N.C. Rep. Mark Meadows Opposes FISA Amendments Reauthorization
Congressman says law is being used to spy on Americans
By Michael M. Barrick
LENOIR, N.C. – Representative Mark Meadows of North Carolina’s 11th Congressional District, which includes most of Western North Carolina, has issued a statement on his congressional website saying that the House Freedom Caucus Board opposes reauthorization of the Foreign Intelligence Surveillance Act (FISA) because the law is being abused to violate the constitutional rights of Americans.
Rep. Mark Meadows (R, NC-11)
The brief statement on Meadows’ website says, “Government surveillance activities under the FISA Amendments Act have violated Americans’ constitutionally protected rights. We oppose any reauthorization of the FISA Amendments Act that does not include substantial reforms to the government’s collection and use of Americans’ data.”
Meadows, a Republican and one of the most conservative members of Congress, is not alone in his criticism of the FISA Amendments. Journalists, constitutional experts and open-government advocates have all been sharply critical of the FISA Amendments, especially after it was revealed by Edward Snowden that the program was being used to spy on Americans. Indeed, the FISA Amendments were passed in 2008 following an investigation by The New York Times that revealed that the administration of President George W. Bush was conducting warrantless monitoring of calls and emails of people inside the United States; the FISA Amendments were presumably designed to allow the collection of data that had been exposed by the investigative report. Yet, as ProPublica reports, dozens of lawsuits brought about by the FISA Amendments have been filed because of alleged abuses of the law and ongoing concerns about its constitutionality.
At question is Section 702 of the FISA Amendments, which are set to expire at the end of this year unless Congress reauthorizes them. Section 702 spells out the provisions by which federal law enforcement agencies can monitor and collect data of individuals not on American soil. The section established the widely-cast net of surveillance programs that Snowden revealed in 2013 were being used to spy on Americans. Consequently, the FISA Amendments have come under criticism by an unusual coalition of conservatives, liberals and libertarians for violating the Fourth Amendment’s protections against warrantless searches.
President Trump has said that he supports reauthorization of the FISA Amendments, putting Meadows at odds with the party’s standard-bearer again. Meadows and the House Freedom Caucus he chairs effectively stalled the first attempt by the GOP to overhaul the Affordable Care Act (ACA). Meadows and his allies argued that the GOP replacement did not go far enough in overturning the ACA.
The known and unknown investigations about interference in the 2016 U.S. presidential election by the Russian government may complicate the debate over the FISA Amendments. For example, investigators learned of the contact by General Michael Flynn with Russians through a FISA warrant. Some legal experts say that the information gathered about Flynn was within the law.
And that, apparently, is the rub. Opponents to reauthorizing the FISA Amendments say that collecting information about Americans through a wide net – even if only incidentally – is simply too much of a threat to the constitutional rights of Americans. As Ohio Republican Jim Jordan asked, “Is 702 consistent with the Constitution? That’s the fundamental question.”
© Michael M. Barrick, 2017
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Mural Project Highlights Endangered Species
Carolina Northern Flying Squirrel Featured in National Project
ASHEVILLE, N.C. – The Center for Biological Diversity and Dogwood Alliance will host an event on Sunday, June 11 to celebrate the latest installment in the Center’s national endangered species mural project and the final piece in the Gateway Mural series marking the entrance into downtown Asheville below Interstate 240.
The event is scheduled for 3 – 5 p.m. at the underpass where Lexington Avenue crosses under Interstate 240 in downtown Asheville. The underpass is just north of Rosetta’s Kitchen on the Merrimon Ave side of the underpass.
The Carolina northern flying squirrel mural at Merrimon and Lexington avenues will be 90 feet long and 20 feet tall and is being painted this week. The national endangered species mural project highlights imperiled species of special significance to their regions.
Carolina Northern Flying Squirrel – Credit: USWFS
“The Carolina northern flying squirrel is a beautiful little animal and really represents the forests and mountains of this area,” said Roger Peet, endangered species mural project coordinator. “The fact that its habitat is shrinking due to climate change makes it even more iconic for this moment in time and important to save from extinction.”
The flying squirrel mural is being painted by Portland, Ore. artist Roger Peet and Asheville artist Tricia Tripp.
“It makes my heart happy to be painting flying squirrels – I love these little animals,” Tripp said. “It’s an honor to be able to paint the final piece in the Gateway Mural.”
The event will include music by honky-tonk band Hearts Gone South. Along with the artists, Center scientist Tierra Curry and folk with the local conservation organization Dogwood Alliance will attend the mural celebration.
Carolina northern flying squirrels are secretive, nocturnal gliders found on mountain peaks in western North Carolina, eastern Tennessee and southwest Virginia.
Named for the folds that stretch from their wrists to their ankles allowing them to “fly,” the squirrels are endangered because of threats to their high hardwood forest homes. The squirrels are survivors from the last Ice Age and prefer moist and cool conditions. They are tiny and social, often sharing nest cavities, and have flattened tails that make up 80 percent of their length.
The Center’s endangered species mural project has installed 12 murals in public spaces around the country. Regional murals already in place include a watercress darter in Birmingham, Ala.; a pink mucket pearly mussel in Knoxville, Tenn.; and a white fringeless orchid in Berea, Ky.
“The endangered species mural project brings together art, science and conservation to foster connections between human communities and imperiled wildlife, so we hope this mural inspires people to learn more about saving local endangered species,” said Tierra Curry, a scientist at the Center.
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.3 million members and online activists dedicated to the protection of endangered species and wild places.
Courtesy Article
Duty Calls
Trump is a ‘Clear and Present Danger’ to American people and world peace
By Michael M. Barrick
Duty calls.
Donald Trump has proven repeatedly that he is a “Clear and Present Danger” to the American people and world peace (if you need proof, just stop reading; this column is written based on the assumption that our readers do have gray matter in their heads and have been paying attention to the impact our president is having on the most vulnerable among us and upon world peace).
Now, if you’re still reading, this is what is required. Whatever else we may be doing personally or professionally, we each have an obligation as children of God to oppose Donald Trump and his policies at every turn. We have a duty to our children and grandchildren and those we will never know who will follow them. We have inherited a legacy of a nation that, though imperfect, has generally been on a trajectory of improvement on human rights. That all changed in November 2016.
Trump must be stopped. He is unfit for the job. He lacks the historical knowledge, intellect, diplomatic skills, and ultimately basic human empathy that his job requires.
Stunned at the idiocy of the American people, I declared after the election to several friends that I was done with politics. It didn’t help that for 17 days of early voting, I experienced some of the most hateful comments ever directed at me – by so-called Christians. So, although I was the campaign manager for the most honorable person I have ever known to run for office – Art Sherwood, who ran for the North Carolina State Senate – after the election, I was determined to walk way. In fact, despite efforts by some friends and colleagues to immediately launch an effort to refute the inevitable disaster that we all knew was unfolding, I refused to participate. I said that the American people had chosen the idiot and could live with the consequences; I was “going back to the woods.” That was selfish. We can’t live with the consequences.
Indeed, before the election, I wasn’t a fan of Hillary Clinton and cast my primary vote for Bernie Sanders before ultimately voting for Clinton in the General Election. She was not my first choice, but I was – and am – confident that she would not have undone 240 years of American progress. So, admittedly overconfident like so many others, I looked forward to a better and relaxing 2017. Well, it didn’t turn out that way. So, as has been said before, these are times that try our souls. Indeed.
So, please, do what you can to save our nation. I personally have “set my face like flint” and will not turn to the left or to the right until Donald Trump is but a mere (albeit embarrassing) footnote in our history. It is my duty. It is our duty.
My outlook is not made in a void or out of a personal hatred for Donald Trump (though he does all he can to invite it). It is informed by Catholic social teaching. Yes, my faith informs my writing, my actions, and I hope all that I do. And that faith is not remotely close to the one espoused by the “Religious” Right.
Credit: Andrew Massey
What I learned about following Jesus came from my parents, from the nuns at St. Mary’s Grade School and Notre Dame High School in Clarksburg, W.Va., and from the priests at two parishes – Immaculate Conception in Clarksburg and later in life at All Saints in neighboring Bridgeport. These people and institutions were not perfect. I challenged virtually everything I was taught. I studied the scriptures myself. I scrutinized the Catechism. I have had more than one “dark night of the soul.”
Ultimately though, after 61 years, I have concluded I was exposed to some pretty solid teaching – and thank God, mentoring. This is what I learned, and believe even more strongly today: the “United States Catholic Catechism for Adults,” teaches, “A basic moral test is how our most vulnerable members are faring. In a society marred by deepening divisions between rich and poor, our tradition recalls the story of the Last Judgment (Mt 25:31-46) and instructs us to put the needs of the poor and vulnerable first” (p. 423).
Clearly, Donald Trump – and for that matter, it would seem the entire (ahem, Christian) GOP – could not care less about the poor and vulnerable. Their enacted and proposed domestic policies will cause great pain and suffering to our most vulnerable citizens. Trump also is quickly destabilizing every volatile region of the earth through his bellicose policies and ignorant tweets.
He must be stopped. He is unfit for the job. He lacks the historical knowledge, intellect, diplomatic skills, and ultimately basic human empathy that his job requires.
So, he must go. His cabinet, if it had just one person of principle, could easily make a case to remove Trump by invoking the 25th Amendment to the U.S. Constitution. Lacking that, it would seem impeachment is inevitable, but again, that requires courage within Trump’s own party. I see nobody in the GOP with such courage.
Of course, in 2018, we can take away his Republican majorities in Congress. That will help, but it may be too late. And should the Democrats win, they are just as susceptible to the intoxicating effects of power as any other human, so they must be diligently monitored as well.
Credit: Ben White
Clearly, any and every strategy that will remove or mitigate Donald Trump – so long as it is peaceful and within the law – must be employed. If you care about peace and justice, you must stand against this evil president. It doesn’t matter how. You know the highest and best use of your talents. Put them to work for this cause. Pray; write a song; run for office; support organizations that are fighting Trump; and, for God’s sake, vote! It is your most precious freedom. Not voting is being a lousy steward of the rights you enjoy that were paid for by the blood of your ancestors.
The Republicans love to quote scripture to justify their policies. How they justify an alliance with Donald Trump, is on the surface, mystifying. Ultimately though, it isn’t. They’re just liars. They use religion to get votes, but ultimately simply want power to enact an agenda totally inconsistent with American values and history.
So, let us respond appropriately: “Take no part in the fruitless works of darkness; rather expose them” (Ephesians 5:11). You need not be a Christian to understand this. If you have eyes to see and ears to hear, you know what is going on. As such, you know your duty. Let’s get about doing it.
© Michael M. Barrick 2017.
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Soul Speak
A poem at Pentecost
By Michael M. Barrick
Credit: Aaron Burden
For Christians that follow a liturgical calendar, Pentecost is a commemoration of the beginning of the church, as read about in Acts 2: 1-11. This poem, while originating from a long, ongoing dialogue about the Incarnation with a dear friend who is a Catholic priest, is certainly not intended only for the “religious.” It is my experience, in having friends of every faith or no faith, that there is something intangible that happens among friends and family that mystically connects us. This is one such expression of that phenomenon.
Soul Speak.
It is the language of the Incarnation.
To the rationalist, it is unintelligible; to the mystic, the native tongue.
Soul Speak.
It is the language that made and keeps me as one
with Sarah.
Soul Speak.
It is the language that prompts my confessor
to call or visit at the most unpredictable – but perfect – times.
Soul Speak.
It is the source of the compassion that compelled me
to apologize to Nan as her son – my friend – was dying.
Soul Speak.
It is the language that overwhelms me with tears
during morning prayers or while walking in the woods.
Soul Speak.
It is the language that compels me to approach strangers
with a smile.
Soul Speak.
It is the language of family and friends,
for those despairing and despondent.
Soul Speak.
It is the language that ignites the spirit of peace
through the arts.
Soul Speak.
It is the language that calls us to love all of humanity
with mercy, grace, and hope.
Soul Speak.
It is the language that compelled John to leap
in Elizabeth’s womb upon the greeting from Mary.
Soul Speak.
It is the language
of the Master of my heart.
© Michael Barrick, 2015 -17.
The Power behind the Atlantic Coast Pipeline
Corporate Sway, Conflicts of Interest, and Revolving Doors
BUFFALO, N.Y. – The powerful forces pushing a controversial pipeline proposed for West Virginia, Virginia, and North Carolina include Dominion Energy and its influential CEO Tom Farrell, state politicians that are top recipients of Dominion donations, and an army of revolving door lobbyists, including a former EPA official, according to a new report.
The report, from the nonprofit watchdog group Public Accountability Initiative, examines corporate influence, political donations, revolving door lobbyists, regulatory conflicts, and the banks behind the controversial proposed Atlantic Coast Pipeline. It is the third in a series that examines the power relations behind a range of controversial pipeline projects in the United States.
The most powerful backer of the Atlantic Coast Pipeline is Dominion Energy, an energy utilities company that has vast influence within Virginia and is one of the state’s biggest political donors. Dominion CEO Tom Farrell sits on multiple influential boards, has powerful family connections, and is one of the state’s biggest individual political donors.
Some of the most vocal supporters of the pipeline within Virginia politics have been the biggest recipients of Dominion donations. Dominion also has an army of revolving door lobbyists that have pushed politicians and regulatory agencies to support the pipeline. One of these lobbyists includes a former Environmental Protect Agency official, now working for Dominion.
It’s important that the public is aware of the power behind the Atlantic Coast Pipeline, which includes a company that gives millions to state politicians and hires lobbyists with ties to elected officials and regulatory bodies.” – Derek Seidman
“The Atlantic Coast Pipeline has been widely unpopular with residents in Virginia and elsewhere who stand to be impacted by it,” said Derek Seidman, a research analyst at PAI and author of the report. “It’s important that the public is aware of the power behind the Atlantic Coast Pipeline, which includes a company that gives millions to state politicians and hires lobbyists with ties to elected officials and regulatory bodies.”
There are other troubling signs of conflicts of interest and revolving door politics surrounding the Atlantic Coast Pipeline. Key members of Virginia’s Department of Environmental Quality, who must review the pipeline proposal and make recommendations regarding its approval, have accepted gifts from Dominion personally or through their organizations, and one director appears to have previously represented Dominion as an attorney. Regulatory agency staff sit on multiple boards with members of Dominion management. Dominion’s CEO and Senior Vice President of Sustainability also served nearly eight years as Director of the Air Division of the Virginia DEQ.
“It’s worrying that the entities that must approve the Atlantic Coast Pipeline have ties to Dominion,” said Seidman. “With such a controversial project that could put nature and so many people at risk, there really needs to be more transparency and accountability behind regulatory efforts.”
The report also highlights the nearly three dozen banks who are lending to Dominion and Duke Energy, and who may profit off of the pipeline. Eighteen banks are lending to both of the corporations, and all but two of these banks are also helping to fund the controversial Dakota Access Pipeline. Duke Energy, the powerful North Carolina-based energy corporation, is the pipeline’s second biggest stakeholder.
To read the full report, go to: http://public-accountability.org/2017/06/the-power-behind-the-pipelines-atlantic-coast-pipeline/
(Courtesy Submission)
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Tom Perriello for Virginia Governor
Mr. Perriello demonstrates courage and leadership that are too rare
By Michael M. Barrick
Tom Perriello
RICHMOND, Va. – Virginia voters will go to the polls on June 13 to select nominees for governor. For those that care about the human and environmental health of Virginia, and for those that have devoted their lives to stopping the ill-advised Atlantic Coast Pipeline and Mountain Valley Pipeline, the Appalachian Chronicle believes the evidence is clear – Democratic candidate Tom Perriello is the best choice for Virginians and their neighbors.
While the race will be watched closely with those obsessed about reading political tea leaves and what it means about upcoming national election cycles in 2018 and 2020, many folks in Virginia – as well as neighboring West Virginia and North Carolina – have far more immediate concerns. They wish to protect their families, homes and communities from the inevitable, permanent and negative impacts upon human and environmental health that will be caused by the pipelines.
Mr. Perriello is an ally of those fighting fracking and the pipelines. He has issued position papers on the environment and building a clean energy future which are based in sound science and reject profit over people. Indeed, in taking on Richmond-based Dominion Energy, he has clearly demonstrated courage.
On Leadership
What would induce anyone, at this stage, to hold on to power only to be remembered for their inability to take action when it was urgent and necessary to do so?” – Pope Francis
A couple of years ago, I was asked by a well-known environmental group to speak to the relevance of the ecological encyclical “On Care for Our Common Home” by Pope Francis as it applies to Appalachia.
This group clearly understands the root cause of the problems we face. It didn’t take long for several people to assert that the most important statement in the encyclical was not about the environment, but leadership. In paragraph 57 of the encyclical, Pope Francis asks, “What would induce anyone, at this stage, to hold on to power only to be remembered for their inability to take action when it was urgent and necessary to do so?” In fact, as his is blunt nature, the pope said also, “We lack leadership” (no. 53).
That is the first reason Virginia and Appalachian residents need Mr. Perriello to be the next governor of Virginia. He has demonstrated the leadership required by the times.
Shenandoah Mountain, Va. If approved, the Atlantic Coast Pipeline would forever mar this land. Photo by Brad Striebig.
The second reason is that the state agencies charged with protecting the environment are simply not doing it. Dozens of groups and thousands of residents of Virginia have been denied critical information. Mr. Perriello has promised to return transparency and proper enforcement to Virginia government. One example of why this is so critical just came in from Rick Webb, the program coordinator for the Dominion Pipeline Monitoring Coalition, based in Monterey.
In an email, Webb wrote, “The Virginia Department of Environmental Quality announced on April 6th that it would conduct full, site-specific regulatory reviews for both the Atlantic Coast Pipeline and the Mountain Valley Pipeline under the Clean Water Act and state law.” He revealed, however, “DEQ officials now say (seven weeks later) that inaccurate information was provided to the public, and that the DEQ will instead rely on the U.S. Army Corps of Engineers to examine stream crossings, which will number in the hundreds for each project.”
Webb continued, “DEQ’s current backpedaling is but the latest manifestation of Dominion’s resistance to providing site-specific plans for agency and public review. Dominion doesn’t want the public to understand the real impact of the project until after it has its approvals in hand. The same is no doubt true for the MVP developers.”
Mr. Perriello has pledged to require state agencies to do their jobs. That begins with holding Dominion and its partners accountable. To that end, we are hopeful that Mr. Perriello would embrace the Precautionary Principle to justify placing a moratorium on pipeline development, fracking and related activities.
The Precautionary Principle, according to the Science & Environmental Health Network, asserts, “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.” It is a philosophy embraced by public and environmental health experts the world over.
Pope Francis
As Pope Francis wrote, “This precautionary principle makes it possible to protect those who are most vulnerable and whose ability to defend their interests and to assemble incontrovertible evidence is limited. If objective information suggests that serious and irreversible damage may result, a project should be halted or modified, even in the absence of indisputable proof. Here the burden of proof is effectively reversed, since in such cases objective and conclusive demonstrations will have to be brought forward to demonstrate that the proposed activity will not cause serious harm to the environment or to those who inhabit it” (no. 186).
This is the third reason that we support Mr. Perriello. His many position papers demonstrate an overarching, preferential concern for the poor and vulnerable.
Mr. Perriello has demonstrated leadership. He is standing with the people. We hope the people of Virginia will stand with him on Election Day – in June and November.”
Mr. Perriello has risked his political career by aligning himself with the people, with human health, and with the environment in direct defiance of the wishes of Dominion Energy. This election is an opportunity for the people of Virginia to honor not Dominion, but the best characteristics of the Old Dominion – concern for one’s neighbor, an understanding of the value and beauty of the land, and a fierce determination to maintain individual liberty.
A vote for Mr. Perriello will accomplish that. His courage is rare and a good reason alone to endorse him. He is clearly the best candidate to protect human and environmental health. Finally, he understands that our problems are symptomatic of a much more dangerous problem our nation faces – the lack of solid, authentic, courageous leaders. Well, Mr. Perriello has demonstrated leadership. He is standing with the people. We hope the people of Virginia will stand with him on Election Day – in June and November.
© The Appalachian Chronicle, 2017.
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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).
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 sand, research accumulated, corroborating what residents were (and still are) saying: MTR is really bad for human health.
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.
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:
- Conviction upheld
- Conviction overturned
- 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.
Meanwhile, 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.
West 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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A Dirty Dozen Reasons to Oppose Fracking
ACP Would Require Extensive Mountaintop Removal
An Open Letter to W.Va. Governor Justice and DEP Secretary Caperton
As West Virginia Legislature Convenes, Root Cause of Elk River Spill Remains, Say Researchers
Atlantic Coast Pipeline Costs Outweigh Benefits, Claims Independent Study
Breaking Ground, Breaking Hearts
Catholic Committee of Appalachia Issues Statement on Applying Pope Francis’ Ecological Encyclical
Catholic Group Critical of Don Blankenship Trial Outcome
Citing Medical Studies, Activists Call for an End to Mountaintop Removal Permits
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
Clarksburg Newspaper’s Independence in Doubt
Dominion is a Bully, not a Community Builder
Ecological Groups Take on West Virginia AG over Clean Power Plan
Environmental Groups Target WVDEP over Mountaintop Removal Permitting
Environmental Scientists, Activist Applaud Mountain Valley Pipeline Ruling
EQT Letter Characterized as Misleading and Bullying
Factual Reporting is not Always Balanced
Federal and State Agencies Targeted for Lax Oversight of Mountaintop Removal
FERC Independence Challenged by Nonprofits
Fracking Forum a Time to Learn, Unify and Act
Fracking Poses Threats to Public Health, Say Experts
From ‘Almost Heaven’ to ‘Almost Hell’
Groups Work to Bring the Public Voice into Gas Pipeline Projects
Have We Learned Anything from Buffalo Creek?
Health and Well-Being of Residents Being Subordinated to Fracking Industry
Inaugural West Virginia Solar Congress Scheduled
Incompetence and Complacency Increase Dangers from Fracking
Industrial Hemp Offers Hope to Appalachia’s Farmers and Environment
Jim Justice Mining Operation Endangers Public Health and Ecology, Says Scientific Center
Jury in Pennsylvania Fracking Case Sees Clear Value in Lives and Property
Lewis County Resident Issues a Plea: Wake up West Virginia
Monongah Tragedy Still Looms Large
Mountain Party of West Virginia Offers Response to Governor’s ‘State of the State’ Address
Mountaintop Removal Semantics Debate Gives Ammunition to Energy Industry
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
Pope Francis Addressing the Root Cause of Climate Chaos
Pope Francis Gives Hope to Appalachia’s People
Proposed ‘New” Route for Atlantic Coast Pipeline no Better than One Rejected, Say Opponents
Provisions of W.Va. Storage Tank Law Undermine its Stated Intent
Putting Liberation Theology to Practice in Appalachia
Recent Coal Mining Deaths are Acts of Greed, Not ‘Acts of God’
Seeking Dominion over His Own Land
Unity the Theme at ‘Preserving Sacred Appalachia’ Conference
Victim in Fracking Truck Accident had Warned Commissioners of Roadway Dangers
Virginia Officials Agree to Demands from Advocacy Group about Pipeline Deliberations
West Virginia: The Rodney Dangerfield of the USA
West Virginia Catholic Diocese Challenged to Reject Coal’s ‘Dirty Money’
West Virginia Church Earns Award for Solar Energy Use
West Virginia Couple Models Renewable Energy
West Virginia Pipeline Project Cited for Numerous Violations
West Virginia Residents in Heart of Fracking Field Join in National Action
West Virginia Workers under Attack in Charleston
West Virginians and Pennsylvanians Standing in Solidarity Against Natural Gas Industry
West Virginia’s History Rooted in Conflict
West Virginia’s Top Story in 2015: People and Land under Assault
Why People Deny Global Warming Clues
To receive a PDF of the Governor’s Independent Investigative Panel on the UBB disaster, send an email to michaelbarrick56@gmail.com
ACP Would Require Extensive Mountaintop Removal
Proposed route by Dominion would destroy nearly 40 miles of ridgetops, cause ‘irrevocable harm,’ say environmental groups
RICHMOND, Va. – A briefing paper released today details how Dominion Resources intends to blast away, excavate, and partially remove entire mountaintops along 38 miles of Appalachian ridgelines as part of the construction of the Atlantic Coast Pipeline (ACP).
There is no way around it. It’s a bad route, a bad plan, and should never have been seriously considered.” – Dan Shaffer, Spatial Analyst with the Dominion Pipeline Monitoring Coalition
The briefing paper was prepared by the Chesapeake Climate Action Network in coordination with the Allegheny-Blue Ridge Alliance, Friends of Nelson, Appalachian Mountain Advocates, and the Dominion Pipeline Monitoring Coalition. It cites data from the Draft Environmental Impact Statement (DEIS) prepared by the Federal Energy Regulatory Council (FERC) as well as information supplied to FERC by Dominion. It also compiles information from Geographic Information System (GIS) mapping software and independent reports prepared by engineers and soil scientists.
They found that Dominion would require mountaintops to be “reduced” by 10 to 60 feet along the proposed route of the pipeline. For perspective, the height equivalent of a five-story building would be erased in places from fully forested and ancient mountains.
Furthermore, Dominion has yet to reveal how it intends to dispose of at least 247,000 dump-truck-loads of excess rock and soil – known as “overburden” – that would accumulate from the construction along just these 38 miles of ridgetops.
It is astounding that FERC has not required Dominion to produce a plan for dealing with the millions of cubic yards of excess spoil that will result from cutting down miles of ridgetop for the pipeline. We know from experience with mountaintop removal coal mining that the disposal of this material has devastating impacts on the headwater streams that are the lifeblood our rivers and lakes.” – Ben Luckett, Staff Attorney at Appalachian Mountain Advocates
“In light of the discovery that the ACP will cause 10 to 60 feet of mountaintops to be removed from 38 miles of Appalachian ridges, there is nothing left to debate,” said Mike Tidwell, Executive Director of the Chesapeake Climate Action Network. “Dominion’s pipeline will cause irrevocable harm to the region’s environmental resources. With Clean Water Act certifications pending in both Virginia and West Virginia, we call on Virginia Governor Terry McAuliffe and West Virginia Governor Jim Justice to reject this destructive pipeline.”
Mountaintop Removal – Courtesy of OVEC
Dominion has submitted a proposal to FERC to build a 42-inch diameter pipeline that would transport natural gas from West Virginia into Virginia and North Carolina. The groups assert that Dominion has attempted to paint the ACP as an “environmentally-friendly” project. However, they argue that proposed construction methods and route selection across and along steep mountains is unprecedented for the region – if not the country – and are viewed as extreme and radical by landowners, conservationists, and engineers. Similar impacts – although not yet fully inventoried – could come from the construction of a second pipeline to the south: the Mountain Valley Pipeline led by the company EQT Midstream Partners, LP.
“The ACP could easily prove itself deadly,” said Joyce Burton, Board Member of Friends of Nelson. “Many of the slopes along the right of way are significantly steeper than a black diamond ski slope. Both FERC and Dominion concede that constructing pipelines on these steep slopes can increase the potential for landslides, yet they still have not demonstrated how they propose to protect us from this risk. With all of this, it is clear that this pipeline is a recipe for disaster.”
Key findings of the report include:
- Approximately 38 miles of mountains in West Virginia and Virginia will see 10 feet or more of their ridgetops removed in order to build the ACP; this figure includes 19 miles each in West Virginia and Virginia.
- The majority of these mountains would be flattened by 10 to 20 feet, with some places along the route requiring the removal of 60 feet or more of ridgetop.
- Building the ACP on top of these mountains will result in a tremendous quantity of excess material, known to those familiar with mountaintop removal as “overburden.”
- Dominion would likely need to dispose of 2.47 million cubic yards of overburden, from just these 38 miles alone.
- Standard-size, fully loaded dump trucks would need to take at least 247,000 trips to haul this material away from the construction site.
Ben Luckett, Staff Attorney at Appalachian Mountain Advocates, said, “It is astounding that FERC has not required Dominion to produce a plan for dealing with the millions of cubic yards of excess spoil that will result from cutting down miles of ridgetop for the pipeline. We know from experience with mountaintop removal coal mining that the disposal of this material has devastating impacts on the headwater streams that are the lifeblood our rivers and lakes.” He argued, “FERC and Dominion’s complete failure to address this issue creates a significant risk that the excess material will ultimately end up in our waterways, smothering aquatic life and otherwise degrading water quality. Without an in-depth analysis of exactly how much spoil will be created and how it can be safely disposed of, the states cannot possibly certify that this pipeline project will comply with the Clean Water Act.”
“Even with Dominion’s refusal to provide the public with adequate information, the situation is clear: The proposed construction plan will have massive impacts to scenic vistas, terrestrial and aquatic habitats, and potentially to worker and resident safety,” said Dan Shaffer, Spatial Analyst with the Dominion Pipeline Monitoring Coalition. “There is no way around it. It’s a bad route, a bad plan, and should never have been seriously considered.”
The full briefing paper is available here.
Appalachian Preservation Project on Facebook
Appalachian Chronicle on Twitter: @appchronicle
The Fake Compromise of N.C. House Bill 2
Cooper and the General Assembly make a mockery of the state motto
By Michael M. Barrick
N.C. Gov. Roy Cooper
RALEIGH, N.C. – The bill passed by the North Carolina General Assembly and signed into law by Governor Roy Cooper on March 30 to repeal the state’s controversial “bathroom bill” is nothing less than shameful. It is a fake compromise; it is certainly not a repeal, which was what is needed. In this case, a return to the status quo before the Charlotte City Council passed its local ordinance that precipitated the HB2 madness is the only option that will allow cooler heads to prevail and allow us to have an honest debate in this state about this issue.
That means no more rushing bills through with little or no transparency, as the first one was done during special session and this replacement was done last week.
Sadly, the only thing it accomplished is to demonstrate that both political parties are woefully lacking in leadership. That is because this new law changes nothing for now; the GOP-controlled General Assembly ensured that the bill includes a provision that still prevents local municipalities from passing ordinances “regulating private employment practices or regulating public accommodations” until Dec. 1, 2020.
Understandably, those seeking repeal of HB2 are beyond disappointed by Governor Roy Cooper; they feel betrayed. And well they should. This so-called compromise is an attack up the LGBTQ community, workers’ rights, and local control. That is not a legacy consistent with Democratic Party values.
Meanwhile, the Republican Party claims to be the party that believes in local control. They even believe in nullification of federal laws with which they disagree. For them to handcuff local municipalities is a cynical betrayal of their fundamental principles – simply for political gain, regardless of the harm it does to the people and state they are elected to represent.
So, once again, both of our major political parties have failed us on this issue that is an absolute embarrassment and betrayal of the legacy of bi-partisanship for which North Carolina was once known.
In short, they’ve betrayed our state motto – Esse Quam Videri, which is Latin for “To be rather than to seem.”
© The Lenoir Voice, 2017.
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