I'm going to leave this planet alive
12:42 AM on 02/03/2011
Regardless of the issue, this is what "depoliticizing" an issue means: removing it from the democratic process.
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Quitcherbichin
If you are posting here, thank a veteran.
11:12 PM on 02/02/2011
I say regulate, regulate, regulate.... the people can always burn water....