Public health, environment and property rights under siege from crony capitalism; people respond vigorously, despite odds

 By Michael M. Barrick

BRIDGEPORT, W.Va. – While the fossil fuel extraction industry has dominated West Virginia’s political system, economy and communities since it became a state in 1863, the assault upon public health, the environment and property rights in 2015 by corporations and the Mountain State’s legislature was historic. Not since United States senators were appointed by legislatures, in the days when corporate robber barons owned the coal fields, the railroads and the politicians, and efforts to unionize coal miners were met with government-sanctioned violence, has there been such a blitzkrieg of shenanigans and skullduggery unleashed upon the state’s citizens.

Yet, the people have responded energetically. Easily outgunned by corporations, outspent by PACs, and surrounded by apathetic neighbors possessing a sense of inevitability that the energy industry will have its way in West Virginia, many citizens and groups have fought the attack vigorously and widely. The events of 2015 affecting the ecology of West Virginia is about far more than policy, it is about people – about those people making a difference, whether for well or ill.

While corporate interests and most of the state’s mainstream media promote a continued reliance upon what is essentially a bust-and-boom economy, more and more voices standing in opposition to the status quo are being heard. With solid evidence of harm to public health, damage to the environment and abuse of eminent domain from the industry – particularly through fracking and mountaintop removal – more people are joining forces to hold government, industry and even the church accountable.

These stories are not necessarily listed in chronological order and are not offered as a ranking of importance. Instead, it is an attempt to assess the whole year much as one would look at a quilt after it has been completed.

The top stories                                                    

• The “People’s Capitol” no more
• Influence of religion a mix of the hopeful and disturbing
• Mediocrity at West Virginia Department of Environmental Protection
• Eminent domain abuse
• Public health threats
• Environmental degradation
• The people respond
• The Don Blankenship trial
• Poor and biased press coverage

The “People’s Capitol” no more

The gold-domed state capitol along the Kanawha River in Charleston is known as “The People’s Capitol” because of its openness to the people. While that is changing physically this year as security officials add metal detectors and other security steps, the event that really denied the people access to their government was the takeover of the legislature by the Republican Party. Not that the GOP has a patent on arrogance. The Democrats had grown entirely too comfortable after more than 80 years of control. Their arrogance was on display for all to see. All one had to do was visit the offices of the legislators before the GOP takeover. The Democrats had the largest offices and those in special authority – such as the speaker – had not only their titles but names affixed to the doors. As I walked through the capitol on a snowy February day in 2014 just a few weeks after the Elk River spill, I was pleased with how many legislators made themselves accessible; more than a few seemed genuinely interested in serving the people. However, the display of arrogance on the office doors by the party’s leadership was disturbing. It was clear proof that the lure of power had seduced them to promote themselves, not serve the people.

So, in a sense, the Democrats got what they deserved in November 2014. Unfortunately, beginning in January 2015, so did the people of West Virginia. Why people vote against their own interests is beyond my comprehension. For instance, coal miners voted for the very people who protect men like Massey Energy’s Donald Blankenship (more about him later) and are doing all they can to destroy the United Mine Workers (UMW).

Additionally, the GOP is pushing for “Forced Pooling” legislation that would rob landowners of their most basic rights. That issue died in the legislature on a tie vote in committee last year and is a legislative priority for the GOP this year when the West Virginia legislature convenes on Jan. 13. Forced pooling allows the gas industry to force landowners to allow gas companies to access the gas under their land even if the landowner doesn’t agree to it so long as a certain percentage of their neighbors have agreed to sell. And, despite the devastation done by the Elk River spill in 2014, the Republican-led legislature rolled back vital provisions of the West Virginia Storage Tank Law. This led to weakened oversite, restrictions on public access to hazardous chemical information, and loopholes which severely undermine the stated intent of the law. (Read the full story here).

Influence of religion a mix of the hopeful and disturbing

In West Virginia, approximately three out of four people identify themselves as Protestant; only seven percent are Catholic. As with political parties, these two major Christian sects hold quite disparate views on ecological issues; indeed, within each denomination, congregation and parish, one can find division about what the faith teaches regarding environmental stewardship.

Evangelicals and fundamentalists generally hold a “dominion” theory of stewardship. It is not only reflected in sermons, but is referenced by energy industry officials as justification for their attacks upon public health and the environment. Indeed, a leading energy industry executive shared that view here in Bridgeport in March. Executive Director Corky DeMarco of the West Virginia Oil and Natural Gas Association said, “God didn’t want us to be farmers, or this place would look like Kansas. God put us here in these mountains that are 450 million years old with the best coal in the world and the most natural gas in the world. And we have a responsibility, and I think companies like Dominion and others have seized on the opportunities that these mountains have provided and will continue to do this.” (Read the full story here).

Yet, Allen Johnson of Dunmore, who leads the evangelical organization Christians for the Mountains, took several other evangelicals and reporters to Kayford Mountain, West Virginia’s most infamous mountaintop removal site. As a result of this effort, national publications noted that some evangelicals are serious about creation care. (You can read articles here and here). Another, not available online, was published by the conservative Christian World magazine based in Asheville, N.C. Explaining the outreach, Johnson said, “It’s a lot easier to preach to the choir, so to speak, than to step across the divide, but that is what is needed in our polarized culture – build trust, tell stories, show, listen, find common ground somewhere.”

Catholics, however, have become accustomed to their clergy – in particular the bishop – to be a prophetic voice for the land and its people. Indeed, the West Virginia-based Catholic Committee of Appalachia (CCA) has published two pastoral letters by the Catholic bishops of Appalachia – “This Land is Home to Me” in 1975 and “At Home in the Web of Life” in 1995. Both of these letters were signed by the Roman Catholic bishops of the region. So, for the last 40 years, the Catholic laity has become accustomed to its leaders standing up for the poor. Not in 2015 though. Instead, the CCA felt compelled to challenge West Virginia Bishop Michael Bransfield – as well as other Appalachian Catholic bishops – for not supporting the pope strongly enough when the Vatican released the pope’s ecological encyclical in the spring. (Read more here and here).

Indeed, in December, the CCA published what it characterized as a people’s pastoral. It explained, “For this third letter, called a ‘People’s Pastoral,’ the planning team did not seek the signatures of the region’s bishops, but rather sought to lift up the authority of the people, their stories, and earth itself as an expression of the Roman Catholic Church’s teaching of the ‘preferential option for the poor.’” (Read more here).

In short, while the church leadership has abandoned its prophetic voice in support of the people they are called to serve, the people in the parishes and congregations are filling the void. In addition to the CCA pastoral, several other examples demonstrate this.

In April, during the week of Earth Day, North Carolina-based St. Luke’s United Methodist Church joined with the West Virginia chapter of the Sierra Club and West Virginia Interfaith Power & Light to hold a two-day conference at the Catholic-owned St. John’s XXIII Pastoral Center in Charleston. The conference included people from various faith traditions, scientists, educators, preservationists, educators, artists and others. The theme of the conference, “Preserving Sacred Appalachia,” was organized out of a faith-based view of environmental stewardship, but was intentionally designed to welcome people from all walks of faith and life. (Read more here).

That same week, Shepherdstown Presbyterian Church was a first-place winner of Interfaith Power & Light’s annual Cool Congregations Challenge. The church earned its award for being the top renewable role model in the nation for, among other reasons, having the largest community-supported solar system in West Virginia. (Read more here).

In August, at its annual gathering, the West Virginia Sierra Club chapter considered how it, as a secular group, could apply the ecological encyclical by Pope Francis to its preservation efforts in West Virginia. That gathering led to the writing of this article.

Mediocrity at West Virginia Department of Environmental Protection

While the church, as an institution, was offering mixed messages on environmental stewardship, the state’s primary agency charged with protecting the environment for the people of West Virginia was sending a clear message – it is, at best, mediocre. In fact, its acronym – DEP – is referred to sarcastically as the “Department of Everything Permitted” by public health experts and environmentalists. In 2015, it was unresponsive to citizens expressing concerns about the health impacts of mountaintop removal. (Read more here), and its leader was unprepared for and even hostile to questions about the most basic of safety considerations regarding the impact of the energy extraction industry. (Read more here).

Eminent Domain abuse

Among the most egregious attacks upon the people of West Virginia was the misuse of eminent domain by the energy extraction industry. This is not surprising though, as without approval from the Federal Energy Regulatory Commission (FERC) to build the Atlantic Coast Pipeline (ACP), Mountain Valley Pipeline (MVP) and others in the future to extract gas from the shale fields of northern West Virginia, the industry will not be allowed to use eminent domain to seize the land of private landowners. Without that weapon, the energy industry is facing billions of dollars of losses already invested in what the industry obviously considered a slam dunk.

In March, Pittsburgh-based energy company EQT sent out letters to landowners threatening legal action if they did not allow EQT access to their property for surveys. The company’s lawyers argued that the pipeline would serve the interests of West Virginians, so eminent domain should apply. (Read more here and here). Opponents saw it differently and won in court – for now. (Read more here).

Public Health threats

Whatever one’s political outlook, it is generally agreed that a basic function of government is to guard the public’s health. This is part of its mission to “…promote the general Welfare…” as stated in the Preamble of the United States Constitution. Again though, even fulfilling this most basic responsibility of government seems beyond West Virginia’s capability – or willingness.

As already noted above, West Virginia DEP Secretary Randy Huffman out-of-hand rejected the Precautionary Principle as a reasonable, scientific method of protecting the environment and public health. This, despite clear evidence from health experts about the dangers of fracking and mountaintop removal (read here and here). The facts are supported by personal stories of destroyed lives from the extraction industry. (Read more here).

Environmental degradation

Those attempting to stop the environmental degradation caused by fracking and its related infrastructure got a good taste of what they will face should the Atlantic Coast and Mountain Valley pipelines receive FERC approval. Because those proposed pipelines would cross state lines, FERC approval is required. However, beginning in the spring and going well into the winter, another pipeline – the Stonewall Gas Gathering (SGG) pipeline – was constructed, traversing only about 56 miles of West Virginia. Hence, as an intrastate pipeline, FERC approval for it was not required. The SGG was built by Stonewall Gas Gathering, LLC, which was incorporated in Delaware on June 4, 2014. SGG is a subsidiary of Momentum (officially M3Midstream), based in Texas and Colorado. The Stonewall Gathering line is part of Momentum’s Appalachian Gathering System (AGS). The SGG connected to the AGS in Harrison County and terminates in Braxton County, where it connects to the Columbia pipeline. It runs also through Doddridge and Lewis counties. It began operation in December, but in the process disrupted the lives of thousands of West Virginians, harassed opponents, and caused significant damage to farmland, streams and roadways.

The West Virginia DEP did issue several Notice of Violations to Precision Pipeline, the company that built the pipeline. However, it did so only after numerous complaints from citizens. (Read more here).

As has already been demonstrated, the extraction industry operates from a position of arrogance – of “dominion.” In the next section are several links to stories about people and groups who learned this hard lesson and immediately began responding. Before reading those accounts though, you might want to refer to the articles, “A Dirty Dozen Reasons to Oppose Fracking” and “Filmmaker Finds Compelling Story in Her own Backyard.”

Citizens stand up to crony capitalism

Despite this relentless assault upon public health, the environment and property rights by the unholy alliance between government and business – known otherwise as crony capitalism – no small number of people and groups have organized and coordinated efforts to safeguard their human rights. The outreach has even extended across the states bordering West Virginia, as alliances have been formed with people and groups in Virginia, Pennsylvania, Maryland, Ohio and Kentucky.

As a result, I was fortunate to meet some incredible people giving completely of themselves and resources during the year. Following are a few examples.

The McClain family, farmers in Doddridge County (about 8,000 residents), though quiet and deferential people, stood their ground against the industry for ruining some of their crops. (Read more here).

Also in Doddridge County, residents joined with folks from neighboring counties to demonstrate their solidarity against the fracking industry. (Read more here).

Earlier in the year, a landowner in the mountains of Randolph County was a one-man army fighting Dominion Resources. He is working to protect some of the most pristine mountain valleys in West Virginia. (Read more here).

Also early in the year, several environmental groups challenged FERC to abide by its charter and deny approval of the pipelines because they would benefit private shareholders, not the people of West Virginia. (Read more here).

In a proactive response to the industry, a Harrison County couple modeled, for the public, their homestead powered by solar panels. (Read more here).

As the year came to a close, dozens of people and groups gathered in central West Virginia to learn more from each other and to coordinate efforts to oppose the fracking industry. (Read more here).

The Don Blankenship trial

The year concluded with the conviction of former Massey CEO Don Blankenship on charges brought by federal authorities because of the Upper Big Branch mine disaster that killed 29 coal miners in Raleigh County in April 2010. Sadly, the jury found Blankenship guilty on just one misdemeanor count brought against him – conspiring to willfully violate safety standards. The same jury found him not guilty of securities fraud and making false statements. His lawyers have said he will challenge the verdict. So, in light of the expected appeal and mixed verdict, it would seem the opportunity to send a message that crony capitalism would no longer be allowed to kill West Virginians was missed. Hence, it is an important chapter in this story of West Virginia’s reliance upon the fossil fuel mono-economy. Still, while it was covered by media from the United States and beyond, I consider it less important of a story than the stories above, in particular the response by average citizens to the assault they and their land face from the energy extraction industry.

Poor and biased press coverage

These are serious times requiring serious and devoted people. While I generally try not to be snarky about the mainstream media, I must say that I was quite disappointed that West Virginia Public Broadcasting considered a little dustup about pepperoni rolls as one of the top eight stories in West Virginia in 2015. Now, I’ve transported more than my share of pepperoni rolls across state lines. But the debate over fracking – a debate that continues savagely in every corner of the Mountain State – is a far more important story. Yet, this important issue did not even make the list from West Virginia Public Broadcasting, which claims to be committed to “Telling West Virginia’s Story.”

In this instance, it failed miserably.

Meanwhile, in Clarksburg, which is at the epicenter of the fracking industry, the city’s only newspaper – The Exponent-Telegram – has an owner who also owns interests in oil, gas and coal companies. The newspaper, which touts itself as “The Independent Voice of North Central West Virginia,” had not disclosed this conflict of interest to the public, even as it served as a cheerleader for the energy extraction industry. (Read more here and here).

The point is this: The Fourth Estate has become part of the establishment. Just as our three branches of government are intended to serve as a check and balance on the other two branches, so too, since the Revolutionary War era, has the press been counted upon to serve as a fourth check on the three branches of government. Now though, the courage required to honor that legacy is rarely found in a newsroom or TV studio. In short, the modern press, whether for-profit or not, will not challenge government, church and academia beyond the boundaries which might hit them in the pocketbook.

Consequently, it does not report what we truly need to know.

Conclusion

So, it’s up to the people. Last year left social justice and environmental activists exhausted, even burned out. Yet, the battle continues. While 2015 was not a good year for the people or environment of West Virginia, 2016 offers hope. It also offers great peril. The extraction industry has unlimited resources – cash, marketing departments and lawyers – that groups fighting for justice simply can’t match. The industry is working 24/7 to assault the people and natural beauty of West Virginia. So activists cannot rest. They are gearing up for a busy year, beginning with the legislative session that convenes next week. They have doggedly fought the industry hard in 2015. However, if they do not get additional manpower this year – an army of volunteers – 2017 will likely be too late to keep West Virginia from becoming an industrial waste zone that is unsuitable for any living thing.

© Michael M. Barrick/Appalachian Chronicle, 2016

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