Archive for the ‘Strip mine science’ Category

Judge Chambers blocks health studies from case

Wednesday, January 25, 2012

In a much-followed motion on a major permit challenge, U.S. District Judge Robert C. Chambers has refused to allow citizen groups to argue that the federal Army Corps of Engineers wrongly failed to consider the growing scientific evidence that links living near mountaintop removal mining operations to increases risks of serious health problems, such as birth defects and cancer.

Judge Chambers issued his ruling on Monday, and I’ve posted a copy of his six-page opinion and order here. Readers may recall that Alpha Natural Resources was fighting an effort by the Ohio Valley Environmental Coalition and other groups to present testimony about the long list of West Virginia University studies that have raised serious questions about mountaintop removal’s public health impacts. OVEC and the other groups are challenging a Clean Water Act permit the Corps issued for Alpha’s proposed Reylas Surface Mine in Logan County.

The judge cited the provisions of one of the Federal Rules of Civil Procedure, and a U.S. Supreme Court case that says that lawsuits like this one should generally be allowed to be amended or supplemented unless the proposed amendment would be “futile.” He also cited case law that describes how the National Environmental Policy Act purports to apply to these situations (see here, and here, for example).

Judge Chambers made two central points in this short decision.

First, he ruled that the Corps had already issued the permit, so that any federal action requiring NEPA review was over and done with — despite the fact that the actual, on-the-ground mining work that the plaintiffs are concerned about hasn’t started yet. Commenting on what citizen groups were trying to do, the judge wrote:

… The Corps’ duty to supplement [its analysis of the proposed permit] would continue so long as environmental impact remains to be realized from the permit decision. This position simply cannot be correct in a world where the impacts of permitting decisions are potentially permanent … Once the proposed action [which the judge defines as permit issuance -- not mining activity] is completed, an agency’s duty to supplement terminates.

Second, the judge concluded that even if he allowed the citizen group lawyers to get the health studies into the case, they would still not be able to prove that the Corps’ failure to consider them in the permit review was arbitrary and capricious, the legal standard for overturning a Clean Water Act permit issuance. According to Judge Chambers:

Where, as here, the new claim is based on studies first published after the agency has met its initial NEPA obligation, the inquiry ‘must be framed in terms of information available during a specific time period, with recognition of the fact that an agency cannot have acted arbitrarily unless it has had a reasonable time to consider the alleged new information.

More specifically, Judge Chambers argued:

Having been presented with the newly published Hendryx studies for the first time in this lawsuit, the Corps has not had a reasonable opportunity [to] consider them, let alone to take action that could be found to be arbitrary and capricious.

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Nobody wants to hear about studies that link mountaintop removal to cancer and birth defects

Tuesday, January 10, 2012

Is it really all that surprising that, as we reported in the Gazette this morning, Alpha Natural Resources is trying hard to keep any discussion of West Virginia University’s studies linking mountaintop removal to human health problems out of a pending lawsuit over one of the company’s Clean Water Act permits?

I mean, come on … nobody else — except the people who live near mountaintop removal operations — wants these studies to be part of a public conversation about the future of the Appalachian coal industry.  Sen. Jay Rockefeller won’t hold a Science Committee hearing on the subject. Sen. Joe Manchin doesn’t have time to talk common sense about what these studies show. Gov. Earl Ray Tomblin doesn’t want anything to do with the topic.   Rep. Nick Rahall, while he did agree to an interview on the subject, can’t figure out what agency of the government should examine the issue.

And the only time you see much in most of the state’s media outlets on this topic, it’s to allow coal industry officials to spread half-truths and misinformation about the findings of WVU’s Michael Hendryx and his colleagues.

So maybe it’s not that big a deal that Alpha doesn’t want these health studies considered in the context of a challenge to its Highland Reylas permit … the really interesting thing now will be to see if U.S. District Judge Robert C. Chambers — who has presided over a bunch of significant mountaintop removal cases, and shown a willingness to listen to the science from both sides in those matters — will allow these issues to be heard in his courtroom.

New study confirms long-term water quality damage from mountaintop removal coal mining

Monday, December 12, 2011

Photo of Hobet 21 mountaintop removal mining complex, by Vivian Stockman, Ohio Valley Environmental Coalition

A major new study out today in one of the most respected scientific journals around confirms the pervasive and irreversible impacts of mountaintop removal coal mining here in Appalachia. The study is called Cumulative impacts of mountaintop mining on an Appalachian watershed, and it appears online today in the Early Edition of the Proceedings of the National Academy of Sciences.

The conclusion by Duke University researcher Ty Lindberg and colleagues, including Emily Bernhardt:

Our results demonstrate the cumulative impact of multiple mines within a single catchment and provide evidence that mines reclaimed nearly two decades ago continue to contribute significantly to water quality degradation within this watershed.

As explained in a Duke news release:

To assess the cumulative impact of the more than 100 permitted discharge outlets draining approximately 28 square kilometers of active and reclaimed mountaintop coal mines in the Upper Mud watershed, the Duke researchers collected 152 sets of samples from 23 sites – including two sites upstream of any active or reclaimed surface mines – between May and December 2010. They sampled for electrical conductivity, a measure of salinity and for concentrations of major ions and trace elements derived from coal or its matrix rock.

The Upper Mud flows through sparsely populated sections of Boone and Lincoln counties in southern West Virginia as a headwater stream until reaching its impoundment in the Mud River reservoir 25 kilometers downstream. For about 10 kilometers, the river passes through the Hobet 21 surface mining complex, which has been active since the 1970s and is among the largest in the Appalachian coalfields region.

Here’s a figure they used in the paper:

Map of study area depicting Upper Mud River and associated tributaries with aerial photo on right. Sampling sites consisted of 15 mainstem (circles)
and eight named tributary locations (triangles). Sites 1 and 2 were located upstream of current and historic MTM activity. The remaining sites were chosen so as to bracket each confluence of the Upper Mud River and an MTM-affected tributary. Marker color denotes median conductivity level in mainstem during survey (green <300, orange 301 to 500, red 501 to 1,000, and dark red >1;000 μS cm−1). Brown shaded areas reflect surface mining with darker area representing reclaimed mines. Aerial photo on right shows location of 105 active surface-mining-related outlets within the watershed that are regulated through eight NPDES permits. Inset of US mid-Atlantic states shows Appalachian coalfield region as gray shaded area with relative location of study site in red (not to scale).
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Their findings:

All conductivity measurements taken downstream of mine discharge outlets exceeded levels known to be harmful to aquatic life, said Richard Di Giulio, professor of environmental toxicology. At the two sampling sites upstream of any mines, conductivity levels were within an acceptable range. Concentrations of selenium, a known fish toxin, followed a similar trend, Di Giulio said. The researchers also observed deformities typical of selenium exposure in fish collected from downstream waters.

Co-author Avner Vengosh, professor of geochemistry and water quality, said:

As eight separate mining-impacted tributaries flowed into the Upper Mud, conductivity and concentrations of selenium, sulfate, magnesium and other inorganic solutes increased proportionately. Nearly 90 percent of the variation in trace elements and salinity could be explained by the amount of upstream surface mining.

According to the news release:

The Duke team selected the Upper Mud watershed for their field survey because water-quality impacts from other potential sources are largely absent. Historically, surface rather than underground mining has been the dominant form of coal extraction in the Upper Mud’s river basin, and there are very few people now living within the Hobet mine’s permitted boundary. This helped to minimize other factors that might account for changes in water quality.

Emily Bernhardt, associate professor of biogeochemistry, said:

This is a remarkably clean dataset and that’s why it’s so powerful. We see these incredibly strong patterns, which previously have not been well established.

Past studies have shown that individual mines profoundly impact stream water quality, biological community structure and ecosystem function immediately downstream of valley fills, but empirical data on the cumulative impacts of multiple mining operations on larger downstream rivers has been lacking, she said, adding:

Individual permitting decisions are typically made without consideration of the extent of historic mining impacts already occurring within a watershed. Our survey helps fill that gap.

Why won’t Sen. Rockefeller hold a hearing on the science of mountaintop removal’s health impacts?

Friday, October 21, 2011

The Gazette’s Dr. Paul Nyden did a piece the other day about a hearing that was being held by the Senate Committee on Commerce, Science and Transportation about growing concerns regarding concussions being suffered by young athletes, and about the safety of the equipment those kids use. Paul explained:

Sen. Jay Rockefeller, W.Va., held a hearing Wednesday about the growing number of brain concussions suffered by athletes, particularly in high school, and the questionable marketing of “anti-concussion” or “concussion-reducing” sports equipment.

Rockefeller, chairman of the Senate Committee on Commerce, Science and Transportation, said, “Every afternoon at the end of the school day, millions of our children head to playing fields, gymnasiums or hockey rinks to participate in team sports.

Now, this is clearly and important issue, and West Virginians can be proud that our now-senior senator is taking a role in trying to dig into and deal with the issue.  But frankly, it reminded me of the fact that my good friend Sen. Rockefeller doesn’t want to talk about the growing body of peer-reviewed studies about a potential link between mountaintop removal and increased rates of cancer, birth defects and other illnesses among his constituents who live near these giant mining operations. You remember the studies, like the one that found:

The odds for reporting cancer were twice as high in the mountaintop mining environment compared to the non-mining environment in ways not explained by age, sex, smoking, occupational exposure, or family cancer history.

There are 1.2 million people who live in mountaintop coal mining counties in central Appalachia based on 2010 US Census data. If the rates found in this study represent the region, a 5% higher cancer rate (14.4% vs. 9.4%) translates to an additional 60,000 people with cancer in central Appalachian mountaintop mining counties.

Remember that not so long ago I asked to interview Sen. Rockefeller about the West Virginia University studies on this issue, and was told by his staff:

I doubt we can make it happen, Ken. Another time.

Well, how about another time?

You see, the committee that Sen. Rockefeller chairs, while perhaps not having direct oversight over EPA or OSMRE or other mining regulatory agencies, does indeed have broad jurisdiction over “science, engineering, and technology research and development and policy.”

Wouldn’t it be a public service for Sen. Rockefeller to have WVU’s Dr. Michael Hendryx and other experts – perhaps including the University of Maryland’s Dr. Margaret Palmer — come and testify about their work looking into the science of mountaintop removal impacts? Officials from EPA and OSMRE could come, too. And folks from the coal-mining industry could provide a witness who could explain exactly what the industry thinks is wrong with the data or methodology of these studies.

WVU tries to distance itself from faculty research

Friday, October 7, 2011

WVU President James Clements

Just got this fascinating email message from my good friend John Bolt, a former Associated Press newsman now working as director of public relations for West Virginia University:

Dear Ken:

I wanted to share with you a statement we recently developed about research of all kinds conducted at West Virginia University.

The statement, which was not developed in reaction to any particular research being conducted on campus, is an effort to explain the role of research at an institution such as WVU and clarify that the institution itself takes no position on the findings – except in the sense of supporting a researcher’s right to do research and reach supportable conclusions.

The findings of any particular research project do not reflect, nor should they, any particular opinion or position of the University itself.

Here’s the statement:

Faculty members at West Virginia University have an obligation and responsibility to conduct research. It is part of WVU’s mission as a land-grant university to gather and analyze data and then contribute this analysis to inform the discussion and understanding around various issues affecting the lives of West Virginians and others around the world. WVU’s research strives to be data-driven, objective and independent. It is not influenced by any political agenda, business priority, funding source or even popular opinion. WVU faculty follow accepted academic practices, and those research findings are subject to intense review and challenge by academic peers – including review of data sources, methods and analysis. This doesn’t mean everyone agrees with the findings, but assures the process followed to reach those findings is valid and unbiased. Accordingly, WVU stands behind its researchers’ quest for knowledge as they help society address the issues which confront it.

Accordingly we’re asking those who write about our faculty’s research to refrain from describing those as a “WVU study” or using other phrasing that would imply or could be interpreted as the institution taking a position on any particular issue. Other phrasing might be “a study conducted at WVU,” or “a study by WVU faculty member …”

Thanks for considering this approach.

Sincerely,

John

Daily Mail ignores WVU coal health studies, then publishes mining industry’s attack commentary

Wednesday, August 17, 2011

Over the last five years, Michael Hendryx and other researchers at West Virginia University, in conjunction with scientists at Washington State University and elsewhere,  have published 18 studies in peer-reviewed science journals about the potential public health impacts of mountaintop removal coal mining.

The studies have been widely debated among folks who follow coal industry issues. They’ve been cited at least twice in Congressional testimony by the U.S. Environmental Protection Agency. They’ve been covered most recently by CNN in a nationally televised, hour-long documentary.

But if you read the Charleston Daily Mail, you might not know a darned thing about this research. Daily Mail reporters and editors don’t think it’s news.

That alone would be hard enough to imagine — and impossible really for the Daily Mail to defend. How in the world is it not news when scientists at the state’s land-grant institution publish not one, not two — but 18 — papers that raise serious questions about public health dangers related to activities of one of the state’s major industries?

But not content to simply ignore the news value of this research, the Daily Mail on Monday published an 840-word, scurrilous attack on Dr. Hendryx, his fellow researchers and their work (and perhaps, by extension, anyone who has cited this work and said it looks kind of important).

In not-so-subtle terms, coal industry publicist T.L. Headley makes some serious allegations. He carefully avoids accusing Dr. Hendryx by name of any wrongdoing, but the implication is clear:

The claims by some in the “science for hire” community that coal mining causes the myriad health problems faced by many West Virginians is a classic example of prostitution of science in the service of a political agenda.

Science for hire? Prostitution of science?

I checked with Dr. Hendryx — he’s probably getting tired of being asked this question — and he told me he’s received no funding from anti-mountaintop removal groups or any environmental groups. His work is being done as part of his job at the university. (Crazy notion, huh? A public health researcher at the state’s land-grand university researching the public health impacts of a major industrial activity in the state.)

Does the Daily Mail have some evidence that Dr. Hendryx has taken money from anti-coal groups and then tried to cover up that funding? If so, why don’t they publish that evidence, rather than allowing this sort of attack?

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Sens. Rockefeller, Manchin won’t talk about mountaintop removal’s impacts on public health

Thursday, July 28, 2011

Well, at least Rep. Nick Rahall was willing to take questions about the growing pile of studies that raise serious questions about mountaintop removal coal mining’s impacts on the health of coalfield residents (See here and here).

Because gosh, Sens. Jay Rockefeller and Joe Manchin, both D-W.Va., are just too darned busy to be bothered with the topic.

On Friday, I asked publicists for both senators if I could get a few minutes on the phone anytime this week with their bosses for interviews about the studies, especially the recent one that found higher risk of birth defects among folks living near mountaintop removal operations.

Vincent Morris, a spokesman for Sen. Rockefeller, told me:

I doubt we can make it happen,  Ken. Another time.

Emily Bittner, Sen. Manchin’s spokeswoman, said:

Hey, Ken – sorry, but I don’t think there’s time in the schedule. Will let you know if that changes.

While the senators were busy with other things — and keeping their distance from mountaintop removal’s possible impacts on public health — Michael Hendryx from West Virginia University had published another study. This one found that folks living near the mountaintop removal operations along the Coal River Valley suffer from higher cancer rates than folks who don’t live near large-scale surface mining … 

New study finds higher cancer rates near mountaintop removal sites along Coal River Valley

Wednesday, July 27, 2011

Coal River Mountain as seen from nearby Kayford Mountain. Photo courtesy of Coal River Mountain Watch.

There’s another new study out from West Virginia University’s Michael Hendryx, this one reporting, based on a community survey in the Coal River area of Boone and Raleigh counties:

Self-reported cancer rates were significantly higher in the mining versus non-mining areas after control for respondent age, sex, smoking, occupational history and family history.

Mountaintop mining is linked to increased community cancer risk. Efforts to reduce cancer and other health disparities in Appalachia must focus on mountaintop mining portions of the region.

The study, “Self-Reported Cancer Rates in Two Rural Areas of West Virginia with and without Mountaintop Coal Mining,” (subscription required)  was published online in the Journal of Community Health.

Hendryx co-authored the paper with Leah Wolfe and Juhua Luo of the WVU Department of Community Medicine. Also listed as a co-author is Bo Webb, a Coal River resident and activist who has long been concerned about the health impacts of mountaintop removal.

The new study is based on 773 interviews with local residents, in a community survey that the researchers designed, in part to try to investigate the health concerns that Bo and other residents have been raising for years. As the paper explains:

Local residents in mountaintop mining areas of West Virginia identified the problem based on their personal experiences and the experiences of their neighbors. They witnessed, for example, the explosions at the mining sites and the dust that subsequently settled over their porches, windows and gardens. They collected bottles of well water from their kitchen taps that were black with impurities from coal treatment settling ponds. Concerns about the health impacts from these conditions led them to contact a university researcher for assistance. The researcher and community members worked together to identify the study focus, develop the approach, plan the logistics, recruit interviewers for a door–door survey, conduct the survey, collect and analyze the data, and report the results. Throughout the process, the importance of maintaining objectivity and using the best possible survey instruments and methods was emphasized by all parties.

The actual interviews were done in March and were conducted by undergraduate students from several local colleges and universities who volunteered to conduct the work as a service project during their spring break week. Interviews were conducted along the Coal River Valley in an area roughly stretching from the Seth-Prenter communities down to Rock Creek. Separate interviews were conducted in Pocahontas County, which was used as a comparison community.

The interviews revealed a cancer rate in the Coal River communities of 14 percent, compared to a rate of 9 percent in Pocahontas County. Researchers controlled for various other potential factors, including age, sex, smoking, occupational exposure and family cancer history (but not for obesity) — and found “Coal River subjects reported significantly higher odds of cancer”:

The odds for reporting cancer were twice as high in the mountaintop mining environment compared to the non-mining environment in ways not explained by age, sex, smoking, occupational exposure, or family cancer history.

While this study does not include data for exposure to any mining pollution, it does outline possible impacts:

Environmental pollution contributes to cancer risk, and many chemicals that are present in coal, coal strata and coal processing activities are established or possible carcinogens.

Arsenic, for example, is an impurity present in coal that is implicated in many forms of cancer including that of skin, bladder and kidney. Cadmium is linked to renal cancer. Diesel engines are widely used at mining sites, and diesel fuel is used for surface mining explosives, coal transportation and coal processing; diesel exhaust has been identified as a major environmental contributor to cancer risk.

The paper continues:

Previous research on Appalachian health disparities has tended to focus on health care access problems, or behavioral risks such as poor diet and smoking, as the causal factors driving poor health outcomes. A recent study in Virginia, for example, identified higher cancer rates among Appalachian compared to non-Appalachian residents, and discussed the need for better health care in Appalachia. However, Appalachian Virginia also has mountaintop coal mining, and the environmental, social and economic impacts of coal mining are often overlooked in Appalachian health research. Mountaintop coal mining is damaging to the environment, and contributes to the area’s chronic economic problems; these areas have the highest poverty rates and highest unemployment rates in the region. Poor economic conditions are one of the most powerful predictors of poor public health outcomes.

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Mountaintop removal and birth defects: What is Rep. Nick J. Rahall going to do about this?

Wednesday, July 20, 2011

Well, I had a bite of sandwich in my mouth when he called, and our discussion was interrupted once so he could go and vote, but I finally got the chance to interview Rep. Nick J. Rahall yesterday about the troubling new study that found his constituents who live near mountaintop removal coal mining operations face greater risks of birth defects.

We published a print story based on that roughly 25-minute interview this morning, but I wanted to provide some additional information about it here on Coal Tattoo.

First of all, one thing that my good friend congressman Rahall was clear about: He’s outraged by the suggestion from the coal industry’s law firm that perhaps any increased rate of birth defects in the Appalachian coalfields might be cause by inbreeding. Rahall told me:

That’s disgusting, and whoever said that needs to apologize to the people of West Virginia. That’s just uncalled for.

But from what he told me, Rep. Rahall hasn’t bothered to call or write the folks at Crowell & Moring who made that suggestion. And his outrage appears to come only after some local officials in his district started complaining about what the coal industry’s lawyers were saying.

The bigger questions, though, are about what this study found — and what, if anything — anybody in government is going to do about it.

I asked Rep. Rahall generally what his reaction was to the study, and here’s what he said:

I’ve met with constituents on this particular study as late as last Wednesday or Thursday, as late as last week in my office here in Washington. We discussed this particular report. And certainly, any information that is proven that shows a high incidence of illness or birth defects is of serious concern. And it ought to be given serious study.

But how much time has Rep. Rahall put into reading the study and understanding its implications?

I’ve just been briefed on what it says. I’ve not seen the full study. I’m not sure we have it. But we can get it of course, that’s no problem. But no, I have not read it, but I have been briefed on it. [Rep. Rahall's office later confirmed that staffers there do have the study]

I asked basically the same question again — what does Rep. Rahall think about the findings, and what should be done about them? He told me:

The study does call for additional investigation, and I do agree that that is a wise course, and none of these issues should be taken lightly.

They are serious concerns and as any cursory examination of my record will show, as all of us in public life and all of us period our priority is providing a better future for our children in West Virginia, their health, their safety, their education, their overall well being is our top priority.

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Strip mining and birth defects, by the numbers

Tuesday, July 19, 2011

There’s was a great piece from Sue Sturgis at Facing South that I missed last week when I was doing our Coal Tattoo Friday Roundup … so I wanted to mention it here.

In INSTITUTE INDEX: Appalachia’s deepening human rights crisis, Sue outlines some of the numbers about the new study exposing the link between mountaintop removal coal mining and higher rates of birth defects in the Appalachian coalfields:

Of every 100,000 babies born, number who suffer from birth defects in areas of Appalachia where coal is mined by mountaintop removal, in which ammonium nitrate fuel oil explosives are used to expose coal seams: 235

In non-mining areas: 144

Percent higher risk of having a baby with a birth defect for mothers who smoked during pregnancy compared to non-smoking mothers: 17

Percent higher risk of having a baby with a birth defect for mothers living in mountaintop removal areas compared to mothers living in non-mining areas: 42

Percent that a mother’s smoking increases the risk that her baby will be born with defects of the circulatory or respiratory system: 17

Percent that a mother’s living in a mountaintop removal mining area increases the risk of such defects: 181

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Coal industry calls in controversial ‘hired gun’ to take on mountaintop removal-birth defects study

Wednesday, July 13, 2011

Not content to let its lawyers comments about Appalachian inbreeding just fade away quietly, the National Mining Association this morning launched another attack on West Virginia University researcher Michael Hendryx and his colleagues for their recent study linking mountaintop removal to increased rates of birth defects in the coalfields.

It seems that the NMA (or perhaps its law firm) hired a firm called Exponent to produce this eight-page critique of the birth defects paper, and in a news release this morning, the lobby group’s vice president, Bruce Watzman, said:

A recent critique of the analysis completed by Dr. Michael Hendryx, as well as data from the state of West Virginia’s Birth Defects Surveillance System, raises doubts about the conclusions reached by Dr. Hendryx and his colleagues.

Does it really raise doubts?

Well, many of the things outlined by Exponent were already discussed — in a fair amount of detail — in the birth defects paper itself, in the second called, “Limitations of the Study.”

For example, Exponent opines that Dr. Hendryx and his co-authors did not adequately take into account other potential influences on birth defect rates, such as smoking, alcohol consumption, and other socioeconomic factors.

But the paper did attempt to take these other factors into account, and discussed some of the weaknesses in the way the authors were able to do this. For example, the paper says:

Self-reported data … on behaviors such as smoking and drinking during pregnancy are likely to contain error … reporting regarding birth defects is incomplete on birth certificates and is dependent on how easily anomalies are detected after birth and before data are compiled for the birth defects registration.

Also, the Exponent critique makes the point that, without direct exposure data, it’s impossible to say for sure what’s going on regarding any mining exposure and birth defects.

But the study itself discusses such matters:

In this exploratory study, we do not have the data to examine biological mechanisms by which mountaintop mining pollution may lead to brith defects. Investigating these potential mechanisms remains an important future research step.

And, the authors also were pretty clear that they’re not sure their paper has all the answers:

Elevated birth defect rates are partly a function of socioeconomic disadvantage, but remain elevated after controlling for those risks. Both socioeconomic and environmental influences in mountaintop mining areas may be contributing factors.

UPDATED:  Michael Hendryx has provided this response to the Exponent critique of his study.

It’s also worth considering the source of this critique of the birth defects study … just exactly who is Exponent and should we believe what they’re telling us?

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Will the coal industry stop attacking science?

Wednesday, July 13, 2011

Regular readers of Coal Tattoo know that this week’s embarrassment in which coal company lawyers blamed increased birth defects in the coalfields of Appalachia on inbreeding wasn’t the first time the industry had to apologize for its attacks on the science being published by West Virginia University’s Michael Hendryx and his colleagues.

It wasn’t so long ago that the National Mining Association was apologizing for its social networking campaign’s tweeting that another of Dr. Hendryx’s papers was “bogus” and had been “debunked” by an industry consultant. An earlier effort to take on the Hendryx science, by then-International Coal Group general counsel Roger Nicholson, wasn’t really do much better.

But gosh, this week’s effort by lawyers Clifford J. Zatz, William L. Anderson, Kirsten L. Nathanson, and Monica M. Welt earned their law firm, Crowell & Morning the headline, “Worst Memo of the Year: Inbreeding Edition” from The Atlantic.

So you have to wonder what’s next in the coal industry’s strategy for trying to combat the very important and interesting work about mining’s potential impacts on public health in the coalfields. Thinking about that reminded me of this comment from Dr. Hendryx in response to one of the industry’s earlier attacks:

The only comment that I might make for the record is that this report was paid for by the mining industry, which has an obvious financial bias in the outcome of the report. I on the other hand, received no financial consideration from any environmental or advocacy group for the research studies cited in the NMA report. The NMA report has not been subject to peer review, unlike my studies. The NMA report is basically worthless. If they want to challenge the findings, there should be independent, peer-reviewed research not paid for by the industry showing that mining environments are healthy. The NMA report provides no such evidence.

New geographic study questions common notion that mountaintop removal provides lots of local jobs

Tuesday, July 12, 2011

 

I recently came across a fairly new study that uses geographically represented data to question the common notion that mountaintop removal coal-mining operations are good for the economies of the communities where they are located.

The study is called “Mountaintop removal and Job Creation: Exploring the Relationship Using Spatial Regression,” and it as published in the peer-reviewed Annals of the Association of American Geographers (subscription or membership required). It was written by Brad Woods of Penn State University and Jason Gordon of Mississippi State.

Basically, the authors took GIS data about strip-mine permit boundaries and compared it to population and economic data to see if being located near a larger mining operation made a community more likely to have large numbers of residents employed by the coal industry.

Their answer?

Contrary to pro-MTR arguments, we found no supporting evidence suggesting MTR contributed positively to nearby communities’ employment.

The study said:

Our research question was straightforward: Is there a relationship between the size of MTR mining and employment, which justifies the ‘coal means jobs’ mantra?

The results of the overall model suggested insufficient evidence to support a positive relationship between mine size (either MTR mining or underground mining) and percentage of the working population employed in coal mining. This finding casts doubt on the pervasive and dominant argument of MTR advocates.

The study outlined several caveats that are worth considering. First, the study looked at West Virginia — and an examination of other Appalachian states where mountaintop removal is practiced could produce different results. Second, the study looked only at direct employment by the mining industry, not other local occupations that service that industry.  In addition, the authors called for more research on various factors that affect coal industry employment in the region:

… Future research should examine other factors that might affect coal mining employment, such as the influence of shifting coal markets, which make coal from central Appalachia less attractive. As regulations associated with the extraction and burning of coal tighten, and West Virginia’s most accessible seams are exhausted, larger and easier to extract coal seams in Wyoming and abroad will likely displace Appalachian coal to meet energy demands. In turn, this will likely result in shifting employment patterns in the West Virginia mining sector.

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Mountaintop removal and birth defects: Just what are the coal industry’s lawyers talking about?

Monday, July 11, 2011

It’s no surprise that lawyers from the firm Crowell & Moring are attacking the latest study by Melissa Ahern and West Virginia University’s Michael Hendryx indicating that people who live near mountaintop removal operations face a greater risk of birth defects.

But the internet posting from four of the firm’s lawyers — Clifford J. Zatz, William L. Anderson, Kirsten L. Nathanson, and Monica M. Welt — was, well, here’s what it said:

The study failed to account for consanquinity [sic], one of the most prominent sources of birth defects.

UPDATED: Crowell and Moring appears to have deleted this post from their law firm website … luckily, I saved it and have reposted it here so everyone can see it.

UPDATE 2: Nicole Quigley, a spokeswoman for Crowell & Moring, has issued this comment in response to my questions about their webpost and its disappearance –

Our website alert is not intended to reflect views of the National Mining Association, but is an attempt to identify certain potential weaknesses of the study in question. Consanguinity is one of a number of commonly addressed issues in studies of this type, regardless of geography. Scientists address this consideration regularly because it can matter to scientific conclusions, and do so regardless of locale. We did not raise this issue with particular reference to any region, and we did not mean to imply any such thing. That said, we apologize for any offense taken, as none was intended. We can appreciate the view that our alert may not have provided enough context to explain the scientific points we aimed to address, and so have removed it from our site.

I first saw this on a Facebook posting from our friend Bob Kincaid of Coal River Mountain Watch.  Bob was not amused, alleging that Crowell & Moring (lawyers for the National Mining Association and various coal companies) had tried to blame the birth defects on “incest,” and writing in one comment:

Nice of the National Mining Association and their hired guns at Crowell-Moring to tell us how they REALLY feel about us!

I guess I really wanted to give the industry lawyers the benefit of the doubt. Perhaps they meant to simply suggest that having lots of people who are related — several generations, siblings, cousins — all living in nearby h0llows near mining operations was something that needed to be studied. After all, there is evidence that some birth defects can have genetic causes.

I looked up consanguinity (I was pretty sure that was the word they meant to use, not consanquinity) and found that it meant:

… The property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person. Consanguinity is an important legal concept in that the laws of many jurisdictions consider consanguinity as a factor in deciding whether two individuals may be married or whether a given person inherits property when a deceased person has not left a will.

So, I asked Michael Hendryx about this … here’s what he said:

Consanguinity refers to levels of shared ancestry. It is a reference to in-breeding, not necessarily incest, but still insulting.

Consanguinity it is not just the same families living in the same area unless related members of those families are interbreeding.

Maybe they are referring to third cousins or distant relatives that might intermarry, but   1) research on whether higher birth defects occurs for relatives more distant than first cousins is very sparse,  2) they’d have to argue that MTM areas had more of these interbreeding pockets than other rural areas, and  3) they still don’t account for the higher effects found in recent time and in proximity to higher mining. This is another one of these attempts to say what the effects “really” are as an excuse to deny the serious health problems in MTM areas that exist across many health outcome measures. The reasons are partly due to the poor socioeconomic conditions that mining creates (not that are correlated with mining, but that mining creates), and may be due to the environmental pollution caused by mining.

The whole thing reminded me of an important study (with a great title) by anthropologist Robert Tincher, “Night Comes to the Chromosomes: Inbreeding and Population Genetics in Southern Appalachia.” Based on 140 years’ worth of marriage records, the study concluded that “inbreeding levels in Appalachia … are neither unique nor particularly common to the region, when compared with those reported for populations elsewhere or at earlier periods in American history.”

I emailed all for of the lawyers listed as authors of the web posting, asking them to explain what they meant. I haven’t heard back from any of them yet today, but if I do, I’ll post what they have to say — or I invite them to comment directly on this blog.

I also asked Carol Raulston, spokeswoman for the National Mining Association, about all of this. She said her organization had no role in the law firm’s web posting, but that she didn’t think anyone was saying that inbreeding was the cause of the birth defects reported in the Hendryx paper.

By the way, here’s what Michael Hendryx had to say about the other criticisms of his latest paper:

The criticisms raised are to be expected. I disagree that we overstated our findings. I think we’ve been appropriately cautious in what we say about limitations of the study and conclusions. This paper can’t be considered in isolation but should be taken with the more than dozen other studies that continue to document serious health problems related to mining. Regarding the dose response critique specifically, we did measure earlier versus later effects and found stronger effects in the later period as effects of mining have accumulated. We also found spatial correlation effects indicating an effect as mining activity occurred in a greater number of surrounding counties. Both of these indicate greater effects with greater exposure — dose response.

Birth defects study: More inconvenient facts about the impact of mountaintop removal coal mining

Thursday, June 30, 2011

I was out of town last week when news broke of the latest major scientific study about the serious public health impacts of mountaintop removal coal mining. My buddy Dr. Paul Nyden covered it for the Gazette with this front-page story, reporting:

Researchers found “significantly higher” rates of birth defects in areas with mountaintop removal mines than in non-mining regions in central Appalachia, according to a study released Tuesday.

The study “offers one of the first indications that health problems are disproportionately concentrated specifically in [mountaintop removal] areas. It’s significant not only to people who live in coalfields but to policymakers as well,” said Michael Hendryx, an epidemiologist at West Virginia University.

Hendryx is one of the authors of the study, titled “The Association between Mountaintop Mining and Birth Defects among Live Births in Central Appalachia, 1996-2003.”

“This study extends previous research on low birth weight and on adult morbidity and mortality in coal mining areas,” Hendryx said.

Now, one thing we know for sure is that whenever the coal industry says regulators are getting in their way, Appalachian political leaders are falling all over themselves to issue news releases reacting. And whenever that happens, the local media throughout the coalfields do their duty: Repeating without question the industry line.

But as I’ve scanned the papers, the wires and the web, I am not seeing much coverage of this ground-breaking study … Aside from Nyden’s story, I saw pieces from John Cheves from the Herald-Leader and Erica Peterson from WFPL News.  I also saw stories from Jim Bruggers at the Courier-Journal and national coverage from Rolling Stone, USA Today and Mother Jones.

But in West Virginia, at least, I didn’t see much from the local media. And gosh, I haven’t seen once single public official issue a news release expressing the slightest bit of concern about whether their constituents (or future constituents) are facing a greater risk of birth defects because of mountaintop removal.

Does the study deserve far more attention, from the media and from policymakers?

Well, here’s what our friend Michael Hendryx said in a news release issued by WVU:

We found that birth defects were significantly higher in mountaintop mining areas versus non-mining areas for six of seven types of defects: circulatory/respiratory, central nervous system, musculoskeletal, gastrointestinal, urogenital and ‘other’.

Overall, the prevalence rate for any defect was significant in both periods but was higher in the more recent period. In the earlier period the rate of birth defects was 13 percent higher in mountaintop mining areas and increased to 42 percent higher in the later period.

Is a 42 percent higher rate of birth defects in mountaintop removal areas big news? Is it a major public policy issue?

Well, Allen Hershkowitz, a senior scientist with the Natural Resources Defense Council, thinks a major review of the public health impacts of mountaintop removal by the National Research Council would be warranted:

To date, the research generated by university researchers and other scientists has been effectively ignored by Congress and other legislative bodies. Thus, the tragedy of mountaintop removal mining remains legal. To help break through this willful ignorance by Congress, bought and paid for by the coal industry and its allies, the National Research Council needs to intervene. Already published and peer reviewed research underscores the urgency to do so. The nation’s preeminent scientific agency needs to be heard on this issue: the National Academy of Sciences and its National Research Council were not established to be ignored.

Certainly every agency with any jurisdiction whatsoever over mountaintop removal mining needs to acknowledge by their actions the published research about the effects of mountaintop removal mining, whether they involve ecological destruction or birth defects.

To help those agencies, and to help legislatures and citizens as well, the National Research Council needs to commission a study of mountaintop removal’s ecological and public health effects in Appalachia.

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Latest WVU study finds more health problems among residents near mountaintop removal mines

Tuesday, May 10, 2011

There’s a new study out from West Virginia University researchers that advances their previous work trying to understand the public health impacts of living near mountaintop removal mining operations (see here, here and here).

Emily Corio over at West Virginia Public Broadcasting reported on this first earlier today, and WVU’s Robert C. Byrd Health Science Center issued this press release on the study:

Research has shown an increase in health disparities as a result of coal mining in Appalachian communities. A new study conducted by the West Virginia University School of Medicine shows that the disparities are especially concentrated in mountaintop mining areas. Those areas have the greatest reductions in health-related quality of life even when compared with counties with other forms of coal mining.

The study itself, published in the current issue of the American Journal of Public Health, concludes:

Residents of mountaintop mining counties reported significantly more days of poor physical, mental, and activity limitation and poorer self-rated health compared with the other county groupings. Results were generally consistent in separate analyses by gender and age.

Mountaintop mining areas are associated with the greatest reductions in health-related quality of life even when compared with counties with other forms of coal mining.

Further:

These disparities partly reflect the chronic socioeconomic weaknesses inherent in coal-dependent economies and highlight the need for efforts at economic diversification in these areas. However, significant disparities persist after control for these risks and suggest that the environmental impacts of MTM may also play a role in the health problems of the area’s population.

Authors of the study were Keith J. Zullig and, yes, our friend Michael Hendryx, both of the medical school’s Department of Community Medicine.

Using a Centers for Disease Control and Prevention four-question survey, researchers talked to residents in West Virginia, Kentucky, Tennessee, and Virginia about their physical and metal health.

Researchers used data from the Centers for Disease Control and Prevention’s the Behavioral Risk Factor Surveillance System, the world’s largest telephone health survey systemResidents were divided into groups who lived near mountaintop removal mining, those who lived near other coal mining and those who didn’t live near any mining.

Zullig explained:

Self-rated health and health-related quality of life were significantly reduced among residents of mountaintop mining communities in the unadjusted and adjusted models.

Mountaintop mining county residents experience, on average, 18 more unhealthy days per year than do the other populations. That’s approximately 1,404 days, or almost four years, of an average American lifetime. When mountaintop mining and other coal mining counties were not separated in a previous study, there were 462 reduced health-related quality of life days across an average American life.

Hendryx said that  this study also looked at the health effects on both men and women.  A common belief is that if coal mining causes health problems, those problems are mostly occupational related problems experienced by coal miners themselves, he said.

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Review supports EPA science about damaging impacts of mountaintop removal coal mining

Thursday, September 30, 2010

This just in from the U.S. Environmental Protection Agency:

On September 28, the U.S. Environmental Protection Agency’s (EPA) independent Science Advisory Board (SAB) released their first draft review of EPA’s research into the water quality impacts of valley fills associated with mountaintop mining. In their draft review, the SAB supports EPA’s scientific research and agrees with EPA’s conclusion that valley fills are associated with increased levels of conductivity (a measure of water pollution for mining practices) in downstream waters, and that these increased levels of conductivity threaten stream life in surface waters.

“This independent review affirms that EPA is relying on sound analysis and letting science and only science guide our actions to protect human health and the environment,” said EPA’s Assistant Administrator for Water Pete Silva. “We will continue to follow the science and solicit input from all stakeholders as we safeguard water quality and protect the American people.”

The SAB reviewed EPA’s draft report “A Field-Based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams,” which uses field data to derive an aquatic life benchmark for conductivity. The benchmark is intended to protect 95 percent of aquatic species in streams in the Appalachian region influenced by mountaintop mining and valley fills. Based on that science, EPA released guidance in April designed to minimize irreversible water quality impacts caused by mountaintop mining.

Following the completion of the external peer review and review of public comments, the report will be revised and published as a final report.

A growing body of scientific literature, including previous and new studies performed by EPA, show significant damage to local streams that are polluted with the mining runoff from mountaintop removal. To protect water quality, EPA has identified a range of conductivity (a measure of the level of salt in the water) of 300 to 500 microSiemens per centimeter that is generally consistent with protecting life in Appalachian streams. The maximum benchmark conductivity of 500 microSiemens per centimeter is a measure of salinity that is roughly five times above normal levels.

The draft Science Advisory Board report is available here.

Coal industry tries to take on WVU researcher, but National Mining Association stumbles and pulls Internet attacks on Hendryx health studies

Friday, May 21, 2010

Yesterday afternoon, just as I was settling in to watch the Senate hearing on coal-mine safety, a fascinating “tweet” from the National Mining Association’s Mining Fan (that’s their logo above) popped onto my computer screen:

Yale professor debunks bogus studies on the health effects of Appalachian surface mining.

Wow … sounds like something worth checking out right away … apparently, I thought, a professor at a respected university has “debunked” the work of West Virginia University’s Michael Hendryx and concluded the Hendryx studies were “bogus.”

Well, it turns out, not so much — the statement, which was repeated on a National Mining Association Facebook page — was so out of line that NMA officials have pulled it from the Internet, taken back, if you will.

So what are we talking about? Well, Coal Tattoo readers certainly recall the work of WVU’s Hendryx, who has published a series of peer-reviewed studies that pointed to increased illnesses and premature deaths among Appalachian residents living near coal-mining operations and questioned whether the costs of those health impacts are greater than the industry’s economic benefits to the region.

As you can imagine, the coal industry was none too pleased about these studies. My buddy Roger Nicholson at International Coal Group wrote an op-ed piece attempting to debunk Hendryx. The National Mining Association went a step further, hiring Yale’s Jonathan Borak to take a closer look at the Hendryx studies.

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MTR update: EPA study confirms mining damage

Monday, April 5, 2010

mtntop12

Gazette photo by Chris Dorst

If anyone missed it over the holiday weekend,we ran a Sunday story that outlined the findings of a new U.S. EPA report that confirms previous scientific conclusions about the environmental damage from mountaintop removal coal mining.

The story, EPA study confirms damage from strip mining, reported that government scientists say a “growing body of evidence” shows that mountaintop removal coal mining is destroying Appalachian forests and dangerously polluting vital headwater streams.

It’s based on the EPA report, The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields, which was released last week when EPA proposed new guidelines to try to reduce water pollution from large-scale strip mining in Appalachia.

Important new study details mountaintop removal coal mining’s huge carbon footprint

Wednesday, March 17, 2010

I just got done reading a fascinating new paper published in the peer-reviewed journal Environmental Science and Technology.

It’s a real eye-opener about the relationship between mountaintop removal coal mining and global warming. The paper, Terrestrial Carbon Disturbances from Mountaintop Mining Increases Lifecycle Emissions for Clean Coal, is available online here. A subscription is required to read the whole thing, but you can see the abstract (a summary) for free.

Written by James F. Fox of the University of Kentucky and J. Elliott Campbell of the University of California, Merced, the paper leaves no doubt that, even if CCS works and is widely deployed, questions will remain about the climate change impacts of mountaintop removal.

How so? Well, Fox and Campbell attempted to quantify the carbon dioxide released by the huge land disturbance involved in blowing up a mountaintop to get at the coal underneath. They concluded:

Contrary to conventional wisdom, the life-cycle emissions of coal production for MCM [Mountaintop Coal Mining] methods were found to be quite significant when considering the potential terrestrial source.

In fact, this paper reports that mountaintop removal’s life-cycle carbon dioxide emissions are 17 percent greater if you include carbon dioxide from sources other than the actual burning of the coal — emissions from cutting down and burning forests, potential release of carbon previously locked up in the soils of the mountains, and from mining and transportation equipment.

That’s the potential high-end of those emissions if you assume coal is burned in a conventional power plant.

If the industry switches to CCS-equipped plants that capture most of the emissions from coal-burning, then these other carbon dioxide sources would actually account for nearly twice the emissions of coal burning.

As the paper explains:

Notwithstanding the importance of CCS efforts to improve the imprint of coal burning on the environment, the life-cycle emissions also should be further investigated and quantified to determine their significance under coal production scenarios.

In both cases, the current combustion practices and future CCS goals, the terrestrial carbon storage impacted by the disturbance of MCM is shown to be significant. It is argued here that the terrestrial carbon impact be included in the ongoing discussion of coal mining life-cycle emissions and be considered when discussing energy production and environmental sustainability.

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