Support EPA veto of Spruce No. 1 mine (CRMW) & Keep Up The Fight To Stop Mountaintop Removal Mining (EARTHJUSTICE) 31MAR12 & Spruce No. 1 Mine (from EPA) 18MAI10

THE EPA has vetoed the Spruce No. 1 mine in West Virginia. Letting this mountaintop removal mining operation go on as approved by the U.S. Army Corp of Engineers (in violation of Clean Water Act regulations) is a victory for the people of West Virginia, especially the residents of Logan County. It stops removal of 2000 acres of the mountain and the valley fills in the Spruce Fork watershed of the Pigeonroost Branch and the Oldhouse Branch of the Little Coal River, which flows into the Coal River. Now a federal court has overturned the EPA ruling. The Coal River Mountain Watch and Earthjustice are calling on friends and supporters to submit messages to the EPA telling them to appeal the courts ruling and reinstate the EPA ban on Spruce No. 1 mine. Click the links to participate. AND if you wonder what mountaintop removal mining does to the people and the environment of the region watch the documentary "On Coal River" which is being made available for free through the CRMW link below. Last is the original EPA decision issued in 2010. And if you like heroes check out my post from 21JAN11 on the death of Judy Bonds, she gave her life to the fight against this mine and all mountaintop removal mining at "THOUSANDS PAY TRIBUTE TO JUDY BONDS: SHE HAS BEEN TO THE MOUNTAINTOP-AND WE MUST FIGHT HARDER TO SAVE IT
http://www.blogger.com/blogger.g?blogID=6156607164032733669#editor/target=post;postID=2715201580236200713

In this Issue:

1. Support the EPA's veto of the Spruce No. 1 Mine

2. Tell the Office of Surface Mining to revoke mountaintop removal permit on Coal River Mountain

3. "On Coal River" free online

1. Take Action!  Support the EPA's veto of the Spruce No. 1 Mine!

Late last week, a federal court overturned the Environmental Protection Agency's veto of several valley fills for one of the most disastrous and destructive mountaintop removal mines in U.S. history, the Spruce No. 1 Mine in West Virginia.

The EPA was right to veto the valley fill permits of this terrible mountaintop removal coal mine. The Spruce mine poses serious threats to the communities below the mine, many of which have already suffered from the water, air, and health impacts of mountaintop removal mining.

The EPA has a very strong case for appeal, but they need your support to continue to use and defend their right and obligation to stop destructive mining.

Will you take a moment to urge the Obama administration to move forward in its efforts to address the extreme destruction of mountaintop removal coal mining? Please take action now and urge the Obama administration to stand strong amid coal industry attacks and take even more action to protect the waters and people of Appalachia.  Also, show your support for the EPA's Spruce decision by voting on Charleston Gazette's online poll (scroll down, on the left).

2. Take Action!  Tell the Office of Surface Mining to revoke a mountaintop removal permit on Coal River MountainIn 2008, the WV Department of Environmental Protection granted Massey Energy a permit for mountaintop removal on Coal River Mountain. This permit allows Massey (now Alpha) to destroy 2000 acres of the mountain, despite the objections of community residents living directly at the foot of the mountain.

Fortunately, Alpha has not yet started mining on this permit.  According to federal law, any permit which does not start within 3 years of being issued is automatically terminated.  Eagle II is one example of what appears to be Alpha/Massey's strategy of getting permits for areas that they have no immediate intention to mine before they are faced with stricter regulations and more science clearly proving the irreversible impacts of mountaintop removal. 

Take Action! Tell the federal Office of Surface Mining to revoke this permit due to Alpha's clear violation of the law.

3. "On Coal River" documentary free online

We are very excited that the award-winning documentary film "On Coal River," which features the work of Coal River Valley activists and Coal River Mountain Watch volunteers, is now available for free online here.

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TAKE ACTION! Keep Up The Fight To Stop Mountaintop Removal Mining
	Destroying mountains and dumping toxic waste in communities’ waters is wrong. Please urge the Obama administration to stand strong amid coal industry attacks and to protect the waters and people of Appalachia. Take Action Today!
Late last week, siding with the coal industry, a federal court overturned the Environmental Protection Agency’s veto of one of the most disastrous and destructive mountaintop removal mines in U.S. history, the Spruce No. 1 Mine in West Virginia. This ruling was a heartbreaking setback for the people who’ve been fighting to protect their communities from this destructive mine for more than a decade now, and for the 38,000 Earthjustice supporters like you who had urged the EPA to issue that veto. But it doesn’t have to mean defeat—as long as the Obama Administration keeps standing behind EPA and the Clean Water Act. That’s why the White House needs to hear from you now. Along with our partners in Appalachia, we will continue fighting the Spruce mine permit and all mountaintop removal mining until protections and justice are brought to Appalachia. We vow this much because destroying mountains and dumping toxic waste in communities’ waters are plain wrong. People deserve clean water and a safe environment—it’s just that simple. Will you stand with us against this grave threat to the communities of Appalachia who live below the mine and have already suffered the water, air and health impacts of this extreme mining practice? We believe the EPA has a very strong case for appeal, and we need your help in keeping up this fight for what is right. Please take a moment to urge the Obama administration to move forward in its efforts to address the extreme destruction of mountaintop removal coal mining. Act now to urge the Obama administration to lead its agencies to more actions to protect the waters and people of Appalachia. Sincerely, Liz Judge Campaign Manager Earthjustice

©2012 Earthjustice | 50 California Street, Suite 500, San Francisco, CA 94111 | 415-217-2000 | action@earthjustice.org

Spruce No. 1 Mine

Spruce No. 1 Mine

• Frequent Questions
• Public Hearing held May 18, 2010
• Documents

After extensive scientific study, a major public hearing in West Virginia and review of more than 50,000 public comments, EPA announced that it will use its authority under the Clean Water Act to halt the proposed disposal of mining waste in streams at the Mingo-Logan Coal Company's Spruce No. 1 coal mine. EPA is acting under the law and using the best science to protect water quality, wildlife and Appalachian communities.
Clean Water Act Section 404(c) authorizes EPA to restrict or prohibit placing dredged or fill material in streams, lakes, rivers, wetlands and other waters if the agency determines that the activities would result in "unacceptable adverse effects" to the environment, water quality, or water supplies. This authority applies to proposed projects as well as projects previously permitted under the Clean Water Act although EPA is not considering such action for other previously permitted projects.

Location of the Spruce No. 1 mine in southwestern West Virginia

The Spruce No. 1 Mine is one of the largest surface mining operations ever authorized in Appalachia. It is located in Logan County, West Virginia in the Spruce Fork Watershed, which has been impacted by previous mining activities. The Mingo Logan Coal Company has been authorized by the U.S. Army Corps of Engineers, Huntington District to construct six "valley fills" and numerous sedimentation ponds in Seng Camp Branch, Pigeonroost Branch and Oldhouse Branch and certain tributaries to those waters by discharging excess spoil generated by surface coal mining operations. These on-site streams are tributaries of and exhibit surface water connections to Spruce Fork of the Little Coal River, which ultimately flows into the Coal River.
EPA has reason to believe that the Spruce No. 1 Mine, as currently authorized, will result in unacceptable adverse effects to fish and wildlife resources. EPA's action prevents construction of valley fills in Pigeonroost Branch and Oldhouse Branch. It does not affect current mining operations in Seng Camp Creek.

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Last updated on Thursday, September 01, 2011

TAKE ACTION! We Need Clean Water: No More Dumping Mining Waste Into Our Waters! 13MAI11

A call to action from Earthjustice for the Clean Water Act to be restored to it's original purpose, protect our waterways and provide clean water and to close the loopholes allowing toxic mine waste and other pollutants to be dumped into lakes, rivers and streams...

TAKE ACTION! We Need Clean Water: No More Dumping Mining Waste Into Our Waters!
	For nearly a decade, wealthy mining corporations have used a loophole in Clean Water Act regulations to dump their toxic and dangerous mining waste directly into the waters we all rely on, turning some of America's most pristine lakes and streams into industrial waste dumps. To protect our waters—and us—President Obama must make closing this loophole a priority! Take Action Today!
Ever since President George W. Bush created a massive loophole in the Clean Water Act in 2002, mining companies have been able to dump their toxic and dangerous mining waste directly into the waters we all rely on. In 1972, Congress overwhelmingly passed the Clean Water Act to end the use of lakes, rivers, streams and wetlands as waste dumps. Before that, America's waters and people had been suffering from pollution, and many lakes and rivers became unfit for drinking, swimming and fishing. But in 2002, America's waters and people took a hard hit. By coming up with a new definition for "fill material," the Bush administration opened the floodgates for coal mines in Appalachia to destroy streams with the waste created by blowing the tops off of mountains. In 2004, the Bush administration expanded that loophole to allow even more dangerous dumping of toxic mine "tailings"—the chemically processed wastewater slurry from extracting gold and other metals. For nearly a decade now, we've watched as wealthy mining corporations turn some of America's most pristine lakes and streams into industrial waste dumps. In Alaska, a new gold mine is pumping hundreds of thousands of gallons per day of toxic wastewater slurry into Lower Slate Lake, killing its fish and aquatic life. And this is just the beginning. High gold and metal prices have triggered a mining boom that, without stronger regulation, threatens countless lakes, streams and wetlands in Alaska and throughout the country. The Obama administration must close this loophole, now, and restore protections for our waters. Clean, safe, healthy water for all Americans must take priority over corporate interests. Please write to the Obama administration and tell them to close this loophole and stop the dumping of mining waste into our waters: http://action.earthjustice.org/site/Advocacy?pagename=homepage&page=UserAction&id=1135&autologin=true — Earthjustice Because the earth needs a good lawyer Photo Credits: Top: Alaska's Lower Slate Lake, before chemically processed waste from the Kensington Mine was stored there, and after. Middle: Alaska's Lower Slate Lake, before chemically processed waste from the Kensington Mine was stored there, and after. ('Before' Photo by Pat Costello and courtesy of LightHawk) Bottom: Polluted Cabin Creek, near Leewood, West Virginia. (Mark Schmerling)

©2011 Earthjustice | 426 17th Street, 6th Floor, Oakland, CA 94612 | 510-550-6700 | action@earthjustice.org

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EARTHJUSTICE E BRIEF 19NOV10

BE sure to read the message from Tripp Van Noppen and the stories on mountaintop removal mining, fracking and frankenfish.....and the others too. If you're looking for an environmental charity to donate to EarthJustice is definately one to consider, they get 4 stars from Charity Navigator.
 

Home About Earthjustice Take Action Donate November 2010

At a Glance: In The News Trip: Giving Thanks Features unEARTHED Stew In The Win "You're in a war zone when you live close to mountaintop removal mining sites." -Grandmother and former coal miner in Appalachia. Refugees And Heroes of Appalachia Mountaintop removal mining, with its dynamite and devastation, has driven people like refugees from their homeland in Appalachia. But some have stayed to fight this war against nature and community. They may never wear a Medal of Honor, but you'll be convinced they should after reading their stories. Read Their Stories (Text and audio) Thanks For Your Vote of Confidence Regardless of mid-term elections, America's bedrock environmental laws remain intact, and Earthjustice—thankful for a vote of confidence from supporters—is prepared to protect and wield these laws. A report from Earthjustice President Trip Van Noppen.  Read More | Comment

From Earthjustice's blog: The Zuke Coal darkens future of clean energy.  Read David Guest EPA rules against green slime in Florida.  Read Tom's Turn The spotted owl with legs.  Read

Around the world of Earthjustice: Fracking Is A Mystery and A Crime The water-polluting form of gas extraction known as hydraulic fracturing hit television primetime last week with an overview of the drilling boom on 60 Minutes, and a fracking murder mystery on the crime drama CSI. Read on to find out which show did a better job covering this controversial topic.  Read More Beware of "Frankenfish" "Frankenfish"—otherwise known as genetically modified Atlantic salmon—are grown in land-based tanks but could escape and breed with the rare, few wild salmon still out there. Earthjustice, along with 11 other major national environmental groups, has written the Food and Drug Administration, asking for a full environmental impact statement before approving the unnatural fish. Such a review might uncover info showing the risks are too high to warrant approving these unnatural animals. Read More Otero Mesa: National Monument? As he heads out the door, departing New Mexico Gov. Bill Richardson has asked President Obama to designate Otero Mesa, a rare grassland in Southern New Mexico, as a national monument. It would be the first for Obama. By contrast, Earthjustice stopped a Bush-administration plan to allow oil and gas drilling on the lands.  Read More Hero of Kansas Coal Wars Ousted Three years after he refused to permit a coal power plant—making Kansas the nation's battleground over clean energy—Rod Bremby has been forced out of his job as state health and environment chief.  Read More A Dirty Secret: U.S. Coal To Asia Seeking new markets for their dirty product, the coal mining industry is quietly developing plans to expand exports to Asia. Earthjustice and our allies packed an obscure hearing in Washington State this week to speak against new coal shipments.  Read More

Earthjustice and its allies won advances—or outright victories—across a broad front: A Tiny, Yellow Energy Saver What kind of a difference can a little yellow label make? Quite a bit, in the case of the new EnergyGuide label for TVs all across America. Earthjustice fought to get this product label on TV screens in stores—and that means consumers will save billions of dollars and the nation saves vast amounts of energy.  Read More Unmasking Greenhouse Gas Emissions Rules forcing the oil and gas industry to disclose how much greenhouse gas they emit were announced this month by the U.S. Environmental Protection Agency. The rule will cover 85 percent of the greenhouse gas discharges from the oil and gas sector and will require reporting by about 2,800 facilities. Read More

Take Action Take Action: Earthjustice offers our supporters a variety of opportunities to take action in support of strong environmental protections. Check out our Action Center for details or join us on Facebook today. Take action today! Connect Join us on Facebook! Follow us on Twitter! Watch us on YouTube! Earthjustice. Because the earth needs a good lawyer. Earthjustice is the nation's leading, non-profit law firm for the environment. To learn more about our work, visit our website, http://www.earthjustice.org. Photo Credits - Sid Moye: Mark Schmerling. Flaming tap: Courtesty of Gaslands. Coal ash: Jerry D. Greer. ©2010 Earthjustice | 426 17th Street, 6th Floor, Oakland, CA 94612 | 510-550-6700 | enews@earthjustice.org If you experience difficulty viewing this message, please click on the link below: http://action.earthjustice.org/site/MessageViewer?em_id=1681.0&pw_id=1561&autologin=true

Watch Coal Country, Win a Prize!

Watch Coal Country, Win a Prize!
'Coal Country' image.

The documentary Coal Country is airing on TV this month.

Here's your chance to receive a complimentary copy of the book Plundering Appalachia, or to get mentioned on Earthjustice's Facebook and Twitter pages!

Dear friend,

In November 2009, a documentary film premiered on national television that told the story of mountaintop removal mining in Appalachia from the view of those people who live and work in the coal fields. If you missed the premiere of Coal Country, you're going to have a few more chances to see the film this month.

And to give you just a bit more incentive to watch, we've decided to offer a small contest:
How to Enter:

1. Watch Coal Country on TV at Planet Green.

2. Answer the five questions below while you watch. (Print out the questions.)

3. Email your answers to mtr@earthjustice.org by March 22. Include your mailing address if you'd like to receive a complimentary copy of the book Plundering Appalachia, a stunning look at the impact of coal mining in Appalachia. (Limited quantities available. Answer fast!)

4. If you're one of the first five people to respond with correct answers, we'll make you our Coal Country Champions on our Facebook and Twitter pages!

Coal Country will air on Planet Green this month:

* Saturday, March 13, at 10pm ET
* Sunday, March 14, at 2pm ET
* Thursday, March 18, at 11pm ET
* Friday, March 19, at 3pm ET

(Find out if you get Planet Green.)

The five questions to answer:

1. Chuck Nelson is a former coal miner who now fights with local environmental groups to stop mountaintop removal mining. Early in the film, he is being interviewed on his porch and he holds up a gold Bradbury Ring. What did he receive the ring for?

2. Environmental attorney Joe Lovett has been fighting in the courts against mountaintop removal for over a decade. He's won some important legal victories and continues to fight. He mentions there are two "good laws" useful for fighting mountaintop removal. What is at least one of those laws?

3. During the film, there is a public hearing packed with both coal company representatives and community activists. One man repeats a saying to the coal miners in the room that the coal companies have always said about their employees. What is this saying?

4. At the same hearing, coal company supporters are wearing buttons on their shirts and hats. What do the buttons say?

5. The film spent time with activists in many different parts of Appalachia, including West Virginia, Kentucky and Ohio. One activist from Meigs County, Ohio said that her county is ranked number 1 in two categories. What are those two categories?

Mountaintop removal mining is an extremely destructive mining practice that literally blows the tops off entire mountain ranges in Appalachia. The resulting rock, waste and rubble are then dumped into nearby valleys, permanently burying streams. Nearby communities are being destroyed by floods, poisoned water and intimidation from coal companies. Coal Country is a dramatic look at modern coal mining, telling the impact that coal has had in this region from both the mining companies and the communities affected.

Good luck!

— Earthjustice
Because the earth needs a good lawyer