balancing the scales - November 2010

balancing the scales Volume 29 Number 7

November 5, 2010

Appalachians Rise Up!

Pg. 11

Inside...

Clay County residents want their community protected

KFTC members across the state work hard to impact election

Beshear, coal industry sue to stop EPA from enforcing clean water protections

One Nation rally mobilizes citizens for “justice for all�

Kentucky House leadership supports onbill financing

A post-coal economy: What can Appalachia learn from Wales?

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balancing the scales, November 5, 2010

Table of Contents Letters to the Editor A reflection – Farewell Kentucky Mountaineer State provides programs to improve energy efficiency in your home Internet neutrality has implications to threaten internet democracy

page 3 page 4 page 4

Local Updates Clay County residents want their community protected Rowan members uncover flaws in storage tank program Treat coal ash as the toxin it is, members tell the EPA

page 5 page 6 page 7

Economic Justice Update One Nation rally mobilizes citizens for “justice for all” Unity fair helps highlight fair housing issue in Bowling Green

page 8 page 8

Voter Empowerment Update KFTC members across the state work hard to impact election

and to build a stronger democracy for all citizens “Real” issues in Senate race talked about at Youth Candidate Forum

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page 11 page 12

page 13 page 14 page 15

page 16 page 16

Canary Project Update Appalachia Rising: thousands rally for clean water, an end to

mountaintop removal and new coalfield energy jobs Battle looms over enforcement of the Clean Water Act Beshear, coal industry sue to stop EPA from enforcing clean

water protections; state continues permitting A time line of an abused system and failed enforcement The Cross in the Mountains: a prayer service for renewal Rural Electric Co-op Update Kentucky House leadership supports on-bill financing Co-op members share reform ideas with national radio audience

KFTC News KFTC members launch political action committee and historical grassroots

media campaign during final election push

Annual membership meeting empowers members to use their

personal stories to build new power in Kentucky

Awards from the 2010 annual membership meeting

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High Road Initiative Update A post-coal economy: What can Appalachia learn from Wales?

KySEA attends Governor’s Energy Conference to broaden discussion

page 19 page 19

KFTC Holiday Merchandise Calendar of Events

page 20 page 20

Last Gift Date Printed On Front Cover!

We’ve heard from a lot of members that they would love to stay current in their membership dues, but they just don’t know when their renewal date is. So now we are printing your last gift date with your mailing label*.

Renew by mail: You can renew by sending a contribution and the form on page 16 to our main office.

Renew by phone: Call Morgan in our London office and she can take a credit card, 606-878-2161 Renew online: It’s easy to make a donation online by check or credit card. Just go to www.kftc.org/donate

Become a pledger? When you renew your dues, consider becoming a pledger. Your regular contribution to KFTC supports the work all year long and when it’s automatic, you can always know that your dues are current.

* Let us know if the last gift date looks wrong. Databases can be imperfect things. Keep in mind that it takes about two weeks for the paper to be printed and on your doorstep. If you’ve made a donation in that time, it won’t make it on the label.

On the cover: KFTC members Jason Howard, Silas House, Erica Urias, Rick Handshoe, and Bev May participate in the Appalachia Rising march and civil disobedience in Washington D.C. Photo provided by Jeff Chapman Crane.

Kentuckians For The Commonwealth is a statewide grassroots social justice orga­­ni­ zation working for a new balance of power and a just society. KFTC uses direct-action organizing to accomplish the following goals: • foster democratic values • change unjust institutions • empower individuals • overcome racism and other discrimination • communicate a message of what is possible • build the organization • help people participate • win issues that affect the common welfare • have fun KFTC membership dues are $15 to $50 per year, based on ability to pay. No one is denied membership because of inability to pay.

Membership is open to anyone who is committed to equality, democracy and nonviolent change.

KFTC Steering Committee Steve Boyce, Chairperson Sue Tallichet, Vice-Chairperson Dana Beasley Brown, Secretary-Treasurer K.A. Owens, Immediate Past Chair Rick Handshoe, At-Large Member

Chapter Representatives

Roseanne Fitts Klarer, Scott County Erika Skaggs, Central Kentucky Ted Withrow, Rowan County Scott Goebel, Northern Kentucky Mary Love, Jefferson County Meredith Wadlington, Bowling Green & Friends Carl Shoupe, Harlan County Truman Hurt, Perry County Megan Naseman, Madison County Patty Amburgey, Letcher County Beverley May, Floyd County Cari Moore, Knott County Vanessa Hall, Pike County Alternates: Matt Doolin, Matt Heil, Lisa Bryant, Antonio Mazzaro, Martha Flack, Sandi Joiner, Stanley Sturgill, McKinley Sumner, Steve Wilkins, Jeff Chapman-Crane, Bobby Hicks, and Erica Urias.

Kentuckians For The Commonwealth P.O. Box 1450 London, Kentucky 40743-1450 606-878-2161 Fax: 606-878-5714 info@kftc.org www.kftc.org balancing the scales is published by Kentuckians For The Commonwealth and mailed third class from Lexington, Kentucky.

Reader contri­butions and letters to the editor should be sent to 250 Southland Drive Suite #4, Lexington, KY. 40503 or tim@kftc.org.

Subscriptions are $20 per year.

balancing the scales, November 5, 2010

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Letters to the Editor

A reflection – Farewell Kentucky Mountaineer

Dear Editor,

Farewell, dear friends and relations. Lay down that squirrel rifle; take a last snort from the jug you hid in the weeds by the well. Remove the strings of green beans and apples you hung to dry behind the kitchen stove. Shoo the chickens from the front porch; shut the barn door. Turn the old grey mule out to pasture and depart, for mountain life as we knew it is gone forever.

Since our forefathers first climbed the rugged mountain wall to find the “Gap” to Kentucky we have held fast, raising patches of corn and sorghum cane on steep hillsides and in shadowed valleys, fattening our hogs on the mast in beech groves, and driving our lean cows home from creek-bottom pastures at milking time. Immune from outside influences and persuasions, we fought our own clannish battles, remaining uniquely aloof in speech, attitudes and customs.

Our history is one of isolation. Accordingly, we inherited almost intact the strengths and weaknesses of our ancestors. Long noted for our personal independence and inherent fortitude in the face of defeat and grinding poverty, we often adopted a gritty “I don’t give a damn” attitude toward everything and everybody not our own.

The very fact that many of us are still here is a witness to our tenacity and the unyielding love we hold for the simple, agrarian lifestyle. Our excursions into the industrial cities of the north during World War II to find jobs left us often homesick, frustrated and confused. We worked, but we yearned, always, to be “back home” – a cherished place where one truly belonged, a place to live and love near family and friends; and when it was time to go, your own plot in the family graveyard on a high knob overlooking the old home place.

In the recent past, we barely managed to hold our own with the living flood of profiteers that came to take our stands of virgin hardwoods, the coal, natural gas, and the pools of “black gold” flowing freely below the surface of our land. We heard constant talk of “progress” – motels for tourists, a fried chicken franchise, another First National, a new road up Burning Fork, and two competing supermarkets. They schemed – educated men from New York and other points north and east – surveyors unrolling topographical maps and pipe-smoking engineers pinpointing likely areas for extracting coal and gas. Lawyers came too, lawyers taking hard to read forms from brief cases for the land

owner to sign on the dotted line – offering a pittance for mineral rights extending from the good earth to the blue sky above!

Dear friends, they overlooked nothing. Our mountains have been chewed up and spit out again in the name of progress. Our virgin stands of giant oaks and poplars have gone the way of the passenger pigeon. Yet we have another valuable resource they will eventually get to – water. Dams will be built, water harnessed to power machinery needed to grind the wheels of progress. The invasions of the past will seem as nothing when commerce and industry put their heads together in the name of progress.

So you may cry out in unison against the invaders, fight them tooth and toenail as you’ve always fought the enemy who comes to invade you, but in the end you will lose if you don’t keep fighting. Let down your guard one minute and they will even take your mountain tops and it will rain 40 days and 40 nights – bulldozers, concrete mixers, dynamite, overweight coal trucks and silt covered streams. But as an old song suggests, if you flee from them, the ark that carries you to safety from the flood will take you away from your mountains forever.

deliver the baby.

The last lingering, heartfelt goodbye is to a hard but simple life that gave us such an appreciation for the little things in life – shuck beans and cornbread when you were hungry; a dipper of cold water from the well in the back yard when thirsty; a sweet baby to love and cherish, and somewhere close by, a good fishing hole (with clear, clean water) and beyond the fence-row, a blackberry patch – free for the picking on the second week in July.

You will run to the rock to hide your face The rock cries out “no hiding place”!

FIELD OFFICES

No hiding place down here. So farewell to the mountains we knew and loved. Goodbye to the banjo picker with callused hands picking “Lost Indian” on the front porch at twilight. Goodbye to the long trek up the hill with bouquets of wildflowers to decorate graves of our loved ones on Decoration Day. A fond farewell to the little grandmother with her washtub propped on a cane-bottomed chair under the apple tree in the backyard, singing “Little Rosewood Casket.”

Give a last whistle to the emaciated coon hound begging for scraps at the kitchen door.

Farewell to the walk log that spans the branch and to the fishing hole where “newlights” and bluegills bit on warm spring nights. Goodbye to the dedicated old preachers who came each summer as unerringly as swallows to Capistrano to save your soul (before moving on to more lucrative pockets of sin in the Bluegrass!). Reserve a very special salute to “Doc” and his black bag, who rode his horse up the branch when you had typhoid; and to the old “granny” woman who walked out of a dark hollow on a cold, rainy night to

Stay up to date at www.KFTC.org/blog The KFTC blog had its biggest month during October with more than 100 posts!

Mary Lou Brown-Byrd, Nicholasville, Kentucky

KFTC Offices and Staff MAIN OFFICE Morgan Brown, Robin Daugherty & Burt Lauderdale P.O. Box 1450 London, Kentucky 40743 606-878-2161 Fax: 606-878-5714 info@kftc.org

Louisville

Central Kentucky

Jessica George, Jerry Hardt, Colette Henderson, Shameka Parrish-Wright and Nancy Reinhart 901 Franklin Street Louisville, Ky 40206 502-589-3188

Tim Buckingham, Jessica Hays Lucas, Erik Hungerbuhler, Brittany Hunsaker, Heather Roe Mahoney, Dave Newton and Ondine Quinn 250 Plaza Drive, Suite #4 Lexington, Ky 40503 859-276-0563

Bowling Green Patty Tarquino 606-335-0806

Berea Lisa Abbott, Amy Hogg, Carissa Lenfert, Sara Pennington Kevin Pentz, and Martin Richards 140 Mini Mall Drive Berea, KY 40403 859-986-1277

Berea Teri Blanton 118 Baugh Street Berea, Ky. 40403 859-986-1648

Northern Kentucky Joe Gallenstein 859-380-6103

Whitesburg Willa Johnson, Tanya Turner, and Colleen Unroe P.O. Box 463 Whitesburg, Ky 41858 606-632-0051

Floyd County Brittany Combs Floyd County, Ky. 606-422-0100

e-mail any staff member at firstname@kftc.org except for Jessica Hays Lucas use jessicabreen@kftc.org and Brittany Hunsaker use brittanyh@kftc.org

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balancing the scales, November 5, 2010

Letters to the Editor

State provides programs to improve energy efficiency in your home

Dear Editor,

Improving energy efficiency in your home is one of the cheapest and most effective ways to not only lower your electric bill, but to lower the collective “bill” we all pay for electricity produced from coal – including environmental and health effects from polluted water and air.

Retrofitting homes for energy efficiency is an ideal market for the “green jobs” Kentucky needs. Yet in this economy, individuals and families are often stuck between a rock and a hard place: sure, we’d love to save on our utility bills and stimulate the local green economy, but we can’t afford attic insulation right now!

Like many others, I’ve been struggling a bit in the current economy. I bought my house only about a year before I lost a good job.

Part of the reason I bought the house was its energy efficient design: it’s a 716foot “shotgun” style house, built 100 years ago and smartly – almost all the windows are north-facing, and you can close off sections of the house to save energy.

Back when I thought I could afford to, I had planned to make the house more efficient and save on utility bills by at least putting insulation in the attic.

But like most people these days, I just don’t have the funds for home improvement, no matter that it’s a great investment and the right thing to do.

I learned about the Low Income Housing Energy Assistance Program (LIHEAP) through my own research. It’s a joint federal-state funded program – with some local utility partnerships – with differing resources and services depending on your service area and needs.

Its purpose is to help low income households, “particularly those with the lowest incomes that pay a high proportion of household income for home energy, primarily in meeting their immediate home energy needs.”

I called the number on the website for the local weatherization program, and a few weeks later I had an appointment with someone to come to my house and have me sign some papers.

About a month after that, I got an appointment with the contractor, who inspected my house to determine what needed to be done. He then had me sign off and approve it, and informed me

when to expect which subcontractors – all locally owned companies – to come out and do the work.

I signed up in April, and was told the work should all be done before winter sets in. The process was particularly slow for me, since they triage cases according to need – and as I am not elderly or disabled, don’t have small children, and have a functioning furnace, I rightly qualified as a lowest-priority case.

I was thrilled to learn all they’re going to do: replace my hot water heater with an energy efficient one, put insulation in the attic and exterior walls, weatherstrip my doors, insulate the furnace ductwork, and several things I never would have thought of, like route my dryer vent outside instead of into the cellar – my clothes dry in about 1/3 the time now!

A few things they’ve done to help bring the house up to safety codes – like install a carbon monoxide detector, a new smoke alarm, and a bathroom exhaust fan (to prevent mold).

So far, they’ve installed the safety code measures and the hot water heater, cut a hole for an interior attic access door, and rerouted the dryer vent. I’m expecting a call in the next few weeks from people to work on the insulation and finish the attic door. It’s pretty awesome having these subcontractors call every couple of months and surprise me – I get an attic access door this week – woohoo!

LIHEAP offers other programs for low-income households, whether renters or homeowners, like air conditioners and assistance with utility bills. I encourage you to see if one of these programs could help you or someone you know.

In the past, I might have been reluctant to sign up for a program like this, thinking I don’t want to take away resources from people who need it more than me. I just would have put off these projects and probably never got a lot of them done, continued to pay higher utility bills, use more coal-generated energy than necessary, and then passed the problems on to the next homeowners.

But as I mentioned before, people in greater need get priority; and by signing up and spreading the word, I’m lifting up a good program that benefits everyone. And hopefully I’m softening some of the stigma that sometimes nags at those of us who want to access these

programs.

The weatherization program in particular benefits all of us by reducing the environmental and health effects of fossil fuel dependence, and by stimulating the green economy. And though we certainly don’t want to take away emergency assistance with utility bills for those in need, weatherization is a uniquely good taxpayer investment for the long haul. It creates less need for utility bill assistance for low-income households as

bills are lowered and cutoffs reduced.

Let’s all be a part of the solution.

Energy efficiency is about economic and environmental justice, and it’s an investment we can’t afford not to make!

For information about how to access LIHEAP resources in your community, visit http://liheap.ncat.org/profiles/ Kentucky.htm.

Dear Editor,

Imagine that one day you’re researching a topic on the internet. You go to your favorite search engine, Floogle, but Floogle is loading more slowly than usual. After a couple minutes with few results, you go to Flahoo instead. Flahoo is loading much more quickly, and you find what you need in seconds. You assume that Floogle is just having technical problems today, but in reality, Flahoo is paying your Internet Service Provider (ISP) so that its website loads faster.

Net neutrality is the idea that this is unfair, and that there should be laws to prevent it. Net neutrality proposes that there should be no restrictions on content, websites, equipment or the types of communication that internet consumers choose to utilize.

This means that your ISP cannot make certain websites load faster or slower and cannot slow down any method of online communication, such as peer-to-peer file sharing. Opponents of net neutrality claim that government intervention by the Federal Communications Commission (FCC) would impose unnecessary restrictions on private business and that companies might need to prioritize certain types of traffic to guarantee quality service to all customers.

While there are no laws in the United States concerning net neutrality, the FCC seems to be ruling in favor of it.

In 2008, the FCC upheld a complaint against Comcast that it had illegally in-

hibited customers from using file-sharing software.

The chair of the FCC, Kevin J. Martin, said that the ruling was meant to set a precedent that communications service providers could not prevent customers from using their networks as they, the customers, see fit.

However, this year a federal appeals court restricted the FCC’s ability to oversee broadband service, so net neutrality is not guaranteed.

The debate over net neutrality especially affects Kentucky because most of us live in areas where we have only one Internet Service Provider. If Company A prioritizes one news website or search engine over another, we don’t have the option of changing to Company B or C; we simply don’t have a choice.

For this reason, it is especially important for Kentuckians to be aware of the debate and to write to our national representatives when laws are introduced that favor net neutrality.

While there are many technical sides to this debate that can be overwhelming for the average person, there is one main principle of net neutrality: we, as internet users, should be able to visit the websites we want and use the equipment of our choice without interference from the company that provides our internet service.

Linda Stettenbenz Louisville, Kentucky

Internet neutrality has implications to threaten internet democracy

Jenn Myatt Lexington, Kentucky

When was your last gift to KFTC? Check the front cover under your name to find out.

balancing the scales, November 5, 2010

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Local Updates

Clay County residents want their community protected

Residents in the Teges community of Clay County are following in the footsteps of the Wilson Creek KFTC members who were recently successful in protecting their community from strip mining.

Earlier this summer nine people with strong ties to the Teges community, some of them KFTC members, drafted a Lands Unsuitable for Mining (LUM) petition that covers the watersheds of three creeks, the Upper and Lower Teges and Crane Creek.

The community started working on the petition once they became aware that several small coal companies planned to open several surface mines in the area.

“Our family goes back five generations just living in the same home near the mouth of Lower Teges,” said KFTC member Jessie Lynne Keltner. “All sides of our family have lived in this area for many generations. The beauty of this area has inspired many writers and has been referenced in books by my sister Anne Shelby, Siles House and Jason Howard.”

Because the LUM was filed after two mine permits were already determined to be technically sufficient, the LUM will not prevent a mine from going in on Crane Creek or one permit from potentially opening up between Upper and Lower Teges Creeks.

However, if the LUM is approved it will protect the region from any further impacts from mining.

“If this Lands Unsuitable for Mining petition is approved it will be a big step toward ensuring the protection of our stream and rivers,” said Marti Allen ,

who lives on Teges Creek.

All three of these creeks empty into the South Fork of the Kentucky River.

According to a recent study conducted by the Kentucky Nature Preserve, the South Fork of the Kentucky River is by far the most pristine of the three forks in the Kentucky River.

This same study also identified 15 fresh water mussels in the South Fork of the Kentucky River between Oneida and Teges that are listed on the Kentucky State list of Endangered and Threatened Species.

The residents of Teges also see the LUM as a way of protecting the longterm economic opportunities in the area.

“There is a lot of revenue to be made from hunting, fishing, and recreating in this area, but that’s only true if we keep our creeks and rivers clean,” said Marti Allen.

There will be a public hearing on the Lands Unsuitable for Mining petition on Wednesday, December 15 at the Oneida High School. The hearing will begin at 6 p.m.

KFTC member and Canary leader Beverly May, who passed along some of what she learned when her community of Wilson Creek drafted a Lands Unsuitable for Mining petition, said she plans to be there December 15 to help support the people of Teges. “We need to have a big crowd there to show that these folks are not standing alone.”

For more information about the public hearing contact Canary Project Organizer Kevin Pentz at Kevin@kftc. org or 859-986-1277.

Appalachian Citizens Law Center and KFTC Prevail in Suit Against Strict Conditions Placed by Kentucky on All Coal Mining Permits in the Wilson Creek Watershed On September 10, Judge Thomas D. Wingate dismissed Miller Brothers Coal’s petition to remove the conditions placed on coal mine permitting within the Wilson Creek watershed. The suit arose from a Lands Unsuitable for Mining Petition filed by Beverly May and the Floyd County KFTC Chapter. The state did not designate the land as unsuitable for mining, but instead heeded KFTC’s concerns and required that all permitting in the area comply with certain conditions to better protect the area from flooding, to reduce water pollution, to ensure that the land is reforested after mining, and to ensure that the land is returned to its approximate original contour.

The coal company sued KFTC and the state, arguing that the state did not have the authority to restrict mining in that way and arguing that, even if the state had the authority, there was insufficient evidence to support the conditions placed on future mining.

Judge Wingate disagreed, pointing out that many of the conditions the state is now requiring on Wilson Creek are already required by the law. With regard to the potential for flooding, Judge Wingate notes that “common sense alone should put one on notice that serious flooding problems could ensue in an area which was previously 81 percent forested and was not reforested post-mining.”

Judge Wingate’s decision is an important affirmation of the Lands Unsuitable for Mining process, which itself is an important part of the Surface Mining Control and Reclamation Act of 1977 (“SMCRA”). As Congress stated in 1977: “The process for designation of lands as unsuitable for surface coal mining is …premised on the notion that successful management of surface mining depends, in large part, on the application of rational planning principles.

While coal surface mining may be an important and productive use of land, it also involves certain hazards and is but one of may alternative land uses.

In some circumstances, therefore, coal surface mining should give way to competing uses of higher benefit.”

Mark your calendars! The national broadcast date for Deep Down is Tuesday November 23rd on Independent Lens, which airs at 10 p.m. in most markets. Independent Lens is a national Emmy-award winning PBS documentary series hosted by America Ferrera, whose episodes average one million viewers weekly!

In preparation for the premier, Independent Lens cut a new trailer that is currently being shown on PBS stations nationwide.

At left, KFTC members and Deep Down filmmakers Sally Rubin and Jen Gilomen posed outside of the Independent Lens office.

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balancing the scales, November 5, 2010

Local Updates

Rowan members uncover flaws in storage tank program

by Bob Burns

For the past several years the Rowan County chapter has been reviewing the state’s Underground Storage Tank program and the Petroleum Storage Tank Environmental Assurance Program (PSTEAF). This article explains the efforts to clean up soil and groundwater contaminated from leaking tanks and shares the results (so far) of the chapter’s campaign to address concerns.

The Petroleum Storage Tank Environmental Assurance Fund (PSTEAF) is a source of funding for the cleanup of contaminated soil and groundwater as a result of leaks from underground tanks.

The fund was established in 1994 to assist those who lack the finances to clean up these leaks. The majority of those in need of this assistance are the “Mom and Pop” gasoline station owners.

The cleanup of contaminated soil and groundwater can range from several hundred thousand dollars to a million dollars per contaminated site. From 2000 to 2010 more than $591 million has been received by the fund from fuel and bond receipts, with more than $280 million paid for cleanup of contaminated soil and groundwater. For the same time period there has been more than $380 million transferred out of the fund for the state General Fund.

The mission of the Underground Storage Tank Branch within the Kentucky Division of Waste Management is to “provide for the prevention, abatement, and control of contaminants from regulated underground storage tanks (USTs) that may threaten human health, safety, and the environment. The USTB regulates the registration, compliance, closure, inspections and corrective actions of UST systems.” Based on the Rowan County chapter’s review, it does not appear the Underground Storage Tank Branch is fulfilling its stated mission.

It appears to chapter members that samples collected to determine contamination from leaking tanks have not been collected in accordance with U.S. Environmental Protection Agency standard procedures and have been collected by persons not registered to practice geology in Kentucky. There is also concern

about the amount of monies being transferred from the cleanup fund to the state General Fund and not spent for cleanups.

The chapter has written letters voicing their concerns to the Underground Storage Tank Branch, the state auditor’s office, the Kentucky Board of Registration for Professional Geologists, and the U.S. EPA. The chapter also has expressed these concerns in meetings with the state auditor’s office and with the Kentucky Board of Registration for Professional Geologists and an assistant attorney general serving as counsel to the board.

After the removal of an underground storage tank from the ground, soil and groundwater samples are collected and analyzed at a laboratory to determine the concentrations of contaminants. If the contaminants found in the sample are above allowable levels a site investigation must be conducted to determine how far soil and/or groundwater contamination has spread. After this is determined, a corrective action plan is employed to clean up the contamination.

The Underground Storage Tank Branch is responsible for ensuring this work is done according U.S. EPA procedures. If the environmental samples are not collected correctly, contaminated soil and groundwater may not be identified.

The chapter wrote the Underground Storage Tank Branch with concerns in January 2008. The response did not answer members’ concerns.

The chapter then wrote to the state auditor’s office asking it to conduct an audit of the program. Members met with the auditor’s staff in April 2009.

The auditor’s office referred members’ concerns to the Department for Environmental Protection Inspector Generals Office in December 2009. The Inspector General’s Office spoke with the Underground Storage Tank Branch and wrote that these concerns had been addressed in the January 2008 response from the USTB.

The chapter wrote the U.S. EPA (Atlanta regional office) in August concerning environmental sampling proce-

www.KFTC.org/blog

dures used by contractors. The chapter sent a CD with pictures documenting environmental sampling procedures that were not done according to EPA standards. The EPA agreed with KFTC. If the samples are not collected according to procedures, the laboratory results are wrong with respect to contaminant concentrations, and the decisions made based on wrong laboratory results are wrong.

The chapter also wrote the Kentucky Board of Registration for Professional Geologists in May 2010 asking for the Board to determine who may engage in the public practice of geology according to Kentucky Revised Statutes. In question is whether contractors certified by the Underground Storage Tank Branch

are exempt from registration to engage in the public practice of geology.

Members met with the board and the assistant attorney general who serves as counsel to the board in August and September 2010. After discussion, the board and their counsel agreed with KFTC that only persons registered by the board may engage in the public practice of geology as defined by statute.

However, it appears the USTB has certified and allowed persons to engage in the public practice of geology without a license.

The board asked the chapter to supply additional information. Members of the chapter plan to attend the December geologist’s board meeting to discuss these issues further.

Madison County Chapter Briefs Madison County Chapter members hosted an Open House to celebrate the new Berea office location. More than 100 people came and the chapter raised $500. Mitch Barrett donated his time and played live music, and members grilled burgers, brats, and hot dogs in the parking lot and had a great time.

---------Retiring State Rep. Harry Moberly came to the September Madison County chapter meeting and members thanked him for his years of service. They presented him with a large, framed color photo of an endangered stream in eastern Kentucky as a gift of thanks. Rep. Moberly thanked KFTC members for all their hard work and said that if it wasn’t for KFTC, the voices of regular people would be left out of a lot of the legislative process.

balancing the scales, November 5, 2010

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Local Updates

Treat coal ash as the toxin it is, members tell the EPA

“We are here today to ask the EPA to create strong and vigorous regulations for coal ash. Kentucky families are at risk from coal ash and strong regulations are long overdue.”

That was then KFTC Chair K.A. Owens, one of several hundred citizens, including many KFTC members, who testified, rallied and marched September 28 to demand that the U.S. Environmental Protection Agency do its job and protect communities from toxic coal ash.

These actions came in response to the EPA’s request for comments on its proposed coal ash safety standards at a regional public hearing held in Louisville.

Citizens – many who live near coal ash dumps – testified all day and evening before the EPA panel in support of the federal government strictly controlling coal ash as a hazardous waste.

EPA and scientists have determined that exposure to coal ash toxins results in serious human health impacts including

a higher risk of developing cancer.

Protecting people from exposure to coal ash is one of the organizing priorities for the Jefferson County chapter.

Earlier this year, EPA proposed new standards more than 30 years after coal ash was temporarily exempted from national solid waste safety laws.

“We are here today to ask the federal government, by means of the EPA ... to protect us from an internal threat. The EPA knows that coal ash is a poison. We ask it only to believe its own findings on this issue, and to do its duty,” said Wendell Berry of Henry County.

In his testimony, Steve Wilkins of Madison County asked EPA to not only pass strict coal ash safety standards, but also to enforce the standards in Kentucky rather than allow state agencies to have control.

“Kentucky has already demonstrated that it cannot be entrusted to oversee the handling of coal ash,” he explained.

“Kentucky has been very protective of … the coal industry and that protection follows coal throughout its life cycle. Coal – the industry – is coddled while miners, mountains, waterways, communities, whole regions are sacrificed in pursuit of profits.”

The Kentucky Coal Association also held a rally, to express opposition to protecting people from toxic coal ash exposure.

Several state legislators, including Reps. Leslie Combs, Rocky Adkins, Brandon Smith, Jim Gooch and Fitz Steele, attended.

In addition to getting the U.S. EPA to adopt strong safety standards, the chapter is working with residents in southwest Jefferson County to stop the expansion of a In an effort to draw more people in during the most coal ash dump by Louisrecent Artwalk in Whitesburg, Angie Armstrong ville Gas & Electric. painted the windows in the KFTC office to highlight Permitting of the proNew Power messages. The Artwalk is a collaborative posed 60-acre coal ash event that takes place quarterly in Whitesburg where landfill has been the sublocal artists display and sell their work in various ject of several public hearbuildings downtown.

Members of the Jefferson County chapter and several ally groups spoke out during a September 28 rally and public hearing on proposed coal ash safety standards. They called for coal ash to be classified and treated as a hazardous waste, and the public protected from exposure. ings conducted by the state, including one in mid-October. Eventually reaching a height of 14 stories, the proposed impoundment would be located adjacent to many homes, in an area where there already are high levels of health problems from pollution.

LG&E wants to get this expansion passed before any new, stricter standards are adopted by the U.S. EPA.

“I can’t see why we would spend

our resources, to expand [the coal ash dump] when we can do something else.

The possibilities are endless. We can put that money and energy somewhere else and my kids can have a better place to grow up,” said KFTC member Jes Deis, who lives near LG&E’s Cane Run plant.

EPA is not expected to release final standards until later this year and is accepting public comments through midNovember

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balancing the scales, November 5, 2010

Economic Justice Update

One Nation rally mobilizes citizens for “justice for all”

by Janet Tucker

A large and diverse crowd rallied on the National Mall at the foot of the Lincoln Memorial in Washington, D.C. on the beautiful and sunny Saturday afternoon of Oct. 2, 2010. This was the One Nation Working Together Rally.

Denise Groves, a KFTC member from Louisville who attended the rally, stated, “The rally represented America: white, black, brown, old, young, able, disabled, gay, straight, citizen, non-citizen, employed, unemployed, Christian, non-Christian. All together, unified, and working to restore America to her glory days.”

It was a sight to behold! The rally for Jobs, Justice, and Education for All was sponsored by more than 400 organizations including trade unions, civil

rights , women’s rights and community organizations, peace and justice groups, and many more. The estimated crowd of 175,000 people came from all over the country, including 2 buses from Kentucky.

“I hope they look at the mall today,” stated the Rev. Al Sharpton from the steps of the Lincoln Memorial, referring to the political opposition to the values of the event, “because this is what America looks like, not just one color or one gender.”

The large outdoor TV screens along the mall helped a lot for those listening to the speeches. There were two overlapping but distinct messages coming from the platform.

One was that everyone needed to get out the vote in November. In that sense, this was a rally to expand and fire up the

voters in the progressive base. The other was to push Congress and the White House on jobs, education, immigrant rights, the environment and peace.

Harry Belafonte recalled the 1963 march. “In 1963 Martin Luther King Jr. stood on the steps of this memorial and declared that this nation should come together and embrace its greater ideals, that we should rally together to overcome injustice and racism and that all citizens should not only have the right to vote but exercise that right and make America whole. That is part of why we are here today.”

The participants were enthusiastic and determined to make their voices heard. I found it exciting to approach groups and ask where they were from and why they were there. I spoke to people from New York, St. Louis, Pennsyl-

vania and West Virginia, just to name a few. They were teachers, trade unionists, environmentalists, community activists of many stripes. And we all had so much in common!

After harshly denouncing the “monied powers” on the right, AFL-CIO President Richard Trumka appealed to both union workers and progressive groups for broad unity: “Promise you won’t let anyone quiet us or turn us against each other. Promise to make your voices heard for jobs, justice, and education today — and on Election Day,” he declared. “Our best days are ahead, not behind us, and we will fight for them, and we won’t let anyone stand in our way.”

In closing just let me repeat: “Our best days are ahead, not behind us, and we will fight for them, and we won’t let anyone stand in our way.”

The Coalition also recently published an op-ed in the Bowling Green Daily News about the need for fair housing policies. Below is a short excerpt:

annual KFTC meeting and feeling all pumped up, I ambitiously volunteered to help out at my first Bowling Green and Friends chapter event – the Fair Housing Coalition Unity Fair.

After slicing A LOT of cake and putting cookies on plates at the refreshment table, I finally worked up the nerve to say to Patty, “Sooooo …

I honestly have no idea what specifically this Fair Housing Coalition fair is all about.” Over the course of the fair, she and Dana and all the coalition partners helped not only me, but all the fair visitors, learn just that. There are no laws in Bowling Green protecting the rights of tenants or landlords of rental properties. Folks can be evicted from their homes at any time with or without reason, and likewise landlords can have their properties ruined and have no legal recourse.

So we in KFTC, along with an insane number of partner organizations in the Bowling Green Fair Housing Coalition and donors, decided to throw a little fair in the West Side community where we’ve focused our voter empowerment efforts to take another step in changing that. We made ourselves a little hand-drawn welcome sign, and all afternoon the local neighborhood residents kept rolling in, learning about their housing options and rights county-fair style. Kids rode around

on their bikes, got their faces painted, enjoyed apple cider slushies and popcorn and waaaaaay too much sugary cake and cookies, bounced around in an inflatable bouncy castle, while their parents and other adults collected information and some tasty snacks, too, with the local band keeping us energized and luring folks in from off the street with their “Noizejoi.”

My favorite part of working the welcome table was seeing what a diverse crowd of people came in – just like the KFTC annual meeting – all ages, all races, all hairstyles and manners of dress. Getting to speak my broken Spanish in an attempt to communicate with some of the visitors – and their appreciative smiles despite my poor skills. Looking over at one point at the band in surprise: “Is that man playing a flute?” Yes, yes, he was.

The fact that one of the first guys to get a raffle ticket stayed till the end and won the grand prize of four tickets to the Corvette Museum. Resources to help people pay their utility bills. And lots of conversations with members of the community about what KFTC is working for, and how they can get involved. Fair housing, social and economic justice, grassroots organizing, with a touch of county fair flair. It was an awesome turnout to an awesome event.

Unity fair helps highlight fair housing issue in Bowling Green

Recently, the Bowling Green Fair Housing Coalition organized a Fair Housing Unity Fair that offered a fun time, good food, information about local resources, opportunities to organize, and inflated bounce playgrounds.

The event was the first big coalition event, and was part kickoff, part welcome party, and part invitation to get involved and to come to a candidate forum to be held the following week.

The Bowling Green Fair Housing Coalition is made up of local service, housing, and community organizations including KFTC. The following are the coalition’s guiding principles: • Everyone should have equal access to housing, regardless of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or age.

• Residents should have adequate access to affordable housing programs that will move people toward owning their homes.

• Renters should have access to housing that is decent, safe, and sanitary, with affordable energy efficiency options.

• Renters and landlords should have clarity about their rights and obligations.

• Renters should have protections against unfair practices.

Bowling Green is a growing city that’s preserved its small town feel, one of the reasons we love it.

But small town folks know we can’t depend on handshakes to make sure that we’re all treated fairly. We need tools, a few rules everyone plays by.

Most landlords in Bowling Green are fair. But we all know that we have a few bad apples. The impact of these bad apples, on individual families and on our community, is great, and the suffering they cause is substantial. We shouldn’t let these bad apples set the standard. Let’s put standards in place that obligate the bad apples to live up to our expectations.

The KFTC Bowling Green Chapter is proud to be part of the Bowling Green Fair Housing Coalition. Jennifer Wurts is one of the members who participated in the fair. Below are some of her reflections.

Fair Housing – County Fair Style

Having just gotten back from the

balancing the scales, November 5, 2010

Page

Voter Empowerment Update

KFTC members across the state work hard to impact election and to build a stronger democracy for all citizens

KFTC’s non-partisan work on elections has grown year after year since 2004, focusing on non-partisan voter registration, education, and mobilization to make democracy stronger in the long-term.

Throughout this year, KFTC members have done solid Voter Empowerment work, which has grown more and more leading up to the October 4 voter registration deadline and the November 2 general election.

There was a lot of activity across the state; KFTC tried many new strategies, including forming a Political Action Committee, new staffing structures, new messaging, and a new database system.

Members are still tabulating and evaluating the new efforts, but here’s a very preliminary report-back focusing on the non-partisan voter work.

By The Numbers • 30,000 - Estimated number of voters contacted by phone

• 77 - consecutive hours of voter registration in Central Kentucky’s “Operation Voter Madness” - in addition to substantial voter registration marathons in other counties and scores of other events.

• 40 - volunteers in KFTC’s largest single phonebank - and most of these folks were former felons who did not have the right to vote themselves.

In the next issue of balancing the scales there will be more analaysis of the election results and what it means to KFTC members and for the state as a whole.

KFTC Members Vote

A w h o p p i n g 7 3 p e rc e n t o f KFTC members have voted in all three of the last general elections

in Kentucky (2008, 2006 and 2005).

That compares to only 37 percent of Kentucky registered voters overall who voted in all three of those same elections.

KFTC works hard to make sure that as many Kentuckians as possible get out and vote – and members take a little pride in knowing that KFTC’s 7,000 members across the state are among the most consistent voters.

• 5 - Sound cars in different communities on election day, spreading the word with big speakers.

• 4 - Zombie-related voter mobilization events leading up to Halloween • 1,500 - Handbills passed out at events • 200+ - Voter registration events statewide this year before the October 4 deadline

• 18,020 - Page views on www.KentuckyElection.org

There are so many stories, pictures, and reports from the voter work on the blog.With more than 100 blog posts related to KFTC’s voter work, the blog experienced its biggest month to date.

Visit it at www.kftc.org/blog

Eastern Kentucky members worked to distribute and mail local voter guides in Harlan and Floyd County in the final weeks leading up to the election.

On a Thursday night less than two weeks before the 2010 general election, more than 100 young people between the ages of 5 and 25 gathered in a room at the University of Kentucky to talk about issues they care about.

“The purpose of this event is to lift up the voices of young people in the U.S. Senate campaign. We want to make sure that the candidates who represent Kentucky in the U.S. Senate understand the issues that young people care about,” said the moderator of the event, Berea KFTC member Megan Naseman.

Ten young people, all members of KFTC, prepared issue presentations.

They talked about the “real” issues affecting Kentuckians – healthcare, education, building a clean energy economy, and tackling global warming.

Berea student Myles Maxson in his talk about global warming said, “I want

candidates to tell us that they are ready to get our fuel from something other than fossil fuels. If we do that, the levels of carbon dioxide will decline, as will the temperature. I want to hear that they are willing to change to new sources of power. I want to hear that these candidates want to stop global warming.”

UK student and Louisville native Jared Flanery discussed one possible solution to global warming known as “Cap and Trade.”

“The first part of cap and trade would be really welcome, the cap. A strong cap on carbon emissions would set us off on the right track towards a regularly functioning climate, renewable sources of energy, and green jobs. It’s the trade part that I take issue with. Essentially, cap and trade sets up a market for the sale of pollution rights.”

Western Kentucky University gradu-

ate Greg Capillo talked about some of the provisions in the new healthcare reform law that will expand healthcare for young people.

He talked about how he is able to have health insurance right now because of this law – thanks to the provision that lets young people stay on their parents’ health insurance plan until they are 26.

He went on to say, “While the healthcare reform legislation had many good provisions, it didn’t solve every problem and could still go further. There are more than eight million uninsured children in America – that is one in ten.”

“I believe that tonight has been one of the most important events so far in the U.S. Senate race in Kentucky. Tonight was a great example of young people getting involved and taking leadership on key issues facing Kentucky,” said Louisville high school student Nikita Perumal.

• 50,000 - Estimated number of people reached through KFTC’s voter guides

“Real” issues in Senate race talked about at Youth Candidate Forum

Makayla Urias spoke before the crowd about what it is like living in Island Creek surrounded by strip mining.

Page 10

balancing the scales, November 5, 2010

KFTC members launch political action committee and historical grassroots media campaign during final election push

Two short months ago, KFTC’s Steering Committee launched a political action committee called the New Power PAC to communicate with voters and candidates about the opportunity to create clean energy jobs and affordable, renewable energy in Kentucky and about the harm done by our dependence on old power fossil fuels.

At a press conference in mid-September, KFTC’s then chairperson K.A. Owens declared, “Over the coming weeks we will communicate directly with thousands of Kentucky voters. We will make sure voters know candidates’ positions on New Power issues, including the opportunity for clean energy and the true costs of coal. We will take our message to the broader public with print, radio, television and electronic ads. And we will demonstrate to candidates that there is a significant base of support for new power and a brighter and cleaner future in Kentucky.”

By now, you may have received or heard some of the ads distributed by

Visit www.newpowerky.org to see copies of the ads, postcards, web ads, and radio commercials used during the media campaign.

the New Power PAC. Printed below are several samples of ads that ran in many media markets before the November 2 election.

In addition, the New Power Pac website (www.newpowerky.org) features several radio spots that played on the University of Kentucky sports radio network and many local radio stations throughout the fall.

With a week to go before the fall election, the New Power PAC anticipated spending more than $126,000 in this election cycle, the majority of that going to advertising and direct communication with voters.

“We hit the ground running this fall, and we will only gain momentum in future election years,” noted KFTC member Megan Naseman. “Also, true to KFTC’s form, this [media campaign] is only one piece of our work. After the elections, we’ll keep lobbying and meeting with officials. We hope that our work through the PAC will let officials know what broad support there is for New Power.”

Kentuckians want the same things as everyone: good jobs, healthy communities, and opportunities for our children.

And we know:

It’s time for

Today, right now, we have our best chance in generations to build a new power economy that will create thousands of new jobs and build better communities.

At the same time we must fix the problems of old power, including the destruction of our mountains, our water, and the air we all breathe.

On November 2nd, we must choose political leaders who will make better decisions and who will serve the interests of real Kentuckians like us.

We want what everybody wants: decent jobs, healthy communities, good schools and opportunities for our kids.

We are

We can have a tax system that builds a better future for all of us. We need to elect leaders who will make choices based on what’s fair and good for Kentucky families.

Top: State Senate 38th District Middle: Tax Justice, Rand Paul Bottom: Rural Star Act, Ben Chandler

Kentuckians want the same things as everyone: good jobs, healthy communities, and opportunities for our children. And we know:

Rebecca, Madison County

It’s time for Today we have the best chance in generations to build a new power economy that will create thousands of new jobs and build better communities. At the same time we must fix the problems of old power, including the destruction of our mountains, our water, and the air we all breathe.

On November 2, we must elect leaders who make good decisions and who serve the interests of real Kentuckians like us.

balancing the scales, November 5, 2010

Page 11

Canary Project Update

Appalachia Rising: thousands rally for clean water, an end to mountaintop removal and new coalfield energy jobs

The largest national protest ever against mountaintop removal mining took place in Washington, D.C. on September 27 as more than 2,500 people— including many coalfield residents and allies from across the country—gathered in front of the White House to make their voices heard.

“We disobeyed. We were in the wrong. But we were in the wrong for the right reasons,” said Floyd County KFTC leader Bev May, reflecting on the arrests made during Appalachia Rising.

Appalachia Rising was organized and led by Appalachia residents from Kentucky, West Virginia, Virginia, and Tennessee.

While folks chanted “We are Appalachia,” nearly 120 people participated in nonviolent civil disobedience and were arrested at the event. Folks were arrested for refusing to move from an area near the White House when asked to do so by police.

Arrestees included 15 KFTC members, primarily from eastern Kentucky, including leaders Bev May and Rick Handshoe from Floyd County, Mickey McCoy from Martin County, Cari Moore from Knott County, and others.

KFTC member Megan Naseman of Madison County was arrested yet continued to chant, “What do we want? Clean water. When do we want it? Now!”

Other arrestees included renowned NASA climate scientist Dr. James Hansen, retired and former coal miners, religious leaders, and young folks. Four additional people were arrested at a sit

KFTC member Cari Moore

KFTC members Greg Capillo and Rick Handshoe in at PNC Bank in DC, protesting its role as a lead financier of mountaintop removal coal mining.

“It’s hard for me to break the law,” noted Rick Handshoe. “But this was different. I want it to get out to people globally about what’s happening in my community. It’s not just killing the environment; it’s killing people.”

“Being arrested? That’s such a small price to pay for being heard,” explained Mickey McCoy. “My home and people are paying the real price for mountaintop removal.”

Cari Moore added, “I got arrested because I wanted to call the president’s attention and the public’s attention to the greater crimes of mountaintop removal. I wanted to encourage my government to pass laws that will protect our mountains, our environment, our health and safety, our rights, and our cultural heritage.”

“I’d like for President Obama to pick up a pen, before he has dinner today, and, with a stroke of that pen, abolish MTR and strip mining,” said McCoy.

Appalachia Rising wasn’t only about demanding an end to mountaintop removal mining. Protesters also called attention to the need for a just transition for Appalachia.

“I got arrested because I want a new future for Appalachia,” explained May. “We targeted the Obama administration because he’s the only elected official who can stop MTR and announce a new economic plan for Appalachia.”

“We weren’t just marching against MTR. We were marching for a just transition,” noted KFTC’s Canary Fellow Teri Blanton. “Our people—who’ve cre-

ated energy for this nation for the last 100 years—need to be a part of the new power, new energy revolution. If we are going to have any chance for this positive future, we’ve got to save the mountains that are left.”

“I want to see the end of the boom and bust, band-aid economy that the coal industry has given us,” reflected McCoy. “I know we’ll have coal around in the near future, but the transition has to be made today to establish a sustainable, diversified, vital, and thriving economy in Appalachia.”

“We know that jobs that come from destroying mountains don’t last,” explained May. “What we need for workers in the coal industry is the same sort of transitional help that tobacco farmers got to diversify their crops. Right now, coal only employs 2.6 percent of the eastern Kentucky workforce. We need help getting those miners into new jobs like reforestation, home weatherization, windmills, and more.”

“I want folks to have job opportunities where they don’t have to risk their lives,” said Moore. “I want people to feel a sense of control and options in their communities. And, on top of this, I also want to see us preserve our culture and maintain our unique identity. We can’t do that without our mountains. Our culture and our mountains are intrinsically linked.”

Moore continued, “Politicians have been telling Kentuckians that coal provides jobs. But we know that MTR mining eliminates jobs. And we’ve gained impoverished communities. We’re not even breaking even, let alone gaining prosperity. We see surface mining threatening Benham and Lynch, communities with very real potential for creating sustainable jobs, energy and money for the area. If politicians really cared about jobs, they’d help us stop that mining in those communities.”

“We’re sacrificing the long-term future of our region for the short-term profit of a few,” concluded Moore.

As much as anything, September 27 was about speaking truth to power and educating the public about what is happening in Appalachia. As KFTC members and allies tell their truths, they

KFTC member Jen Gilomen increase the number of folks who will join in the fight.

KFTC member Sarah Blanton reported that one police officer said to her, “If I were not wearing this uniform, I’d be right there with you. I’m from Paintsville.”

Greg Capillo of Madison County said, “Out of this event there are more police and more folks in DC and beyond who know more about MTR. The police see protests every day. But I don’t think they see people like Bev and Rick every day—folks who take a stand and say, ‘Here’s what’s happening to me, my mountains, my family, our home.’ It’s really powerful.”

Pointing to the marks on his arms that were created by the arrest bands, Rick Handshoe told the bus driver bringing him back to Kentucky, “I got these stripes on my arms for your grandchildren and for my grandchildren.”

KFTC member Bev May

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balancing the scales, November 5, 2010

Canary Project Update

Battle looms over enforcement of the Clean Water Act

In the last couple of years, the battle over mountaintop removal has focused largely on the enforcement of the Clean Water Act.

The last couple of months have seen a flurry of legal activity as groups look for legal solutions to support their positions.

The stage was set starting in 2009 when the Obama administration told the U.S. Environmental Protection Agency to start enforcing the Clean Water Act (CWA), based on sound science. That has resulted in a series of actions by the EPA to limit the amount of new pollution from coal mines into streams.

In some cases, that has meant further review and occasionally denial of pollution discharge permits, including blocking of permits previously issued by state officials.

That action was stepped up recently when EPA exercised its authority to review 12 pollution discharge permits Kentucky officials had approved, delaying their issuance. Gov. Steve Beshear then announced that he was joining the Kentucky Coal Association in a lawsuit to stop the EPA from taking this action (see related story).

This is similar to what has happened in West Virginia and nationally, with separate lawsuits against the EPA from West Virginia’s governor and the National Mining Association.

In mid-October, KFTC and seven other conservation and social justice groups asked to intervene in the National Mining

Association lawsuit, which is trying to block the EPA from considering scientific information during the permit review process.

did not take into consideration that more pollution would add to the cumulative levels of the impacted Pike County streams, some sections of which are

Our state officials have closed their eyes to an obviously serious problem.”

Ted Withrow, KFTC member and retired Kentucky Division of Water basin coordinator

“It’s past time for the EPA to enforce the Clean Water Act,” said KFTC member Rick Handshoe, whose Floyd County community is surrounded by nine valley fills with three more pending. “In my neighborhood it’s too late; the water has been destroyed – but we can’t let this happen anywhere else.”

Cambrian Coal

The EPA actions are helping to expose charges that KFTC has been making for years: that Kentucky officials routinely ignore CWA requirements in issuing pollution permits to coal companies.

This is especially true of the law that says the cumulative impact of all pollution sources should be considered before new pollution is allowed. Many eastern Kentucky streams are already so polluted that no new pollution could be allowed if this law were enforced.

That is the case with a 791-acre mining permit issued to Cambrian Coal in April. The state’s granting of the permit

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already too polluted to support their designated uses.

“I grew up along Elkhorn Creek; I’ve hiked and fished in that area for years. As a child I used to swim in the creek, but now I am concerned that surface mining in this area has started to degrade the water to an unsafe level,” said aquatic biologist and local resident James Stapleton.

“Water is the back bone of our economy here in Elkhorn City. And at the end of the day, we need people to keep visiting our area to recreate and support our local businesses.”

KFTC, the Sierra Club and the Appalachian Citizens Law Center challenged that permit, and in late September an administrative law judge issued a stronglyworded and thorough (95-page) ruling suspending the mining permit.

In reaching his decision, Judge Stephen Blanton stated that the deficiencies in the permit were “extremely environmentally troubling because the watersheds receiving the discharges here are already impaired waters and pollutants from surface coal mining operations in the impact area are the cause of that impairment.”

But two weeks later the Beshear administration vacated the administrative ruling. Energy Cabinet Secretary Len Peters ordered the mining and pollution to resume.

Peters’ action is now being challenged in court.

Routine CWA violations

KFTC, Kentucky Riverkeeper, Appalachian Voices and the Waterkeeper Alliance provided further evidence in early October that state officials do little to enforce the Clean Water Act for mining activities.

The groups notified ICG Coal and Frasure Creek Mining, who operate in Knott, Perry and Pike counties, of their intent to sue if the companies did not

comply with the Clean Water Act.

Specifically, the groups charged that the companies exceeded the pollution discharge limits in their permits, consistently failed to conduct the required monitoring of their discharges and, in many cases, submitted false monitoring data to the state agencies charged with protecting the public.

“Our state officials have closed their eyes to an obviously serious problem,” said Ted Withrow, the retired Big Sandy Basin Management Coordinator for the Kentucky Division of Water and a member of KFTC. “These are not small exceedances – some are over 40 times the daily maximum. This should have been a red flag.”

Under the state-issued permits, companies are allowed to discharge limited amounts of pollutants into nearby streams. Those same permits also require the companies to carefully monitor and report their pollution discharges to state officials.

Many of the monitoring reports reviewed did not change from one reporting period to the next. For example, at one Frasure Creek operation all monitoring data from the second quarter 2008 are repeated identically on the third quarter report, and both reports are dated 7/15/2008 – weeks before the end of the third quarter monitoring period.

These claims could be just the tip of the iceberg. A recent trip to Kentucky’s Division of Mine Reclamation and Enforcement regional offices by Appalachian Voices staff found stack after stack of discharge monitoring reports from more than 60 coal mines and processing facilities covered in dust on the desks of mine inspectors’ secretaries. They did not appear to have been evaluated for compliance for more than three years.

Support for EPA

Many elected officials are supporting the EPA’s enforcement of the Clean Water Act. Again in mid-October, 50 members of the U.S. House of Representatives sent a letter to EPA Administrator Lisa Jackson, saying that the agency’s action designed to protect the health of neighboring residents “represent significant progress for communities struggling in the shadow of mining.”

U.S. Rep. John Yarmuth was the only representative from Kentucky to co-sign the letter.

balancing the scales, November 5, 2010

Page 13

Canary Project Update

Beshear, coal industry sue to stop EPA from enforcing clean water protections; state continues permitting

On October 18, the Kentucky Coal Association filed a lawsuit against the U.S. Environmental Protection Agency (EPA) for enforcing scientific standards designed to protect central Appalachian streams.

Within 24 hours Governor Steve Beshear ordered the state to intervene in the lawsuit on the side of the Kentucky Coal Association.

“It’s a shame our governor is siding with the polluters rather than protecting our water. By doing this he is failing the people of Kentucky,” said KFTC member and Canary Leader Erica Urias from Pike County.

This lawsuit was filed because in late September the EPA used its authority to deny ten Individual Kentucky Pollution Discharge Elimination System (KPDES) permits also known as “402” permits.

402 KPDES permits are required for all water that leaves a mine permit through a pipe, and each water discharge pipe on a permit needs to have a 402 permit. These permits are meant

to limit the amount of pollution that is discharged into stream.

There are two kinds of 402 permits coal companies can get. One is called an Individual permit. Individual permits can be reviewed by the EPA. Coal companies can also try to have their pollution activities covered by the General 402 KPDES permit for coal mine pollution discharge.

Kentucky’s General 402 KPDES permit was issued in August of 2009 and lasts for 5 years. The General permit was issued more than half a year before the EPA issued Guidance on Conductivity last April. During the 5year life of a General KPDES permit, coal companies can apply to have their 402 KPDES applications covered by the umbrella General Permit.

Since the EPA approved of Kentucky’s General 402 KPDES permit in August 2009, both the Kentucky Division of Water (that issues 402 KPDES permits) and the EPA agree that the EPA does not have any authority to review 402 KPDES applications that are

Perry County members had an information booth at the annual Black Gold Festival in Hazard. Although the tensions have escalated around conversations about coal, KFTC members still thought it important to have a presence at this and other local festivals this fall. These information tables provided a space for members to talk about issues, clarify what KFTC is really about, and encourage more people to get involved with the issues facing their communities.

Testing for conductivity in a stream does not tell you what is in the stream. Testing for conductivity only tells you the concentration of salts or metals in the stream. The natural conductivity of central Appalachian streams is about 250 micro Siemens. That means plants and animals have adapted to live in streams of a conductivity around 250 micro Siemens. When the conductivity rises above 500 micro Siemens lots of living things in the streams begin to die. The conductivity below surface mines tends to be between 900 and 3,000 micro Siemens. covered by the umbrella General permit.

Since July 1 of this year, Kentucky officials have approved 102 KPDES applications to be covered by the General 402 KPDES permit.

Only the Beshear administration can decide to stop allowing pollution from coal mines to be covered by the inadequate General permit.

The Guidance on Conductivity issued by the EPA on April 1 of this year is based on several peer reviewed studies that show when the natural conductivity of central Appalachian streams rises above 500 micro Siemens the organisms that live in the streams begin to die, especially mayflies that are considered an indicator of the overall health of a stream.

Since April, the EPA has used the Conductivity Guidance to require that Kentucky set a numerical limit on conductivity for the discharge from coal mines. Without this numerical limit the EPA will not allow coal mine applications to receive an Individual 402 permit.

The Kentucky Division of Water has refused to set a numerical limit on conductivity for either the Individual or the General 402 KPDES permits.

Kentucky officials would rather do a narrative analysis of the stream after the permit has been issued.

“I think we should use the best possible science to set limits on pollution allowed in our streams. But, even if they (EPA) double the limit on conductivity to 1,000 (micro Siemens) coal companies

would have a hard time meeting those requirements,” said KFTC member and Canary Leader Rick Handshoe from Floyd County. Handshoe has used a conductivity meter to regularly test the (continued on next page)

Author Ann Pancake honored by Morehead State University

by Sue Tallichet

Ann Pancake, noted author of Strange As This Weather Has Been, received Morehead State University’s esteemed Thomas and Lillian D. Chaffin Award for Appalachian Writing last month.

Published in 2007, this novel focuses on a southern West Virginia family devastated by mountaintop removal mining. Pancake is a native West Virginian who grew up in Romney and Summersville. Based on both interviews and actual events, Strange As This Weather Has Been was her first novel.

The Thomas and Lillie D. Chaffin Award for Appalachian Writing was established in 1996 to recognize excellence in Appalachian writing in all genres. Past winners include Erik Reece, Silas House and Denise Giardina.

Page 14

balancing the scales, November 5, 2010

Canary Project Update

A time line of an abused system and failed enforcement August 2009

Kentucky issues the General 402 Kentucky Pollution Discharge Elimination System (KPDES) permit for coal mining, approved by the U.S. EPA. The Kentucky Division of Water issues this permit every five years for coal mining and other activities that discharge into Kentucky streams. Coal companies may apply to have many types of pollution discharges covered under this permit, rather than apply for a more costly Individual 402 KPDES permit.

March 2010 Kentucky issues 29 Individual 402 KPDES permits for pollution discharges from coal mining activities. The EPA did not object to these permits.

In Kentucky, if a pollution discharge meets

certain criteria – for example, it will take place within 5 miles upstream of an existing drinking water intake – the coal company must apply for an individual permit and may not apply to be covered under the general permit.

April 2010 April 1 – EPA issues detailed guidance on water quality standards in Central Appalachia that established water conductivity benchmarks, effective immediately. All Individual 402 KPDES permits in Kentucky issued going forward should follow it.

Water conductivity tests effectively measure water pollution from coal mining activities.

Previous EPA guidance, approved in the 1970s, was based on technology guidelines instead of water pollution measurements.

Basing guidance on numeric water quality

data makes law enforcement more clear.

April 8 – EPA expresses concern over Kentucky Division of Water’s approval to cover several significant coal mining pollution discharges under the General 402 KPDES permit.

Since the EPA had already approved Kentucky’s General 402 KPDES permit in August 2009, it did not have the authority to review or reject these decisions.

May 2010 May 13 – EPA objects to 12 Individual 402 KPDES permits under review based on failure to ensure that conductivity benchmarks would be met. EPA issued a final denial of 10 of these permits four months later.

The EPA can review all individual permits

EPA sued by Beshear, coal industry … (continued from previous page)

streams around his home.

The Kentucky Coal Association and the Beshear administration are arguing that as scientific evidence is collected and points to increased conductivity being a danger to stream life, the EPA should not be allowed to change permitting requirements to reflect the need to decrease conductivity levels in streams.

Since the EPA allowed some permits to be issued before all of the science was collected and reviewed, then the EPA should not be allowed to change the permit requirements, they say.

According to the Kentucky coal industry’s lawsuit, the EPA has used the Conductivity Guidance to deny 10 permits since April. However, the Kentucky Division of Water has used the General 402 permit to grant 102 applications between July 1 and October 28 – something the Kentucky Coal Association and Governor Beshear failed to point out in their lawsuit.

The General 402 permit does not set a numeric limit on conductivity and the Kentucky Division of Water can continue to use the General permit until 2014, allowing coal companies to pol-

lute Kentucky’s streams with impunity.

The EPA has noted that Kentucky’s own data from the 305(b) report submitted to Congress this year shows that coal mining is heavily damaging water resources in eastern Kentucky – data that the Beshear Administration

has ignored in continuing to issue 402 permits that add to the accumulated pollution levels.

The 305(b) report says that 82 percent of waters in the Big Sandy River basin are “impaired,” mostly from surface coal mining.

A coal company can be covered by the General 402 KPDES Permit unless the permit will: • Discharge into Cold Water Aquatic Habitat or Outstanding Resource Water, Outstanding National Resource Water and/or Exceptional Water.

• Discharge into a first or second order tributary of a publicly owned lake or reservoir.

• Involve the dredging of coal from waters of the Commonwealth.

• Involve the wet washing of coal.

• Disposal of coal slurry into waters of the Commonwealth or underground injection of slurry.

• Discharge within five miles upstream of an existing drinking water intake.

• Discharge into a stream that is already polluted with pollutants commonly associated with coal mining such as sedimentation, total suspended solids, total dissolved solids, conductivity, iron, manganese and metals and the stream is listed on the 303(d) or 305(b) list of polluted streams.

and approve them, require greater pollution prevention methods be taken or deny them.

July 2010 July 13 – EPA performs a review of Clean Water Act permits for surface mining in Appalachian States and identified that Kentucky had failed to uphold water pollution limitations from coal mining activities.

July - October 26 th - Kentucky

allowed more than 100 pollution discharges to be covered by Kentucky’s General 402 KPDES permit for coal mining activities.

October 2010 October 18 – The Kentucky Coal Association files suit against the EPA in the United States District Court in Pikeville, opposing the use of the conductivity guidance in denying 11 Individual 402 KPDES permits for coal mining.

October 19 – The Commonwealth of Kentucky joins the lawsuit, siding with the Kentucky Coal Association.

Canary Brief An independent scientific review confirmed U.S. EPA research that shows valley fills associated with mountaintop removal mining are associated with increased levels of conductivity and that these increased levels of conductivity threaten stream life in surface waters.

In April of this year, based on these conclusions, EPA issued numeric water conductivity standards.

Water conductivity measures the ability of water to pass an electric current — that, in turn, is affected by the presence of pollutants, such as selenium and arsenic. The higher the conductivity, the more pollution is present. The new conductivity standards, if enforced, will significantly limit valley fills in Kentucky.

balancing the scales, November 5, 2010

Page 15

Canary Project Update

The Cross in the Mountains: a prayer service for renewal

by John S. Rausch

With storm clouds giving the sky a changing pattern of various lights and darkness, 75 of us gathered at Wiley’s Last Resort on September 11 near Whitesburg for a religious service. We designed “The Cross in the Mountains” as an ecumenical prayer service to renew Appalachian communities, although the 4-acre prayer site looked onto Black Mountain where strip mining was eating away part of Kentucky’s highest ridge and many of the prayers specifically alluded to mountaintop removal (MTR).

Still, the prayer service advertised a holistic view for community: a healthy environment for children, safety for miners, sustainable jobs for the unemployed, healthy forests, clean water and security from flooding and property damage from MTR.

For some time religious leaders have wanted to cast MTR in an ethical and religious context. It represents one of the few ways of appealing to church-goers who think only in economic perspectives. We wanted a prayer service that involved the participants atop a mountain in the vicinity of MTR where the contrast of human greed and the grandeur of God was clearly visible in creation.

The Way of the Cross (Latin: Via Crucis) offered a pliable prayer format that lent itself for reflection about a variety of issues in the mountains. Made popular in the late middle ages, the Way of the Cross traces the last hours of the life of Christ in 14 stations (or “pauses for reflection”) from his condemnation

by Pilate to his burial and resurrection.

Just as the Way of the Cross invites a believer to relive the hours of torture and crucifixion of Christ, we recalled the

KFTC Canary Fellow Teri Blanton (second from right) received the Revel Award from the Rainforest Action Network (RAN). Also honored were Amy Goodman of Democracy Now, Rivani Nopor and Uki Serara for being true defenders of the rainforest, and Robert F. Kennedy Jr. who, along with Teri, was honored for work to stop the destructiveness of coal and for sustainable energy.

RAN has been the leader in corporate campaigns to get banks to stop financing mountaintop removal mining. Within the last two years, Bank of America, Citi, JPMorgan Chase, and Wells Fargo along with Credit Suisse and Morgan Stanley have passed policies limiting their financial relationships with coal operators that practice mountaintop removal.

Over the last couple of years, KFTC members have joined RAN at several bank shareholder meetings to educate corporate officers and other shareholders of the effects that their decisions have on the lives of the Appalachian people. The public witness continued in September during Appalachia Rising with an action at a PNC Bank location in Washington, DC. PNC finances mining companies responsible for almost half of all mountaintop removal coal mined in the U.S.

KFTC member Mickey McCoy (right) held a cross bearing a heart shaped lump of coal at “The Cross in the Mountains” stations of the cross service. torture of Earth and its possible death as we walked from station to station.

In the first station (“Jesus Is Condemned to Death”) we remembered that “The broad-form deed condemned the land.” On the eighth station (“Jesus Consoles the Women of Jerusalem”) we recalled that “Mothers and spouses weep over the death of miners.” At the eleventh station (“Jesus is Nailed to the Cross”) we reflected that “Drug and alcohol addiction nail many, especially the young, to a cross for life.”

Slowly, reverently the participants moved from station to station following a large processional cross while holding smaller ones with sins against creation written on them. Larry Sloan, an artist from Knott County, designed the processional cross weighing about 25 pounds that featured a lump of coal nearly shaped like a heart at the crossbeams with barbed wire around it.

When the service ended the cross stood on the property’s edge with the scars of Black Mountain in the background.

The individual white crosses held by participants enumerated sins against creation: “Water Pollution,” “Blasting that threatens life,” “Methane in water wells,” “470 Mountains Leveled” – more

than 30 sayings in all. Hoping for a huge turnout, we made 190 hand-held crosses, but those not used went to KFTC participants who carried them in D.C. at Appalachia Rising two weeks later.

“The Cross in the Mountains” represented prayer both vertical and horizontal. The bagpipes played by Sam Newton from Maryville College and the Requiem for the Mountains composed and sung in Latin by Dr. Hunter Hensley of Eastern Kentucky University stirred the heart in a heavenward way asking for God’s help. The prayers that identified the sins against creation moved participants to rededicate themselves to a safer environment, alternative jobs and the renewal of Appalachian communities.

In the end, “The Cross in the Mountains” combined elements of a demonstration, a celebration and a time of prayer, but most agreed the experience was emotionally stirring and deeply spiritual.

John S. Rausch, a Catholic priest and member of KFTC, directs the Catholic Committee of Appalachia and lives in Stanton, Ky. Follow this link to watch a 6-minute video from the Stations http://www.youtube.com/watch?v=WKhC-CtdQOw

Donation Box: We are looking for a photocopier

for our Jefferson County Office. If you have anything that is currently working that you would like to donate, please contact the office at 502-589-3188.

Page 16

balancing the scales, November 5, 2010

Rural Electric Cooperative Update

Kentucky House leadership supports on-bill financing

Last month, Speaker of the House Rep. Greg Stumbo, House Majority Leader Rep. Rocky Adkins, and House Majority Whip Rep. John Will Stacy submitted a letter to the Kentucky Public Service Commission (PSC) in support of an on-bill financing pilot program.

If approved by the PSC, the program would make funds available to four rural electric co-ops in Kentucky to help 200 households that are most vulnerable to rising electric rates make energy efficiency improvements to their homes.

The improvements would save the households money on their electric bill and part of these savings would be used to pay off the improvements.

MACED (the Mountain Association for Community Economic Development) is working with the following four co-ops to seek approval for a new tariff mechanism to get the pilot programs off the ground: Big Sandy Rural Electric Cooperative, Grayson Rural Electric Cooperative, Jackson Energy, and FlemingMason Rural Electric Cooperative.

KFTC has hundreds of members in counties served by these co-ops, and several members have been working for more than a year to bring “new power” – including new clean energy power in the form of increased energy savings programs – to their co-ops.

Here is the full letter from the repre-

sentatives to the PSC: We are writing in support of the joint application of the Big Sandy Rural Electric Cooperative, Fleming-Mason Energy Cooperative, Grayson Rural Electric Cooperative and Jackson Energy Cooperative for approval of a pilot “On Bill” financing program titled the “KY Energy Retrofit Rider.”

The proposed pilot project presents an opportunity to test and fashion a utility based program to help Kentucky electric customers access financing for affordable energy efficiency retrofits for their homes and businesses. The resulting reduction in energy consumption will realize savings for the property owners and help slow the demand for new electric generation, a savings for all customers of the participating cooperatives. As proposed it is important that capital for the energy efficiency retrofits will be provided by MACED through various funding sources rather than an expense or liability of rate payers.

Reducing demand for energy is an important component of Kentucky‘s energy policy. As a two year pilot with limited participation the proposed program creates an opportunity to refine and improve upon the concept before deployment on a wide spread scale.

We encourage you to approve the proposed program to begin this important undertaking.

Several KFTC members applauded

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the strides made toward this program by MACED and the co-ops, and expressed appreciation for the support of House leadership.

“It is encouraging to see Speaker Stumbo, Floor Leader Adkins and House Majority Whip John Will Stacy acknowledging that energy efficiency programs are needed to help low income Kentuckians struggling to pay constantly rising utility bills,” said Doug Doerrfeld, a KFTC and Grayson Rural Electric Co-op

member. “Disconnection rates are soaring across Kentucky as this crisis begins to unfold.

“It is imperative that in the next legislative session these House leaders work to pass energy efficiency standards for Kentucky to increase the benefits of energy efficiency to all Kentuckians struggling to pay their bills.”

The co-ops and MACED are now awaiting the PSC’s ruling on the program.

In early October, KFTC and rural electric co-op members Tona Barkley and Steve Wilkins were on the radio in New Hampshire and broadcast nationally, talking about the movement to bring new power to rural electric co-ops both in Kentucky and across the nation.

Barkley and Wilkins were invited to participate as the main guests on the Burt Cohen Show after Mr. Cohen, the host, read about KFTC’s work and other co-op reform work in the Huffington Post.

Both members did a wonderful job of laying out for the national audience what the co-op reform movement is all about – how working for more democ-

racy and transparency can bring about more clean energy power.

Weaving together personal stories with discussions of campaign finance reform, energy efficiency retrofits, clean energy legislation, Kentucky politics and more, they paint a vivid picture how co-op members and KFTC members are working to bring “power back to the people.”

If you’re interested in clean energy and hearing Barkley and Wilkins share KFTC members’ work with the world, this broadcast is worth a listen. Listen to the podcast here:

http://burtcohen.com/Portals/0/ RadioShows/KentuckyPower.mp3

Co-op members share reform ideas with national radio audience

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balancing the scales, November 5, 2010

Annual membership meeting empowers members to use their personal stories to build new power in Kentucky

KFTC members got personal at the 2010 Annual Membership Meeting, exploring the power of their own stories to bring about social change.

Our Stories: The building blocks of New Power, held October 8-10 at the 4-H Leadership Center in Jabez, asked participants to think about their own place in the movement for social, environmental and economic justice and to craft their own stories as a means of connecting with others around divisive issues.

Unlike rhetoric and ideology, stories are personal and create a connection between people with shared values. Even someone who doesn’t know all the facts or solutions has a story. As Madison County member Greg Capillo said, “No one can take your story from you.”

In skill building workshops, members began by thinking about how they became involved in a particular issue – “the story of self.” Then they moved beyond themselves to the “story of us” and the story of the moment.

Madison County member Megan Naseman described her own evolution from a kid who loved to climb trees to a “botany nerd” at Berea College who got involved with KFTC when she visited Floyd County to test streams affected by mountaintop removal mining. And finally to the side walk in front of the White House, where she was arrested in September for protesting mountaintop

removal as part of Appalachia Rising.

“I’m just one person who has a story of why we chose to sit down in front of the White House,” she said.

Naseman pointed to this moment in history, when conversations about mountaintop removal have spread across the region and the nation, as a time when stories have real potential to move us beyond this destructive practice. “Right now these conversations are on the tip of the tongue of a lot more people than are in this room,” she said.

Stories have the power to inspire hope and action and create a sense that “we’re all in this together.” Values such as equality, democracy and the right to clean air and water motivate people and connect them to others with shared values. Stories can also activate new “frames” in our minds that enable us to think about issues in new ways.

Tona Barkley of Owen County described a faith-centered upbringing that taught her the sacredness of the land and her connection to nature.

Concerned about the effects of coal mining and burning, Barkley began to see herself as part of something larger and got involved last year in KFTC’s work to prevent a new coal-burning power plant in central Kentucky.

“Our call to action sometimes seems overwhelming – it does to me,” said Barkley. But the movement is gaining momentum and a new day is possible

in Kentucky, she said.

“This day is ready to be born, people. It’s up to us to bring it into being,” Barkley said.

Participants were urged to keep working on their stories beyond the weekend and practice sharing them with others.

Inspiration, business and fun

The annual meeting is an opportunity for KFTC members to come together and inspire each other, recognize hard work and heroic efforts, elect new officers, and have some fun.

At the Saturday evening banquet, more than 60 people and organizations were recognized for outstanding work at the local, state and national levels during the past year (see page 18 for names).

Between workshops, members hiked the grounds around the leadership center, jumped in the lake, and picked music on the porch. At the Home Grown Talent Show Saturday night, they regaled each other with an assortment of acts from social justice cheerleading to poetry and even an Abe Lincoln monologue.

Before wrapping up on Sunday, members got down to business: electing statewide officers, approving new and returning chapters, and adopting changes to the issue platform. For more photos of the event, visit www.kftc.org/ am-photos.

Page 17

A letter to my new family

by Jennifer Wurts

Last month, I attended my first ever KFTC event - the Annual Membership Meeting in Jabez, KY. At the risk of sounding melodramatic – it made my life finally make sense.

I went last weekend because in third grade I learned about endangered and extinct species, and I cried. And then water conservation, and I demanded that my parents insulate the pipes so we wouldn’t run the water as long waiting for it to get hot. I rode my bicycle up and down the alley behind my house near the middle of our small town, between the tree-lined train tracks and the cornfield with the rainbow-colored morning glories growing up the stalks. And while I pedaled, I plotted how I would save the world. I imagined myself giving grand speeches at the next school assembly after we all sang “Proud To Be An American” and then me and my classmates saving the environment. But how, exactly?

It was too tall an order for a third grader, I felt too overwhelmed by the immensity of the task to save the planet and the people who called it home, and so I gave up....

To read the entire blog visit www.kftc.org/wurts

Page 18

balancing the scales, November 5, 2010

Awards from the 2010 annual membership meeting Special Friends Awards: Arizona Chansler, volunteer; Justin Maxson and Jason Bailey, Mountain Association for Community Economic Development; Kentucky Environmental Foundation, ally in the Stop Smith Campaign; Cumberland Chapter of Sierra Club, ally in the Stop Smith Campaign; Layla & Austin Musselman for hosting the Ashbourne Farms Barn Party fundraiser in July; Linda George for faithful work in support of KFTC Ally of the Year Award: To the ally that has done the most over the past year to support KFTC’s work: Rainforest Action Network for its corporate campaign to stop mountaintop removal Executive Committee Awards: Presented to Executive Committee members for their service: Susan Williams, Pam Maggard, Steve Boyce, Doug Doerrfeld, K.A. Owens Grassroots Fundraising Award: Jefferson County Chapter

Membership Recruitment Award by number of new members: Jefferson County Chapter Welcome to the Family Award: Scott County KFTC Chapter, Northern Kentucky KFTC Chapter Membership Recruitment Award by the largest percent of growth: Floyd County Chapter Sister Marie Gangwish Award: To the member who has worked steadily and creatively to raise the grassroots funds that support KFTC’s success: Heine Brothers’ Coffee, Louisville Evelyn Williams Award: To the member who persevered against great obstacles and over time to win an important victory: Beverly May, Floyd County Alice O. Martin Award: To the member who has done the most work behind the scenes to strengthen KFTC as an organization: Ted Withrow, Rowan County

Members from Bowling Green and Berea took a few minutes to take a “family” photo at the Annual Membership Meeting.

Daniel Thompson Bridge Builder Award: To the member who has diligently and faithfully worked to bring together diverse groups of people within KFTC: Becki Winchel, Jefferson County Joyce Wise Award: To the KFTC member who has overcome personal adversity to help others: Russell Oliver, Perry County Gladys Maynard “The Start of Something Big” Award: To the member(s) whose commitment and action leads to the development of a major movement or event in the cause for justice:

At the Annual Membership Meeting members learned how to build and tell their personal stories about how they became involved in social justice work.

KFTC youth leaders who met with the governor’s staff in February: Makayla Urias, Hollis Maxson, Myles Maxson, Megan Naseman, Greg Capillo, Kathryn Dunn, Patrick Dunn, Lauralee Crain, Daniela Bartlett, Claire Sandberg, Elliott Sandberg, Zac Danneman, Austyn Gaffney, Nikita Perumal, Molly Kavia, Xandi Atkins, Molly Ford, Mary Haddix, Amanda Randall, Becky Jones, Jackson Konty, Meredith Merrill, Jacob Moody, Abby Rudolph

Joe Begley and Everett Akers Award: To the member who is jailed, loses a job, or faces some other major adversity because of their work for social justice: Bob Burns, Rowan County; KFTC members and staff who were arrested in an act of civil disobedience during Appalachia Rising: Beverly May, Rick Handshoe, Teri Blanton, Colleen Unroe, Jason Howard, Greg Capillo, Megan Naseman, Cari Moore, Mickey McCoy, Paige Cordial, Andy Long, Jimmy Hall, Jen Gilomen, Cassie Pfleger, Betsy Taylor Funder of the Year Award: To the individual or organization that has provided exceptional guidance and resources to KFTC in its struggle for social justice: Atlantic Philanthropies Hazel King Lifetime Achievement Award: To the KFTC member who has committed his or her life in the service of others by working for social justice: Doug Doerrfeld, Elliott County

balancing the scales, November 5, 2010

Page 19

High Road Initiative Update

A post-coal economy: What can Appalachia learn from Wales?

KFTC members attended the symposium “Appalachia and Wales: Coal and after Coal” Oct 14-16 at Appalachian State University in Boone, NC. The event focused on the historical ties and parallel trends in production between coal-mining regions in Appalachia and Wales over the last century.

Like Central Appalachia, Wales has a long history of coal mining. Yet most of the mines in Wales shut down in the

1980s, forcing former mining regions to find alternative ways to sustain their communities.

During the event, a range of scholars, artists and activists provided an interdisciplinary view of how issues relating to coal, climate change, economy, and technology have shaped the coalfields of South Wales and Appalachia.

KFTC members participated in two panels related to economic transition

for coalfield communities.

Sylvia Ryerson, a VISTA working with WMMT-FM in Whitesburg, wrote a blog post for the Institute of Rural Journalism, which can be found at: http:// irjci.blogspot.com/p/appalachian-coal. html. Sylvia also produced a WMMT spot that can be heard at: http://appalshop.org/wmmt/node/2204.

KFTC’s Randy Wilson’s music and storytelling was featured on Friday

evening of the gathering. KFTC’s close ally Appalachian Voices hosted a meet, greet and eat at their offices for the many grassroots folks attending the event.

Event co-organizers, KFTC member Tom Hansell and Pat Beaver, and Appalachian State University provided support to bring KFTC members and other regional coalfield residents to participate in the symposium.

The Kentucky Sustainable Energy Alliance (KySEA), of which KFTC is a founding member, tabled at the Governor’s Energy Conference on October 20 and 21 in Louisville.

Members had many good conversations with Kentuckians from across the state who are interested in what they can do to move Kentucky towards a clean energy future.

Several school teachers stopped by the table, interested in how they could move their schools towards clean energy.

People interested in installing solar panels on their homes were curious who they should contact to make that happen. Business owners and other individuals asked how they could contribute towards KySEA’s efforts to pass clean, affordable and sustainable state

energy policy.

KySEA’s presence was particularly important given that the conference seemed to have a theme of “transition.”

Presentations throughout the two days focused on how Kentucky’s and the nation’s energy landscape are shifting and that an increase in renewable energy sources and a decline in the use of coal-burning power are inevitable.

Kentucky Energy Secretary Len Peters stated that through the conference “we are exploring ideas for how we make this transition, this transformation go most smoothly for everyone.”

KySEA is an alliance of individuals, businesses and organizations working together to promote clean, sustainable and affordable energy solutions for Kentucky. It was

formed in 2009. Given the changing energy landscape and the needs of so many families facing skyrocketing energy prices, KySEA

is poised to do exciting work over the next few years. Visit www.kysea.org to learn more!

KySEA attends Governor’s Energy Conference to broaden discussion

Page 20

balancing the scales, November 5, 2010

Celebrate the Holidays with KFTC Red Mountains Tee: American Apparel Available in Adult Sizes: XS, S, M, L, XL, XXL Available in Baby Doll Sizes: M, L

Nov. 16

Northern Kentucky chapter meeting, 7 p.m., Florence City Building, 8100 Ewing Blvd., Florence.

Nov. 16

Perry County chapter meeting, 6 p.m., Hazard, KY. Contact Colleen Unroe for more information, Colleen@kftc.org or 606-632-0051

Nov. 17

“Deep Down: A Story From The Heart Of Coal Country” screening at the MLK Neighborhood Association, Lexington, KY. 7 p.m.

Contact Ondine Quinn for more information 859-276-0563 or Ondine@kftc.org

Nov. 18

Central Kentucky chapter meeting, 7 p.m. at the Episcopal Diocese Mission House (on the corner of Martin Luther King Blvd. and 4th Street) in Lexington.

Nov. 18

Rowan County chapter meeting, 6 p.m. at St. Alban’s Episcopal Church on 5th Street in Morehead.

Nov. 20

Artists For A Sustainable Future: Which Side Are You On, 8 p.m.

University of Kentucky Memorial Hall. $ 12 general admission, $5 for students, kids free (18 and under). Advanced tickets-- at the UK Student Center Box Office. Musicians Carla Gover, Randy Wilson, Kentucky Wild Horse, and the Reel World String Band along with storyteller Octavia Sexton, after withdrawing from the Alliance Coal sponsored stage at the World Equestrian Games, have banded together for an alternative concert. The performers chose not to participate at the WEG Kentucky Experience Pavilion, refusing to perform beneath a banner promoting “clean coal”.

Nov. 22

Madison County chapter meeting, 7 p.m. at Child Development Lab on Jefferson St., Berea.

Nov. 23

A Year In The Vanishing Wilderness

Bowling Green chapter meeting, 6:30 p.m. at ALIVE Center, 1818 31W, contact Jessica for more information, 859-276-0563 or Jessicabreen@kftc.org.

Dec. 2

Signed by Author Erik Reece

Harlan County chapter meeting, contact Colleen Unroe for more information. Colleen@kftc.org or 606-632-0051

Dec. 2

Scott County chapter meeting, 7 p.m., St. John Church, 604 Main St., Georgetown.

Dec. 13

Jefferson County chapter meeting, 6:30 p.m. at the Main Public Library in the Board Room. (301 York Street).

We went to the mountaintop but it wasn’t there.

Dec. 13

Floyd County chapter meeting, 7 p.m. at St. Martha Catholic Church near Prestonsburg.

35 Kentuckians write against mountaintop removal mining

Dec. 11

Harlan County Chapter Lynch Community Celebration. Come celebrate the Harlan County chapter’s efforts to protect our communities and create a better future. Benham, Lynch and Black Mountain will receive a plaque regarding their designation as the National Trust for Historic Preservation’s Designation that this area is one of the 11 Most Endangered Historic Places in 2010.

Time: TBD, held at the East Kentucky Social Club. Contact Colleen Unroe for more information, Colleen@kftc.org or 606-632-0051

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Songs for the Mountaintop A collection of songs by Ken­ tucky Artists Against Moun­ taintop Removal, including: Jean Ritchie, The Betweeners, George Ella Lyon, Clack Mountain String Band, Kate Larken, Anne Shelby, Reel World String Band, The Doolittles, Randy Wilson, Ford MacNeil, Fred Brown & Tom Gilliam, and Brett Ratliff.

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Dec. 16

Central Kentucky chapter meeting, 7 p.m. at the Episcopal Diocese Mission House (on the corner of Martin Luther King Blvd. and 4th Street) in Lexington.