West Virginia Blue
The Best Blogging Community in West Virginia Democratic politics, progressive policies, the good life and free living in Wild, Wonderful West Virginia.
(Reposted in case you missed it the first time. - promoted by Clem Guttata)
By Clem Guttata
Coal CEOs get political representation, what about the rest of us?
Logan County Commission President Art Kirkendoll requested a meeting and he got it. Michael Browning reported (emphasis mine):
Kirkendoll has asked Gov. Joe Manchin for a meeting with him, commission presidents from Lincoln, Boone, Mingo and Kanawha counties, the EPA, the Division of Environmental Protection, Congressman Nick Rahall, Congresswoman Shelley Moore Capito, representatives from U.S. senators Robert C. Byrd and Jay Rockefeller's offices and officials from the coal industry.
Today at 3 p.m., the group will meet privately in the governor's office to discuss coal's future and the economic impact it has on the state and nation.
"This meeting was way overdue to have all the major coal producers' officials together with the EPA and the DEP, the congressional people and the commission presidents from the five major coal-producing counties that spend the money and try to create activities on coal tax," Kirkendoll said. "Everybody that has a stake in what we do will be there. Instead of each of us writing letters, I wanted to get us all together - the people who are investing their money, who are spending the money, the people who are making laws and making the rules - so that we can ask how do we a qualify permits that are solid and work. I sent the governor a letter and he thought it was a great idea so he put the meeting together."
Kirkendoll doesn't think anyone downstream has a stake in coal mining. He doesn't think it matters that we drink the same water, breath the same air, or--point of fact--actually pay for the electricity that makes that coal valuable.
...the list of expected attendees includes Massey Energy President Don Blankenship, CONSOL Energy CEO Brett Harvey and International Coal Group President Ben Hatfield. Two members of Congress will be there, as will county commissioners from the state's major coal producing counties, and top officials from a dozen or more other coal companies. It's a big deal to get all those folks in the same room, and it seems like the public ought to know what is said.
With enough twists to fill a pretzel factor, Gov. Manchin and his communications director, Matt Turner, said there was no need to invite potential critics of coal mining practices because:
"the meeting is not about environmental regulations." (AP - via)
"This is not about the environment. This is about the economic plight the (coalfield local government officials) are being put in." (source)
The meeting happened this afternoon outside the Governor's Mansion in a party tent literally bought and paid for by coal industry donors, (I kid you not... you couldn't make this stuff up) and was followed by a press conference.
Nov. 10, 2009 - CHARLESTON, W.Va. - Gov. Joe Manchin, joined by West Virginia elected officials: U.S. Sen. Jay Rockefeller, Congressman Nick Joe Rahall, Congresswoman Shelley Moore Capito, Senate President Earl Ray Tomblin, House Speaker Rick Thompson and various other state leaders, county commissioners, representatives from the coal industry and labor met to discuss the future of coal in West Virginia during a press conference. Photos by: Steven W. Rotsch
West Virginia political leaders promised Tuesday to speak "with one voice" to clarify the Obama administration's proposals to more strictly regulate mountaintop removal coal mining.
Gov. Joe Manchin, Sen. Jay Rockefeller, and Reps. Nick J. Rahall and Shelley Moore Capito said they would join forces to seek a high-level White House meeting to raise coal industry concerns about tougher permit reviews instituted by the U.S. Environmental Protection Agency.
"It's about the economy of West Virginia," Manchin said at a news conference after a two-hour, closed-door meeting with industry leaders. "We're just trying to find that balance right now."
I'd like someone to ask Gov. Manchin what it is that he's trying to "balance"? As far as I can tell, "balance" is his code word for stopping any tighter environmental regulation enforcement.
Coal company CEOs have been guaranteed a voice in Washington. The Gov. of West Virginia, Sen. Rockefeller, Rep. Rahall and Rep. Capito stood at a podium this afternoon and promised to speak "with one voice" in Washington, DC on their behalf.
The citizens of West Virginia did not elect these officials to represent coal company executives, they serve to represent us all.
What is good for Don Blankenship is not what is good for all of West Virginia. What is good for CONSOL Energy CEO Brett Harvey is not what is good for all of West Virginia (just ask the residents of the Dunkard Creek watershed). What is good for International Coal Group President Ben Hatfield is not what is good for all of West Virginia.
We need political leaders who will lead for all West Virginians, not political followers catering to the needs of coal company CEOs. We need political leaders who will ask not what they can do for coal, but what they can do for West Virginia. We need political leaders who can honor both our heritage and our future.
New York Times editorial points out the efforts by Democrats to pass mining safety improvements are being met with resistance by Congressional Republicans:
As investigations proceed into the biggest mine disaster in 40 years, Congress is its usual study in partisan obstruction, with Republicans in no hurry to rectify lethal workplace risks laid bare by the disaster. The majority Democrats' reform measure, endorsed by the Obama administration, would crack down on reckless mining companies with stronger monitoring and criminal penalties, subpoena-empowered investigations, and protections against the dismissal of miners who dare to complain about risks to life down below.
Congressional Republicans, echoing the message of Big Coal, complain that there's a rush to make new law. One of their authoritative colleagues, Senator Jay Rockefeller of West Virginia, finds the need for action now obvious. The proposal he co-sponsors aims at repeat offenders of mining regulations, like Massey Energy, that game the penalty system with extended legal appeals. It also would require better tracking of methane and coal dust and crack down on the practice of advance warnings when federal investigators approach.
If the Big Branch disaster were a terrorist deed, Republicans would be jamming the hopper with legislative antidotes. But dead miners? No rush, although it's clear that existing regulations are porous, underenforced and in crying need of repair by a responsible Congress.
Like many others, I've been thinking a lot this past week about what Sen. Robert Byrd has meant to me and, additionally, how to mark his passing. This morning I want to celebrate the legacy of Sen. Byrd I most hope will live on. I originally posted this diary on Oct 21, 2009. Sen. Byrd went further in Dec. 2009 in speaking forcefully about the benefits and costs of coal to West Virginia. This is but one of many topics that Sen. Byrd showed great courage in provided brave leadership on.
Big Daddy is gone. It's up to us now. Let's make him proud.
What most casual observers of Congress know about Senator Robert C. Byrd is he's the longest-serving member in the Senate's history and he's been incredibly successful at steering federal dollars to West Virginia.
(Political Science Professor) Rupp remembers a quote from former Democratic House speaker Jim Wright, D-Texas, that Byrd posted in his office near the Senate Appropriations Committee Room inside the Capitol. It said: "Bob is a living encyclopedia, and legislative graveyards are filled with the bones of those who underestimated him."
Time and time again, Sen. Byrd has delivered for West Virginia. The question of the moment is, what does Byrd think West Virginia needs in the next energy and climate bill?
No surprise here. The GOP always puts the owners ahead of the safety of the workers. So far this week, Republicans have opposed helping the unemployed, helping homeless veterans, and improving financial reforms.
Ken Ward Jr. at the Charleston Gazette examines a MSHA report that won't get media attention outside the immediate area, but helps to explain why fatal accidents occur in mines.
Ken Ward Jr. at Coal Tattoo asks an interesting question in how the investigation into the Gulf of Mexico oil well explosion is public, but the investigation into the Upper Big Branch disaster is behind closed doors.
So why can the Obama administration do this for an oil industry catastrophe and not for a coal-mining disaster?
The cynical part of me thinks it's because the nation has for decades seen West Virginia as a national sacrifice zone and they don't want to know what happens here.
BECKLEY - Miners and families from the Upper Big Branch Mine on Monday described the Massey Energy operation as "a ticking time bomb," where safety problems were ignored and workers feared losing their jobs if they complained.
"I felt like I was working for the Gestapo at times," said continuous miner operator Stanley Stewart, who was on his way into Upper Big Branch when the April 5 explosion occurred.
snip
Stewart was among the witnesses this morning in Beckley at a field hearing of the House Committee on Education and Labor, which is investigating mine safety problems and the death of 29 workers at Upper Big Branch.
Much of the testimony is damning.
Gary Quarles, the father of fallen miner Gary Wayne Quarles, said he has also worked at Massey mines and that the company routinely fixes safety problems only when workers underground are tipped off ahead of time that federal Mine Safety and Health Administration inspectors are on their way.
"MSHA inspections at Massey did little to protect miners," Quarles said. "We absolutely looked to MSHA for leadership, particularly on safety issues, but MSHA has let us down many times."
The recent explosion at the Upper Big Branch coal mine in my home county of Raleigh, which killed 29 West Virginians and injured 2 others, has brought West Virginia statewide sorrow and worldwide attention.
Reflecting on President John F. Kennedy's death, Robert F. Kennedy once said, 'Tragedy is a tool for the living to gain wisdom.'
As we seek to understand how and why the Upper Big Branch disaster occurred, we might also re-examine conventional wisdom about the future of the coal industry in our state.
Americans depend mightily on our coal to meet their energy needs. Coal is the major source of electricity in 32 states, and produces roughly half of all the electricity consumed in the United States.
As West Virginians, our birthright is coal. The ancient fossil is abundant here, and is as emblematic of our heritage and cultural identity as the black bear, the cardinal, and the rhododendron.
Indeed, the coal severance tax codifies the philosophy that the coal belongs to all West Virginians, and that they deserve meaningful compensation for its extraction. This philosophy has also been embraced nationwide, through the Black Lung Excise Tax, the Abandoned Mine Reclamation Fee, and several other existing and proposed programs that provide additional compensation to the people and places that produce our coal, oil, gas, and other energy resources.
Coal brings much needed jobs and revenue to our economy. But the industry has a larger footprint, including inherent responsibilities that must be acknowledged by the industry.
First and foremost, the coal industry must respect the miner and his family. A single miner's life is certainly worth the expense and effort required to enhance safety. West Virginia has some of the highest quality coal in the world, and mining it should be considered a privilege, not a right. Any company that establishes a pattern of negligence resulting in injuries and death should be replaced by a company that conducts business more responsibly. No doubt many energy companies are keen for a chance to produce West Virginia coal.
The industry of coal must also respect the land that yields the coal, as well as the people who live on the land. If the process of mining destroys nearby wells and foundations, if blasting and digging and relocating streams unearths harmful elements and releases them into the environment causing illness and death, that process should be halted and the resulting hazards to the community abated.
The sovereignty of West Virginia must also be respected. The monolithic power of industry should never dominate our politics to the detriment of local communities. Our coal mining communities do not have to be marked by a lack of economic diversity and development that can potentially squelch the voice of the people. People living in coal communities deserve to have a free hand in managing their own local affairs and public policies without undue political pressure to submit to the desires of industry.
We have coal companies in West Virginia which go out of their way to operate safely and with minimal impact on our environment. Those companies should be commended and rewarded.
But the coal industry has an immensely powerful lobby in Washington and in Charleston. For nearly a hundred years they have come to our presidents, our members of Congress, our legislators, our mayors, and our county commissioners to demand their priorities. It is only right that the people of West Virginia speak up and make the coal industry understand what is expected of it in return.
The old chestnut that 'coal is West Virginia's greatest natural resource' deserves revision. I believe that our people are West Virginia's most valuable resource. We must demand to be treated as such.
There was quite a bit of discussion last week about the NPR report on the Massey Energy FBI probe stemming from the Upper Big Branch mining incident. There was no question (or controversy) as to there being an FBI investigation, the question is whether or not it extended to possible bribery of federal regulators.
Bloomberg published this original reporting by Chris Stratton and Margaret Cronin Fisk yesterday that goes one step further than the earlier NPR story (emphasis mine):
Massey Energy Co., dealing with the death of 29 miners at one of its West Virginia coal mines, is being investigated by the FBI for possible bribery of state and federal inspectors, a person familiar with the probe said.
An April 5 explosion at the Richmond, Virginia-based company's Upper Big Branch Mine resulted in the deaths and sparked the investigation by the bureau, a second person familiar with the matter said April 30, asking not to be identified because the matter is confidential.
At least two dozen Massey employees, federal and state officials and mine union members have been interviewed by agents of the Federal Bureau of Investigation, the first person familiar with the investigation said.
The mine and its operators could be held criminally responsible for the explosion if there were any "overt acts," such as falsification of inspection documents or evidence of tampering with monitors and recording devices, said Bruce Stanley, a Pittsburgh attorney who represents the widows of two miners killed in an earlier incident.
"It's too early to provide any comment at this point," Massey spokesman Roger Hendriksen said in a phone interview today.
Should the FBI interview turn up evidence of criminal conduct, the matter would be referred to the U.S. Attorney in the Southern District of West Virginia, the first person said.
With an increasing number of government agencies being implicated in this mining incident, there's even more good reason for the investigation to occur out in the open. As Ken Ward, Jr. recently posted on Facebook:
Still no word from MSHA on making Massey mine disaster investigation public. Call 202-693-9400 to demand transparency.
In past investigations of disasters and even single mining deaths, MSHA allowed coal company lawyers to sit in on interviews with miners, mine managers and government inspectors. So the company knew what was being asked and answered - some believe the company lawyers intimidate witnesses by their very presence. Other times, government ... See Moreinvestigators conveniently skipped questions that probed their own failures of enforcement.
Congress gave MSHA authority to conduct investigations as public hearings, but the agency seldom does so.
Two UBB widows have asked for a public hearing, as has the UMWA and a collection of news organizations, including the Gazette.
A public hearing also gives MSHA subpoena power, something it doesn't otherwise have, to compel people to answer questions.
Wrongful death suits will give families power to get some answers through discovery. But a public hearing is the only way the public will ever find out what really happened.
The Charleston Daily Mail reports on Blankenship's appearance on WOWK's wingnutty "Decision Makers" program:
CHARLESTON, W.Va.--Massey CEO Don Blankenship said in a weekend TV interview that "evil people" have ascended the ranks of power in the United States and implied Sen. Jay Rockefeller was among them.
In an appearance on the WBOY and WOWK show "Decision Makers," Blankenship was asked about the impact of Rockefeller's comments that Massey was a "rogue" operator.
Rockefeller, D-W.Va., was being critical of Massey and Blankenship following the explosion last month at the company's Upper Big Branch mine that killed 29.
In the past, Rockefeller has gone out of his way to regurgitate the War on CoalTM hysteria and attack the Obama administration's environmental protection efforts.
It appears it did little good for him.
A mild defense of the EPA got Rep. Rahall's face printed on Massey-distributed "Nick Joe is anti-coal" signs. Accurately stating the case on mine safety has made Rockefeller fall out of favor with Blankenship.
It's time for Rockefeller and other officials to realize Blankenship will never be satisified with anything less than 100% obedience. The constant attempts to pander to him are just embarrassing.
It's really disappointing to see quotes like this from Luke Popovich of the National Mining Assocation.
Many coal companies didn't seem to suffer financially in Obama's first year: Massey Energy, for instance, recorded a $104 million profit despite the recession. But companies say the new guidelines threaten both companies and mining towns.
"You'd be hard pressed to find a president whose actions have been more warlike on coal. There are those who say the president has parked his tanks on our front lawn, and it's hard to dispute that," said Luke Popovich of the National Mining Association.
Someone might say:
You'd be hard pressed to find a trade association whose rhetoric is more irresponsible. There are those who say the National Mining Association promotes sedition, and it's hard to dispute that.
Some friendly advice, Luke... before you trump up the war-allusions you might want to tally up the body count of coal miners with the members of your National Mining Association.
"Oh Say, did you see him; it was early this morning.
He passed by your houses on his way to the coal.
He was tall, he was slender, and his dark eyes so tender
His occupation was mining, West Virginia his home
It was just before noon, I was feeding the children,
Ben Moseley came running to give us the news.
Number eight was all flooded, many men were in danger
And we don't know their number, but we fear they're all doomed"
- Jean Ritchie
Coal mining is dangerous business and the people of the Appalachian Coalfields, from Tennessee to West Virginia to Pennsylvania, have come to expect disasters out of the mining industry. Mining is a job that's full of risks and packed with hard work. Miners have come to be proud of the work that they do which truly has had a great role in powering the United States for more than the last century. It's been work that's populated Appalachia with amazing people but has kicked up a lot of coal dust in the process all over our great state of West Virginia.
After 9/11, where I was less than 10 miles from the Pentagon and remember hearing fighter jets & helicopters flying over my house throughout that tense night. I never thought I would feel that tragic emotion that brought anger, anticipation, fear, mourning, and pride together into one horrendous stomach ache again. Then came the disaster at Massey's Upper Big Branch Mine.
I could not work all week. I could not stop refreshing the WSAZ news page and the Coal Tattoo Blog for updates. I could not get my mind off the basic question of whether there is good in the world where 29 hardworking men are killed because of Massey Energy's disregard for miner safety. I could not get off the phone talking with students I work with and my own family members who were grieving like I was for these men and holding out hope that the four "missing miners" would be found alive. They were not. And we continued to mourn through the weekend.
The Interior Department is writing new regulations for mountaintop-removal coal mining that would expand protection for waterways and require the restoration of dynamited areas.
Christopher Holmes, spokesman for Interior's Office of Surface Mining Reclamation and Enforcement, said the agency is rewriting its "stream protection rule" to boost environmental safeguards.
The proposal being drafted, Holmes said, would:
* Establish a clear standard for restoring dynamited mountaintops. The 1977 Surface Mining Reclamation and Control Act requires that mountaintops be restored to their "approximate original contour," but defining the term has been left to individual states.
* Yank the right of state regulators to grant exceptions to the contour-restoration requirement. Federal authorities currently allow states to set their own standards for granting exemptions, and state standards vary widely.
* Set a federal definition for "material damage" to watersheds beyond permitting areas. The surface-mining law prohibits mountaintop-removal mines and other above-ground coal operations from damaging watersheds outside areas covered by mining permits, but the requirement has been difficult to enforce because "material damage" has never been defined.
* Require companies applying for mining permits to collect more information on the environmental health of watersheds where they intend to work and to monitor conditions during and after mining. Mines that inflict environmental damages beyond what is permitted would be required to change their operations or close.
* Clarify that seasonal streams and temporary streams are covered by the regulations, even when the streambed is dry.
The changes under consideration would apply to new applications for surface coal mining permits and would not apply to existing coal mines, Holmes said.
This is just one step in a long process as the new stream protection rule writing is on-going and far from final. The Office of Surface Mining is still working on the assessment of the proposal's environmental impact. OSM officials will be meeting with folks in impacted states over the next month for a round of feedback on the proposed rule changes.
The proposed rule is due for publication in February, 2011. Then a lengthy public review process occurs with a final rule update not due to go into effect until 2012.
Copyright 2009 West Virginia Blue
Site content may be used for any purpose without explicit permission unless otherwise specified.
This site exists thanks to financial support from BlogPAC, the tireless efforts of volunteer contributors and continued participation from this community. The views expressed at West Virginia Blue belong soley to their respective authors.
