Articles by Jeff Biggers

Clinton appointee upholds destruction of Appalachia

Today the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, overturned a federal judge's 2007 ruling to require greater environmental review of permits for mountaintop removal in West Virginia.

The decision, while devastating for Appalachia's mountain communities and waterways, should be no shocker; this was the fourth time in eight years that the 4th Circuit Court has thrown out federal court rulings that sought to tighten mountaintop removal standards in West Virginia.

Charleston Gazette reporter Ken Ward, Jr. is closely following the story and its ramifications on his blog. The Associated Press also has the story.

The 2-1 majority opinion was written by Clinton-appointee Roger L. Gregory, the first African American justice to be named to the 4th Circuit Court. Gregory wrote:

In making this determination, we must first appreciate the statutory tightrope that the Corps walks in its permitting decisions. In passing the CWA, Congress aimed "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." 33 U.S.C. § 1251(a) (2000). But, in passing SMCRA, Congress sought to "strike a balance between protection of the environment and agricultural productivity and the Nation's need for coal as an essential source of energy." 30 U.S.C. § 1202(f)(2000).

As the dissenting voice, Judge M. Blane Michael from West Virginia concluded:

Today's decision will have far-reaching consequences for the environment of Appalachia. It is not disputed that the impact of filling valleys and headwater streams is irreversible or that headwater streams provide crucial ecosystem functions. Further, the cumulative effects of the permitted fill activities on local streams and watersheds are considerable. By failing to require the Corps to undertake a meaningful assessment of the functions of the aquatic resources being destroyed and by allowing the Corps to proceed instead with a one-to-one mitigation that takes no account of lost stream function, this court risks significant harm to the affected watersheds and water resources.

FCC and FTC need to hold 'clean coal' ads accountable to reality

As viewers of PBS and the major network and cable channels know too well, the onslaught of "clean coal" advertisements over the past year has reached a tipping point. In the face of the actual news headlines, the relentless barrage of television daydreams about coal's zero carbon dioxide emissions and the coal industry's fanciful role in environmental protection and job security seem more like bad reruns from the era of "Father Knows Best" than any hope for a clean energy future.

"Clean" coal? How about a little truth in advertising? Perhaps it's time for the Federal Trade Commission or Federal Communications Commission to hold the coal industry's public relations campaign to acceptable standards.

Don't they watch the news?

In the last month alone, viewers have had to juggle the reality of news reports on toxic coal ash spills in Tennessee and Alabama, coal waste-polluted watersheds in West Virginia and Illinois, mining accidents and coal dust explosions in Kentucky and Wisconsin, mountaintop removal and devastated communities throughout Appalachia, tragic strip mining on Native lands in Arizona, and several state initiatives to halt the construction of carbon dioxide and mercury emission-spewing coal-fired plants. And the state of Montana, like the U.S. Air Force, just shot down proposals for the coal-to-liquid boondoggle.

The news ain't over.

Announcing a new blog from veteran coalfield journalist Ken Ward

I dare say no one knows more about coal mining and its impact on communities, economies, industries, the environment, and the climate than Charleston Gazette reporter Ken Ward. He's been on the front lines for years, filing his award-winning reports from West Virginia and the coalfield region.

Now he's launched a new blog: Coal Tattoo. Bookmark it.

Here's a clip from his first post:

Civil disobedience campaign launched at Massey Energy mountaintop-removal site

"Give me but a banner to plant upon the mountains of West Augusta, and I will rally about it the brave men who will lift our bleeding country from the dust, and set her free."

-- George Washington, 1779

In Pettus, West Virginia this morning, five Coal River Mountain activists were arrested and charged with trespassing after locking themselves to a bulldozer and a backhoe at a Massey Energy mountaintop-removal mine site.

In the face of an impending 6,600 acre mountaintop removal strip mine, they planted a banner for the Coal River Wind Project, a nationally acclaimed proposal that would create 200 local construction jobs and 50 permanent jobs, enough energy for 150,000 homes, and allow for sustainable forestry and mountain tourism projects, as well as a limited amount of underground mining.

After the TVA coal ash disaster in December, when a billion gallons of coal ash poured out of a pond and deluged 400 acres of land in six feet of sludge, the Coal River Mountain activists fear blasting for the proposed mountaintop removal site on Coal River Mountain, which rests beside a 6 billion-gallon toxic coal waste sludge dam above underground mines, could be catastrophic for the communities downstream.

"Massey could flood the towns of Pettus, Whitesville and Sylvester with toxic coal sludge," said Julia Bonds, of Rock Creek, W.Va. "Blasting at a multi-billion-gallon sludge lake over underground mines could cause the sludge to burst through and kill thousands of people."

"The governor and county legislators have failed to act, so we're acting for them," Coal River Wind advocate Rory McIlmoil said. "They shouldn't allow the wind potential on Coal River Mountain to be destroyed, and the nearby communities endangered, for only 17 years of coal. There is a better way to develop the mountain and strengthen the local economy that will create lasting jobs and tax revenues for this county, and that's with wind power."