Friday roundup, May 19, 2012

May 18, 2012 by Ken Ward Jr.

In this May 2, 2012 photo, Jeff Moline grooms and compacts a coal pile after a rainstorm degraded the pile at  at the Sherco power plant in Becker, Minn.   (AP Photo/The St. Paul Pioneer Press, Jean Pieri)

One of the more interesting pieces this week was a story in Scientific American, relating the results of a study published in Science, about surprise workplace safety inspections:

Costly safety upgrades, nitpicky government inspection and resulting fines are often blamed as being bad for business. But a new study shows that when government job-safety inspectors make a surprise visit, they actually enable companies to save money—and jobs—for years to come.

Occupational safety has improved immensely over the decades, but in industries with traditionally high injury rates, such as manufacturing, lumber or food processing, work is still dangerous, putting employees at risk and leaving employers vulnerable to expensive accidents. But how much can just one safety inspection help?

Quite a bit, the new analysis suggests: Just one inspection saved companies 26 percent on workers compensation claims over five years.

Of 818 companies with more than 10 employees, the 409 that were randomly selected for inspections saved an average of $355,000 over five years in worker injury claims and compensation at each firm, compared with the other 409 similar companies that were not inspected.

Also this week, SNL Financial published an updated report on safety violation disclosures coal companies filed with the U.S. Securities and Exchange Commission:

Coal mines operated by Alpha Natural Resources Inc. were assessed more proposed fines for federal safety and health violations in the first quarter than all other public coal companies combined with total fines well above $5 million — a level roughly consistent with previous quarters following Alpha’s acquisition of troubled Massey Energy Co.

Alpha operates 145 active coal mines, the most of any U.S. public coal producer, and many of those operations are underground mines in Central Appalachia, where more complex mining, with larger workforces, tends to occur and often results in more safety violations than at large-scale surface mines in the western United States. Still, assessments issued to Alpha by the U.S. Mine Safety and Health Administration have shown no significant decline since Alpha’s June 2011 acquisition of Massey, suggesting the company continues to struggle to bring legacy Massey mines into compliance.

  Read the rest of this entry »

Coal PR firm set up state’s anti-Obama meetings

May 18, 2012 by Ken Ward Jr.

Most local readers have probably seen the billboards proclaiming that Appalachia is the Obama adminisration’s “No Job Zone,” citing the U.S. Environmental Protection Agency’s efforts to curb the damage being done by mountaintop removal, reduce toxic air emissions from coal-fired power plants, and save the global climate from greenhouse gas pollution.  Of course, those signs are brought to us by one of the coal industry’s many front groups, this one called the “Foundation for American Coal, Energy and Security,” or “FACES of Coal.

FACES of Coal is organized, at least in part, by Brown Communications, a Charleston-based public relations firm operated by former West Virginia Commerce Commissioner (and Gazette wine blogger) John Brown and his son, Bryan.

Now, we’ve written before here on Coal Tattoo about this series of meetings next week being held by the taxpayer funded Coal Forum to “discuss EPA’s War on Coal.” Meetings are planned in Charleston, Beckley and Wheeling where members of the state’s congressional delegation and United Mine Workers President Cecil Roberts are scheduled to attack President Obama and EPA, and outline their plans for trying to defeat the president’s agenda on coal-related issues (and who knows — perhaps discuss the coal industry’s plans to defeat the president’s re-election bid).

But yesterday, I found out — through a Freedom of Information Act request to the Tomblin administration — who the state has hired to plan and promote these meetings … and guess who it is:

That’s right … Brown Communications. The same folks who are promoting the anti-Obama campaign of the coal industry are being paid by state taxpayers to, well, do the same thing. If you missed it, as I wrote earlier this week, the Coal Forum is a state effort set up by statute to, among other things, conduct “coal advocacy programs.”  Over the last two years, state lawmakers have specifically earmarked about $60,000 for the Coal Forum. The group is co-chaired by Chris Hamilton, a vice president and lobbyist for the West Virginia Coal Association, and Fred Tucker of the United Mine Workers union, so the group has always billed itself as an industry-labor effort. In the past, the Coal Forum may have worked on educational events about important mine safety issues. But the “events” section of its Website shows it has increasingly been putting resources into attacking the Obama administration and EPA.

When I checked in with Chris Hamilton yesterday, he told me that the Coal Forum’s relationship with Brown Communications was nothing new:

The Coal Forum has had a relationship with Brown Communications for probably 15 years. it’s helped with logistics and setup work for various educational events such as the ones next week.

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Another Alpha miner dies on the job

May 17, 2012 by Ken Ward Jr.

Here’s the news today from the U.S. Mine Safety and Health Administration:

A fatality has occurred at Alpha’s Liberty Processing site … The accident occurred at approximately Noon today. It was reported that a miner fell approximately three stories near the elevator in the preparation plant. District 4 personnel have responded from the Madison, WV field office and a 103k Order issued.

An investigation will be conducted by MSHA.

 UPDATED: Here is some additional information from the West Virginia Office of Miners’ Health, Safety and Training —

Clyde W. Dolin, 57, of Danville fell approximately three stories at Liberty Processing in Boone County this afternoon.  Mr. Dolin was pronounced dead at Boone Memorial Hospital.  He had 39 years mining experience, including 13 at this plant.  He was a mechanic.

  Read the rest of this entry »

W.Va. coal-mining jobs on rise under Obama

May 17, 2012 by Ken Ward Jr.

There’s no doubt that next week’s taxpayer-funded coal industry pep rally against President Obama and the U.S. Environmental Protection Agency will feature industry officials and their political supporters arguing that the current administration’s policies are killing the coal industry, and putting West Virginians out of work.

Republican political operatives – folks that probably wish Don Blankenship would run for governor — are already gearing up their spin that West Virginia has “fewer coal miners” because of President Obama and EPA.

But over at the West Virginia Center for Budget and Policy, Ted Boettner dares to try to insert some facts into this whole discussion. Writes Ted:

While the Obama administration and the EPA may be taking a harder look at mountain top removal mining permits, a quick look at coal mining employment in West Virginia reveals that since Obama took office in the winter of 2009 coal mining employment has grown by over 1,500 jobs or by 7.4%. If we measure from the end of the national recession in June 2009 (or the 2nd Quarter of 2009) to the third-quarter of 2011 (the latest available data), employment in the coal mining industry has grown by 3,100. For comparison, total employment in West Virginia has only grown by 2.9% over this period.

Here’s the chart, which supports what we’ve previously published in the Gazette on this issue:

 

W.Va. taxpayers fund anti-Obama coal campaign

May 16, 2012 by Ken Ward Jr.

Folks in West Virginia may have heard about a series of upcoming events aimed at attacking President Obama and his Environmental Protection Agency’s efforts to reduce the coal industry’s impacts on the environment, public health and the global climate system.

A group called “The Coal Forum” is sponsoring the events, which include meetings next week in Charleston, Wheeling and Beckley. Listed speakers include Congresswoman Shelley Moore Capito, Congressman Nick Joe Rahall, Congressman David McKinley and UMWA President Cecil Roberts. Next week’s meetings are described on the Coal Forum’s website as events:

… To discuss EPA’s War on Coal and, specifically, the agency’s greenhouse gas and Utility MACT proposed rules.

These rules will significantly affect West Virginia jobs, and in fact, have already resulted in the announced premature closure of several state power plants. The purpose of the Coal Forum events are to increase awareness of the harmful impacts these rules will have on the economy of Appalachia and to discuss strategies for reversing them.

What you may not realize is that these events are sponsored and paid for by West Virginia taxpayers.

You see, the Coal Forum is kind of a creature of state statute. Check out W.Va. Code 22A-6-7. Generally, this is a section of law concerning state mine safety boards and technical committees related to those boards. But it includes a little bit of language that charges the State Coal Mine Safety and Technical Review Committee with this duty:

Provide a forum for the resolution of technical issues encountered by the board, safety education and coal advocacy programs.

Over the last two years, the state Legislature (and the governor) have specifically earmarked nearly $60,000 for the “Coal Forum” (see here and here).

The Coal Forum’s promotional materials for next week’s events say:

Stakeholders in West Virginia’s mining economy – industry leaders, mining personnel, association representatives, local legislators and policy leaders – are encouraged to attend.

There’s no mention of having any public health professionals, environmental quality experts, or anyone else who might dare to question the standard industry line about Obama’s “war on coal.” Remember, those are your tax dollars at work.

Another blast from the past: Dave Callaghan says Manchin, coal hijacked W.Va. Democratic party

May 16, 2012 by Ken Ward Jr.

When last we heard from former West Virginia environmental regulator David C. Callaghan, he had written a pretty hard-hitting op-ed piece critical of mountaintop removal and the state political leadership that supports that practice. This morning, Callaghan has another must-read commentary in the Gazette, this one focused on the presidential election and the effort by the coal industry and its political friends to churn up concern about the Obama administration’s supposed “war on coal.”

Callaghan focuses his criticism on Democratic Sen. Joe Manchin, saying:

Our junior senator, whose party affiliation is called into question, has repeatedly joined the opposition to thwart the president and the goals of the Democratic Party. The junior senator says that he is a Democrat and will always be. A close look at his political history proves otherwise.

Why is Sen. Manchin such a big critic of the Obama administration? Here’s what Callaghan says:

It’s about money! As long as the EPA and Obama are depicted as the “enemies of the people,” the captains of the extractive industries (who are mostly Republicans) will flood his campaign coffers as they have done for a very long time.

In return, his regulatory agencies, the DEP and the Office of Miners Health, Safety and Training, have presided over the greatest destruction of renewable resources and the two most deadly mine disasters in decades.

Read the rest of this entry »

Alpha contractor cited in Virginia miner’s death

May 15, 2012 by Ken Ward Jr.

The U.S. Mine Safety and Health Administration has issued the report on its investigation of the December 2011 death of a miner at an Alpha Natural Resources contract mine in Virginia, and it’s not very pretty. Here’s the overview:

On Wednesday, December 7, 2011, at 7:33 a.m., Richard N. Yonts, a 49-year-old excavator operator with 20 years of mining experience, was fatally injured while loading haul trucks in a strip pit. The victim was operating a Komatsu PC 400 excavator, loading shot material from the active pit into a Komatsu 785 haul truck. A portion of the highwall collapsed onto the operator’s compartment of the excavator, resulting in fatal injuries.

The day before the accident, hazards were observed in the highwall by mine management, and afterward, mine management constructed an inadequate barricade to prevent access to the hazardous pit area. The hazards observed in the highwall and documented by mine management the day before the accident, were not reviewed by mine management the day of the accident. The hazards observed by mine management in the highwall during the pre-shift examination performed on the day of the accident, were not eliminated or mitigated by mine management.

The incident occurred at Fairbanks Coal Company’s Fairbanks No. 4 Mine in Wise County, Va., a contract operation that supplied coal to Alpha’s Pigeon Creek Processing Plant. The mine has since stopped producing coal.

MSHA investigators concluded:

The accident occurred because of management’s failure to provide adequate oversight of the mining process, to conduct proper examinations, and to comply with the mine’s Ground Control Plan. Management chose to use a modified blasting procedure, due to the presence of overland high voltage lines, and this procedure created instability in the Redwine pit highwall. A hazardous highwall condition developed as the Redwine pit was mined and the condition was not posted conspicuously to warn miners of the danger. As mining continued on a subsequent shift, the hazardous condition along the Redwine pit highwall continued to exist due to lack of communication between shift managers, and an inadequate examination of the highwall by day shift foremen. The victim was directed by mine management to operate an excavator in a manner that placed the excavator cab adjacent to the unstable highwall. As he was loading previously blasted shot material into haul trucks, a portion of the highwall collapsed, entrapping and fatally injuring the victim in the cab of the excavator.

MSHA inspectors issued six enforcement orders that concluded the company demonstrated an unwarranted failure to comply with safety rules.

Coal River again makes ‘most endangered’ list

May 15, 2012 by Ken Ward Jr.

The Coal River runs by the Alpha Natural Resources Goals Coal processing plant, near Marsh Fork Elementary School, in Raleigh County. Photo by Vivian Stockman

Here’s the announcement this morning from the group American Rivers:

American Rivers named the Coal River among America’s Most Endangered Rivers today, shining a national spotlight on the threat mountaintop removal mining poses to clean water and public health. The announcement of the Coal is particularly timely, with the nation commemorating the 40th anniversary of the Clean Water Act this year, and Congress considering drastic rollbacks to clean water safeguards.

The Coal River has made this list before, and here’s what American Rivers has to say this year:

The extremely destructive practices of mountaintop removal mining and valley fills that bury and poison headwater streams pose a dire threat to the health of the Coal River and surrounding communities. Some of the largest strip mines in Appalachia exist in the Coal River basin. Approximately 20 percent of the river’s watershed is permitted for coal mining, and one-third of that area has already been mined. Over 100 miles of headwater streams have already been buried in the watershed.

Cindy Rank, mining chair for the West Virginia Highlands Conservancy, said:

In the last couple of years, much positive attention has been given and energy expended to entice local involvement and enjoyment of the lower reaches of the Coal River in Kanawha County. And yet the smaller headwater streams miles upriver continue to be buried and polluted by giant coal mining mountaintop removal operations. It is here in these headwaters where the life and health of the river begins. And it is here where the connections between the health of the environment and the health of the people are most apparent. Protecting these small streams is essential for the long term health of both.

Goodwin announces Alpha deal safety panel

May 14, 2012 by Ken Ward Jr.

United States District Attorney R. Booth Goodwin II, left, and top Assistant U.S. Attorney Steve Ruby announces a $210 million agreement with Alpha Natural Resources Inc., in Charleston W.V.,  Tuesday Dec. 6, 2011,  in connection with the criminal investigation of events surrounding the April 5, 2010 explosion at the Upper Big Branch mine that killed 29 men.  (AP Photo/The Charleston Gazette, Chris Dorst)

Here’s the announcement being made this morning:

U.S. Attorney R. Booth Goodwin II today announced that he has approved the selection of three leading experts in mine safety and health and workplace safety and health to serve as members of the board of directors of the $48 million Alpha Foundation for the Improvement of Mine Safety and Health. The Foundation was created as part of a December 2011 agreement between the U.S. Attorney’s Office for the Southern District of West Virginia and Alpha Natural Resources arising from the Upper Big Branch mine explosion. Selected to lead the research foundation board are Dr. Keith A. Heasley of West Virginia University’s College of Engineering and Mineral Resources; Dr. David H. Wegman, Emeritus Professor of Work Environment at the University of Massachusetts (UMass) Lowell; and Dr. Michael E. Karmis, professor and director of the Virginia Center for Coal and Energy Research at Virginia Tech.

A press release from Goodwin’s office explains:

The Foundation is an independent entity that will fund mine safety and health research and development without involvement from Alpha or the United States Attorney’s Office. It will operate under the supervision of the directors announced today. The Foundation plans to hold a kick-off meeting this summer where the directors will begin setting priorities for funding. 

Under the December non-prosecution agreement, Alpha agreed to make payments and safety investments totaling $209 million in connection with the criminal investigation of events surrounding the April 5, 2010 explosion at the Upper Big Branch mine.  Those payments include the investment of $48 million in the Foundation, which will fund academic and non-profit research.

Goodwin said:

Drs. Heasley, Wegman, and Karmis are leaders in mine safety and workplace safety, and I am pleased they have agreed to serve on the Foundation’s board. Each board member brings many years of research experience and world-class expertise that will help the Foundation foster life-saving advances in mine safety and health.

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UBB update: Family lawsuits appear far from over

May 10, 2012 by Ken Ward Jr.

There’s some pretty interesting stuff buried in the latest U.S. Securities and Exchange Commission disclosure filed today by Alpha Natural Resources.

First, there’s this:

The Company had reached agreements in principle to settle with all twenty-nine families of the deceased miners as well as the two employees who were seriously injured. However, families of two of the deceased miners have recently withdrawn their prior agreements to settle, and settlement negotiations in those cases are ongoing.

And then, there’s this:

On April 5, 2012, one of the families of the deceased miners filed a class action suit in Boone County Circuit Court, purportedly on behalf of the families that settled their claims prior to the mediation, alleging fraudulent inducement into a contract, naming as defendants Massey, the Company and certain of its subsidiaries,the Company’s CEO and the Company’s Board of Directors.

Now remember, the word back in January was that Alpha had managed to reach settlements with the families of all 29 miners who died in the April 5, 2010, explosion at Upper Big Branch.

This new SEC filing suggests that at least two of those families are continuing to pursue their lawsuits. And also remember that back in April, several members of the family of miner Edward Dean Jones sued former Massey CEO Don Blankenship and other corporate official.

The SEC filing also makes clear that suits are pending on behalf of miners other than those who were killed, saying:

… Thirty-nine employees had filed lawsuits against Massey and certain of its subsidiaries in Boone County Circuit Court and Wyoming County Circuit Court alleging emotional distress or personal injuries due to their proximity to the explosion. On April 19, 2012, the Company filed a motion to transfer the Wyoming County lawsuits to Boone County.

If it’s not obvious, the most interesting development here — given that some settlements were reached with families very shortly after the disaster — is this:

On April 5, 2012, one of the families of the deceased miners filed a class action suit in Boone County Circuit Court, purportedly on behalf of the families that settled their claims prior to the mediation, alleging fraudulent inducement into a contract, naming as defendants Massey, the Company and certain of its subsidiaries,the Company’s CEO and the Company’s Board of Directors.

Stay tuned …

UPDATED:   We posted a new story on this here.

CCS update: Funding still stalled for coal’s only hope

May 10, 2012 by Ken Ward Jr.

The good folks at the Worldwatch Institute have this important report out this week:

Global funding for carbon capture and storage technology, a tool for the reduction of greenhouse gas emissions, remained unchanged at US$23.5 billion in 2011 in comparison to the previous year, according to a new report from the Worldwatch Institute. Although there are currently 75 large-scale, fully integrated carbon capture and storage projects in 17 countries at various stages of development, only eight are operational—a figure that has not changed since 2009.

… Although CCS technology has the potential to significantly reduce carbon dioxide emissions—particularly when used in greenhouse gas-intensive coal plants—developing the CCS sector to the point that it can make a serious contribution to emissions reduction will require large-scale investment. Capacity will have to be increased several times over before CCS can begin to make a dent in global emissions. Currently, the storage capacity of all active and planned large-scale CCS projects is equivalent to only about 0.5 percent of the emissions from energy production in 2010.

Importantly, the report says:

The prospects for future development and application of CCS technology will be influenced by a variety of factors, according to the report. This March, the U.S. Environmental Protection Agency proposed regulations on carbon dioxide emissions from power plants. As a result, U.S. power producers would soon be unable to build traditional coal plants without carbon-control capabilities (including CCS). The technology will likely become increasingly important as power producers adjust to the new regulations.

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Appalachian women put coal on trial

May 10, 2012 by Ken Ward Jr.

Strong Appalachian women have long been a major force in our region — from Mother Jones to the women who helped lead the Harlan County coal strike, to Kentucky mining widows who fought for tougher safety regulations to folks like Judy Bonds and Maria Gunnoe in the anti-mountaintop removal movement.

Well, today here in Charleston, women from across the region gathered to put mountaintop removal on trial.  It’s an event called the Central Appalachian Women’s Tribunal on Climate Justice, being held all day at the Charleston Woman’s Club down on Virginia Street, not far from the state Capitol complex. The vent is one in a series of new U.S. tribunals, following up on similar events in other countries.

When I stopped by for a while this morning, I heard Beverly May, a family nurse practitioner from Kentucky, give a rundown of the long list of studies by WVU’s Michael Hendryx and his colleagues that point to links between living near mountaintop removal and being more likely to get cancer or be born with birth defects. She told us:

All of the research points to what mountain people have known since strip mining began. It is not possible to destroy out mountains without destroying ourselves. It is not possible to poison our streams without poisoning our children.

The tribunal’s jurists include well-known environmental activist Lois Gibbs. The event continues this afternoon from 1 p.m. to 3 p.m., and there is a live stream of it here. Findings from the tribunal will be presented in June at the Rio +20 U.N. conference on sustainable development in Brazil.

Would Mitt Romney protect coal miners?

May 10, 2012 by Ken Ward Jr.

Folks like Hoppy Kercheval are basking in the glow of Tuesday’s election here in West Virginia, where a felon who is in jail in Texas managed more than 40 percent of the vote against Presidential Obama in the Democratic primary. Writes Hoppy in today’s West Virginia MetroNews commentary:

… The President’s activist EPA has put a significant strain on coal, the state’s leading industry. Coal has responded with a campaign critical of the EPA. That effort has chipped away at the little support the President does have here.

What you probably won’t hear much about from Hoppy — or the rest of West Virginia’s coal-centric media — are things like this story, reported by the Huffington Post:

Mitt Romney teamed up with controversial coal magnate Bob Murray for a fundraiser Thursday in the same Wheeling, W.Va., hotel where Murray last fall hosted a similar event for Texas Gov. Rick Perry’s failed presidential bid.

Murray, CEO of Murray Energy, the nation’s largest independent, family-owned coal producer, is an outspoken climate-change denier who captured national attention in 2007, following a collapse at his company’s Crandall Canyon mine in Utah that killed six miners and three rescue workers. Murray Energy’s history of unsafe practices has resulted in hundreds of citations and millions in fines.

The “war on coal” is big news for most of West Virginia’s Obama-hating media. What I’ve come to call the “war on coal miners” isn’t nearly as important, it seems. How many stories during the 2008 presidential race focused on how the Republican administration had taken a hatchet to MSHA, setting the stage for the string of disasters in 2006 and 2007? While MSHA under Obama and Joe Main has been far, far from perfect (see here, here and here), how much coverage over the next six months will miner health and safety get in West Virginia, compared to stories attacking EPA?

The Wheeling paper did a piece about Romney’s visit, and Murray’s involvement, without mentioning Crandall Canyon or Murray Energy’s safety record. The story did quote Rep. David McKinley saying:

I told Mitt Romney I will support him, and I am financially doing my part tonight. He is taking care of miners and the coal industry.

There was no indication that anybody asked Romney if he thought Murray’s safety practices at Crandall Canyon were acceptable.

Now, when we last hear from Bob Murray, one of his subsidiaries was pleading guilty to two criminal charges that stemmed from those deaths at Crandall Canyon. Even the Bush administration considered the actions of Murray’s company to be outrageous. When MSHA issued its report on the disaster, then-MSHA chief Richard Stickler had this to say:

MSHA’s investigation found that Genwal Resources recklessly failed to immediately report three previous coal outbursts that had occurred, two in March 2007 and one just three days before the August 6th accident. These reporting failures were critical, because they deprived MSHA of the information it needed to properly assess the operator’s mining plans. MSHA also found that the operator was taking more coal than allowed from the barrier pillars and the floor. This dangerously weakened the strength of the roof support.

As then-Massey Energy CEO Don Blankenship did with the Upper Big Branch Mine Disaster, Murray has repeatedly tried to paint Crandall Canyon as unavoidable, as an act of God. As noted in MSHA’s press release at the time:

The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) today announced that it has fined the operator of the Crandall Canyon Mine in Emery County, Utah, $1,340,000 for violations that directly contributed to the deaths of six miners last year. Agapito Associates Inc., a mining engineering consultant, was fined $220,000 for faulty analysis of the mine’s design. MSHA cited the mine operator for 11 additional, noncontributory violations issued as the result of the investigation. The proposed penalty for these violations is $296,664, bringing the total proposed penalties against the mine operator to $1,636,664. Crandall Canyon Mine is operated by Genwal Resources Inc., whose parent company is Murray Energy Corp.

Remember that, while rescue workers were still hoping to find survivors at Crandall Canyon, Murray went on a crazed rant, attacking the media and mine safety advocates who dared to point out that his company was using a very dangerous mining technique at the time the disaster occurred:

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Coal politics: What W.Va. doesn’t want to talk about

May 9, 2012 by Ken Ward Jr.

President Barack Obama walks across the South Lawn of the White House in Washington, Tuesday, May 8, 2012, as he arrives from a day trip to from Albany, N.Y. (AP Photo/Carolyn Kaster)

As you can see from today’s Gazette story, Mining causing widespread water damage, judge told, I spent West Virginia’s primary election day in federal court down in Huntington. The testimony of one of the top scientific experts on mountaintop removal’s impacts on water quality was worth the trip:

Emily Bernhardt, a Duke University aquatic ecologist, detailed what she said are the conclusions of numerous scientific studies about mountaintop removal’s impacts on the region’s important headwater streams.

“It’s an enormous change in the chemistry of streams compared to what we see before mining,” Bernhardt told U.S. District Judge Robert C. Chambers.

Bernhardt said the science is clear that mountaintop removal not only buries streams with valley fill waste piles, but also sends harmful levels of various pollution runoff into stream reaches beyond those fills.

There was more:

Bernhardt walked Chambers through a list of previous scientific papers that have shown impaired aquatic life — measured through reduced diversity of insects — downstream from mining and valley fill sites. Bernhardt said studies have clearly shown this impairment related to high levels of electrical conductivity, caused by sulfates and other mining pollutants.

“The weight of the evidence is very strong,” Bernhardt said.

… [Citizen group attorney Joe] Lovett asked if any peer-reviewed scientific papers have been published that contradict this conclusion. “Not that I’m aware of,” Bernhardt said.

As best I could tell, I was the only member of the West Virginia media to attend the hearing. The solid scientific consensus about mountaintop removal’s damage to our environment — not to mention the growing evidence of its impacts on public health – doesn’t get a lot of traction with local media, where if the story is told at all, it’s generally told with false balance that presents coal company public relations statements on equal level with the weight of the scientific evidence.

It was election day, though — so most reporters and editors spent the day in hurry-up-and-wait mode, preparing to push out numbers when the returns came in last night. If only as much effort were put into really informing the public about the hard issues facing our state’s coalfields as is put into churning out those returns, speculating or “calling” races, and — thanks to modern social networking — “tweeting” about either the results.

Because when you think about it, what was going on in federal court yesterday not only said a lot about one of the most covered, and yet poorly covered, issues in West Virginia, but it also showed perfectly what’s so often wrong with the way our political and media establishment here ensures that some of the more important, but also more uncomfortable, challenges we face as a state aren’t really discussed in a way that would help us move forward.

In the courtroom, Alpha Natural Resources — the “new ownership in Southern West Virginia“, as Rep. Nick Rahall likes to call them, attempting to paint Alpha a better than Massey Energy — is doing all it can to limit what can be talked about in this lawsuit before Judge Chambers. Oddly, so is the Obama administration. And so is Judge Chambers. Alpha argues the judge has little ability to consider whether the Army Corps of Engineers was right or wrong in issuing the permit that’s being challenge.  Obama lawyers contend citizen groups have no right to put on new evidence, such as the science the Corps ignored when it approved the permit. And Judge Chambers wanted no part of any discussion of those WVU studies linking mountaintop removal to serious public health damage in the coalfields.

And in the media, the big story today is going to be Keith Judd, the Texas inmate who has apparently scored more than 40 percent of the vote in West Virginia’s Democratic party primary for president. Larry Messina’s AP story provides the conventional outlook on what this all means:

Obama’s energy policies and the Environmental Protection Agency’s handling of mining-related permits have incurred the wrath of West Virginia’s coal industry. With the state the nation’s second-biggest producer of this fossil fuel, Gov. Earl Ray Tomblin and Sen. Joe Manchin -both Democrats have championed the industry – have declined to say whether they will support Obama in November.

Unfortunately, the more important part of all of this doesn’t fit neatly into a quick-hit political story churned out late on election night. I’m not knocking Larry here. But the way the media covers elections, with the focus on the horse race, the advertising war, and the soundbites, doesn’t lend itself to a broader perspective.

The conventional narrative, championed by Gov. Tomblin and Sen. Manchin is this: President Obama and his people have some ingrained, unreasonable hatred of the coal industry (or maybe all fossil fuels), and their “war on coal” is killing our state’s economy. The unavoidable conclusion from this narrative is that if we could just get Obama and his EPA off our backs, West Virginia would boom again — we could have 100,000 coal miners working again, and places like McDowell County would have three movie theaters and instead of being a string of ghost towns.

Tricia Christensen wears a mask during a rally Monday, May 7, 2012, in Portland, Ore.  Columbia Riverkeeper, the Sierra Club, Climate Solutions and Greenpeace sponsored the rally to fight a half-dozen proposals to ship coal from Montana and Wyoming to Asia through Northwest ports. (AP Photo/Rick Bowmer)

Ignored in this popular narrative, though, are some important points:

– There are plenty of reasons to be worried about the coal industry’s impacts on environment and public health. There’s the clear science showing mountaintop removal’s pervasive and irreversible impacts on the region’s environment. There’s the growing evidence linking mountaintop removal to serious health problems, including cancer and birth defects. And there’s the overwhelming evidence tying the burning of coal to a variety of other serious health problems and premature deaths.

– While coal provides good-paying jobs to a fortunate, but ever-declining few in Appalachia, the last decade has seen the return of coal mining disasters at Sago, Aracoma, Kentucky Darby, Crandall Canyon and Upper Big Branch. And far, far more miners die — 10,000 in a recent decade — from black lung, a deadly disease that’s on the rise again in our region.

– Coal is a major contributor to global warming pollution, a matter that most scientists consider a grave threat to humanity.  The only way to keep using coal and combat climate change at the same time is to deploy carbon capture and storage technology broadly on power plants around the world.  Experts agree that won’t happen unless there are binding emissions reductions — something the Obama administration has proposed for new power plants in a rule that’s the latest step by EPA to prompt ridiculous rhetoric from folks in the industry.

– In Central Appalachian — meaning Southern West Virginia — coal production is in the midst of a serious decline that’s likely to see output cut in half by the end of this decade.  This trend will hit the region hard, but just try to get Sen. Manchin or Gov. Tomblin on the record about it or about their plans for seeing the state and its residents safely through this turmoil. As has been well documented, this trend has little to do with government regulations, but you won’t hear that from our political leaders.

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OSMRE threatens takeover of Ky. bonding program

May 7, 2012 by Ken Ward Jr.

Here’s an important story out today from Greenwire (subscription required) about problems with Kentucky’s strip-mining reclamation program:

The Office of Surface Mining, the federal government’s top coal mining regulator, is threatening a partial takeover of Kentucky’s regulatory program for abandoned mine reclamation.

The main issue is whether Kentucky is properly calculating the cost of reclaiming a mine and requesting enough in financial assurances or bonds from coal companies in case they go bust.

Greenwire cites this letter from OSMRE Director Joe Pizarchik, and says:

OSM and Kentucky regulators have been discussing bonding issues for years. Several studies have shown Kentucky bonding requirements have fallen short.

“One of the problems with the bonding protocols in Kentucky is that they have not changed since 1993,” OSM spokesman Chris Holmes said in an interview.

“We have conducted several studies on bond forfeitures in Kentucky,” Holmes said. “And the last five studies discovered that 77 percent of forfeited permits did not have sufficient bonds to complete reclamation.”

Under a partial federal takeover, Kentucky risks losing the ability to set bond requirements for mines in the state. Millions of dollars in grants and abandoned mine funding distributed by OSM are also at stake.

Pizarchik’s letter sets a process in motion codified by the Surface Mining Control and Reclamation Act. Steps include meetings between federal and state regulators and a possible public hearing.

 

McAteer to retire from Wheeling Jesuit post

May 7, 2012 by Ken Ward Jr.

Here’s the latest from Vicki Smith over at the AP:

An international expert on mine safety will retire from his current post as a vice president of Wheeling Jesuit University amid an investigation into how he and the school handled federal dollars.

Wheeling Jesuit President Rick Beyer sent an email to alumni Monday, informing them that J. Davitt McAteer is leaving when his contract expires June 30. The Associated Press obtained a copy, and school spokeswoman Michelle Rejonis verified its authenticity.

Rejonis couldn’t comment on whether the retirement is related to the federal probe and said the email to the Wheeling Jesuit community would be the only formal statement on the matter.

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Post-Gazette whiffs with puff piece on CSE Corp.

May 7, 2012 by Ken Ward Jr.

CSE Corp. president Scott Shearer, talks about the demand for the emergency air packs CSE pioneered for coal mining while in the corporate offices in Monroeville, Pa.,Wednesday, Jan. 24, 2007. (AP Photo/Keith Srakocic)

While many U.S. coal miners might be waiting until the end of 2013 for replacements for potentially defective emergency breathing devices, we explained in a story on Sunday that federal and state mine safety agencies are moving much more quickly to get new self-contained self-rescuers for their own inspectors:

The U.S. Mine Safety and Health Administration bought 300 new self-contained, self-rescuers, or SCSRs, last year and has ordered another 600 replacements for SR-100 models made by Pittsburgh-based CSE Corp.

In West Virginia, the state Office of Miners’ Health, Safety and Training is making an emergency order to replace any SR-100s currently assigned to its mine inspectors.

This, of course, comes after the release of a long-awaited NIOSH report on problems with the oxygen starter systems in the CSE SR-100 model, which prompted a 20-month phase-out plan announced two weeks ago by MSHA chief Joe Main.

Also on Sunday, readers of the Pittsburgh Post-Gazette were treated to what I guess was supposed to be a feel-good feature story about CSE Corp., a local company based in Monroeville, outside Pittsburgh proper.  The story reported:

What looked like a bonanza in 2007 turned into a nightmare three years later for CSE Corp., a Monroeville company that makes breathing and gas detection equipment used in coal mines.

President and co-owner Scott Shearer said the experience with faulty cylinders from an overseas supplier that caused the company to halt production did have a silver lining: Instead of buying many components for its air pack business overseas, CSE has brought the work back home and now relies on about three dozen suppliers within a three-hour radius of the Monroeville plant.

“I’ll never go back. I won’t,” he said when asked about using overseas suppliers.

The story describes how passage of the MINER Act’s requirements for additional SCSRs in U.S. coal mines greatly increased the market for the devices, giving a huge boost to CSE, then the dominant maker and seller of the units. And it paints CSE as the overwhelming good guys, acting quickly when it discovered a problem a few years later:

Just as CSE was about to catch its breath in February 2010, workers at the Monroeville plant detected an isolated problem with the air pack, known as a self-contained self-rescuer.

The devices rely on a small starter cylinder to deliver enough oxygen to a miner until chemicals inside the 6-pound device start recycling the carbon dioxide that miners exhale into oxygen. They are designed to provide up to a one-hour supply.

After randomly testing more than 500 cylinders on the production line, workers found one that could not supply sufficient oxygen.

“We stopped the production line,” Mr. Shearer said. “It’s a life-saving device, and certainly anytime we see an issue like that we want to understand it.”

I guess that’s all true — as far as it goes. The problem is that Post-Gazette reporter Len Boselovic left out some important points about this local company’s history with the SR-100.

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Friday roundup, May 4, 2012

May 4, 2012 by Ken Ward Jr.

Pakistani Ghull Mohammed, 69, breaks coal as part of his daily work in a brick factory, during May Day, on the outskirts of Islamabad, Pakistan, Tuesday, May 1, 2012. May Day is being marked across the world Tuesday. (AP Photo/Muhammed Muheisen)

The last word I had from China was:

Five workers remain trapped underground in Wednesday’s coal mine flood accident that has killed nine miners in Hegang, Northeast China’s Heilongjiang province.

As of noon on Thursday, 800 cubic meters of floodwater had been pumped out of the pit, as 350 rescue workers continued to search for the trapped miners.

Sun Qiang, the deputy head of the Xing’an district in Hegang, who was in charge of work safety in the district, was removed from office after Wednesday’s accident, according to the local Party committee.

Lu Shouxiang, director of the district’s coal mine safety supervision bureau, was also removed.

The accident is the deadliest in the city since 2009, when a gas explosion in another local coal mine killed 108 people.

Also internationally, Brad Plumer writes for The Washington Post’s WonkBlog (citing a Grist piece by David Roberts):

Large U.S. mining companies such as Arch Coal and Alpha Natural Resources have seen their share prices tumble of late. They’re resting their hopes on six new export terminals in Oregon and Washington, which, once built, will enable the Pacific Northwest to ship more than 150 million tons of coal to Asia. In essence, we’d be exporting our carbon pollution overseas.

… A deluge of coal from the United States will, in the end, cause Asia to use more coal. Countries like China will have less incentive to develop alternative energy sources or become more efficient. And that, in turn, will mean more heat-trapping greenhouse gases in the atmosphere than there otherwise would be. To put this in perspective, 150 million tons of coal produces about as much carbon dioxide as 60 million cars.

That’s why many environmentalists are looking for ways to, as Roberts puts it, “Keep the damned coal in the ground.” Blocking U.S. export terminals in the Pacific Northwest is one such strategy. Of course, coal-mining firms like Arch and Alpha, now struggling to keep their stock prices aloft, aren’t likely to sit idly by while this happens.

And in a somewhat related story:

Two environmental groups filed suit yesterday against the U.S. government to halt four coal leases in Wyoming’s Powder River Basin.

The Sierra Club and WildEarth Guardians filed suit in federal court in Washington, D.C., over the four leases, which together hold nearly 2 billion tons of coal, citing the environmental damage caused from burning the coal.

“Our clean water, the air we breathe, the safety of our communities; they all depend on reversing the impacts of global warming and restoring a safe climate,” said Jeremy Nichols, WildEarth Guardians’ Climate and Energy Program Director, in a news release. “In spite of this, the Interior Department is signing off on more coal and more greenhouse gases than ever before. This has to stop.”

The four leases include the South Hilight, North Hilight, South Porcupine and North Porcupine coal leases. The leases, which were offered for sale last year by the Interior Department’s Bureau of Land Management, expand Arch Coal Inc.’s Black Thunder mine and Peabody Energy Corp.’s North Antelope Rochelle mine.

The two environmental groups claim the BLM violated federal law by not considering the air pollution emissions and climate change caused by the coal, most of which is burned in coal-fired power plants in the Midwest and Texas.

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Coal ash update: What in the world are Sen. Rockfeller and Rep. McKinley arguing about?

May 3, 2012 by Ken Ward Jr.

This file handout photo provided by the Tennessee Valley Authority shows the massive ash spill at the Kingston Fossil Plant in Kingston, Tenn., on Dec. 23, 2008, the day following the spill.  (AP Photo/TVA, File)

Folks over at the Daily Mail continue their somewhat unusual fascination with the topic of coal ash. Following last week’s front-page article, Ry Rivard  had a story yesterday that gave  GOP Rep. David McKinley the chance to say still more about his pet issue — trying to prevent federal regulation of toxic coal ash. As Ry Reported:

Rep. David McKinley on Tuesday stepped up his disagreement with Sen. Jay Rockefeller and said the senator “just doesn’t get” the importance of preventing federal regulators from labeling coal ash as hazardous waste.

McKinley, R-W.Va., said Rockefeller, D-W.Va., is taking a position that could drive up the price of concrete and reduce the number of roads and bridges built in America.

McKinley wants to partially tie the hands of the Environmental Protection Agency to regulate coal ash. The House has passed a bill to do that and also set minimum standards for handling the ash.

Ry followed up today with another story, based largely on Sen. Rockefeller’s press statement saying, basically, that he loves coal ash just as much as Rep. McKinley does:

I want to clear up Congressman McKinley’s misleading comments about my position on coal ash. I do not and have never supported federal efforts to label coal ash as a hazardous waste, and he knows it. Reuse and recycling of coal ash is absolutely in the best interests of West Virginia and the country. We just need to make sure that concerns about health and the environment are addressed, too.

My colleague Paul Nyden produced a similar story, about the back-and-forth press statements from Sen. Rockefeller and Rep. McKinley for today’s Gazette.

The problem with all of this is that there really isn’t much indication that Sen. Rockefeller and Rep. McKinley actually disagree on the fundamentals of the coal-ash issue, and the coverage has probably led to some serious public confusion about what’s going on here.  So let’s review and see if we can clear things up.

OK. First things first. About this “partially tie the hands” of EPA business from Ry’s story.

Much of the debate over coal-ash regulation has for some time hovered around the question of whether EPA should regulate the stuff as a “hazardous waste”.  What that’s really about is whether this stuff should be managed under one or another section of the federal Resource Conservation and Recovery Act.

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Alpha reports $29 million loss in first quarter of 2012

May 3, 2012 by Ken Ward Jr.

Here’s the latest, just out this morning from Alpha Natural Resources:

Alpha Natural Resources, Inc., a leading U.S. coal producer, reported a first quarter net loss of $29.1 million or $0.13 per diluted share compared to net income of $49.8 million or $0.41 per diluted share last year. Excluding amortization of acquired intangibles, changes in fair value and settlement of derivative instruments, merger-related expenses, UBB expenses, severance charges arising from the production adjustments announced February 3, a weather-related property damage loss, and related tax impacts of these items, the first quarter 2012 adjusted net loss was $58.2 million or $0.27 per diluted share, compared to net income of $78.9 million or $0.65 per diluted share last year.

Earnings before interest, taxes, depreciation, depletion and amortization, or EBITDA, for the first quarter 2012 was $222.1 million, compared to $193.0 million in the year ago period. Excluding the change in fair value and settlement of derivative instruments, merger-related expenses, UBB expenses, severance charges arising from the production adjustments announced February 3, and a weather-related property damage loss, first quarter 2012 adjusted EBITDA was $210.5 million.

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