Category Archives: Coal Mining

Mountaintop Removal’s Health Impacts Examined

National Academy of Sciences to hold forum in Logan to examine impact of MTR on human health

Courtesy Submission

LOGAN, W.Va. – Three citizens’ groups that for decades have called for an end to mountaintop removal coal mining are urging their members and concerned citizens to speak up on the human health impacts of mountaintop removal coal mining during a May 23 town hall meeting hosted by a study committee of the National Academy of Sciences (NAS).

MTR 2_OVEC

Mountaintop Removal in W.Va.

As reported in the Charleston Gazette in August, 2016, the committee is charged with examining “a ‘growing amount of academic research’ that suggests ‘possible correlations’ between increased public health risks for Appalachian residents and living near mountaintop removal coal mining.”

The May 23 meeting is the second meeting of the committee as it seeks public input. It takes place at the Chief Logan Lodge, Hotel and Conference Center, 1000 Conference Center Drive here. The committee is to examine the potential human effects of surface coal mining operations in Central Appalachia. Citizens commonly refer to all large surface coal mines as mountaintop removal operations.

The meeting consists of two parts, beginning at 12:35 p.m. with an “open session” where panelists will make presentations to the committee. If registered in advance, the public will be able to attend, but not ask questions during the open session, which ends at 4 p.m. The deadline to register in advance was Friday, May 19.

The Town Hall forum at 6:30 requires no RSVP; opportunities to speak to the committee (3 minutes each) will be reserved at a first-come, first-serve basis. Please show up early to get your place in line!

Panels include one with representatives of state agencies and one with coal industry representatives. Also on a panel are representatives of the three groups urging their members to speak up—Coal River Mountain Watch, OVEC (the Ohio Valley Environmental Coalition), and the West Virginia Highlands Conservancy.

The second part of the meeting begins at 6:30 p.m. with a “town hall forum,” held, according to NAS, to “gain insights and information from people living in the surrounding communities. The National Academies study committee invites community members to attend and share their perspectives on this topic. The focus of the study is people living near coal-mining areas rather than on occupational health of coal mine workers.”

Later in the summer, meetings will be held in other states. People may also comment online.

“Mountaintop removal has ravaged the health of our communities for far too long,” says Coal River Mountain Watch executive director Vernon Haltom. “Enough solid science now tells us what common sense has told us for years: that breathing the fine, glassy silica dust from mountaintop removal sites is hazardous to our health. This ongoing practice needs to end now, and we hope the NAS committee comes to that conclusion for the sake of public health.”

“A serious review of the dozens of health studies that have been conducted this past decade is long overdue and much appreciated,” says Cindy Rank of the West Virginia Highlands Conservancy. “We encourage the National Academies team to listen carefully to the community voices whose stories and fears will impress upon you the importance and urgency of your review and recommendations.”

Haltom and Rank are two of the environmental group panelists. They will be joined by Natalie Thompson, OVEC’s executive director.

“The blasting, the worry about the next flood, the loss of your homeplace and community, these and more take a heavy toll on health,” says Vivian Stockman, OVEC’s vice director. “The NAS committee is asking to hear from the public – unlike so many politicians – so please come tell them what you know about what mountaintop removal does to your health and wellbeing.”

Background:

People living near mountaintop removal operations have long claimed that this extreme method of coal mining is making them sick. In 2004, for the draft environmental impact statement on mountaintop removal /valley fill coal mining (MTR), citizen groups compiled people’s statements about their health and wellbeing and MTR.

As the movement to end mountaintop removal grew, people’s demands that the health concerns be addressed grew, too. While politicians kept their heads in the sandresearch accumulated, corroborating what residents were (and still are) saying: MTR is really bad for human health.

MTR rally participants 2

Participants in The People’s Foot Rally Photo ©Chuck Wyrostok/AppaLight.com

People have pushed copies of all the studies into politician’s hands, in Charleston and in D.C. Folks have educated one another. Legislation, the Appalachian Community Health Emergency (ACHE) Act, has been introduced in the U.S. Congress. Rallies have been held. One of them, The People’s Foot, finally struck a chord. According to the Charleston Gazette, “The federal scientific effort also comes after West Virginia Department of Environmental Protection (WVDEP) Secretary Randy Huffman surprised citizen groups in March 2015—on the eve of a protest planned at his agency’s headquarters—by publicly saying that the health studies needed to be more closely examined by regulators, and the commitment less than a week later by Huffman and state Public Health Commissioner Dr. Rahul Gupta for a review of the issue.”

The NAS study wasn’t formally announced until 2016. News articles noted that the study came at the request of the WV DEP.  It was citizen pressure that brought DEP to finally make that request.

We urge citizens to keep up the citizen pressure. Come out May 23 in Logan, or come to one of the other upcoming meetings in other states, or send in comments.

For additional information, contact:

Vernon Haltom, CRMW, 304-952-4610 or vernon@crmw.net
Cindy Rank, WVHC, 304-924-5802 or clrank2@gmail.com
Vivian Stockman, OVEC, 304-522-0246 or vivian@ohvec.org

Don Blankenship Got by with Murder

His shameless contempt for working people is business as usual in West Virginia

By Michael M. Barrick

I was with my uncle once when he was appealing a local property tax assessment. He was told that he had the right to appeal, but that the appeals board could, if it wanted, actually raise his taxes if they deemed it appropriate. They could also uphold it, or reduce it, but that initial caveat was enough to give pause.

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Don Blankenship (Credit: Wikipedia)

It’s too bad that isn’t the scenario faced by Don Blankenship as he appeals his conviction to the U.S. Supreme Court for conspiring to violate mine safety laws. He just recently completed his paltry one-year prison sentence for that conviction, which was based on charges after 29 coal miners were killed at the Upper Big Branch (UBB) mine, which at the time was owned by Massey Energy. Blankenship was its CEO and court testimony revealed that he was intimately involved in the conscious efforts to violate mine safety standards – violations that eventually led to the explosion that killed the UBB miners. These facts were supported by the “Report to the Governor” by the Governor’s Independent Investigative Panel. It characterized the April 5, 2010, explosion: as “ … a failure of basic coal mine safety practices.”

So, if there was justice in this country, Blankenship could appeal, but would face these options, as did my uncle:

  1. Conviction upheld
  2. Conviction overturned
  3. Conviction upheld, and the judges rule that the one-year sentence was a perversion of justice and that Blankenship is to immediately be returned to prison for the rest of his life.

Unfortunately only the first two options are available. So, the families of those killed at UBB are again subjected to another news cycle of Don Blankenship pretending he is not only innocent, but as he wrote in his little pamphlet after his conviction, “An American Political Prisoner.”

Meanwhile, surviving family members of the UBB tragedy are unwilling prisoners to the memories of their lost loved ones, for that and photographs is all that is left of them.

This, sadly, is too typical of the stories out of West Virginia. Don Blankenship got by with murder. His self-published book is infuriating; his continuing denials and appeals nauseating.

The state of West Virginia is the poster child for the horribly negative effects upon working class people by crony capitalists. This is not news. Sadly, to a large extent, the people of the Mountain State have brought this upon ourselves. We elect people to office who not only refuse to ensure proper laws and regulations are in place to protect miners and all of the state’s workers, but also instead roll them back.

The discovery of coal, gas and oil throughout the state in the 19th century led to an unholy alliance among industrialists and politicians; to this day, it continues to subjugate the people of West Virginia for its own personal profit. The judiciary is next to useless, as it is full of minions financed by – you guessed it – Blankenship. The new governor, Jim Justice, not only has a record of ignoring and delaying payment of fines for his own mining operations, he is the state’s richest man. He talks the game, but his record suggests that his preferential concern is for his cronies, not his constituents.

wv-dep-logoMeanwhile, the state’s Department of Environmental Protection (DEP) is known throughout the state as the “Department of Everything Permitted.” And, that was before Justice purged it of previous top officials who were constantly criticized by environmental and public health advocates. In comparative hindsight, they were true champions of the people. So, despite the evidence of extreme threats to public health and the environment, Mountaintop Removal permits are rubber-stamped by DEP, despite the best efforts of citizens and environmental groups such as Coal Mountain Watch, OVEC, and countless others.

Meanwhile, anyone attending the various meetings for the proposed Atlantic Coast Pipeline and Mountain Valley Pipeline has witnessed the collusion among industry, politicians and law enforcement, in scenes reminiscent of the West Virginia Mine Wars when private detectives and local cops worked for the coal companies. At one meeting in Jackson’s Mill in 2014, I saw several hundred residents – some who had driven more than two hours over the state’s winding roads – leave in total disgust. They saw that the cards had been stacked against them before they walked through the door. What had been billed by industry officials as a “town hall” was really an opportunity to spew forth propaganda. They aligned themselves as if at a trade show. There was absolutely no opportunity for citizens to ask questions in a public forum that would have allowed for give-and-take. The gas company knows how to silence citizens. But just in case they failed, standing outside were several county deputies dressed in full riot gear.

The message was delivered loud and clear: We’re in charge, this is a show, and there is nothing you can do about it.

It is this absolute control of West Virginia’s economy and political system by the fossil fuel industry that allows them to be disdainful of the people of West Virginia – and to cause Don Blankenship to delude himself into thinking he’s a political prisoner. The truth is, he is simply another fat cat conducting business as usual in West Virginia, and getting by with murder in the process.

State seal_old goldWest Virginia’s state motto is “Mountaineers Are Always Free.”

Well, we aren’t. In fact, it is we, not Don Blankenship, which are the political prisoners. If only we had the fight in us that Blankenship has. How long will we be prostrate at the feet of the likes of Blankenship?

© Michael M. Barrick, 2017

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To receive a PDF of the Governor’s Independent Investigative Panel on the UBB disaster, send an email to michaelbarrick56@gmail.com

An Open Letter to W.Va. Governor Justice and DEP Secretary Caperton

On behalf of all West Virginians, I challenge you to serve the people, not your cronies in the fossil fuel industry

By S. Tom Bond

 Note: I have penned the following Open Letter to Governor Jim Justice and Department of Environmental Protection Secretary Austin Caperton; I encourage you to do the same or join us in signing this by contacting the Mountain Lakes Preservation Alliance at MLPAWV@gmail.com or use the contact page. 

Editor’s note: Both Justice and Caperton have long careers as energy company executives and have records’ – including recent firings at WV DEP – that the state’s environmental groups find counter to the DEP mission as does the Charleston Gazette-Mail. To get a sense of how things operate in Charleston, read this admission by former DEP Secretary Randy Huffman that the DEP is compromised by crony capitalism.

Tom bond

Lewis County Farmer Tom Bond tells his story in the Documentary Film ‘In the Hills and Hollows’ by Keely Kernan

Dear Governor Justice and Secretary Caperton:

How is the air down there in Charleston?  Still clean? Do you plan to move out into the country near some of the new Marcellus drilling industry? Maybe near a compressor station with eleven of those big engines, roaring and belching 24 hours a day?

jim-justice-3-mug

Jim Justice

Or perhaps near a well pad where there is 24 hour light and noise and chemicals and diesel smoke with lots of PM-2.5 coming out the exhaust. Particulate matter 2.5 microns or less is now known as a cause of Alzheimer’s-like effects, you know. Going to bring along your grandchildren and your Mom along? Families like that live out here, and the young and the old are particularly susceptible to toxic chemicals, smoke, fumes, and dust.

Maybe you are like the famous story on Rex Tillerson, who has inflicted that kind of misery on many thousands of people. Then he complained when a water tower to enable fracking was erected in sight of his own piece of earth.

Do you think those who drink water without the taste of chlorine shouldn’t complain when their well is poisoned with a complex mixture of water slickers, detergents, and anti-oxidants, antibacterial compounds, and God-only-knows what else? Maybe they deserve car-busting roads and interminable delays when they use public roads too?

I can see you demurring all the way from here. I think that you are like Rex Tillerson, the ultimate not-in-my-back-yard guy!

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Austin Caperton

So you are going to govern the state for all the people.  For all the people of West Virginia – like John J. Cornwell was governing West Virginia for all the people, including the miners, at the time of the battle of Matewan? Oh yes! Those corporations provided good living for officers and investors, but not miners. It’s been like that since West Virginia was established. Wealth carried off, mostly north and east, but occasionally to build a motel in Florida.

So I’m being a little hard on you. You are just doing it to bring jobs, jobs, jobs, you say?  You do realize gas and oil extraction are capital intensive and labor weak, don’t you? That once the drilling is done by those fellows brought in from elsewhere, they will go away and leave few permanent jobs? You certainly know several companies are developing automated drilling, so drilling labor will go the way of coal labor, too.

Oh yes! Obama killed coal the fable says. You really know better than that, don’t you? Coal companies, going to more mechanization, especially long wall and surface mining that can use huge equipment, killed coal jobs. That Obama fable was a tool, using prejudice and diversion of the truth, to affect voters who were slow to catch on.

What moral code do you have that allows collateral damage to rural residents in peacetime to profit private industry? Forget for the moment all the externalized costs, the true cost of the extraction, the damage to other industries, global warming, destruction of surface value for farming and timber, recreation and hunting.  What justifies forest destruction, land disturbances, public annoyances, and public health for fossil fuel extraction? Especially when last year 39 percent of new electrical capacity was solar and 29 percent was wind power.  (Coal has been showing a decrease for the last two years.)  There is no CO2 from the renewable resources!

HAOL DCWA

West Virginia residents stand in solidarity against fracking at the first “Hands Across Our Land” fracking protest iin 2015. Photo courtesy of Doddridge County Watershed Association

How do you decide people are unworthy of protection? Simply because of rural residence? Those who can’t afford to move elsewhere, or too attached to the family plot?

Hey guys, people out here are probably more astute than you think. Some of us don’t think very far ahead, and few are articulate, but, given time, it all becomes too clear.

West Virginia has the highest rate at losing population in the nation.  We have the lowest ratio of employment to employable people in the nation. College kids have been heading for the door, and so are a lot of high school grads.

Is corrupting the environment and allowing the wealth of our state to be carted off by favored industries your best game? That is the past, present (and future?) of Almost Heaven! We country folks keep hoping for better!

S. Thomas Bond is an eighth generation West Virginian writing from his farm in Jane Lew, W.Va. He is a farmer and retired chemistry professor. He is interviewed in Keely Kernan’s Documentary Film, “In the Hills and Hollows,” which is about the impacts of the fossil fuel industry in West Virginia. 

Postscript: Please note the irony of the slide show of beautiful West Virginia scenery on the governor’s website. Let’s not let him have a pass on using the state’s natural beauty to disguise the extreme damage he has done to the people, environment and legal system of West Virginia. – M.B.

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West Virginia Catholic Diocese Challenged to Reject Coal’s ‘Dirty Money’

The Diocese often remains silent, failing to promote its own teachings on justice and the environment

By Michael J. Iafrate

WHEELING, W.Va.  – During this presidential campaign, a light is being shined on the way corporate and other wealthy donors influence the political process. We have woken up to the fact that money corrupts politics. During this month of the sixth anniversary of the Upper Big Branch disaster, it is important, too, to see the corrupting influence of coal money on our churches.

Michael J Iafrate

Michael J. Iafrate

The Diocese of Wheeling-Charleston and Bishop Michael Bransfield have been admirably engaged in the work of charity in the state of West Virginia. Yet, they have been, on so many occasions, disappointingly reluctant to speak truthfully about one of the major causes of poverty and ecological wreckage in the region: the coal industry.

For example, the takeaway from the Bishop’s pastoral letter on mine safety, issued after Upper Big Branch, was that the tragedy “raises concerns.” But the coal industry itself says that such accidents “raise concerns.” The death of so many human beings at the hands of a systemically negligent industry should do more than “raise concerns.”

Whether faced with the coal industry’s repeated attempts to cheat retired miners out of their pensions and health care packages or the ongoing devastating stories from communities affected by mountaintop removal mining, the Diocese often remains silent, failing to promote its own teachings on justice and the environment. Even after the release of Pope Francis’ powerful ecological encyclical Laudato Si’, Bransfield downplayed its message for West Virginia, promoting instead the myth of “clean coal.” And the Diocese has yet to make any comments about the dangers of fracking which increasingly affects people in West Virginia. Why is this?

People of faith in Appalachia often suspect that dirty money from the fossil fuel industries compromises the church’s prophetic voice. Pope Francis has spoken about the corrupting influence of “dirty money,” saying, “I think of some benefactors of the Church, who come with an offer for the Church and their offer is the fruit of the blood of people who have been exploited, enslaved with work which was under-payed. I will tell these people to please take back their cheques. The People of God don’t need their dirty money but hearts that are open to the mercy of God.”

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A mountaintop removal site Photo courtesy of Ohio Valley Environmental Coalition

We must ask about the relevance of Francis’ words for the church in West Virginia, as it in fact has financial ties to the coal industry. Diocesan officials have stated publicly that the church draws money from unspecified “fossil fuel investments,” but will not disclose any further details about these investments or about its endowment in general, and one of the four lay members of Bransfield’s finance council is a former lobbyist for the National Coal Association. In 2008, according to multiple sources, Bransfield gave the green light to Sacred Heart Parish School in Williamson, W.Va. to accept charitable gifts from former Massey Energy CEO Don Blankenship, including the funding of a brand-new gymnasium for the school, brand new sports equipment, and full scholarships for 12 students for their six-year education.

One would think that after Upper Big Branch the church might be more reluctant to accept any more dirty money from coal barons. Yet, Catholic Charities of West Virginia opened a new facility in Greenbrier County in 2013 funded by a donation from mine owner Jim Justice, whose mines have been cited for hundreds of labor, safety, and environmental violations and for failure to pay various debts and taxes.

People like Justice and Blankenship give monetary gifts to the church to improve their community standing. For precisely this reason, Blankenship’s charitable activity was cited in over one hundred letters to U.S. District Judge Irene Berger asking for more leniency in the lead-up to his sentencing.

Despite its continued economic decline, Big Coal wants a return on their investment in the church. What kind of return are they getting? A diocesan spokesperson told me that the church opposes the abuses of the fossil fuel industries, such as mountaintop removal and the abuse of workers, but that it does so “quietly” because “banging a drum” about it would “not be prudent.” But what is the value of opposition that is not made public?

Such responses suggest that the Diocese is very concerned about how the church’s social justice teachings would be received by powerful industries in West Virginia if we were to preach them strongly and in public. When church leaders consistently accept money from coal barons, the “prudent” approach muzzles any social justice teaching the church might offer in defense of workers or of Earth’s ecological integrity.

The Diocese of Wheeling-Charleston and Bishop Michael Bransfield have … have been, on so many occasions, disappointingly reluctant to speak truthfully about one of the major causes of poverty and ecological wreckage in the region: the coal industry.”– Michael J. Iafrate

Many West Virginia Catholics would like to see their leaders boldly choose the side of justice and to “let justice speak loudly,” as the Appalachian Catholic bishops put it in their 1975 pastoral letter “This Land is Home to Me.” We do not expect the church to call for an immediate end of the coal industry, even as we transition to more diverse, life-giving economies. But we insist that the church must do better at denouncing—without ambiguity—this industry’s abuses.

Specifically, is it too much to wish that Bransfield condemn mountaintop removal and fracking and to apologize for promoting the lie of clean coal? Shouldn’t he promote clearly the church’s teaching on workers’ rights and oppose the continued attack on those rights that we saw in West Virginia’s recent legislative session, especially in the passing of the Right to Work bill? (The brief, vague diocesan statement issued on the legislation will not do). Might we expect him to join so many others explicitly calling for tougher penalties for those who violate mining regulations?

To do any of this, however, the church must be free of the corrupting influence of the coal industry’s financial gifts. On this anniversary of Upper Big Branch, the Diocese should exercise financial transparency and make a clear commitment to refuse the financial benefits of a destructive, death-dealing industry. As Pope Francis has said, we don’t need their dirty money.

[This is a shorter, edited version of a longer piece first published at Religion Dispatches, April 14, 2016.] 

© Michael J. Iafrate, 2016. 

Michael J. Iafrate writes from Wheeling, W.Va. He is a doctoral candidate in theology at the University of St. Michael’s College (Toronto) and Chair of the Board of Directors of the Catholic Committee of Appalachia. He can be reached at michael.iafrate@gmail.com. The views expressed in this article do not necessarily reflect the views of the Catholic Committee of Appalachia.

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Catholic Group Critical of Don Blankenship Trial Outcome

West Virginia chapter of Catholic Committee of Appalachia calls coal mining CEO’s trial ‘emblematic of the larger systemic disregard for human life and dignity in Appalachia’ 

CHARLESTON, W.Va. – On April 5, 2010, just as miners were changing shifts in mid-afternoon at the Upper Big Branch (UBB) coal mine in Raleigh County, W.Va., an explosion roared through the mine. Instantly, the 29 miners working in the mine for Massey Energy were dead, families were devastated and communities of southern West Virginia were forever changed.

Six years and a day after that avoidable tragedy, the misery continued for families of the dead miners, as they watched former Massey CEO Don Blankenship receive only one year in prison and a $250,000 fine. However, it was the maximum penalty that United States District Judge Irene Berger could impose. In December 2015, after a two-month trial, a jury found Blankenship guilty on just one misdemeanor count brought against him – conspiring to willfully violate safety standards. The same jury found him not guilty of securities fraud and making false statements.

The Blankenship trial and sentencing accentuates this disregard for human beings. The loss of life and justice for miners and their families call us to greater responsibility for one another, and we call for this responsibility to be reflected concretely in law.” – WV CCA Statement

Consequently, the trial’s outcome – both verdict and sentencing – compelled the West Virginia chapter of the Catholic Committee of Appalachian (WVCCA) to release a statement saying they are “outraged.”

In the statement, the WVCCA said it, “ … commends the judgment that Blankenship willfully put his employees in danger, a danger that cost twenty-nine miners their lives at Upper Big Branch Mine on April 5, 2010. Still, like many other West Virginians, we are outraged that conspiracy to violate mine safety regulations is categorized merely as a misdemeanor.”

CCA LogoThe WVCCA pointed out, “Had he been found guilty of the charges of which he was acquitted – lying to the federal security regulators and lying to his investors – Blankenship would have received a sentence of up to 25 years.” The WVCCA continued, “It is startling that, in our justice system, lying to those who have power in our society is a felony, while taking tragic risks with human life is a misdemeanor. The Blankenship case is another example of low sentences for those who take risks with public safety, a disturbing trend in our state seen also in the lenient sentencing of Freedom Industries executives responsible for the 2014 chemical spill in Charleston, West Virginia.”

The WVCCA noted that West Virginia’s bishop, Michael J. Bransfield, stresses “the temptation toward ‘maximization of profit’ can lead to a disregard for human beings and their needs and lead to ‘a new kind of powerlessness” (Bishop Michael J. Bransfield, “On My Holy Mountain: Mine Safety in West Virginia,” p. 4).

Indeed, in May 2011, a report affirming that conclusion was released by the Governor’s Independent Investigation Panel (GIIP) that was convened by former Governor (and now U.S. Senator) Joe Manchin. Among the panel’s findings were:

  • The disaster was preventable because basic safety systems failed and/or were disregarded;
  • These failure of safety systems was caused by a corporate culture by mine operator Massey Energy that put profits before safety;
  • Massey Energy was able to operate with such a corporate culture because its dominant influence in the West Virginia coalfields allowed it to exert inordinate influence on West Virginia political officials responsible for ensuring mine safety; and,
  • Those with regulatory oversight at both the state and federal levels failed in their roles as watchdogs.

At the time of the tragedy, the mine was owned and operated by Performance Coal Company, a subsidiary of Massey Energy. According to the GIIP report, “The explosion was the result of failures of basic safety procedures identified and codified to protect the lives of miners. The company’s ventilation system did not adequately ventilate the mines. As a result, explosive gases were allowed to build up. The company failed to meet federal and state safe principal standards for the application of rock dust. Therefore, coal dust provided the fuel that allowed the explosion to propagate through the mine. Third, water sprays on equipment were not properly maintained and failed to function as they should have. As a result, a small ignition could not be quickly extinguished” (p. 4). In short, Massey’s safety systems failed and both federal and state inspectors “…did not provide adequate and proper oversight” (p. 4).

Massey’s operating principles included political influence peddling without regard for campaign finance laws. “What is factual and well documented is that Massey Energy Chairman and CEO Don Blankenship had a long history of wielding or attempting to wield influence in the state’s seats of government” (p. 85). And, state inspectors knew that UBB was troublesome. Even though the West Virginia Office of Miner’s Safety and Training is notoriously understaffed, inspectors considered conditions at UBB so perilous that inspectors were on site at the mine for about 85 days in the year preceding the disaster, and had issued 330 violations totaling nearly $155,000 in penalties.

Inspectors can only do so much, though, asserted the panel. “The state’s failure at Upper Big Branch does not stop with safety issues inside the mine. The inability to protect the lives of miners is also a political failure – a failure by the state’s government to nurture and support strict safety standards for coal miners. If miners’ lives are to be safeguarded, the cozy relationship between high-ranking government officials and the coal industry must change, as must the relationship between the enforcement agency and the industry it regulates” (p. 89).

It added, “…Massey is equally well known for causing incalculable damage to mountains, streams, and air in the coalfields; creating health risks for coalfield residents by polluting streams, injecting slurry into the ground and failing to control coal waste dams and dust emissions from processing plants; using vast amounts of money to influence the political system; and, battling government regulation regarding safety in the coal mines and environmental safeguards for communities” (p. 92). Indeed, for the first decade of this century, Massey had the distinction of having the worst mine safety record in the United States. The 29 killed at UBB brought the company’s total deaths to 54 for the decade.

WV Coal Miner

A statue that is a tribute to coal miners at the capitol complex in Charleston, W.Va. (MB)

Even at the time of the disaster, Massey employees seemed to delay in their response. Though the explosion occurred just after 3 p.m., the first call for an ambulance was not made until nearly 4:30. Initially, the mine dispatcher called company officials, who in turn activated their own rescue teams and notified state and federal officials. It was not until the early morning hours of Tuesday, April 13 that all of the miners’ bodies had been recovered.

Blaming it on God

Nobody speaks to the corporate culture which allowed this preventable disaster better than Blankenship. Holding to the theory put forth by Massey that high levels of methane or natural gas just suddenly burst in through the mine’s floor (despite evidence to the contrary), he coldly said to the National Press Club on July 22, 2010 – less than three months following the accident – “The politicians will tell you we’re going to do something so this never happens again. You won’t hear me say that. Because I believe that the physics of natural law and God trump whatever man tries to do. Whether you get earthquakes underground, whether you get broken floors, whether you get gas inundations, whether you get roof falls, oftentimes they are unavoidable, just as other accidents in society” (p. 70). Yet, 94 years previously, Coal Age magazine asserted, “The next time you are about to say, ‘Accidents will happen,’ stop and think first; then you won’t say it. Only weaklings and incompetents evade responsibilities in this age of industrial safety and efficiency” (p. 74).

Or, as the WVCCA said, “ … as we noted in our recent pastoral letter, ‘Coal industry villains come and go, but the attitude which places profit above safety is deeply embedded in the coal economy.’”

The WVCCA concluded, “The Blankenship trial and sentencing accentuates this disregard for human beings. The loss of life and justice for miners and their families call us to greater responsibility for one another, and we call for this responsibility to be reflected concretely in law. We, again, join our bishop in saying ‘The Church has an obligation to continue to remain vigilant in these areas to ensure that justice is served and human dignity is protected. This is an essential part of proclaiming the Gospel of Life’” (Bishop Michael J. Bransfield, “On My Holy Mountain: Mine Safety in West Virginia,” p. 5).

Postscript

The day after his sentencing, Blankenship filed a notice of appeal of his case to the U.S. 4th Circuit Court of Appeals. Of course, the dead miners and their families have nowhere that they can file a notice of appeal to reverse the course their lives took six years ago. But that is justice in Appalachia.

© Appalachian Chronicle, 2016

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Two Appalachian Crayfishes Protected Under the Endangered Species Act

U.S. Fish and Wildlife Service responds to petition from the Center for Biological Diversity

CHARLESTON, W.Va. – In response to a petition from the Center for Biological Diversity, the U.S. Fish and Wildlife Service today protected two species of crayfish from Appalachia under the Endangered Species Act. The crayfishes have been lost from more than half of their ranges because of water pollution, primarily from coal mining. The Big Sandy crayfish is known only from the Big Sandy River basin in eastern Kentucky, southwestern Virginia and southern West Virginia; the Guyandotte River crayfish is known only from the Guyandotte River basin in southern West Virginia.

“Protecting these two crayfishes under the Endangered Species Act will not only ensure their survival but will also protect streams and water quality that are important for people,” said Tierra Curry, a senior scientist at the Center and a native of southeastern Kentucky.

Big_Sandy_Crayfish_Guenter_Schuster_FPWC.jpg

Big Sandy Crayfish.Photo by Guenter Schuster

The Center and regional allies petitioned to protect the Big Sandy crayfish as an endangered species in 2010. The newly discovered Guyandotte River crayfish, which was once thought to be the same as the Big Sandy crayfish but was recently discovered to be a new species, is now one of the most endangered crayfish in America, surviving only in a single county in West Virginia. Both crayfishes are sensitive to water pollution. The Big Sandy crayfish was first identified as being in need of federal protection in 1991.

The Big Sandy crayfish is known from Buchanan, Dickenson and Wise counties in Virginia, and from McDowell and Mingo counties in West Virginia. In Kentucky it is known from Floyd, Johnson, Lawrence, Pike and Martin counties. The Guyandotte River crayfish was known from Logan, Mingo and Wyoming counties, West Virginia, but survives only in Wyoming County. In addition to coal mining, the crayfish are threatened by construction of the King Coal Highway and Coalfields Expressway.

Today’s listing means that federal agencies will have to consult with the U.S. Fish and Wildlife Service before funding or permitting any activity that could harm the animals, and it is now illegal for any person or corporation to harm the crayfishes or their habitat.

Crayfish are also known as crawdads, crawfish, mudbugs and freshwater lobsters. They’re considered to be a keystone animal because the holes they dig create habitat used by other species including fish. Crayfish keep streams cleaner by eating decaying plants and animals, and they are eaten, in turn, by fish, birds, reptiles, amphibians and mammals, making them an important link in the food web. Because the Big Sandy and Guyandotte River crayfishes are sensitive to water pollution, they are indicator species of water quality.

cbd.circle.rgb.jpgIn 2011 the Center for Biological Diversity entered into a landmark settlement agreement with the Fish and Wildlife Service to expedite protection decisions for 757 imperiled species around the country. To date 146 species have gained protection under the agreement, and another 34 have been proposed for protection.

One of the primary threats to the crayfish is mountaintop removal coal mining. Recent scientific studies have concluded that pollution from mountaintop-removal coal mining is harmful to fish, crayfish, mussels, amphibians and stream insects in Appalachia. Pollution from mountaintop removal is also associated with increased risk of cancer and birth defects in humans. More than 2,000 miles of streams in Appalachia have been degraded by this mechanized form of mining, which employs far fewer people than other forms and perpetuates poverty by causing permanent and irreversible damage to the landscape.

Coal field residents and allies are currently promoting the Appalachian Community Health Emergency Act, or ACHE, a federal bill that would place a moratorium on new mountaintop removal permits until the federal government has completed and evaluated studies into health disparities in the region.

© The Center for Biological Diversity, 2016. The Center is a national, nonprofit conservation organization with more than 990,000 members and online activists dedicated to the protection of endangered species and wild places.

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West Virginia Senate Bill 508 Would be a Gift to Energy Industry

So-called ‘Nuisance’ legislation filed after more than 200 state residents living in fracking fields filed nuisance suits against Antero Resources and others

By Michael M. Barrick

WEST UNION, W.Va. – Here in the heart of the Marcellus Shale fracking fields, more than 200 residents determined to protect their health, land and lifestyle, filed suit against Antero Resources and two other energy companies more than a year ago. Tired of intrusions upon their health, land and even ability to sleep at night, the citizens hope to recover compensation for damages that the gas industry has caused in this region of the state from site development and well pad activity; traffic congestion; water use and contamination; air pollution; waste disposal; public health issues; quality of life issues; and, eminent domain abuse.

More and more, it feels like the residents of this state are viewed by ‘our’ representatives in the same dismissive light as any other animals inhabiting the land; that we have no more rights than the deer or groundhogs do.” – Mary Wildfire, a resident of Roane County, W.Va.

While that litigation is currently scheduled for trial in May if the litigants do not reach an out-of-court settlement, the energy industry’s representatives in the West Virginia State Senate aren’t waiting to see what the courts have to say about the impact of the energy industry upon the state’s residents. West Virginia State Senator Ryan Ferns – along with six co-sponsors – has introduced Senate Bill 508, which would severely curtail the criteria for residents to file a nuisance suit against the energy extraction industry. The bill was sent to the Senate Judiciary committee on Feb. 4, the same day it was introduced in the senate.

As stated at the end of the bill, “The purpose of this bill is to establish the standards applicable to the common law claim for private nuisance. The bill lists elements and establishes requirements including the requirement that physical property damage or bodily injury exist before a person can seek damages for a private nuisance. The bill also prohibits private nuisance claims if the activity at issue is conducted pursuant to and in compliance with a permit, license or other approval by a state or federal agency or other entity. The bill also requires a plaintiff to have either an ownership interest or possessory interest in the property at issue to have standing to bring a private nuisance claim.”

Proponents argue that West Virginia is too litigious of a state and this bill will help create a more suitable business climate.

Residents, especially those exposed to the impacts of fracking the past several years, have a different view. They say that the bill, if passed, would severely limit their rights as landowners and provide the energy extraction industry with far too much protection from liability for the damages it causes to people and communities.

Mary Wildfire, of Roane County, argued, “It seems to me that gas companies enjoy quite enough privilege in this state. They can slap a huge well pad on the land we spent years working to earn the money to buy, and more years working to build a house and farm on. Most of us don’t own the mineral rights and have neither any say in this, nor do we derive any benefit. They can make noise and light and fumes sufficient to drive us from our homes for months; they can permanently damage the water we depend on, and we’re supposed to be satisfied with truckloads of water filling outdoor tanks; we can’t get compensation unless we can prove that our water didn’t have the contaminants before drilling, a prospect which not only costs hundreds or thousands of dollars, but is rendered virtually impossible by the fact that the companies don’t even have to tell us what to test for. If our land happens to lie on the path they’ve chosen for a pipeline, they’re entitled to take as much of it as they like for that. If there are risks due to these massive pipelines, that’s our problem.”

She asked, rhetorically, “Is the convenience and profitability of the gas companies the legislature’s only imperative here – or do we who live here matter at all?” Answering her own question, she continued, “More and more, it feels like the residents of this state are viewed by ‘our’ representatives in the same dismissive light as any other animals inhabiting the land; that we have no more rights than the deer or groundhogs do.”

Nancy Bevins, of Uphsur County, said, “It is clear some of the state legislators want to reduce the cost of extraction by transferring damage done by gas drillers and strip miners to the rural folks living in and near these sacrifice zones. I would guess most legislators can afford to live in an area unaffected by such activity. But not everyone has that option, or the desire, ability and funds to move. Can you imagine working your entire life, settling down in your home to finally retire, only to have your neighbor allow a well pad on the border of your property?  Six hundred feet from your home?”

She added, “Residents of our state deserve protection from outside multimillion dollar corporations. What SB 508 does is to revise the definition of a nuisance suit almost out of existence. This bill favors corporations over middle class and poor West Virginia citizens.”

She concluded with the plea to state lawmakers: “Please vote no on SB 508!”

Tom Bond, a farmer in Lewis County, said, “Obviously, this is an intent to take away precisely what common law nuisance was intended to cover. Under the definition in SB 508, if you don’t have grounds for an ordinary lawsuit, you can’t bring a nuisance suit.” He continued, “There would be no way to redress aesthetic values, or rights established by custom or habit. It places persons taking initiatives for short-term private gain over those with long-time established interests. It also favors those who would violate legal prohibitions against actions that might injure people in the neighborhood or downstream or downwind.  In other words, it advances a ‘cowboy’ attitude in those doing business other than the usual business in an area.”

John Cobb, also of Lewis County, offered, “Among the most basic and fundamental rights we enjoy are property ownership and the ability to be safe, secure and comfortable in our homes. For hundreds of families whose homes are near the Marcellus Shale and other shale drilling activities, compressor stations and the roads to these sites, they can no longer enjoy their homes or their land.  Rather that protect the rights of these families, proposed SB 508 strips them of those rights.”

He continued, “You have the right to do what you want on your own property, so long as it does not interfere with the rights of your neighbors and others in the community to enjoy their property. If your activities affect others, they can hold you accountable under nuisance law for violating their private property rights. Nuisance occurs when activity on one property interferes with the enjoyment and use of your property, but no physical trespass or invasion to your property occurs. ‘Nuisances’ don’t stop at the property line. The law of nuisance recognizes that real injuries exist even when the activities do not cause injury to people or property.”

Bond, who is also a retired chemist, observed that legislation designed to benefit the extraction industry ignores economic realities. He said, “Coal is a walking corpse, producing lots of money for a very few and a few jobs, is on the way down. Its waste condemns it to ‘least desirable’ position among familiar fuels, and, in spite of what little regulation the state forces on it, converts thousands of acres of West Virginia to wasteland each year. At least three major coal companies are bankrupt.”

He added, “Unconventional gas and oil drilling are wobbling like a drunken sailor. At best it is a ‘transition fuel’ to renewable sources of energy, and money has been spent, and continues to be spent, like the sailor did while becoming drunk. People in the discovery and production end of the business enjoy bright hope, but have high cost of production, transportation and liquefaction, and ignore huge supplies near the big markets, Europe and China.

Bond concluded, “It is clear some of the state legislators want to reduce cost of extraction by transferring damage done by frackers and strippers to the rural folks living in and near these sacrifice zones. They can’t conceive of any way to improve life in West Virginia other than knuckling down to coal, oil and gas interests, and this new initiative is about the only advantage they can confer, since laws and enforcement are already so favorable to those interests. “

© Michael M. Barrick, 2016

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SB 508 sponsors and contact information

Ryan Ferns, a Republican from Ohio County, is the bill’s primary sponsor. Information about Ferns and the co-sponsors are listed below.

  • Ryan Ferns, (R), Ohio County, represents Senate District 1, which includes most of the state’s northern panhandle. He is chair of the Health and Human Resources and Labor committees. Email: ryan.ferns@wvsenate.gov
  • Ron Stollings, (D), Boone County, represents Senate District 7, in the southwestern coal fields. He serves on the Health and Human Resources committee. Email: ron.stollings@wvsenate.gov
  • Art Kirkendoll, (D), Logan County, represents Senate District 7 with Stollings. He is on the Energy, Industry and Mining committee. Email: art.kirkendoll@wvsenate.gov
  • Craig Blair, (R), Berkeley County, represents Senate District 15, which includes much of the eastern panhandle. He is Vice-Chair, Energy, Industry and Mining committee. Email: craig@craigblair.com
  • Mitch Carmichael, (R), Jackson County and Majority leader, represents Senate District 4, which includes counties in shale fields of central West Virginia near the Ohio River. Email: Mitch.Carmichael@wvsenate.gov
  • Jeff Mullins, (R), Raleigh County, represents Senate District 9, which includes southern coalfield counties. He, too, sits on the Energy, Industry and Mining committee. Email: jeff.mullins@wvsenate.gov
  • Corey Palumbo, (D), Kanawha County, represents Senate District 17, which includes portions of Kanawha County, which is home to the state capital of Charleston. He is on the Health and Human Resources committee. Email: corey.palumbo@wvsenate.gov

 

Related Articles:

A Dirty Dozen Reasons to Oppose Fracking

W.Va. shale fields fertile ground for nuisance lawsuits (Energy Wire)

Citing Medical Studies, Activists Call for End to Mountaintop Removal Permits

Fracking Poses Threat to Public Health, Say Experts

 

Related Links:

West Virginia Senate Bill 508

Petition to Oppose SB 508

WV Senate Districts Map

Recent Coal Mining Deaths are Acts of Greed, Not ‘Acts of God’

Energy industry misuses the name of God for all things deadly and destructive it causes

By Michael M. Barrick

“You shall not take the name of the Lord, your God, in vain. For the Lord will not leave unpunished him who takes his name in vain” (Exodus 20:7).

LENOIR, N.C. – The deaths of three coal miners in the central Appalachian coal fields in just the first three weeks of January has led the United States Mine Safety and Health Administration (MHSA) to issue a Call to Safety to coal operators and miners. Assistant Secretary of Labor for Mine Safety and Health Joseph A. Main recently issued that call, asserting, “This recent rash of fatal accidents is a WAKE UP CALL to the nation’s miners to take notice and take care of themselves.”

He added, “ … the Mine Safety and Health Administration plans to ramp up its targeted enforcement, education and outreach efforts to respond to the troubling number of mining fatalities that have occurred so far this year. Today, MSHA widely disseminated to industry stakeholders an alert on these deaths, emphasizing the need for continued vigilance in miner safety and health.”

The three deaths have occurred in underground mines in West Virginia, Pennsylvania and Kentucky.

Attributing things to God that God has nothing to do with and wants nothing to do with is misusing the name of the Lord.” – Michael Iafrate with the Catholic Committee of Appalachia

Dead miners are more than statistics

It might be easy to dismiss these deaths as mere statistics since MSHA does not list the miners’ names in the MSHA news release, but that would be a disservice to their work and the loss felt by their families, friends and communities.

In Clear Fork, W.Va., the family and friends of Peter “Pete” D. Sprouse know the pain and loss suffered by thousands before them. The 53-year-old miner died on Jan. 4 when he became entangled in a moving underground conveyer at the Lower War Eagle mine in Wyoming County, in the state’s southern coalfields. The mine is owned by Coronado Coal, LLC. According to a newspaper report of his passing, Sprouse leaves behind a wife of 33 years, two children and their spouses, four grandsons, seven siblings and other relatives and friends. He also leaves behind a zest for life that included riding motorcycles and boating.

Less than two weeks later, on Jan. 16, Jeremy R. Neice, 31, of Danville, W.Va. died in a mining accident in Greene County, Pa. He was working in the 4 West Mine owned by GenPower Holdings, LP. Neice, who is seen smiling as he leans against his truck in a photograph from his Facebook page, was the second fatality in that mine in just six months. In July 2015, John M. Kelly, 55 of Albright, W.Va. died in an accident.

Just three days after Neice died in Pennsylvania, Nathan G. Phillips, 36, of White Plains, Ky., died at Dotiki Mine in Webster County, in the western region of the state. That mine is owned by Alliance Resource Partners, LP.

How many lives have been forever changed by the passing of these men? These deaths – like all of those before them in the coalfields of Appalachia – cast shadows that can last generations. Four little boys will never again sit on their grandfather’s lap; a young man will never get to enjoy a day in the woods with his buddies, and now his buddies will only be able to toast his memory; the sunrises and sunsets of western Kentucky will now be absent a soul dear to family and friends.

The ‘Act of God’ defense

While coal operators have expressed the customary sympathy to the families, that doesn’t mean that the coal industry – and indeed the entire energy extraction industry – will quit misusing the name of God in the event of such tragedies. The claim that such deaths are “An Act of God” is as old as the industry itself, and has been an excuse offered by the likes of Don Blankenship for recent disasters such at the Upper Big Branch disaster in 2010 that killed 29 miners.

Now operators might say that, in these three cases, they have expressed condolences and are conducting safety reviews. Of course they’re doing the latter; it is required of them. As for the condolences, that is what PR departments are for. None of this changes the fundamental truth, however, that it is the attitude of energy industry officials that they exercise a sort of “divine right” dominion over Appalachia’s land and people.

Whatever industry officials might say, these recent coal mining deaths are not “Acts of God.” Rather, they are acts of greed by coal operators, desperately compromising worker safety because they’ve invested in a commodity that is outdated.

Now, it might seem unfair to hold businessmen to a biblical standard. They’re not preachers after all. Yet, it is clear these industry officials believe in God – as Blankenship has proven. He is not alone. Gas companies blame cancer deaths and other health problems in the fracking fields on God. I have read such documents addressed to families where they refer to “Acts of God” as causing death and destruction for which the industry is clearly responsible. There is no question that the industry does not hesitate to use God to justify their greed. Last year, Executive Director Corky DeMarco of the West Virginia Oil and Natural Gas Association said, “God didn’t want us to be farmers, or this place would look like Kansas. God put us here in these mountains that are 450 million years old with the best coal in the world and the most natural gas in the world. And we have a responsibility, and I think companies like Dominion and others have seized on the opportunities that these mountains have provided and will continue to do this.” (Read the full story here).

In short, from their own mouths, we hear that industry officials believe in God – when it is convenient. So, it would be beneficial for them to reflect upon Exodus 20:7, which says, “You shall not take the name of the Lord, your God, in vain. For the Lord will not leave unpunished him who takes his name in vain.” If industry leaders were honest with themselves and with us, and would accept their responsibility rather than hiding behind the “Act of God” hoax, there would be far less death and destruction in Appalachia.

Indeed, in “The Telling Takes Us Home: Taking Our Place in the Stories that Shape us,” a recently-released “People’s Pastoral” by the Catholic Committee of Appalachia, the document’s author, Michael Iafrate, alluded to stories told by coalfield residents of death and destruction, and observed, “These tragedies and others, deemed ‘acts of God’ by industry, are fresh in our mind in Appalachia.”

Asked if he thought that calling man-made tragedies “Acts of God” was a misuse of Scripture, Iafrate answered, “Yes.” He continued, “It is a more direct violation than when we think of swearing for example. Attributing things to God that God has nothing to do with and wants nothing to do with is misusing the name of the Lord.”

In the “Call to Safety,” MSHA Director Main concluded, “In light of current market conditions, we all need to be mindful that safety and health protections necessary to protect our nation’s miners need to be in place every day at every coal mine in the country. All miners deserve to work their shifts and return home at the end of the day, safe and healthy.”

Theological arguments aside, it would seem that everyone could agree with his statement. However, based on the first three weeks of January, it seems pretty clear that coal operators will dismiss it. As these tragedies continue, Blankenship and his ilk will continue to blame God. It’s worked for them for a century, so why stop now?

© Michael M. Barrick, 2016

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Preliminary Report of Accident: Mr. Nathan G. Phillips

Catholic Committee of Appalachia

Mountain Party of West Virginia Offers Response to Governor’s ‘State of the State’ Address

Community protection, transition from old failing economy and supporting renewable energy among the aims of Mountain Party

By Elise Keaton

Editor’s note: Elise Keaton is the State Executive Chair for the Mountain Party of West Virginia. To ensure that West Virginians are aware of the options available to them outside of the two dominant political parties in this critical election year, we are publishing this response to the State of the State address by Governor Earl Ray Tomblin, a Democrat. The Libertarian Party has also been invited to submit a response.

SALEM, W.Va. – We know our history and we understand our present struggles in this state.  Our miners continue to give their lives so that others can consume “cheap electricity.” We’ve literally given billions of gallons of our valuable clean water so that the oil and gas industry can force fossil fuels from the ground. We’ve lost our lands, our communities and our peace of mind for the sake of “profit” which escapes our state in railroad cars and in pipelines. And when the global markets decrease consumption of our precious resources, our men and women lose their jobs and their livelihoods.

In spite of this loss, we’ve never lost understanding of our worth. We know that there is a more prosperous future for our communities, our economy and our state, if we so choose.

 … we value much more than the minerals that lie beneath these ancient hills and the businesses here to extract them … the Mountain Party of West Virginia continues to fight to protect the true bounty of our state: our mountain people.”

We must begin by recognizing that out of state interests have disproportionate amounts of control over our state policies. Organizations like ALEC (American Legislative Exchange Council) are influencing policies in our state with complete disregard for the impact on our local communities. At the same time, gas corporations are lobbying to take our private property through forced pooling legislation; lobbying to take what our mineral owners refuse to give.

In his last State of the State address we heard Governor Tomblin claim to “put West Virginia first” with 250 companies coming into our state, but fail to address why our workers’ wages remain stagnant. So who is benefiting from this “growth” in economic activity?  Our state population continues to decline as counties with increased oil and gas production lose the most. Current policies have created a strong “business climate” but what about our natural environment? The last “overhaul” of horizontal gas well drilling regulations was in 2011 and since then we’ve seen our friends and neighbors literally fall ill as a result of gas production in their communities. Overall, our cancer rates and mortality rates are the highest in the country.

Supporting our miners as global consumption of coal decreases means expanding opportunities beyond fossil fuels. The solar industry added more jobs than any other sector in 2015, yet our state leaders continue to stand in the way of expanding this growth into our state. Along with broadening renewable industry in the state, our workforce deserves a prevailing wage for their labor. It is impossible to stimulate the economy when our working families are struggling just to make ends meet. We must also address the influx of out of state workers brought in by the oil and gas industry while our local workers struggle with unemployment. And if West Virginia already has the “best business tax climate Index in the region,” why is so called “Right to Work” legislation necessary?  Governor Tomblin failed to mention that particular piece of pending legislation as hundreds of opponents of the bill watched him speak.

Citing “a lack of flat land” for industrial development, Governor Tomblin continues to ignore the value of our geography which, when protected, creates trillions of gallon of clean water every year. Few can deny that our next wars will be over water, yet we continue to compromise our valuable water resources in West Virginia. Instead of using mountaintop removal landscapes as an economic caveat, we should be asking and providing answers as to why these sites weren’t developed years ago, as promised during the permitting process?

We heard Governor Tomblin advocate for the removal of severance taxes from coal and gas while raising taxes on telecommunications use which would once again aim to balance the state budget on the backs of working West Virginians. Asking the oil and gas industry to simply pay a fraction of a cent for each gallon of water they pull from our streams and rivers would create hundreds of millions of dollars in revenue for counties and the state. Currently they pay nothing for the water they take. And the second anniversary of the largest contamination of a public water source – the Elk River chemical leak which left 300,000 West Virginians without drinking water for weeks in 2014 – was not mentioned.

The most direct and immediate way West Virginia can address our prescription pill problems is by following the lead of other states which have used medical marijuana to cut prescription pill overdoses by up to 25 percent. These same states have also brought in hundreds of millions in revenue and have seen crime rates dramatically decrease.

In his address, Governor Tomblin advocated for hundreds of miles of expanded oil and gas export pipelines. Instead of promoting these devastating projects which are largely opposed by local communities, we should protect and expand our local water production and tourism industries in the counties in the southeastern part of the state which are growing in population and thriving.

As the Mountain Party and as mountain people we value much more than the minerals that lie beneath these ancient hills and the businesses here to extract them. West Virginia has been called the crown gem of Appalachia and the Mountain Party of West Virginia continues to fight to protect the true bounty of our state: our mountain people.

© Mountain Party of West Virginia, 2016.  

Related Links

Mountain Party of West Virginia

Governor Tomblin State of State Address

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Franklin Graham’s Tour Not Helping Those Who Need It

Evangelist’s ‘Decision America Tour’ ignores harm to workers of Appalachia

By Michael M. Barrick

CHARLOTTE, N.C. – Well, Franklin Graham began his “Decision America Tour” this month. I was surprised to look at Graham’s schedule and see that he is not scheduled to be in West Virginia tomorrow, where the West Virginia House of Delegates will be holding hearings on the so-called Right-to-Work bill.

It seems only logical that Graham, the Board President, Chairman and CEO of the Billy Graham Evangelistic Association (BGEA), would make an appearance at the hearings in West Virginia, as according to the BGEA website, “Franklin will ask Christians to pray for the country, vote for people who hold biblical values and run for public office at every level.”

This should be good news for the workers of Appalachia – in particular coal miners, oil and gas workers, farmers and all those folks laboring for the benefit of others, often to their own detriment. Indeed, since Graham has made it well known that he interprets the Bible literally, I am surprised he will miss the opportunity to speak truth to power, as we know that the earliest evangelists did. For example, he could stand up, hold his Bible high above his head, and with his Southern-tinged baritone exclaim, “Come now, you rich, weep and wail over your impending miseries. … Behold, the wages you withheld from the workers who harvested your fields are crying aloud, and the cries of the harvesters have reached the ears of the Lord of hosts” (James 1; 1, 4-6).

He could then talk about Don Blankenship and Lochgelly. He could warn of the resurgence of black lung among young miners or about the people who have died because of mountaintop removal. He could tell about the workers and residents in the fracking fields being exposed to dangerous and deadly levels of methane, benzene, radioactive waste, polluted water and a host of other public and environmental health hazards.

Instead, we will hear nothing. The tour website offers mostly platitudes, essentially outlining that the United States has lost its “Christian” moorings. Still, those fearful of a theocracy might want to take a closer read. Translated, what Graham simply means is that he is going to save us from the Great Gay Menace. It is his obsession, as was proven again recently during a broadcast of Focus on the Family, in which he told churches and families to not have anything to do with gay people.

The working class of West Virginia and all of Appalachia know better. The LGBT community has absolutely nothing to do with the boom and bust fossil fuel mono-economy that has dominated the state’s economic/political environment for more than a century. What West Virginia’s workers might not know, however, is that Graham’s salary is nearly $1 million per year, as various outlets have reported. One can easily understand now why we won’t be hearing from the Epistle of James from Graham.

But, if we did, he could cite the following statistics provided by Kathy McCormick, the Executive Vice President of the Service Employees Industrial Union (SEIU). She is with District 1199, which represents workers in West Virginia, Kentucky and Ohio. States that have passed Right-to-Work laws have experienced the following:

  • Household incomes are $535 less per month;
  • You or your children are more likely not to have health insurance;
  • More working people and their children live in poverty;
  • States spend less per student on education, which has led to students being less likely to succeed in math and reading;
  • Workplace deaths are 36 percent higher;
  • More people can’t find work. The unemployment rate in West Virginia is already too high, but six out of ten states with the highest unemployment rates have passed Right-to-Work laws.

I agree with Franklin Graham that the church can and should do more to improve the lives of people in any community in which they live. However, religious-based bigotry has been used too long and often against minorities. It was used to justify genocide of Native Americans. It was used to justify slavery. It is still used to justify white supremacy. It is used to bash people in the LGBT community. It is being used to hate immigrants. It is used to exclude women and gay people from ordination.

Now, it is being used to oppress workers. The cronies in crony capitalism not only include rich industrialists and politicians, but also much of the clergy.

This turnabout is an insult to the sacred work of generations of miners, labor leaders, politicians, clergy, journalists and others who marched across Blair Mountain, died on the Mingo County Courthouse steps, drowned in a chilly February morning in Buffalo Creek, have fought the natural gas industry in Doddridge County, or were forever entombed in a collapsed mine.

The last thing we need is “ … to go back to where the Church is in the center of this nation,” as Graham argues. If that ever was the case – and that is certainly in doubt – it sure didn’t work out too well for native peoples and minorities. Therefore, there is no reason to believe that Graham’s brand of religion will turn out well for working class people.

Fortunately, as we reported about the CCA People’s Pastoral, there are people and groups whose faith does compel them to offer a prophetic voice, to speak truth to power. Sadly, at the same time, the very wide divide between the two approaches is beyond concerning. Consider the words of Jesus: “I pray not only for them (his disciples), but also for those who will believe in me through their word, so that they may be all one, as you, Father, are in me and I in you, that they also may be in us, that the world may believe that you sent me” (John 17: 20, 21).

Franklin Graham, an evangelist, says he wants to spread the Gospel. Yet, how will people believe in the story he tells if it runs counter to the message of the one whom Graham claims sent him? Equally as concerning, what are the consequences for the working class and the poor if Graham’s brand of religion reigns triumphant, as he is determined to make happen?

© Michael M. Barrick, 2016

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