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Center in the Media
News Archive
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News Archive
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2009 -2010
2008
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Appalachian Center in the Media Archive: 2008

National and Regional Articles:  (click here for State Articles)

  • Mining-Rule Change Creates Tremors In W. Virginia   Weekend Edition Saturday.  Earlier this week, the Environmental Protection Agency approved a last-minute rule change, long sought by the coal industry, to allow mining within 100 feet of rivers and streams. WVNPR, December 6, 2008

  • Activists slam EPA decision on mining rule change  MORGANTOWN, W.Va. (AP) -- Angry environmentalists launched an online campaign Wednesday urging President-elect Barack Obama to undo a federal rule that clarifies when coal companies can dump mining waste in streams, calling it a long-awaited ''parting gift'' from the Bush administration. AP December 3, 2008.

  • Sierra Club Sues Coal Co. For Fouling Rivers New York -- Finding regulators slow to act, the Sierra Club and a West Virginia environmental group have taken Powellton Coal Co. LLC to court, alleging the mining company routinely dumps its waste into neighboring rivers rather than follow surface mining regulations. Law 360 Online, November 25, 2008.

  • Federal court hears appeal on W.Va. valley fills  RICHMOND, Va. -- A lawyer for the U.S. Army Corps of Engineers told a federal appeals court Tuesday that the agency met all the legal requirements for issuing permits to a coal company to fill valleys with rubble from blasting the tops off of several West Virginia mountains, a mining practice called mountaintop removal. AP September 24, 2008.

  • Trouble in Coal Country  Trouble in Coal Country, Cutting off the tops of mountains is a cheap way to mine, but it’s changing the landscape and may be endangering lives. Washingtonian Magazine, September 15, 2008.

  • The Plenty 20: Joe Lovett - Lovett is a character straight out of a John Grisham novel: Ten years ago, he launched a successful legal career fighting environmental destruction in Big Coal country. Since cofounding the Appalachian Center for the Economy and the Environment in 2001, Lovett has led efforts to nationalize mountaintop-removal mining (for easier monitoring) and has advanced precedent-setting litigation, taking the government and coal industry to task. Plenty, Issue 24 http://www.plentymag.com/magazine/the_plenty_20_1.php?page=3

  • W.Va., Coal Mine Settle Suit Over Selenium  Hobet Mining LLC will pay $4 million to settle claims by the state of West Virginia that the company violated the Clean Water Act by discharging selenium and other pollutants into the state's water supply.  Portfolio Media, July 14, 2008

  • Stripping Mountains to Power D.C.; In W.Va., Mining Companies Shear Off Peaks And Transform Landscape in Search for Coal; MUD, W.Va. -- This is a place where "moving mountains" is no longer a figure of speech. Here, among the steep green Appalachians, mining companies are moving mountains off their pedestals to get the kind of coal that Washington needs. Washington Post, April 20, 2008.

  • No new whistleblower protection for WV miners  A group of state legislators in West Virginia introduced a bill earlier this year to strengthen the State's laws to protect mine workers who raise concerns about unsafe working conditions. Several weeks have now passed, and are any of us surprised to learn that the bill was killed in the WV legislative committee? The Pump Handle, March 11, 2008.

  • Coal mining ravages Appalachia mountains  CHARLESTON, WEST VIRGINIA–When you flick on the lights this evening, think of Kayford Mountain. Or what was Kayford Mountain, but now is a sprawling, muddy, trembling construction site 100 meters below Larry Gibson's home. Toronto Star, February 23, 2008.

  • Groups Petition MSHA to Bolster Miners’ Rights  A group of advocates for miners and their families sent a rulemaking petition to MSHA on February 1, asking the agency to improve its regulations governing the training that mine workers receive about their statutory rights.  Wordpress.com, February 5, 2008.

  • WV Lawmakers Push Whistleblower Protection for Mine Workers  A group of state legislators in West Virginia introduced a bill to strengthen the State’s laws to protect mine workers who raise concerns about unsafe working conditions. Wordpress.com, January 24, 2008.

  • Massey Energy settles suit with EPA on 4,500 violations of the Clean Water Act  Massey Energy has agreed to pay the largest fine ever by a coal company for polluting streams. In a consent decree issued last Thursday in the case the United States vs. Massey Energy, the company announced it would pay $20 million in fines for 4,500 violates of the Clean Water Protection Act related to mining operations in West Virginia and Kentucky over a 6 year period. Massey also agreed to set aside $10 million to prevent future problems at the company’s 44 mines and coal facilities Kentucky, West Virginia and Virginia. Community Correspondents Corps, January 21, 2008.

  • Coal Company Hit With E.P.A.’s Largest Civil Penalty  Coal Company Hit With E.P.A.’s Largest Civil Penalty; The nation’s fourth largest coal producer, Massey Energy Co., was hit Thursday with a $20 million fine, the largest civil penalty ever levied by the federal government for a violation of this type under the Clean Water Act. NY Times January 17, 2008.

  • Shnayerson's Coal River' examines ills of mountaintop mining  If you want to blow off the top of a mountain and dig out the exposed coal, you'll need a permit from the U.S. Army Corps of Engineers. They're the ones responsible for America's waterways. The top of the mountain will end up in the valleys, filling in rivers and streams.  Cleveland Plain Dealer, January 6, 2008

State Articles:

  • Coal River mine permit appealed by wind backers  CHARLESTON, W.Va. -- Environmental groups said Thursday that they were appealing the Manchin administration's approval of a key permit change for a Massey Energy strip mine at a site where citizen groups are promoting alternative plans for a wind-energy facility. Charleston Gazette, December 18, 2008

  • Judge denies contempt motion in selenium case  CHARLESTON, W.Va. -- A federal judge has declined to hold Apogee Coal Co. in contempt of court for continuing to stall the cleanup of selenium pollution from a mountaintop removal mine in Logan County. Charleston Gazette, December 11, 2008.

  • White House, EPA approve changes to mining buffer zone rule  CHARLESTON, W.Va. -- The White House and the U.S. Environmental Protection Agency signed off Tuesday on plans to revoke parts of a key water quality rule that could have been used to limit the burial of streams by mountaintop removal coal mining operations. Charleston Gazette, December 2, 2008.

  • Opposition mounts as Bush finalizes stream 'buffer zone' rule  Political opposition is building as the Bush administration moves to revoke parts of a key water quality rule that could be used to limit mountaintop removal coal mining. CHARLESTON, W.Va. -- Political opposition is building as the Bush administration moves to revoke parts of a key water quality rule that could be used to limit mountaintop removal coal mining. Charleston Gazette, December 2, 2008.

  • New Program Keeps Drugs Out of Rivers  A new consumer drug return program is one group's answer to the ongoing problem of poor fish health in the Potomac River and its tributaries, State Journal, November 20, 2008

  • ACEE Executive Director, Joe Lovett, guests on Decision Makers TV show to counter Massey CEO Don Blankenship’s recent appearance.  WOWK TV, November 14, 2008

  • Obama expected to tighten coal regulations  CHARLESTON, W.Va. - When Barack Obama becomes president, the coal industry isn't likely to go bankrupt. But coal operators and coal-fired utilities should brace for tougher regulation of mine safety, strip mining and especially greenhouse gas emissions. Charleston Gazette, November 9, 2008

  • Judge blocks permit for Clay-Nicholas mine: Fola Coal may continue mining in interim  A federal judge on Friday blocked a U.S. Army Corps of Engineers permit for a Fola Coal Co. mountaintop removal mine along the Clay-Nicholas County line. Charleston Gazette, October 31, 2008

  • Americans oppose mountaintop removal, according to poll  CHARLESTON, W.Va. -- Americans oppose mountaintop removal coal mining by a wide margin, according to the first nationwide poll on the issue to be made public. Charleston Gazette, October 23, 2008.

  • Mine companies can't rebuild streams, judge told   HUNTINGTON - Scientists have little evidence that coal operators can rebuild the miles of streams mountaintop removal mining buries beneath waste rock and dirt, a federal judge was told Wednesday. Charleston Gazette, October 23, 2008.

  • Coal company wants judge off mine case: No conflict, Conservancy says CHARLESTON, W.Va. - Fola Coal Co. lawyers want a federal judge to withdraw from hearing a court action that seeks to block one of the company's strip mining permits. Charleston Gazette October 16, 2008

  • Board overturns DEP permit for Taylor County mine  Board members ruled that DEP officials did not properly consider potential acid mine drainage from the mine and approved an inadequate ICG plan to treat that water pollution. Charleston Gazette, October 12, 2008.

  • Another mining permit challenged  Another Mining permit challenged; Environmental groups are trying to stop another new mountaintop removal permit, this one along the Clay-Nicholas county line. Lawyers for the Ohio Valley Environmental Coalition sought a preliminary injunction late last week to block the permit for two Fola Coal Co. mines.  Charleston Gazette, September 3, 2008.

  • MSHA too busy for black lung rules, Stickler says  Three weeks ago, federal mine safety chief Richard Stickler said his agency was too busy with other things to write a tougher coal dust standard that would help protect miners from deadly black lung disease. Sunday Gazette-Mail, September 14, 2008.

  • Feds pull out of Greenbrier power plant project  CHARLESTON, W.Va. -- Federal officials have quietly pulled the plug on funding for construction of the proposed Western Greenbrier Co-Generation plant. U.S. Department of Energy officials now list the $416 million facility as "discontinued." Charleston Gazette, September 3, 2008.

  • Hobet permit doesn't limit selenium   CHARLESTON, W.Va. -- The Manchin administration approved a new Hobet Mining permit that does not include limits on the mine's discharge of selenium, a pollutant that a top expert says is already pushing the Mud River watershed "to the brink of a major toxic event." Charleston Gazette, August 15, 2008

  • Hobet Mining warns employees of layoffs; Court order blocks extension of mine   Company and union officials warned Hobet employees of layoffs, but did not
    provide specifics.  CHARLESTON, W.Va. - Hobet Mining has warned employees that a court order blocking a new permit may cost some of them their jobs, but company and union officials weren't saying exactly when those layoffs might start or how many workers could be affected. Charleston Gazette, August 14, 2008

  • Judge blocks Hobet mine expansion   A federal judge on Monday temporarily blocked a permit to expand the Hobet 21 mountaintop removal mine along the Boone-Lincoln county line.  U.S. District Judge Robert C. Chambers issued a temporary retraining order requested by the Ohio Valley Environmental Coalition and other groups.  Charleston Gazette August 12, 2008

  • Suit challenges Hobet mine expansion  Hobet Mining wants to bury more than 4 miles of Berry Branch headwaters as part of a 400-acre expansion of its sprawling mountaintop removal mine along the Boone-Lincoln County border.  Charleston Gazette August 10, 2008

  • Mining company to pay $1.48 million selenium fine; Hobet given nearly two more years to end violations   CHARLESTON, W.Va. -- Hobet Mining Inc. will pay a nearly $1.5 million fine to resolve a lawsuit by state regulators over repeated selenium water-quality violations from its sprawling mountaintop removal operations along the Lincoln-Boone county line. Charleston Gazette, July 13, 2008.

  • Coal companies accused of mining without a permit  West Virginia environmental group best known for challenging mountaintop removal permits in court is planning to sue two companies for mining before they received any permit at all. WVNPR, June 23, 2008

  • Mines' selenium extensions wrong, appeals board finds  The Manchin administration must revisit two dozen orders that gave coal operators three additional years to fix selenium pollution violations, a state appeals board ruled Thursday. Charleston Gazette, June 13, 2008

  • Environmental groups to sue TECO  Two environmental groups have notified a local coal company that they will be filing suit over two allegedly illegal valley fills. Appalachian News Express, June 12, 2008

  • Mine's selenium deforms fish, expert says  Selenium pollution from one of West Virginia's largest mountaintop removal mines is dangerously poisoning Mud River fish, leaving some with serious deformities, according to one of the nation's leading experts on the issue. Charleston Gazette, April 27, 2008.

  • Massey plans big expansion; Firm wants to open a new coal mine every 17 days this year  Massey Energy Co. expects to open a new coal mine at a rate of one every 17 days this year as it continues an ambitious plan to increase production 25 percent by 2010, a company official said Friday.  Massey is positioning itself to take advantage of soaring demand and prices for Appalachian coal. The expansion is centered on underground coal mines, giving Massey alternatives if a court decision that would make it more difficult and time consuming to get federal permits for surface mines is upheld. Charleston Gazette, April 26, 2008

  • Mining appeal argument delayed until September  The Bush administration and the coal industry will have to wait another four months to argue their appeal of the latest federal court ruling to curb mountaintop removal coal mining. Charleston Gazette, April 25, 2008

  • Coal operators agree to limit valley fills  Coal operators agreed to limit waste dumping at three mountaintop removal mines to streams that had already been disturbed. Charleston Gazette, April 24, 2008.

  • New MSHA rule increases coal mine seal strength   The U.S. Mine Safety and Health Administration on Friday finalized a rule that requires stronger underground mine seals, but does not toughen seal standards as much as studies by two other government agencies suggested was needed. The Charleston Gazette, April 19, 2008.

  • Judge to Corps: Show permit info  The U.S. Army Corps of Engineers must stop stonewalling environmental group requests for information about new mountaintop-removal mining permits, a federal judge ruled Thursday. Charleston Gazette, April 18, 2008

  • Corps accused of violating permit ruling  The U.S. Army Corps of Engineers has issued at least three new mountaintopremoval mining permits in violation of a year-old federal court ruling, environmental groups alleged Wednesday.  Charleston Gazette, April 17, 2008

  • Manchin plans no investigation of coal, health  Gov. Joe Manchin plans no immediate state review of coal pollution's impacts on public health following the release of four studies that raise questions about the industry's effects. Manchin asked two state agencies to look at the studies, but any serious follow-up investigation should be left to the federal government, state officials said. Charleston Gazette, March 30, 2008.

  • Coal industry, fed mining appeal argument May 13  Oral arguments in the latest mountaintop-removal court appeal have been scheduled for May 13 in the 4th U.S. Court of Appeals. The Bush administration and the coal industry are appealing rulings last year by U.S. District Judge Robert C. Chambers to require a more detailed review of new mining permits. Charleston Gazette, March 28, 2008.

  • Suit aims to block Greenbrier plant  The West Virginia Highlands Conservancy wants a circuit judge to order state regulators to revoke a key permit for the proposed Western Greenbrier Co-Generation plant. Charleston Gazette, March 27, 2008.

  • Suit seeks to force MSHA to tighten dust limit  A Kentucky coal miner has sued U.S. Labor Secretary Elaine Chao to try to force federal regulators to tighten the limits on coal dust that causes black lung disease. The Charleston Gazette, March 22, 2008.

  • Senate committee bows to King Coal  Recently, a small group of state senators dealt a big blow to West Virginia coal miners when they killed a bill pending before their legislative committee. The bill would have better protected West Virginia coal miners who speak up about unsafe work conditions. The Charleston Gazette, March 11, 2008.

  • Mountaintop-removal hearing generates strong turnout  Mountaintop Removal Hearing Generates Strong Turnout; Here’s a sample of opinions from supporters and opponents of mountaintop-removal mining who spoke Wednesday at a public hearing. Sen. Jon Hunter, D-Monongalia, scheduled the hearing for a bill he introduced that would effectively ban the mining practice by making it illegal to dump excess rock and dirt into streams. WVNPR , February 29, 2008.

  • Miner whistleblower bill fails (mp3)  A Senate committee killed legislation that would have given better protections to whistleblowers in coal mines. West Virginia Public Broadcasting, February 25, 2008.

  • Mine expansion in middle of fight; Reclamation buries natural streams HYDEN, Ky. -- Giant earth-moving equipment groans under tons of rock that has been blasted from a mountainside at the Thunder Ridge mine to expose a seam of coal underneath.  The debris is being dumped in one of two hollows freshly scoured of trees and brush. Once the hollows are filled, they will be graded, planted with vegetation, and rocky riprap channels will replace the natural streams that once drained them. The Courier-Journal, Kentucky, February 11, 2008.

  • Legislation introduced to end valley fills in West Virginia  CHARLESTON, W.VA. – Senator Jon Blair Hunter (D-Monongalia) earlier this week introduced legislation that would effectively end the practice of burying thousand of miles of streams under the rubble created by mountaintop removal coal mining.  “I introduced Senate Bill 588 because I fervently believe that God did not intend for us to destroy the mountains, the streams, the forests and His people in order to mine coal,” Sen. Hunter said. Herald-Dispatch, February 10, 2008.

  • DEP protecting coal industry on selenium, lawsuit says  In November 2006, environmental group lawyers warned Hobet Mining that its Boone County operations were dumping too much selenium into tributaries of the Mud River.  Lawyers Derek Teaney and Joe Lovett told Hobet that the West Virginia Highlands Conservancy and the Ohio Valley Environmental Coalition planned to sue the company over its alleged permit violations. Charleston Gazette, February 10, 2008.

  • Increased training on miners' rights sought  Coal miners should receive more and better training to understand their right to work in a safe and healthy workplace, according to a new petition filed with the U.S. Mine Safety and Health Administration. Charleston Gazette, February 6, 2008.

  • MSHA urged to detail problems with assessing fines  Top federal lawmakers want the U.S. Mine Safety and Health Administration to provide more detailed answers about thousands of violations for which the agency never assessed monetary fines.  Senate and House Democrats called for MSHA to explain how the problem occurred, how bad it is, and what is being done to quickly fix it. Charleston Gazette, January 29, 2008

  • Group to study post-mining land use  Gov. Joe Manchin wants a team of state officials and economic developers to study ways West Virginia can better use former mountaintop removal mine sites. Charleston Gazette, January 23, 2008

  • $20 million fine, improvements part of Massey deal; feds believe company will now have to change Federal environmental regulators believe a record $20 million fine, new pollution monitoring requirements and the threat of automatic penalties for additional violations will force Massey Energy Co. to change the way it does business.  Charleston Gazette, January 18, 2008


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