Category Archives: The Environment

North Carolina Law Enforcement Wrong to Target Pipeline Opponents

It is Duke, Dominion and EQT that are terrorizing people

By Michael M. Barrick

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Myra Bonhage-Hale, then of Alum Bridge, W.Va. holds signs with questions she had for Console about pipelines. This “activist” eventually moved out of state.

RALEIGH, N.C. – The North Carolina’s surveillance and counter-terrorism unit has conducted a “threat assessment” of opponents to the Atlantic Coast Pipeline (ACP), which is scheduled to be built in eastern North Carolina, according to North Carolina Policy Watch: “State Bureau of Investigation unit prepared “threat assessment” of Atlantic Coast Pipeline protestors.”

According to the article, “The state’s surveillance and counter-terrorism unit, the Information Sharing and Analysis Center (ISAAC), warned law enforcement officials that the Atlantic Coast Pipeline could attract “violent extremists” who are opposed to the natural gas project in North Carolina … .” If approved, the Atlantic Coast Pipeline will run more than 170 miles through North Carolina roughly parallel with I-95 east of Raleigh.

The law enforcement analysis could not be more misguided.

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Joao Barroso makes a point with neighbors in Randolph County, W.Va. He became an “activist” to protect hundreds of acres of his pristine land.

There are terrorists involved in fracking and related pipeline development – if that’s the word the law enforcement wishes to use – but they are not the opponents to the pipeline; rather the ones terrorizing people and the environment are the corporations building the pipelines. These include Duke Energy of Charlotte, Dominion Resources of Richmond, and EQT of Pittsburgh. The latter company is the primary developer of the Mountain Valley Pipeline (MVP), another controversial pipeline being built through West Virginia and Virginia.

The ISAAC would be well served to listen to this excellent interview of Ellen M. Gilmer, a legal reporter with E&E News by West Virginia Public Radio. Gilmer offers an analysis of the court battles involving both pipelines. One listening to it will see that pipeline opponents don’t have to resort to “terrorism.” Why? They are enjoying many victories in state and federal courts. Victories, in fact, that for now have shut construction of the pipelines down.

Opponents are not wide-eyed radicals and Gilmer knows it. How do I know? In 2015, I gave her a tour of the area in northern West Virginia where both pipelines originate. While living and reporting from there, I was covering construction of the Stonewall Gas Gathering line, a 36” diameter, 55-mile pipeline. Because it did not cross state boundaries, it did not need federal approval. Nevertheless, the pipeline’s builders were terrorizing people along the entire route.

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Justin McClain (L) listens as his father, Robert talks about the damage to their crops done by the Stonewall Gas Gathering Pipeline

As I took Ms. Gilmer around, I introduced her to the people most impacted by that project and introduced her to others whose land is threatened by the ACP and/or MVP. You’d have to ask her yourself, but I’m pretty sure she didn’t meet anyone that could be construed as a terrorist.

But, this is what she did see (or hear about because of time constraints):

  • A farmer in Doddridge County whose crops were destroyed because of improper erosion controls upstream during pipeline construction
  • Sick people throughout Doddridge County
  • The local newspaper is owned, literally, by gas and oil company owners
  • Citizens injured and killed by industry trucks
  • Residents leaving the state

These are just but a few examples. There are several more links at the end of this article. However, one moment stands out for me. It was at an event where the fossil fuel industry and law enforcement teamed up to intimidate local citizens simply curious about the pipelines as they were first announced. It was then that I knew the fix was in. The corporations got to the legislators, who then pressured law enforcement. Now it’s happening in North Carolina. It is beyond unnecessary – it is chilling.

What is fracking?
Fracking is a slang word for hydraulic fracturing, the process of injecting a fluid consisting of water, sand and chemicals at high pressure into shale. This fractures the rock, releasing natural gas, which is then extracted. In West Virginia, Ohio and Pennsylvania the Marcellus shale, a layer of rock 3,500 – 8,000 feet below the surface, is the object of fracking. The vertical depth of the formation is about 150 feet. Whether recovered or left behind, the frack fluid presents problems. The wastewater contains not only the chemicals added to the water, but also leaving minerals and radioactive materials recovered as part of the extraction process.

Failed erosion control 1

Failed erosion control on construction of Stonewall Gas Gathering pipeline in West Virginia Photo by Autumn Bryson

Pipeline construction

Fracking and pipeline construction are inexorably linked. Without fracking, there is no need for a pipeline. With fracking, all the risks associated with pipeline construction serve only to aggravate the impact of the process. So, there are many good reasons (see next section below) for people to oppose the ACP and MVP. The ACP is the longest, at more than 600 miles, terminating in Robeson County, N.C.

The companies seeking approval to build the ACP have harassed land owners wishing to protect their land from the devastation that would be caused by the ACP construction, not to mention the potential danger it poses for those living alongside of it. Having learned of what the people along the proposed ACP route have endured in West Virginia and Virginia, it is clear that the people of North Carolina need political leaders who will defend them, not consider them threats.

Fracking impacts and risks (Or ‘A Dirty Dozen Reasons to Oppose Fracking’)

Dead and injured workers (here and here), explosions on fracking pads (here), dead and injured motorists (here and here), destroyed wells and streams (here), dead livestock (here) and sickened residents (here) are just some of the public health and safety risks associated with fracking. Indeed, the list is rather long. The negative by-products of fracking include:

  1. Public Health Issues
  2. Water Use and Contamination
  3. Radioactivity
  4. Air Pollution
  5. Waste Disposal
  6. Site Development and Well Pad Activity
  7. Misuse of Eminent Domain
  8. Climate Change
  9. Traffic Congestion
  10. Potential Earthquakes
  11. Industry Instability

The people experiencing these events and tactics do not sound like terrorists. They sound like people who are being terrorized.

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A convoy of gas trucks rumble through downtown Weston, W.Va. at lunchtime.

Crony capitalism

This is not new to the fossil fuel industry. A century ago, during the West Virginia Mine Wars, as the coal companies worked to keep the unions out of the coal fields, they hired Baldwin-Felts detectives to brutalize the miners and their families. The companies also ensured that local law enforcement did their bidding.

Perhaps the most famous of these “lawmen” was Don Chafin, the sheriff of Logan County, W.Va., during the Mine Wars. According to the West Virginia Archives and History website, “In 1921, he mobilized a small army of deputies – later formally organized into the militia by order of the governor – which met the union organizers in skirmishes at Blair Mountain on the Boone – Logan county border and in the Crooked Creek section. Thousands of shots were fired and much blood shed but there were relatively few casualties. Once source says 47 were killed and more than 100 injured.

“Mingo County then the center of organizing activity, was under martial law. Union miners in Kanawha heard rumors that their comrades to the south were being mistreated. That started their march south through Boone and Logan. On their way they planned to break down Chafin’s non-union stronghold. Their favorite marching song was “Hang Don Chafin to a Sour Apple Tree.’”

ISAAC’s snooping proves beyond any doubt that efforts by the fossil fuel industry to get the likes of Don Chafin to do their bidding here and now remains alive and well. 

The proper response – A moratorium on fracking

Clearly, despite industry claims, it has much to prove before we can consider fracking and related pipeline development safe. So, the only option is to operate according to the Precautionary Principle. The Science & Environmental Health Network says about the Precautionary Principle: “When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. In this context the proponent of an activity, rather than the public, should bear the burden of proof. The process of applying the precautionary principle must be open, informed and democratic and must include potentially affected parties. It must also involve an examination of the full range of alternatives, including no action.”

Based on this definition, the only proper response is a moratorium on fracking. A moratorium remains in place only so long as the burden of proof has not been met. Should the industry, as some point in the future, demonstrate that fracking does not pose a threat to public health and the environment, the moratorium could be lifted.

OVEC child with bloody nose

Children suffering nosebleeds is just one public health hazard in fracking zones

Add me to the list

I’m a pipeline opponent. I’ve never pretended otherwise. My writing has been focused on holding the fossil fuel industry accountable for the death and destruction it has caused in Appalachia and beyond. But, I’ve never touched a soul, never issued a threat, never trespassed, never polluted streams or any of the other numerous horrors the fracking industry has done.

What I have done is exercise my First Amendment rights. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Motivated and informed by my understanding of liberation theology, I have spoken and written against fracking and related pipeline development. I’ve been part of demonstrations of assembly. In short, I’ve been one of thousands of pipeline opponents who have legally and appropriately petitioned the Government.

So, if that puts me on a threat assessment watch list, then add me to the list and watch away. I’m quite familiar with the fossil fuel industry’s tactics. The ISAAC list is one I’d be proud to be on. But it won’t stop me or any other pipeline opponents. Why? Because we understand that it is time that the people – not crony capitalists – run our state and nation.

© Michael M. Barrick, 2018

Curry Hedge and Johnson at conference

About 50 pipeline activists gathered peacably at the Preserving Sacred Appalachia gathering in April 2015 in Charleston, W.Va. Here, Tierra Curry (L), Susan Hedge and Allen Johnson lead a discussion on the sacredness of Appalachia. Photo by Keely Kernan

Other articles I’ve written about the Fossil Fuel Extraction Industry

ACP Would Require Extensive Mountaintop Removal

Atlantic Coast Pipeline Costs Outweigh Benefits, Claims Independent Study

Breaking Ground, Breaking Hearts

Citizen Groups Organizing in Response to Fracking

Citizen Groups to Unite for Water Justice in West Virginia and Beyond

Clarksburg Newspaper Editorial an Affront to West Virginians

Dominion is a Bully, not a Community Builder

Ecological Monitoring Group Challenges Virginia Governor to be Transparent about Pipeline Deliberations

Environmental Scientists, Activist Applaud Mountain Valley Pipeline Ruling

EQT Letter Characterized as Misleading and Bullying

Factual Reporting is not Always Balanced

Feeding the Military Monster

FERC Independence Challenged by Nonprofits

Fracking Forum a Time to Learn, Unify and Act

Groups Work to Bring the Public Voice into Gas Pipeline Projects

Health and Well-Being of Residents Being Subordinated to Fracking Industry

Incompetence and Complacency Increase Dangers from Fracking

Is This Fair?

Jury in Pennsylvania Fracking Case Sees Clear Value in Lives and Property

Learning by Listening

Lewis County Resident Issues a Plea: Wake up West Virginia

Natural Gas Industry Moves from the Absurd to the Profane

Natural Gas Pipelines, the Drumbeats of War and Our Sense of Entitlement

OVEC Publishes Newspaper to Reach 29,000 West Virginians

Pipeline Proposal Raises Questions that Beg for Answers

Pipeline Monitoring Group: FERC Not Doing Job on ACP

Poor Emergency Planning in West Virginia Puts Citizens at Risk

Proposed ‘New” Route for Atlantic Coast Pipeline no Better than One Rejected, Say Opponents

Putting Liberation Theology to Practice in Appalachia

Reluctant Activist

Seeking Dominion over His Own Land

Standing Their Ground

The ‘Deceived God’

Unity the Theme at ‘Preserving Sacred Appalachia’ Conference

Virginia Officials Agree to Demands from Advocacy Group about Pipeline Deliberations

Voices out of the Wilderness

West Virginia: The Rodney Dangerfield of the USA

West Virginia Residents in Heart of Fracking Field Join in National Action

West Virginians and Pennsylvanians Standing in Solidarity Against Natural Gas Industry

West Virginia’s Top Story in 2015: People and Land under Assault

Why People Deny Global Warming Clues

WVDEP Secretary Randy Huffman Acknowledges Political and Business Climate in Charleston Limits Agency’s Effectiveness

‘You Make Us Want To Leave’

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Virginia DEQ Ignores Requests for Pipeline Comments

Environmental groups accuse agency of ‘foot-dragging’

Va DEQMONTEREY, Va. – The Dominion Pipeline Monitoring Coalition (DPMC) has learned that the Department of Environmental Quality (DEQ) is just now compiling the thousands of emails and other comments citizens submitted during the comment period that ended more than a month ago.

This outrageous foot-dragging fits a pattern DEQ has set for months and heightens the likelihood of further damage to state waters by the Mountain Valley Pipeline (MVP) and the Atlantic Coast Pipeline (ACP) before the State Water Control Board has the chance to rule on the sufficiency of waterbody crossing reviews. The Board saw a need for this information way back on April 12, based on concerns that a blanket permit from the Corps of Engineers may not be adequate to ensure Virginia’s water quality standards will be met.

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Source: ACP website

On July 3, with no commitment from DEQ as to when the comments would be available to all, DPMC decided to acquire them and provide them online. We filed a records request on July 3, 2018, seeking copies of all comments sent to DEQ. The law requires the agency to provide records within five work-days or explain why it is not “practically possible” to do so in that time period.

That deadline fell on July 11 and that day DEQ told us it would not get us the emails within the required time or tell us when it would be able to do so. They said the emails had not yet been compiled so they could be provided electronically, due to technical difficulties. We then insisted we be allowed to review the emails in person on DEQ’s computers and were told this too was not possible. We reiterated that the law required better and that we would not accept DEQ’s failure to comply.

Suddenly, just two days later on July 13, DEQ gave us more than 7,000 emails. Apparently, the technical difficulties that DEQ claimed may require more than two additional weeks to solve were now solved – but only under pressure from DPMC. Why had those difficulties not been tackled and solved in the three months since the Board ordered the public notice?

We and Wild Virginia will make all of the comments available online and publish a summary within the next week. Where the Department has failed, we will pick up the slack.

We call on the Board to use this information and hold a meeting well before the currently-advertised date of August 21st and on Governor Northam to order DEQ to now move quickly to do its job. The repeated promises of transparency and sound science by administration officials have not been kept. It is now time for our officials to restore integrity to this process.

Courtesy Submission

The Hillbilly Highway Ideal for Pondering Life

Slow down and seek out a ‘Cool an’ Green an’ Shady’ spot

Note: This is the fifth installment from “The Hillbilly Highway, Volume 2: Seeds, Songs and Streams.”  Learn more here.

By Michael M. Barrick

“Find yourself a piece of grassy ground, / Lay down close your eyes. / Find yourself and maybe lose yourself / While your free spirit flies.”

– From “Cool an’ Green an’ Shady” on John Denver’s 1974 “Back Home Again” album.

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Entrance to an old logging road near the Pisgah National Forest in North Carolina

GLOBE, N.C. – I always find the song above by John Denver soothing. It is largely because of the subject matter. It was also released the year I graduated high school and left my native West Virginia for Charlotte.

Moving to North Carolina was not on my list of options at first. But then the state of West Virginia decided it needed our home to build a bridge. So gone was our home with its many cool, and green and shady spots in the woods of our lower back yard along Elk Creek. Within a few weeks of moving out of that house, I was on my way to North Carolina to work for the Charlotte Ambulance Service.

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Harper Creek near Edgemont, N.C.

Fortunately, when I moved to North Carolina, I was immediately introduced to the mountains of Western North Carolina in Caldwell County by my uncle, who moved here in the early 1960s. He knows every back road, especially those adjacent to the Pisgah National Forest.

It was with him that I learned to slow down a bit. Over time, I was slowing him down as we would camp. The silence of the forest, interrupted only by songbirds or the occasional rustle of an unseen but nearby critter, mesmerized me. And it reminded me of my home that no longer existed. I needed it. Badly.

What I have learned over the 44 years since I first left West Virginia – and returned and left, repeat, etc. – is that my favorite places along the Hillbilly Highway are those places that few dare to travel. The trails, paths and old logging roads of the Appalachian forests lead into deep green forests and the mysteries held beyond the next switchback.

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Photo by Debbie Smith

But this is also where you will find the places that John Denver called ‘Cool an’ Green an’ Shady.” His lyrics could not be truer for me. “Find yourself and maybe lose yourself /While your free spirit flies,” happens to me every time I venture into the forest. A rock, a stump, the ground, it doesn’t matter. As I sit and listen to the songbirds celebrate the woods, I want to stay among them as did the ancient natives who preceded us, simply sitting against a tree as I dissolve into my essence.

One day, I believe I will.

© Michael M. Barrick, 2018

Wilson Creek a Must Stop on the Hillbilly Highway

Getting to it is not an easy drive or hike, but it’s worth it

Note: This is the fourth installment from “The Hillbilly Highway, Volume 2: Seeds, Songs and Streams.”  Learn more here.

By Michael M. Barrick

4 Wilson Creek

Wilson Creek in Caldwell County, N.C.

MORTIMER, N.C.Wilson Creek is misnamed. Part of the National Wild and Scenic Rivers System, it starts out small near the top of Grandfather Mountain, but after tumbling thousands of feet through an ever-widening gorge in the Pisgah National Forest, it has the power of a river.

It has been known to wipe out towns and isolate communities for days. Indeed, Wilson Creek has destroyed this and nearby communities twice – in 1916 and 1940. In fact, the second flood forever wiped out the logging industry which drove the region’s commerce so successfully, that despite its isolation in the rugged hills of the northwest section of Caldwell County, it could have become the center of government and commerce in the county.

The 1940 flood, though, took out homes, churches, sawmills, roads and sections of the narrow-gauge railroad that led in and out of this remote, heavily-forested sloped village on the Blue Ridge Escarpment. Now, its 27-mile drop to the Johns River is through remote – rather, inaccessible – areas of the thick and dark Appalachian forest. Only the experienced hiker should venture its steep, rock slopes. Swimmers should beware of deceptively deep, but teasingly appealing pools. Kayakers are common sites in any season. Like me, they seem to prefer weekdays in the spring and fall, though the water is generally higher in the spring.

Wilson Creek 4 [Gorge]

Wilson Creek earned its designation as a National Wild and Scenic River in August 2000 after community leaders convinced elected officials at the local and federal level to work together – across party lines – to protect and preserve it. It can be viewed by driving along the narrow and dusty Brown Mountain Beach Road, which runs from Adako Road to Rt. 90 in Mortimer. Here, once on Rt. 90, the traveler will be on the only state road in North Carolina not completely paved. There are parking spots along Brown Mountain Beach Road, but the hike down to the creek is strenuous at time, but certainly worth it, especially where the gorge empties into a large pool where the creek abruptly levels out.

There is plenty to see and lots of kind folk to meet in nearby Edgemont and Collettsville. In Edgemont, at the old train depot, decades after the last trail rails were taken up, one can still see the circle of earth made bare where the Roundabout was. With that as a clue, one can venture into the nearby forest and see evidence of the railroad bed. The old station is large with many benches.

200px-US-NationalWildAndScenicRiversSystem-Logo.svgEarly in the 20th Century, Edgemont was the last stop listed on train schedules in the local newspaper. Beginning in Newton in Catawba County, the train would stop in Hickory, Granite Falls, Lenoir, Mortimer, Edgemont and other small towns, perhaps with only the train station. It clung harrowingly to the steep cliffs into which the rail path had been carved, though it would have been worth it, just for the view of Wilson Creek.

There is a visitor center on Brown Mountain Beach Road and for the adventurous, one can hike along the headwaters. One can access it – and the Appalachian Trail – from a small parking area below the Linn Cove Viaduct of the Blue Ridge Parkway.

I have spent hundreds of hours over the past 44 years sitting on my favorite relatively gently sloping cliff of Wilson Creek. In every season. I’ve hiked it at its headwaters and I’ve sloshed through it near its mouth where it empties into the Johns River. I have meditated and never ceased pondering what is around the next rock, over the next log, or just under my next step as I hike it.

Wilson Creek 1

For me, it represents what I love about Appalachia, about traveling along the Hillbilly Highway. It is adventure. It’s fun. It’s risky. It is a place to take visitors, whether to look out a car window or put on hiking boots. It is stunningly beautiful and essential for preserving for future generations.

In short, it is rightfully a National Wild and Scenic River. It is also a must stop along the Hillbilly Highway.

© Michael M. Barrick, 2018

 

 

Snow in Southern Appalachia

We have no choice but to slow down

By Michael M. Barrick

CALDWELL COUNTY, N.C. – Here, of North Carolina’s 100 counties, the elevation increase is the highest in the state, from about 900 feet, where the Catawba River forms much of the southern boundary, to the high Blue Ridge slopes of Grandfather Mountain, where the peaks kiss the sky at just under 6,000 feet far to the north.

Lenoir NC

Lenoir, N.C.

So, it can be raining at one end and dropping a foot of snow at the other. We live in the center of the county, near the base of Hibriten Mountain (elevation 2,211 feet). It is the western peak of the Brushy Mountain Range of the Appalachian Mountains.

Bird Houses 3

Home sweet home

Beginning yesterday morning and not ceasing since, we’ve gotten an early December snowfall; it isn’t unheard of, but it isn’t an annual event either. The prediction was 2 to 4 inches or more of snow. We reached “or more” within hours of the first flake falling yesterday around 8 a.m.

Bird House [peace] in snow

December is here

So, we have no choice but to slow down, enjoy the quiet and relax. It also seems like a good time to take a few photos and offer a prayer for peace.

© Michael M. Barrick, 2017.

A Lesson from the Worst Mining Disaster in U.S. History

Many West Virginians suffer from the Stockholm Syndrome

By Michael M. Barrick 

CHARLESTON, W.Va. – It was 110 years ago today that the greatest coal-mining disaster in United States history occurred in the small mining town of Monongah in northern West Virginia.

On December 6, 1907, at about 10:30 a.m., two coal mines – connected underground – known as Monongah No. 6 and Monongah No. 8, were destroyed by a series of explosions that killed more than 500 miners. While the official count listed 358 miners and three rescuers dead, the use of subcontractors by miners to increase their production, as well as the number of funerals, have lead historians to conclude that the number of dead likely exceeds 500. Located just south of Fairmont, the mines – owned by the Fairmont Coal Company – rocked the earth, destroyed the mines’ infrastructure, and sent debris flying hundreds of yards above ground as it obliterated above-ground entrances and buildings.

The disaster affected every person in the town, which was built along the banks and hillsides surrounding the West Fork branch of the Monongahela River. Despite its small size and hard living, it was a diverse community, made up of nearby residents but also a vast number of immigrants from Central and Southern Europe. By 1905, Monongah had about 6,000 residents.

There is plenty of evidence that West Virginians suffer from the Stockholm Syndrome, ‘a psychological response wherein a captive begins to identify closely with his or her captors, as well as with their agenda and demands.’

Such human tragedy, unfortunately, has left many lessons unlearned. In fact, it suggests that a vast majority of West Virginians suffer from the Stockholm Syndrome.

That was made abundantly clear yesterday with the report by West Virginia Public Broadcasting that “Former Massey Energy CEO Don Blankenship has officially filed paperwork to run for U.S. Senate in West Virginia.” Yes, that’s the same Don Blankenship that got by with murder, as I wrote here about the 29 coal miners that died in the Upper Big Branch (UBB) mining disaster on April 5, 2010. He is out of prison from his paltry one-year sentence for conspiring to violate federal mine safety standards.

The timing of his filing is beyond ironic; it is downright contemptible.

Just as miners were changing shifts that early spring afternoon in 2010 at the UBB coal mine, an explosion roared through the mine. Instantly, the 29 miners working for Massey Energy were dead, families were devastated and communities of southern West Virginia were forever changed.

Clearly, since technology has improved to the point that major mining disasters simply need not happen, the problem is not with the science of deep mining; it is with the culture that guides the crony capitalism which has dominated West Virginia since the beginning of the industrial age.

West Virginians and the Stockholm Syndrome

Unfortunately, it is just not industrialist and politicians who are to blame; so too are many West Virginians. They simply vote against their own interests. It would not surprise me if Blankenship wins the Republican primary and defeats the Democratic incumbent, Joe Manchin III. Regardless of how the campaign plays out, there is plenty of evidence that West Virginians suffer from the Stockholm Syndrome, “a psychological response wherein a captive begins to identify closely with his or her captors, as well as with their agenda and demands,” according to Encyclopaedia Britannica.

This notion was recently shared with me by a very frustrated mayor in a small West Virginia town long-ago abandoned by the coal companies, leaving behind a dying community and destroyed landscape in a once-beautiful valley carved out by numerous rivers. One might take issue with the mayor’s claim, which is based on his disgust with the overwhelming support that West Virginia voters gave President Trump and Governor Jim Justice, who this past summer switched to the Republican Party after being elected as a Democrat last year. Justice is also the state’s only billionaire.

What is not debatable, however, is the deadly history of the coal industry in West Virginia. That Blankenship has the audacity to file for office, exactly 110 years after the Monongah tragedy, suggests that West Virginia is full of people essentially saying, “Abuse me. Please.”

What happened at Upper Big Branch

This was the blunt conclusion of the Governor’s Independent Investigation Panel (GIIP) about UBB. Among the panel’s findings:
• 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.

In short, it is business as usual in the West Virginia coalfields. From the worst mining disaster in U.S. history, to the most recent disaster at Upper Big Branch, the words of Mary Harris “Mother” Jones are as appropriate today as when she first spoke them roughly a century ago – “There is never peace in West Virginia because there is never justice.” 

Monongah

At Monongah, both mines were less than 10 years old and were producing in excess of 12,000 tons of coal a day by the time of explosion. They were also considered state-of-the art. “Mines No. 6 and 8 both employed the most up-to-date, sophisticated ventilation systems.” (McAteer 64). John Nugent, the Immigration Commissioner for the State of West Virginia affirmed an advertisement made by The Consolidated Coal Co., Inc. seeking immigrant help. The mines, the company claimed, were, “Practically free from explosive gases.” (McAteer 74).

Obviously, the advertisements were mistaken or false. Thus, the all-too cozy relationship between operators and those charged with regulating them was formed. As the UBB GIIP reports, that has remained unchanged a century later. While the exact cause of the Monongah explosion was never determined – as much for political as scientific reasons – there was no mistaking that the influence the mining owners enjoyed with local and state politicians ensured that the operators’ interests – profits – always trumped the miners’ interests – a safe working environment.

Monongah headline

Headline tells of the disaster at Monongah

When the explosion occurred, 19 coal cars (each loaded with two tons of coal), being pulled out of the bowels of the mine broke free and crashed 1,300 feet back into the mine portal. The runaway cars broke lose electrical wiring, destroyed structures and ultimately disrupted the ventilation system. “At that instant, from deep within the mine an explosion rumbled, a terrible explosive report rocketing out of both mines, rippling shocks through the earth in every direction. … A second explosion followed immediately, and at the No. 8 mine entrances explosive forces rocketed out of the mine mouth like blasts from a cannon, the forces shredding everything in their path” (McAteer 116). 

Blaming the Victims

Even though an exact cause was not immediately known or even determined, it was not long before the miners themselves were made the scapegoats. Fairmont Coal Company President C. W. Watson immediately capitalized on the anti-immigrant feelings of the time, telling the New York Times almost immediately after the disaster that “… he could not account for the ignition of the dust unless it had been through careless use of an open lamp” (McAteer 158).

Conversely, Clarence Hall, a leading expert on mine explosions at the time, was in nearby Pennsylvania when the catastrophe occurred. He stated, “When I enter a mine these days it is with fear and trembling. We seem to know so little of these gas and dust explosions. Sometimes I feel the poor miner has not a ghost of a show for his life when he enters a mine.” (McAteer 159) 

Tragedy upon Tragedy

There were no organized rescue teams in U.S. mines at the time. However, the dangers to the rescuers, along with the reality that the effort was a recovery effort for dead miners allowed for time to organize miners and volunteers. Of course, rescue efforts – such as repairing the ventilation systems in the hopes of removing the deadly gases from the mines – were heroic, if unsuccessful. “What has to be said is that the rescue efforts were not successful and the equipment provided to miners to ensure their escape was inadequate” (McAteer 264).

It soon became apparent to the rescuers and stunned families of the miners gathering on the Monongah hillsides that the force of the blast, the lack of oxygen, and the instability of the mine combined for a horrible reality – virtually all those in the mine had perished. Recovered bodies were a horrid site to behold. Mine explosions “…inflict multiple-system life threatening injuries on many persons simultaneously. When the explosion is of a high order of magnitude, it can produce a defining supersonic, overpressurization shock wave” (McAteer 131).

Monogah-Mining-Disaster-1907-sign-CREDIT-Einhorn-Press-DOT-com

Photo credit: Einhorn Press

Injuries include damaged or destroyed lungs, blunt force trauma to the head and body, ruptures of the middle ear and eye, and damage to internal organs. Those that survive those injuries generally die from suffocation as lethal gases are released following the explosion. Rescuers, too, were at great risk. In addition to the instability of the mine and lack of oxygen, rescuers had no personal protective equipment or breathing devices. “Imagine a handful of reckless, bedraggled men going into the cavern with lanterns with sulfurous fumes in their faces dragging out the charred bodies of men, some with their faces burned off. That is what Monongah looked like. …In some instances the bodies were perfectly preserved and recognition was immediate; in other cases, the bodies were so badly disfigured or mutilated, identification was impossible.” (McAteer 143). 

An Unholy Alliance

Motivated by the example of John D. Rockefeller, who in the late 19th Century controlled much of the world’s oil resources, financiers from outside of West Virginia collaborated with well-connected Mountain State elected officials, judges, municipal leaders and state and local law enforcement to extract coal from its mountains, leaving not even the dignity of the coal miners intact. “The fact that the Fairmont companies, led by the Monongah mines, paid lower wages across the board meant that the three mines could sell their coal at a lower rate and thereby capture an increasing share of the markets, threatening the wages and unionization in the other states” (McAteer 101). Indeed, by the turn of the century, three men – U.S. Senators Johnson N. Camden and Clarence Watson, as well as Judge A. B. Fleming, controlled all of the mines along the Monongahela River in West Virginia, as well as the railroad lines.

Meanwhile, the company fought efforts to compensate the surviving family members of the dead miners. This is not surprising, as “In the early 1900s, families of miners who died in a mine accident or disaster had nothing in the way of economic protection and little legal recourse following a mine disaster. This was especially true in West Virginia where the coal interest was entwined with every facet of the state’s political, economic, social and legal systems” (McAteer 212).

Companies also vigorously – and successfully – opposed unionization efforts for decades. “The powerful elite of West Virginia on both Democrat and Republican side of the aisle united in their opposition to union organization efforts, and after seeing the success of the Fairmont Consolidation Company, the southern West Virginia mine operations that wished to build on the success met in secret to decide on some general plan of resistance to union encroachments based on the successful strategy employed at Monongah” (McAteer 113).

So, politicians debated and dithered. Meanwhile, miners continued to die at alarming rates. In fact, “On November 20, 1968, the Farmington Mine, a mine not five miles from the Monongah mine in the same Pittsburgh seam owned by the same company, Consolidation Coal Company, exploded, trapping seventy-eight miners” ( McAteer 262). Though federal legislation followed that disaster – the Federal Coal Mine Safety and Health Act of 1969 – the unholy alliance between coal officials and West Virginia elected leaders continued – and does to this day. For proof, we need look no further than the UBB disaster. 

We know we should learn from history. Yet, as we consider the human suffering inflicted upon the people of Monongah 110 years ago, and upon those of Upper Big Branch, Farmington, Buffalo Creek, Sago, Blair Mountain, and countless other communities since, we must conclude that we have not.

This should give us pause. The West Virginia state motto is Montani Semper Liberi – “Mountaineers are Always Free.” Though they may think they are, they are mistaken. In reality, my friend the mayor is right. The proud people of the Mountain State are not free; rather, as the Stockholm Syndrome illustrates, they “identify closely” with their crony capitalist captors and their demands.

WV State seal.png

© Appalachian Chronicle, 2014 – 2017. Michael M. Barrick is a native of Clarksburg, W.Va. He has lived also in Weston and Alum Bridge. He presently writes from his home in Western North Carolina, but continues to visit and work in his home state. 

Works Cited
David McAteer, Monongah: The Tragic Story of the 1907 Monongah Mine Disaster (Morgantown, W.Va: West Virginia University Press, 2007).

Upper Big Branch: The April 5, 2010 explosion: a failure of basic coal mine safety practices (Shepherdstown, W.Va: Governor’s Independent Investigation Panel, May 2011).

The Sago Mine Disaster: A preliminary report to Governor Joe Manchin III (Buckhannon, W.Va: Governor’s Independent Investigation Panel, July 2006).

 

Learning by Teaching

Fellow students respond favorably to comic strip about Mountaintop Removal

Editor’s note: On Dec. 1 we published an article about Olivia Bouzigard’s efforts to educate herself and others at Appalachian State University about the deadly impact of Mountaintop Removal (MTR). I asked her to write an essay explaining how she chose the topic and method for teaching it. She explains below. Personally, I extend thanks to her instructor, Heather Custer, who has the rare ability to challenge her students to demonstrate evidence of minds at work. Also, the illustration is published again, just in case you missed it the first time. – MB

By Olivia Bouzigard

BOONE, N.C. – I am a sophomore at Appalachian State University (ASU) with a major in Public Relations and minors in Recreational Management and Philosophy. I am currently enrolled in a writing class where I was to take on the task of writing about an issue that I thought was important. When I came to ASU as a first year student, I was enrolled in a recreational management class where I learned about Mountaintop Removal (MTR). This was the issue that I chose to write about.

mtr_0388 courtesy OHVEC

Mountaintop Removal. Photo courtesy of Ohio Valley Environmental Coalition

The first part of the project dealt with composing a white paper of the research that I had done. I interviewed several people, read books, watched a documentary and read through health studies people had researched about MTR. Finally, the second part of the project was to come up with another way to present this information. I chose to make a comic strip that combined all my research together into three simple illustrations. Then as part of the project’s requirements we had to somehow present this information. I chose to set up a contact table in the student union on campus and ask people for their time as I passed out my comic and taught them about MTR.

Essentially, I wanted to illustrate a pattern that one cannot easily escape the effects of MTR and that everything that comes with MTR is devastating.

As students passed by the table I would stop them to ask if I could have a few minutes of their time. For those who said yes, I followed with the simple question: Do you know what Mountaintop Removal is? Those who said they did, I asked how they knew what it was and asked them to give me a description. Many said they had learned about it at ASU or in a class in high school, which I thought was interesting.

I then asked them to give a brief description of what they knew about MTR. One student responded, “It has to do with our energy and stuff, right?” Another student said, “I know that it is bad.” However, no one could give me an overall quick description of it. A key goal of my project was to help students to be able to quickly define it, so in the comic strip, I start off with a definition of MTR from the U.S. Environmental Protection Agency. Those who said they did not know what mountaintop removal was, that definition is the one I used.

MTR comic

Illustration by Olivia Bouzigard

I then explained the comic to the students that stopped by. I shared that the mountain is upset because it has no say in whether it is destroyed or not. Coal companies are known for coming in quickly, destroying the area, and then quickly leaving. Their focus is only on the coal and nothing else. Then the comic moves into air that is upset and lungs that are upset. The purpose of this drawing is because many people are breathing in the particles from the removal sites and do not realize it, so their lungs become damaged. The final picture shows a sad house, a sad human and an angry crane. This illustrates that MTR not only devastates the mountains but devastates the towns and ruins them. It also is illustrating that the people of these towns have no say in whether these coal companies come and they just wait for them to leave. The angry crane shows that the coal company is just there to get the job done and leave.

Essentially, I wanted to illustrate a pattern that one cannot easily escape the effects of MTR and that everything that comes with MTR is devastating.

After presenting the comic to students, I asked if it was helpful. Everyone said yes. Comments included that they now know what it is. There were many comments of gratitude for sharing the information and acknowledgements that MTR is a significant public health and environmental issue.

Still, I am not done. I know that people have spent lifetimes learning about opposing MTR, so I intend to continue to educate myself about MTR, keeping others informed and finding alternatives. The comic strip was a first, but very powerful step for me and those I taught.

© Olivia Bouzigard, 2017.

MTR photo courtesy of the Ohio Valley Environmental Coalition. To learn more about their work, visit their website.

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ASU Student Uses Art to Teach Peers about MTR

A mind at work inspired research and response

By Michael M. Barrick

BOONE, N.C. – In late October, a professor at Appalachian State University (ASU) reached out to me because she had a student that wanted to learn more about Mountaintop Removal (MTR). I immediately contacted the student, and within two weeks we were meeting at a coffee shop in Boone.

Olivia Bouzigard, a graduate of a high school in Raleigh, N.C., confided to me that until she enrolled at ASU, she had never heard of MTR. So, prior to and following our meeting, I sent her links and information about people and organizations in Appalachia – in particularly West Virginia – that were fighting to end MTR because of its deadly effects on people and the destruction it caused to vital ecosystems and watersheds.

MTR comic

I was impressed even before I met her, as our email exchanges revealed evidence of a mind at work. When I finally met Olivia, her interest and concern were clear. I don’t keep track of time well, so I don’t know how long we met, but it wasn’t long enough to tell her everything she needed to know. It didn’t matter. From that meeting, Olivia ran with it.

What is impressive about her interest is that MTR is not really relevant to her major. She just cared. So, the other – and perhaps most important thing that impressed me about Olivia – is that she defied the stereotype that I hear from far too many people – that the current college-aged generation is self-absorbed.

As I traveled down the mountain back home from our meeting, I wasn’t sure what Olivia would do with her new knowledge and interest, but I was confident she would do something. Oh my, did she ever. The comic above says more in five simple illustrations than the thousands of words I have written about MTR. Most noteworthy is that she is using the comic to educate her fellow students at ASU.

So to Olivia and her like-minded peers, I say, Bravo! Thank you for caring about the poor and vulnerable. Thank you for caring for the environment. Thank you for looking beyond your own concerns to the needs of others. Thank you for being creative. Finally, thank you for challenging people of all ages to educate themselves about MTR and other assaults upon Appalachia and all of the sacred earth which sustains us.

Finally, thank you for giving me hope about the future. When I was teaching, I always challenged my students with this guiding tenet: Every day, all that I ask is that I see evidence of minds at work. With Olivia, that is exactly what I experienced.

© Michael M. Barrick, 2017. “Classic Mountaintop Removal” comic, © Olivia Bouzigard, 2017

Virginia Department of Environmental Quality Criticized for Failing to Properly Study Pipeline Impacts

Experts submit reports; more than 10,000 signatures from citizens delivered

Va DEQMONTEREY, Va. – A group of thirteen expert scientists and engineers submitted reports to the Virginia Department of Environmental Quality (DEQ) on August 22, finding that the DEQ has failed in its duty to properly analyze and protect against the water quality damages the Mountain Valley Pipeline (MVP) and Atlantic Coast Pipeline (ACP) would cause to Virginia’s waters.

If approved, the two 42-inch pipelines will traverse through hundreds of miles of Virginia. The ACP would originate in northern West Virginia before ending roughly 600 miles later in southeastern North Carolina. The MVP would also originate in northern West Virginia, traverse hundreds of miles through that state before crossing into Virginia, will it will terminate. The adverse impact upon public health and the environment by the construction and operation of the pipelines has led the tens of thousands of groups and individuals across the Commonwealth and beyond to oppose their construction.

In the reports, one issued for each of the pipelines, the authors wrote that they had reviewed the information DEQ claimed to rely upon in its draft Water Quality Certifications (WQCs) and made their own independent assessments. The experts’ conclusion in each case:

DEQ’s draft WQC, which asserts that there is a “reasonable assurance” that Water Quality Standards (WQS) will be met with the conditions contained in that draft, cannot be supported by the evidence in the record and pertinent scientific authorities and knowledge. Such a finding in the Department’s recommendation to the State Water Control Board (SWCB) would be professionally incompetent and would fail to meet minimum standards of scientific proof.

The authors of the expert report have a vast depth of experience and training (nearly 400 years in professional and academic posts overall) in the entire range of scientific and technical fields pertinent to DEQ’s decisions on the pipelines. They include the incoming president of the American Fisheries Society, a member of the Virginia Cave Board, and former senior engineers and scientists at the Virginia DEQ, the Virginia Department of Transportation, and the Maryland Department of the Environment. The group includes licensed professional engineers and geologists, professors from Virginia Tech and Washington and Lee University, authors of hundreds of peer-reviewed academic papers, and those who’ve served as expert witnesses in court for DEQ and other state and federal agencies. A complete list of the authors is included below.

“The authors of this report used strong language in our criticism of the proposed findings DEQ has made in its draft Certifications for the pipelines, because we are frankly dismayed to see an agency that’s supposed to base regulatory decisions on science and law ignore the facts and betray the public,” said David Sligh, Conservation Director of Wild Virginia and a Regulatory Systems Investigator for the Dominion Pipeline Monitoring Coalition (DPMC). The two groups included the expert reports as part of extensive submittals to DEQ during the comment periods that ended yesterday.

nopipeline-e1419984524674Rick Webb, DPMC’s Coordinator said, “We are not criticizing the dedicated technical employees at DEQ and the other state agencies who’ve studied the potential impacts from the hugely-disruptive projects. In fact, we cited the recommendations agency staff made in previous comments in which they explained why much more data and analyses were needed before protection of state waters could be assured, as the law requires; that permanent damages to our waterbodies could result and residents’ wells and springs ruined without additional information and protective measures.”

“What we are criticizing is the McAuliffe administration’s regulatory proposals, which ignore the concerns and devalue the expertise of their own technical staff,” stated Sligh. “DEQ must not proceed with flawed and scientifically-unsupported recommendations to the State Water Control Board to approve Certifications for either project. If Director Paylor, Secretary of Natural Resources Ward, and the Governor mandate such an approach, then the members of the Water Control Board must play their roles as protectors of the public and reject those recommendations.”

The reports’ authors include: Dr. Paul L. Angermeier, Ralph Bolgiano, Malcolm CameronHE, David Collins, P.E., Ari Daniels, Dr. Pam Dodds, P.G., Dr. David Harbor, Robert K. Johnson, Rick Lambert, William Limpert, Dr. Brian Murphy, David Sligh and Rick Webb. For more information, including access to the complete expert report on the ACP and additional DPMC reports on the draft 401 Water Quality Certification, visit the DPMC website.

 

10,000 Comments Delivered to DEQ by Environmental Groups

Also on Tuesday, experts, landowners, and environmental groups from across the Commonwealth gathered at DEQ headquarters in Richmond to deliver thousands of public comments related to DEQ’s 401 water certification process.

The comments, collected by the Sierra Club, Chesapeake Climate Action Network, Appalachian Voices, Bold Alliance, Blue Ridge Environmental Defense League, and Oil Change International urged the DEQ to do more in order to meet the agency’s obligations to protect Virginia’s water sources from natural gas pipeline construction and operations.

“DEQ’s draft Certification is legally and scientifically indefensible,” David Sligh, former Senior Engineer at Virginia’s DEQ, said. “The processes DEQ has conducted have been unfair and inadequate to satisfy the Governor’s promises of thorough and transparent regulatory reviews. The State Water Control Board cannot certify these projects unless it can assure that all state water quality standards will be met. A rigorous scientific analysis would prove such a conclusion is impossible.”

The public comments urge Governor McAuliffe and DEQ Director David Paylor to direct the DEQ to extend the public comment period for these projects and to conduct site-specific reviews and permits for each waterway crossed by both of these pipelines. The DEQ has originally announced to the public that it would undergo site-specific reviews for these pipelines in April, but announced in June that they that the agency would instead opt to rely on the Army Corps of Engineers’ blanket permitting process.

“The Corps’ process is woefully inadequate to protect our water,” Bill Limpert, a property owner in Bath County whose property would be traversed by the Atlantic Coast Pipeline, said. “We looked at the Corps’ map of our property and we have two streams that are not even present on that map. How are they supposed to protect our waterways if they don’t even know where they are?”

Courtesy submissions

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Alpha Natural Resources Ordered to Justify Mountaintop Removal Mine Permit

Mining site on Coal River Mountain has pattern of violations

Courtesy submission

CHARLESTON, W.Va. – The West Virginia Department of Environmental Protection (WVDEP) ordered Alpha Natural Resources subsidiary Republic Energy to show cause why a mountaintop removal coal mine permit on Coal River Mountain in Raleigh County should not be suspended or revoked. The order was issued on Aug. 1. Republic has 30 days to request a hearing or a consent order; otherwise, the permit will be suspended or revoked or its bond forfeited.

Republic has received seven notices of violation at its 802-acre Middle Ridge permit since July 25, 2016. Three or more of the same type of violation within a year demonstrate a pattern of violations and initiate the “show cause” procedure.

DCIM107MEDIADJI_0005.JPG

Alpha’s Middle Ridge site above the McDowell Branch neighborhood, Clear Creek, W.Va

Alpha subsidiaries operate over ten square miles of active, approved or pending mountaintop removal sites and coal waste slurry impoundments on Coal River Mountain. Local citizens group Coal River Mountain Watch has opposed the operations because of the documented public health impacts of mountaintop removal, including significantly elevated rates of cancer, heart disease, birth defects and other deadly illnesses. Mountaintop removal also causes long-term pollution of mountain streams and the loss of access to the mountain for traditional activities including hiking, hunting, and gathering ginseng, berries, mushrooms, ramps and other forest resources. Increased runoff from the deforested sites and altered topography can also contribute to flooding.

Middle Ridge drone 4-25-17 1 text.jpg

A blast above the McDowell Branch neighborhood, Clear Creek, W.Va. Photo credit: Coal River Mountain Watch

Four of the seven notices of violation on Republic’s Middle Ridge permit were for sediment control violations related to improperly constructed ditches and sediment ditch failure. Citizen complaints generated two of the sediment control citations.

“This isn’t rocket science. It’s a ditch. If Alpha can’t even properly maintain a ditch, why should we expect them to comply with any of the other regulations and permit conditions meant to protect water quality and nearby residents and property owners,” asked Vernon Haltom, executive director of Coal River Mountain Watch.

Local residents with Coal River Mountain Watch plan to continue pushing for the permanent revocation of the Middle Ridge permit, protection for Coal River Mountain and surrounding communities, and a strong, sustainable economy for southern West Virginia.

wv-dep-logo“The West Virginia Department of Environmental Protection needs to start living up to their name and their mission of promoting a healthy environment in West Virginia,” Haltom said. “Instead, they continue to grant mountaintop removal permits knowing full well that these operations will cause long-term water pollution, serious harm to the health of people in our communities, and damage to the long-term viability of our economy.”

Coal River Mountain Watch of Naoma, W.Va., has a mission to stop the destruction of our communities and environment by mountaintop removal mining, to improve the quality of life in our area, and to help rebuild sustainable communities. The website ishttp://crmw.net.

More information

Show cause order: https://drive.google.com/open?id=0B87Y5QG4Eg0Xa211WUJEV2YxRWc

Middle Ridge violations: https://apps.dep.wv.gov/WebApp/_dep/search/Permits/ViolationsDetailsQuery.cfm?permit_id=S301712&dep_office_id=OMR

Republic Energy permits on Coal River Mountain: https://apps.dep.wv.gov/WebApp/_dep/search/Permits/RP_PermitQuery_new.cfm?office=OMR