Just three days remain to submit comments to FERC about the ACP
By April Pierson-Keating
BUCKHANNON, W.Va. – The comment period on the 42” Atlantic Coast Pipeline comes to a close this Thursday. Anyone who made comments during the pre-filing period MUST submit those comments again, since the Federal Energy Regulatory Commission has essentially tossed those into a pile of “old business.”
If you are a landowner, you may have already commented. If you are not a landowner along the route, perhaps you are an abutter (one next to property on the pipeline). If you are neither of these things, perhaps you are still concerned about threats to water, safety, and public health, or future economic development. All of these are valid concerns. You should write to the FERC.
Abutters will face most of the same risks as affected landowners, without the offers of money for the use of their property – water contamination, stream degradation, soil contamination, danger of fire or explosion, lowered property value among them. You have a right to have your concerns heard.
Even those not directly abutting could be negatively affected. The incineration zone is 3600 feet from the pipeline center. Our high school sits within the incineration zone, as does our state police barracks.
The evacuation zone a pipeline this size is 2 miles. If you are wondering if your property is in the evacuation zone, you can consult the GIS layered maps at http://www.pipelineupdate.org. Does your community have an evacuation plan? If not, you might consider asking your county commission, local emergency planning commission, or office of emergency management to develop one. Better yet, consider joining one of these organizations, or even creating a planning commission in your community to address issues that are receiving short shrift.
This project has many more costs than benefits, though you may have only heard about the benefits. Some of the drawbacks include millions in foregone economic development (who wants to start a small business in an incineration zone?), reduced property value (try selling your house when you tell prospective buyers they may be caught in a gas fire), and stream degradation (siltation during construction kills stream life). We have seen this happen with the Stonewall-Momentum gathering line.
The 75-foot permanent easement will be sprayed with herbicides that will runoff into streams, and you can’t put anything but a flower garden on it. The 42” monstrosity will cross the Buckhannon River, our water source, and tributaries nine times, and cross over miles of underground mines.
The pipeline is buried only feet below the surface, but how far below our streams will it be built? This question has been posed to Dominion by city officials and has yet to be answered. Will it be deep enough to protect the stream bed from going under, or will it be deep enough to connect with underground mines? Either way, our drinking water source is at risk.
What about jobs? Looking at the Draft Environmental Impact Statement (DEIS) for this project (bear in mind this is info given to the FERC by Dominion) there could be 384 temporary jobs and only 22 permanent jobs. What is temporary? The DEIS says the work tours will be 6-12 weeks long. Is it worth risking our water, safety, public health for a few temporary jobs?
How many employees will be locally hired? Not many, if you consider what happened with the Stonewall Momentum gathering line. Very few will be from West Virginia; most of them will be from the south and west. Skilled workers are moved from site to site, not hired locally.
Who will pay for the $5billion project? Why, the ratepayers, of course, in the form of higher energy rates. Will it provide gas to our area? Nope. All of it is being sent out of state and offshore, so the companies owning it can make money selling it on the world market (where the going rate is higher than domestic). When that happens, our energy prices will rise.
What about tax revenue? Whatever money might come from this project will go to the state coffers, and they will dole it out as they please. Will it go for roads, schools, and other community projects? That is anyone’s guess, but the company has no stated plans to pay for roads or loss of life or property. The fact that they are a limited liability corporation means they won’t be liable for damages.
Don’t take my word for it; have a look at the DEIS yourself: https://www.ferc.gov/industries/gas/enviro/eis/2016/12-30-16-DEIS.asp
This project would have about 1,000 miles of access roads, effectively tripling its length. It will cross almost 2,000 waterways and affect the delicate Karst cavern and water filtration system. Moreover, we know that fracking is going to increase as soon as these projects get their certificate from the FERC. And we know what this means for our region: more water consumed, toxified, and injected, causing earthquakes, water and air contamination, and an exacerbated health crisis.
New York and Maryland have banned fracking. Have they done this because they want to live in the dark ages again? No, it is because they have looked at the evidence and wish to protect their communities. Surely, they want to develop energy and create jobs, but in a healthy, ethical, and sustainable way.
The only way to protect our water, safety, and public health and provide safe jobs is to invest in other types of energy – clean, green energy. Solar power provided more jobs in 2015 than coal, oil and gas combined. Companies like Coalfield Development Corporation are using federal dollars from programs like the Power Plus Plan to train former coalfield workers to do the new jobs that are part of a sustainable future: installing solar panels, sustainable construction, reclamation and remediation are just the tip of the iceberg. Talk about providing jobs – there it is! And guess what – we don’t have to live in the dark.
The deadline for comments is April 6 at 4:59p.m. Comments can be submitted on paper or electronically, at www.ferc.gov. Search for 556-mile Atlantic Coast Pipeline, click on the link for the DEIS, and choose the docket # for the project you wish to comment upon. Most people use the pipeline itself (CP15-554), but the 37-mile Supply Header Project in Marshall, Wetzel, and Doddridge are also part of the picture.
Longtime Caldwell resident that benefited from the Council as a student is named Executive Director
LENOIR, N.C. – The Caldwell Arts Council (CAC) is pleased to announce that Lindsay Barrick will become its sixth Executive Director, effective April 29. During her time as the CAC Social Media Manager, Barrick has overseen the creation and dissemination of content on various social networking platforms. She has been a long-time advocate and supporter of the CAC, other arts venues, and many individual artists, musicians, writers, and thespians.
She currently serves as Director of Programs and New Media for St. Luke’s United Methodist Church in Hickory as well as studio manager and printmaking instructor at the Hickory Museum of Art. A native of West Virginia, she spent most of her formative years in Caldwell County. Barrick is passionate about the arts and the people of Appalachia.
She said, “I am honored and thrilled to serve an organization I have loved since I was a young girl. It will be my great joy to continue the important work of Caldwell Arts Council: introducing school children to live theatre through our Artists in Schools program; preserving traditional Appalachian music through JAM; encouraging participation in poetry and acting through our annual competitions; supporting non-profits and individual artists in their vital efforts through grants; and presenting opportunities for artists and musicians to share in the thrill of exhibiting their craft.”
Barrick continued, “I also look forward to developing new ways to connect our community members and the arts. I have tremendous respect for former Executive Director Lee Carol Giduz and current Executive Director Adrienne Roellgen. I know much can be learned from their leadership.” She also praised the current staff, volunteers and board, adding, “Launi, Cathy, Bob, our dedicated volunteers, generous board members, and I already work so well together. I’m excited about the possibilities going forward.”
Barrick said, “Adrienne will continue to serve as Executive Director through April 28. We appreciate her enduring enthusiasm and love for Caldwell Arts Council. We wish her and her family the very best as they begin an exciting new chapter in Los Angeles.”
© The Lenoir Voice, 2017.
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Dangers of fracking, benefits of Clean Energy in West Virginia are covered in the 28-page newspaper, Renew West Virginia
By Michael M. Barrick
HUNTINGTON, W.Va. – One of the most established and influential environmental and social justice organizations in West Virginia is printing and distributing 29,000 copies of its own newspaper – Renew West Virginia.
The Ohio Valley Environmental Coalition (OVEC) stated in a news release, “The publication … examines the health and pollution impacts of the fracking boom in other areas of West Virginia, and details fracking-related projects proposed for the greater Huntington area. It also explores the nationwide growth of renewable energy and related jobs, with a focus on the renewable energy efforts underway in Cabell and Wayne counties.
It will be distributed to residents of Cabell, Wayne, Putnam, Jackson and Roane counties. It is being sent to those “ … who reside near some of the proposed pipelines and their associated compressors stations,” explained OVEC in the statement. It is also available online.
The proposed route for the Mountaineer XPress Pipeline, as provided by Columbia Gas Transmission online.
The newspaper has been published, said OVEC in its release, to answer the question, “What is our energy future?” The question is timely, argued the organization. It noted, “A total of nine large diameter pipelines are proposed to come through the Huntington area. Unlike the Dakota Access Pipeline and the Keystone XL Pipeline, which are largely completed already, the fracked-gas pipelines proposed for the Huntington area are not yet in construction, and some are still in the planning phases.”
It continued, “Columbia’s Leach XPress pipeline is planned to bore under the Ohio River near Camden Amusement Park, and Columbia’s Mountaineer XPress pipeline is currently in the public comment phase. There is also industry discussion now about fracking the very deep Rogersville Shale which underlies the Huntington area.”
As pipeline companies seek eminent domain rights, we need to remember that informed and organized people can demand their rights, protect their property, and contribute to a better energy future for our state and nation.” – OVEC Executive Director Natalie Thompson
There is a better way, argues OVEC in Renew West Virginia. OVEC Executive Director Natalie Thompson said, “All across the United States, a new energy for citizen action is emerging. We need to tap into that energy and work with others concerned about the severe climate impacts of these planned developments in our neighborhoods.” She continued, “As pipeline companies seek eminent domain rights, we need to remember that informed and organized people can demand their rights, protect their property, and contribute to a better energy future for our state and nation.”
Robin Blakeman, OVEC’s project coordinator, added, “We see the problems our neighbors in north central West Virginia have faced with the rise of deep shale fracking-related activities. We’ve published Renew West Virginia because we want to make certain that people know deep shale fracking-related activities are not the same as our grandfathers’ oil and gas industry.” She added, “Renewable is doable! We can choose to move West Virginia’s economy into the 21st century by embracing cleaner renewable energy.”
Indeed, the impact of fracking upon the state’s northern counties, as well as residents in Pennsylvania, New York and elsewhere are revealed in the newspaper. On page 3, under the headline, “Not Your Grandfather’s Oil and Gas Industry,” a new fracking well pad dwarfs an older well. With that startling contrast catching your attention, readers are informed, “To learn what this oil and gas rush would mean for our communities, we look to our northern neighbors. Explore these pages to learn more about what our region faces, about fracking-related activities, and about cleaner, healthier alternatives.”
A number of topics are covered, including the growth of renewable energy. There is also a section on the Rogersville Shale field – 12 to 14 thousand feet under about 12 counties in West Virginia and several more in Kentucky – which is in the sights of the gas industry. The Marcellus Shale, in contrast, is about 5,000 feet below the surface. The publication asserts, “If the Rogersville Shale is extensively developed, the Huntington/Wayne County area would be harmed by unprecedented deep fracking, with much of the oil and gas apparently slated for export overseas.”
Additionally, the publication points out that much of the gas being extracted from the West Virginia shale fields are earmarked for export, despite federal regulations designed to prevent that. It shows how a state court victory for citizens could thwart industry plans to export the gas they seek to extract. The ruling prevents gas companies from accessing private property. Hence, depending upon other factors, the ruling could severely limit construction, and hence production and, ultimately, export of the fracked gas. Consequently, the construction of pipelines and compressor stations, not to mention the many adverse impacts of fracking, could conceivably be severely restricted by West Virginians firmly standing for their rights.
In that decision from a case in Monroe County, the West Virginia Supreme Court upheld a ruling by Monroe County Judge Robert A. Irons ruling that landowners do have the right to prevent pipeline surveyors from coming on their property to survey for the proposed Mountain Valley Pipeline (MVP). This was a clear win in checking gas companies’ abuse of eminent domain. He ruled what MVP’s attempts to get on private property without permission based on the premise of eminent domain is illegal because it was “private taking for private use.” In other words, the pipeline is not for public benefit, affirmed the court, but for the profit of the energy companies building them.
Other issues explored include public health and environmental complaints in Pennsylvania; the impact upon water supplies from depletion of lakes to pollution through leaching; earthquakes occurring where none had before the fracking boom; public health impacts, ecological risks, and overall nuisances of fracking well pads; and, a review of the impact of nine proposed pipelines, many of which would run under or near the Ohio River.
Readers are also encouraged to know and defend their rights. “Folks in West Virginia living along the paths of these proposed pipelines are advised: If pipeline land men come looking for you, know your rights! OVEC can suggest knowledgeable and trustworthy lawyers.”
The dangers of compressor stations are illustrated vividly through the photo of a child who was part of a health study in New York. As noted in the caption, residents suffered from asthma, nosebleeds, headaches, and rashes. On the same page, readers learn. “The Pennsylvania Medical Society has called for a moratorium on new shale gas drilling and hydraulic fracturing.”
In-depth reporting is provided on the “typical steps” for a Marcellus Shale gas operation. Numerous photos tell their own stories. Radioactivity in fracking well waste is explored. The paper notes, “In December 2016, the journal Environmental Science & Technology Letters reported on a study that found some well waste from the Marcellus Shale in Pennsylvania contained radioactive material not previously reported, with the potential for leaching from landfills into the environment.” Over two pages, Renew West Virginia thoroughly reviews the science that proves fracking creates radioactive waste. Furthermore, they note that disposal of it is barely, if at all, regulated.
The newspaper also includes news of grassroots victories against pipelines; points out that the clean energy economy employs four million people in the United States; and, provides extensive analysis of solar energy.
OVEC will distribute copies of Renew West Virginia at an informational meeting at 6 p.m. on Wed., March 15 at the Main Cabell County Library, 455 9th Street (at the corner of 5th Ave. and 9th St. in downtown Huntington).
To contact OVEC or to learn more about Renew West Virginia, click here.
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, 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 heaving minerals and radioactive materials recovered as part of the extraction process.
© Michael M. Barrick, 2017
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Butterfly made daily afternoon visits during early summer days at West Virginia State Park
By Michael M. Barrick
HINTON, W.Va. – This past June I had the fortunate opportunity to spend several days with a lifelong friend at a cabin at Bluestone State Park in southern West Virginia. Weather was ideal, so we spent our late afternoons just hanging out on the deck. My friend, always ready with his camera, noticed a butterfly flying about in a manner that made us question its sobriety.
Eventually, it landed. Just about eight feet from us. He would sit on the banister of the wooden deck. This became an afternoon ritual. So, as you can see, my buddy Rick Carter had the opportunity to get some great shots of the Red Admiral butterfly. It wasn’t until we saw the photos up close that we appreciated this critter’s attitude. So, upon our return to civilization, I contacted some friends at The Center for Biological Diversity and they quickly identified our visitor. The Red Admiral likes moist, temperate environments, which is why we would find them visiting the thick Appalachian woods overlooking a lake.
Here is a little of what the Butterflies and Moth website has to say about the Red Admiral (to learn more cool stuff, visit the website):
Life History: The Red Admiral has a very erratic, rapid flight. Males perch, on ridgetops if available, in the afternoon to wait for females, who lay eggs singly on the tops of host plant leaves.
Adult Food: Red Admirals prefer sap flows on trees, fermenting fruit, and bird droppings; visiting flowers only when these are not available. Then they will nectar at common milkweed, red clover, aster, and alfalfa, among others.
In addition, our friend Tierra Curry with The Center for Biological Diversity sent this along: In her words, “Check out this amazingness.” Learn how a caterpillar becomes a butterfly.
Saluting the Red Admiral! Just another reason to enjoy a quiet summer afternoon in The Mountain State.
© Michael M. Barrick, 2017
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On behalf of all West Virginians, I challenge you to serve the people, not your cronies in the fossil fuel industry
By S. Tom Bond
Note: I have penned the following Open Letter to Governor Jim Justice and Department of Environmental Protection Secretary Austin Caperton; I encourage you to do the same or join us in signing this by contacting the Mountain Lakes Preservation Alliance at MLPAWV@gmail.com or use the contact page.
Editor’s note: Both Justice and Caperton have long careers as energy company executives and have records’ – including recent firings at WV DEP – that the state’s environmental groups find counter to the DEP mission as does the Charleston Gazette-Mail. To get a sense of how things operate in Charleston, read this admission by former DEP Secretary Randy Huffman that the DEP is compromised by crony capitalism.
Dear Governor Justice and Secretary Caperton:
How is the air down there in Charleston? Still clean? Do you plan to move out into the country near some of the new Marcellus drilling industry? Maybe near a compressor station with eleven of those big engines, roaring and belching 24 hours a day?
Or perhaps near a well pad where there is 24 hour light and noise and chemicals and diesel smoke with lots of PM-2.5 coming out the exhaust. Particulate matter 2.5 microns or less is now known as a cause of Alzheimer’s-like effects, you know. Going to bring along your grandchildren and your Mom along? Families like that live out here, and the young and the old are particularly susceptible to toxic chemicals, smoke, fumes, and dust.
Maybe you are like the famous story on Rex Tillerson, who has inflicted that kind of misery on many thousands of people. Then he complained when a water tower to enable fracking was erected in sight of his own piece of earth.
Do you think those who drink water without the taste of chlorine shouldn’t complain when their well is poisoned with a complex mixture of water slickers, detergents, and anti-oxidants, antibacterial compounds, and God-only-knows what else? Maybe they deserve car-busting roads and interminable delays when they use public roads too?
I can see you demurring all the way from here. I think that you are like Rex Tillerson, the ultimate not-in-my-back-yard guy!
So you are going to govern the state for all the people. For all the people of West Virginia – like John J. Cornwell was governing West Virginia for all the people, including the miners, at the time of the battle of Matewan? Oh yes! Those corporations provided good living for officers and investors, but not miners. It’s been like that since West Virginia was established. Wealth carried off, mostly north and east, but occasionally to build a motel in Florida.
So I’m being a little hard on you. You are just doing it to bring jobs, jobs, jobs, you say? You do realize gas and oil extraction are capital intensive and labor weak, don’t you? That once the drilling is done by those fellows brought in from elsewhere, they will go away and leave few permanent jobs? You certainly know several companies are developing automated drilling, so drilling labor will go the way of coal labor, too.
Oh yes! Obama killed coal the fable says. You really know better than that, don’t you? Coal companies, going to more mechanization, especially long wall and surface mining that can use huge equipment, killed coal jobs. That Obama fable was a tool, using prejudice and diversion of the truth, to affect voters who were slow to catch on.
What moral code do you have that allows collateral damage to rural residents in peacetime to profit private industry? Forget for the moment all the externalized costs, the true cost of the extraction, the damage to other industries, global warming, destruction of surface value for farming and timber, recreation and hunting. What justifies forest destruction, land disturbances, public annoyances, and public health for fossil fuel extraction? Especially when last year 39 percent of new electrical capacity was solar and 29 percent was wind power. (Coal has been showing a decrease for the last two years.) There is no CO2 from the renewable resources!
How do you decide people are unworthy of protection? Simply because of rural residence? Those who can’t afford to move elsewhere, or too attached to the family plot?
Hey guys, people out here are probably more astute than you think. Some of us don’t think very far ahead, and few are articulate, but, given time, it all becomes too clear.
West Virginia has the highest rate at losing population in the nation. We have the lowest ratio of employment to employable people in the nation. College kids have been heading for the door, and so are a lot of high school grads.
Is corrupting the environment and allowing the wealth of our state to be carted off by favored industries your best game? That is the past, present (and future?) of Almost Heaven! We country folks keep hoping for better!
S. Thomas Bond is an eighth generation West Virginian writing from his farm in Jane Lew, W.Va. He is a farmer and retired chemistry professor. He is interviewed in Keely Kernan’s Documentary Film, “In the Hills and Hollows,” which is about the impacts of the fossil fuel industry in West Virginia.
Postscript: Please note the irony of the slide show of beautiful West Virginia scenery on the governor’s website. Let’s not let him have a pass on using the state’s natural beauty to disguise the extreme damage he has done to the people, environment and legal system of West Virginia. – M.B.
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Honoring the memories of astronauts Virgil “Gus” Grissom, Ed White and Roger Chaffee
By Michael M. Barrick
Fifty years ago, the USA was shooting for the moon. In fact, exactly 50 years ago today, as I sat in the recliner at my grandmother’s house to spend the night, a news flash came on the TV that I will always remember – some of the men I considered the greatest heroes on earth had died in a fire in the Apollo 1 Command Capsule in a routine shake-down for their upcoming NASA mission.
The three men who died that night were Virgil “Gus” Grissom, Ed White and Roger Chaffee. I was most familiar with Ed White because two years earlier he was the first man to walk in space – a death-defying feat that I watched on TV. Indeed, I watched every launch and splash down, not to mention feeds from space during the mission (a marvel in itself), whether at home or in school.
Astronauts were heroes to me because they were modern-day explorers, risking it all.
In the turbulent 1960s, they were a welcome relief from the weekly body counts out of Vietnam and of those protesting the war (think Kent State); of fire hoses, attack dogs, beatings, false arrests and murders being the daily risks faced by Civil Right activists; and, national leaders being assassinated at an alarming rate.
I was a 10-year-old boy, soon to be 11. My imagination had been captured like never before – or since – by the space program. I grieve that my seven-year-old granddaughter has no such heroism to capture her imagination. These are perilous times, complicated by a momentum of mediocrity in our institutions and a very unpredictable president.
The space program was an explicit acknowledgment that we could literally shoot for the moon despite all of our domestic and foreign challenges. We could do anything if we were focused enough. We taught our children that. We teach our granddaughter that.
For me, however, it wasn’t history. It was the future! Maybe even my future. What red-blooded American kid didn’t want to be an astronaut? We watched the space program unfold before our eyes on TV. Our granddaughter will see it only at the Smithsonian.
I watched those space launches and splash downs. I got goose bumps to see those astronauts emerge out of a helicopter onto an aircraft carrier to the salutes of those on board.
But on that evening half a century ago, they weren’t on my mind. I was enjoying the “alone” time with my grandmother and her cooking, as well as her unlimited supply of Coca-Cola.
And then the news flash. The heroes were dead, as explained in this news report from the next day.
On that tragic evening 50 years ago today, as the newscaster interrupted the show I was watching, I rushed into the kitchen to tell my grandmother Grannyred – affectionately called so because of for her hair color – in sobs what I had just learned. She took my hand and we went back to watch the news. I think she thought it best I not watch it, but she was also a tough realist who really never shielded us from much of anything. Her favorite phrase (at least to me) might have been “Get over it” or some version of it.
Not this night though. She comforted. Eventually, exhausted, I fell asleep. I woke up in the chair on a very frosty morning, a blanket over me. She said no more. Time to move on I guess.
NASA did. Two-and-a-half years later, I watched the first men land on the moon. Had astronauts Grissom, White and Chaffee lived, it would have been them. Instead it was others. The men who died did not do so in vain. Lessons learned allowed NASA to accomplish the task assigned to it less than a decade earlier by President John F. Kennedy: to send and safely return a man to the moon by the ends of the 1960s.
Sadly, neither major political party is interested in reviving the space program. However, if you’d like to teach somebody young about it, I recommend the movie “October Sky” based on the book “Rocket Boys” by Homer Hickam. Hickam, a West Virginia native, was a NASA engineer.
In the movie, Homer has a dramatic exchange with his teacher, Miss Riley. He says in desperation that his options in the isolated, southern West Virginia town of Coalwood are limited to do as his father and neighbors did – work the mines. Miss Riley responds firmly, “As long as you’re alive on this earth, you have a choice!”
It was true then and it is true now. So, if we truly want to honor the memories of Virgil “Gus” Grissom, Ed White and Roger Chaffee, we need to fund NASA. We need to go where no person has gone before. Let us give our children some hope in the midst of the terror. Maybe even, by turning our attention to the values of space exploration, it will serve as a catalyst for cooperation between nations – and one day, peace. It’s a much better use of resources than building a wall along the US/Mexican border and starting a tariff war in the process.
© Michael M. Barrick, 2017
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The essential blessings of nature
By Michael M. Barrick
Growing up in West Virginia, I was blessed with my own private forest to explore. It was not large – less than an acre – but it was plenty for a seven-year-old. Elk Creek ran just below it, and two small tributaries fed it, one of which I damned up to form a small pond.
At first, it was just my playground. Then, as I grew older and was inundated with a strong dose of social justice teaching from the priests in our parish – not to mention our mom – it was where I meditated. For hours, I would sit on the picnic table under an aged and tall tree canopy that served as an aviary and allowed only slivers of sun through on the brightest of days. It was, as John Denver sang, “Cool, and green and shady.” It put in me the desire to become the “Boy from the Country” he sang about.
There was no better place than our wooded “sacred spot” to sort through questions and concerns. The songs and chirps of the birds, the rustling leaves in a gentle breeze, the creek tumbling over the rocks, all inspired. This is why nature photos are put on PowerPoint slides in meetings and in hallways in hospitals; we are instinctively drawn to our Mother Earth for comfort, healing and peace.
© Michael M. Barrick, 2017
Photo credits: Blackwater Falls, Rick Carter; Sandstone Falls, Debbie Smith; Crooked Run, Michael Barrick.
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His life of service to West Virginia is an inspiration for all those seeking justice
By Janet Keating
SLANESVILLE, W.Va. – West Virginia and the nation has lost a true hero and people’s champion. Former Congressman Ken Hechler died at his home in Slanesville on Dec. 10. He was 102.
There are politicians, public servants and then there was Ken Hechler, a man in a class all of his own – military man, historian, educator, politician, activist and, my personal favorite, “hell raiser.” Those who knew him are familiar with his uncompromising commitment to justice and the betterment of all people in West Virginia, but especially for his advocacy of the health and safety of our nation’s coal miners. OVEC (Ohio Valley Environmental Coalition) members may know him best for his passion for democracy and our iconic mountains. As a lifetime member of OVEC, Ken was often a speaker at rallies to end mountaintop removal where he sang “Almost Level, West Virginia” his parody of the popular John Denver song, “Almost Heaven, West Virginia.”
I came to know Ken in the late 80s during my first-ever plunge into environmental issues as a member of the Huntington Tri-State Audubon Society – working to “save” the Green Bottom wetlands, the third largest wetlands in West Virginia near Huntington, where the pre-Civil War home of General Albert Gallatin Jenkins still stands. Ken, as a Jenkin’s historian and then Secretary of State of West Virginia, was familiar with Jenkin’s history and so joined with our coalition urging the state and federal government to consider managing the former plantation home, its wetlands and its significant Native American archaeology for a higher use beyond simply a hunting ground. Not surprisingly, the media portrayed the issue as hunting vs non-hunting (though some folks were very concerned about birds of prey which frequented the area like Bald Eagles as well as the historic Jenkin’s home).
After several years of butting heads with both state and federal agencies, the U.S. Army Corps of Engineers agreed to hold a public hearing where Ken and others faced off. Despite a room full of several hundred angry, shouting hunters, Ken stood his ground and voiced his concerns. In the end, a reasonable compromise was reached where the wetlands were expanded, the Jenkin’s home underwent renovations (and was managed for a brief time by West Virginia Division of Culture and History), signs were posted to alert hunters to the presence of protected birds of prey and native species were planted to provide wildlife habitat. Undoubtedly, Ken’s involvement garnered greater media attention and raised public awareness to the issue, than we otherwise would have had, a valuable contribution. Presently, Green Bottom Wildlife Management Area has become a well-known location for bird watching and hunting, although the Jenkin’s home, despite the millions spent on its overhaul, is boarded up and no longer open to the public. Nevertheless, every time I visit Green Bottom, I am thankful that Ken lent his time, energy and “notoriety” to this unique site.
When the issue of mountaintop removal reared its ugly head, Dr. Hechler eagerly joined with community members and environmental activists hoping to end the destructive mining technique. He was a member of Congress during the catastrophic failure of the Buffalo Creek sludge-dam in 1972 that killed 125 West Virginians, a tragedy which eventually led to the passage of the Surface Mine Control and Reclamation Act in 1977 (SMCRA). This bill, however, continues to be a failed attempt by the state and federal government to regulate surface mining by the coal industry. Ken was greatly concerned when the final version of the bill legitimized mountaintop removal (MTR) which was supposed to be an exception rather than the rule when it came to strip-mining; MTR was only to be used when a flattened mountain provided land for authentic economic development. While coal companies by law are supposed to return the former mountains to “approximate original contour,” unfortunately, states regularly issue permits with variances to that provision. As it turns out, Ken foresaw the destruction that would follow the passage of SMCRA – hundreds of thousands of acres of denuded, flattened mountains along with more than 2,000 miles of annihilated streams and disappeared communities. A favorite phase of Ken’s, “Akin to putting lipstick on a corpse,” was how he referred to strip-mine reclamation.
A notable event in Ken’s effort to stop MTR was his participation in 1999, while WV Secretary of State, in a re-enactment of the historic Miners’ March on Blair Mountain that preceded the 1921 Mine Wars. In 1997, the West Virginia Division of Environmental Protection had issued what would have been the largest ever mountaintop removal permit in the state. At risk were not only the mountains and the small community of Blair, but also one of the most historic labor/history sites in the nation, where about 7,000 miners determined to organize a union were met with great resistance and after five days, halted by 3,000 armed “militiamen” organized by Logan County Sheriff Don Chaffin. This was the largest battle on U.S. soil since the Civil War where eventually the U.S. Army and U.S. Army Air Corps were called in.
A courageous Dr. Hechler, 84 at the time, joined the reenactment with a number of others (OVEC’s Laura Forman, Carol Jackson, CRMW’s Judy Bonds, Larry Gibson, Jimmy Weekly, and Cindy Rank to name a few) supported by several organizations including OVEC. For many people, the application and issuance of a mountaintop removal permit at historic Blair Mountain, which could literally erase the dark history of mining, underscored the sheer arrogance of coal companies as well as the complicity of government agencies. While the reenactors were not met with guns and soldiers, they were, however, harassed every day by miners and others who pelted them with eggs, and much to everyone’s horror, also shoved and kicked Ken.
From a story about the confrontation during the re-enactment by reporter Rick Steelhammer, Ken stated: “I tried to think about Gandhi and Martin Luther King and how they would react. It’s important to retain your cool, but it’s difficult when people begin to wade in and rip up all your signs, throw eggs at the back of your head, grab away your West Virginia flag, and trip and kick you.”
That incident led to warrants and arrests of those who committed violence and eventually landed some people in court, though not in jail. One of the Logan County perpetrators of the harassment eventually ended up serving in Governor Bob Wise’s administration. I still smile when I think about Ken holding a sign at a protest that said: “Kick me and get a job with Bob Wise.” And recently, the D.C. District court upheld the U.S. EPA’s decision to rescind the permit for mountaintop removal on Blair Mountain, another people’s victory in which Ken participated in a major way.
Ken Hechler’s legacy though far-reaching (and incalculable) was also at times very personal. In particular, his influence on Larry Gibson, another mountain hero, was very special. Ken often traveled with Larry to colleges and universities throughout the country to talk about the impacts of mountaintop removal on land and people of Central Appalachia. Because of Ken’s encouragement, Larry went back to school to improve his reading and writing skills. Having become quite a duo, both Ken and Larry were interviewed by “60 Minute’s” Mike Wallace, who came to West Virginia to produce a segment on mountaintop removal.
Through nearly two decades, Dr. Hechler, admired by so many, continued to answer the call, showing up at events, protests and rallies – the most notable one, a rally and protest at the Marsh Fork Elementary School, in Raleigh County, where he, along with actress Daryl Hannah and NASA climate scientist, James Hansen, were arrested in a non-violent, direct action to draw attention to the great need for a new elementary school. A massive and dangerous coal waste impoundment loomed above Marsh Fork Elementary School adjacent to a coal silo, a coal processing facility and a mountaintop removal site. Coal River Mountain Watch’s Ed Wiley began urging state officials to build a new elementary school after he picked up his ill grand-daughter who told him, “Granddaddy, this school is making us kids sick.” After 6 years of tenacious organizing and advocacy, a new school was opened where Ken Hechler had, once again, stood shoulder-to-shoulder with those most impacted.
As someone who was deeply concerned about the state of our country’s democracy, Ken became active in campaign finance reform issues, especially when “Granny D”’s (Doris Haddock) began her epic 3,200 mile journey/walk from California to Washington, D.C. to elevate the need for supporting the federal McCain-Feingold bill. If passed, this legislation would help reduce spending on political campaigns. Ken walked more than 500 miles with Doris who turned 90 years old by the time she arrived in the nation’s Capital. When Doris arrived in Marietta, Ohio, Ken Hechler was on hand to greet and welcome her as she made her way across the Ohio River to Parkersburg, W.Va., to speak to supporters.
In 2006, Granny D and Ken spoke at a regional mountaintop removal summit dubbed “Healing Mountains,” that OVEC and Heartwood (a regional organization that works to protect public lands from abusive practices) organized. Doris and Ken reminded us that if we want to win our issues, we needed to be more inclusive and supportive of people of color. You may recall that Ken was the only member of Congress that participated with Dr. Martin Luther King, Jr. in the Civil Rights march in Selma. Union supporter, environmentalist, statesman, writer, historian, teacher, husband, father and add one more label – civil rights activist.
If you still need convincing about what an amazing man that Ken was, he had the most incredible memory of anyone I’ve ever met. My hunch is that Ken spent his remarkable life making really good memories.
Dear Ken, we know that you, of all people, have earned your eternal rest. Well done. You will be sorely missed.
This article originally was published on the Ohio Valley Environmental Coalition website. It is reprinted with permission.
Janet Keating is the former Executive Director of the Ohio Valley Environmental Coalition (www.ohvec.org) who retired September 2016 after 24 years with the organization. Her latest endeavor, Green Shepherd, LLC, offers consulting and other services to environmental and social justice non-profits.
Hundreds of Nonprofit Organizations Join to Demand Reform of ‘Rogue Agency’
WASHINGTON – More than 180 organizations representing communities across America, including West Virginia, called on leaders in the Senate Energy and Natural Resources Committee and House Energy and Commerce Committee to hold congressional hearings into the Federal Energy Regulatory Commission’s (FERC) extensive history of bias and abuse. The groups are also requesting reform of the Natural Gas Act, which the groups say, gives too much power to FERC and too little to state and local officials.
“The time has now come for Congress to investigate how FERC is using its authority and to recognize that major changes are in fact necessary in order to protect people, including future generations, from the ramifications of FERC’s misuse of its power and implementation of the Natural Gas Act,” says Maya van Rossum, the Delaware Riverkeeper, leader of the Delaware Riverkeeper Network and a primary organizer of the effort.
“The Greenbrier River Watershed has two pipelines proposed: Atlantic Coast and Mountain Valley, yet FERC refused to do a Programmatic EIS to look at the need for two pipelines,” says Leslee McCarty, coordinator of the Greenbrier River Watershed Association. “We hope Congress, instead of speeding up approvals for these projects, will force FERC to look closely at need, especially in light of global climate change.”
“The FERC represents the epitome of what the world has come to recognize as a rogue regime: unbridled power over citizens and unquestionable allegiance to and cooperation with unethical, socially unjust and environmentally dismissive corporations,” says Monroe County, WV resident Laurie Ardison, co-chair of POWHR (Protect Our Water, Heritage, Rights).” For the citizens of this country to be victims of the FERC is unconscionable. Congress must reign in this agency which left unchecked, will continue to foster incalculable harms as the fossil fuel industry develops beyond need.”
McCarty adds, “Fracked gas may prove to be even more of a dirty fuel than coal. Yet in the US, and especially in West Virginia, we are asked to embrace this dirty business as our savior. It is a testimony to slick public relations and strategic campaign contributions from fossil fuel companies, and keeps us on a dangerous path to certain disastrous climate change and boom and bust economic development. This is the time for West Virginia to look to revitalize our energy portfolio and keep sustainable jobs, not continue to be led down the painful road we have traveled in the past.”
The letter to Chairman Fred Upton (R-MI), Chairwoman Lisa Murkoski (R-AK), Ranking Member Frank Pallone (D-NJ) and Ranking Member Maria Cantwell (D-WA), signed by 182 community organizations representing communities in 35 states of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, West Virginia as well as the District of Columbia, argues that FERC’s review and approval process for jurisdictional pipeline projects is infected by bias; and that it is resulting in uncontrolled and irresponsible proliferation of unneeded natural gas pipelines. Finally, the letter charges the agency with misusing provisions in the law to strip people and states of their legal rights, to prevent fair public participation in the pipeline review process, and to improperly use the power of eminent domain to take private property and public lands in a way that inflicts unforgivable harm to rights, jobs, and communities.
The letter details how FERC has implemented the Natural Gas Act in ways that deliberately undermine public input. FERC has prevented communities from challenging projects before the exercise of eminent domain and pipeline construction, made decisions to benefit its Commissioners, and used conflicted consultants to handle much of the review process.
In addition to calling for hearings into FERC and the Natural Gas Act, the letter opposes any further advancement of language in the Energy Policy Modernization Act of 2016 meant to shorten critical pipeline review periods. Signers of the letter argue that the proposed law should be held in abeyance until after the hearings, where Congress will learn “how people’s rights, state’s rights, and the environment are already being abused under the implementation of the Natural Gas Act and so will be further harmed by passage of provisions proposed in the new law.”
Upon Congressional review, DRN and fellow parties demand the reforms necessary to address FERC’s extensive abuse of power, which requires revising the Natural Gas Act to prevent the misuse and exploitation that has been rampant. Additionally, the organizations seek affirmative action to remedy FERC’s problematic funding structure.
“FERC is corrupt and needs to be reformed,” says Paul L Gierosky, cofounder, Coalition to Reroute Nexus. “The evidence is overwhelming and clear as is set forth in the request for Congressional Hearings. It is time for Congress to hold FERC accountable.”
“The number of frack gas pipelines is exploding and the feds are not only not applying appropriate oversight, but are in fact also enabling the trampling of people’s property rights, public health standards, and environmental protection,” says David Pringle, NJ Campaign Director, Clean Water Action. “This letter is a clarion call to action for Congress to rein in this modern day Wild West that if left unchecked will lead to even worse abuses and explosions.”
A pdf of the letter is available here:
Bernie ignited the spirit of revolution, but it is left to others to strengthen and sustain it
By Michael M. Barrick
When Senator Bernie Sanders spoke at the Democratic National Convention on Monday night, the cameras repeatedly captured images of Bernie supporters in tears. I was sad also, as I have been a solid Bernie supporter since shortly after he announced. I was sad to see what I felt was the best candidate have to concede; I was sad for the young people who had invested so much in his campaign. Mostly I was sad because I knew the revolution he had ignited had been slowed down.
But it is not dead. I had to keep reminding myself of that throughout Bernie’s speech. Unlike the “Bernie or Bust” crowd though, I began to realize that the Democratic Party was still making history and the Republican Party wants to turn back history.
Speaking of history, it is its lessons that also give me hope that the revolution is not dead. One example should encourage all of those who supported Senator Sanders – the Civil Rights movement. It began with the earliest abolitionists of the 18th century and led to the Civil War. It provided us with the 13th, 14th and 15th amendments to the U.S. Constitution. The Civil Rights movement fought against the KKK, Jim Crow and separate facilities. Its leaders were murdered. Presidents had to call out the National Guard to allow those in the movement to exercise their basic human rights and civil liberties. Still, the movement stayed alive and successfully fought for the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965. In 2008, the Civil Rights movement saw the culmination of its centuries of work in the election of Barack Obama as President of the United States.
Yet today, the Black Lives Matter movement remains controversial. This is proof that revolutions, even when they have clear moments of victory, are never over. That is because they are about ideas, not people. Yes, the people implement and embrace the ideas, but it is the power of the ideas that ensures that any revolution or movement will succeed. Great leaders die. Great ideas don’t.
That is an encouraging truth, but also a sobering truth. It requires of the revolution’s participants unwavering commitment and intellectual honesty. In short, for the revolution to be sustained, it must be defined. That is why Senator Sanders ignited the spark. It was already smoldering. The Occupy Wall Street movement was just one ember in the movement. The growth of social and environmental justice groups across the nation and globe are evidence of grassroots movements everywhere to protect the most vulnerable among us and the environment which sustains life.
So, the movement is not dead. But we must not lose focus of what started it – income inequality, crony capitalism, and a corrupt political process.
These problems – too long ignored – have led to compromised and failed governmental and societal institutions. With so many in poverty, with so many struggling with college debt, with others unable to afford college at all, with people working multiple jobs, with multiple generations living under one roof, with black people being targeted by police, with police being targeted by domestic terrorists, with health care being hijacked by the insurance and pharmaceutical industries, with our reliance upon fossil fuels, with climate change, with crumbling inner cities and infrastructure, with voting rights under attack – with this many problems and more being ignored – we can say for sure that the revolution is not dead.
Has it suffered a setback? It would seem so. But if we wake up to President-elect Trump on Nov. 9, the revolution will be in the crosshairs of the executive branch, and the weapons of war in the hands of a megalomaniac.
So, before you turn your back and “walk out,” stop and think. And remember this – there is not an “app” that you can download to any of your digital devices to make this revolution happen any faster. You must intentionally engage others in your community. Listen. Learn. Strive to understand before being understood. Be nice. Treat others as you want to be treated. Run for office. Read. Think for yourself. Don’t buy into conspiracy theories; that is intellectual laziness. Besides, the “bad guys” aren’t as organized as conspiracy theorists suggest. They just lack scruples.
As an aside, I will note that perhaps the greatest thing about participating in a revolution is the friends you make along the way. I share two photographs below from my own journey. The first, from 2002 at the old state capitol in Raleigh, was taken as we were working to have the North Carolina General Assembly pass a judicial campaign reform law. It did. Among those in the picture are some folks who remain good friends. Others, such as U.S. Senator Robert Morgan, in the front row on the left, have passed along. Indeed, Senator Morgan died earlier this month. But his legacy as an independent thinker and my memories of him live on. In fact, they inspire me to keep fighting until, I too, draw my last breath. The other photo was taken 12 years later in Weston, W.Va. In that photo are several people who became friends because of our common call – ending fracking and related pipeline development in the Mountain State. I was privileged to work with these folks and others to form the Mountain Lakes Preservation Alliance.
While I am back in North Carolina again, I have not given up the fight in West Virginia. My friends deserve better, so we stay in touch and look for ways to help and support one another, even though separated by distance. Presently, I am heading up the campaign for Art Sherwood, a progressive candidate for the North Carolina State Senate. He is determined to move North Carolina forward again after six years of incredibly mean-spirited and regressive GOP leadership. I have already made many good friends in just the two months I’ve been with the campaign.
These people are just a few of the thousands I’ve been privileged to meet over 44 years or so of hell-raising (I participated in my first political campaigns in 1972). I can’t begin to put a value on the relationships. We encourage one another. We sustain one another. So, please don’t abandon the revolution. You’ll not only be cheating society, you’ll be cheating yourself.
There is no question that we need a revolution. The American Dream has fragmented us into tribes. (Ironic, huh?). Our original national motto was “E Pluribus Unum,” which is Latin for, “Out of the many, one.”
The truth is, we are too diverse of a nation to ever be truly one ethnically or racially. We are too set in our ways on religion to ever be of one mind on that, nor should we be. We will always debate the proper role of government. But, if we are to survive as a nation – if we are to thrive as a community of people – then the revolution must continue. But it must do so calmly, patiently, and peacefully.
And, it can only be done in the context of community. Or, it will fail.
© Appalachian Chronicle, 2016
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