Remembering Ben Stout: An Environmental Legacy

The region just lost a powerhouse of environmental science and advocacy with the death of professor Benjamin Stout. Stout’s work as an educator, an expert witness in the courtroom, as well as his work empowering citizens with science, made long-term impacts regionally and nationally.

Stout was a Wheeling resident and, for the past 26 years, a biology professor at Wheeling Jesuit University. He was a stream ecologist who dedicated his life to science, nature, and above all, community. Ben died of cancer Aug. 3 at his home in Wheeling, surrounded by his family. He was 60.

Stout revealed some of his deepest convictions related to coal mining practices, a topic especially important to him, in a 2008 documentary called Burning the Future: Coal in America.

“When I look at a mountaintop removal site, valley fills,” he said, “I just look at that as a place on Earth whose value was among the best of all places on Earth diminished to among the least of all places on Earth.”

Stout spent a large part of his career studying impacts of surface mining on watersheds and nearby communities. He frequently monitored waters surrounding ponds built to hold coal mining waste — slurry impoundments. As coal companies complied with rules to limit pollution from power plants, Stout found more of those pollutants instead wound up in the ponds.

“The Clean Water Act was the reason slurry impoundments were initially created in order to contain the black water that’s left over from the coal cleaning process,” Stout explained in the film. “Then along comes the Clean Air Act and the irony is now we need to remove even more impurities from the coal, like the heavy metals.” He went on to explain that contaminants in the air have mostly been transferred to water, along with increasingly harsh chemicals used to pull the impurities from coal.  

The Expert Witness

Stout was often called as an expert witness in court cases surrounding watershed impairment. Attorney Joe Lovett recalled working with him during a landmark case in the late 1990s.

“It was a case that we brought before Judge Hayden— a federal judge at the time—to seek to stop mountaintop removal in the state,” Lovett said. He recalled the centerpiece of the case was the impacts of surface mining and resulting valley filling practices on surrounding aquatic life. Stout played a key role.

"The courts have this fiction that experts are somehow neutral, like machines. And Ben refused to play along with that," Lovett said.

During the trial, on a snowy February day, Stout guided Judge Hayden through a stream slated to be buried, and Stout did what he loved most: he waded through the stream finding insects.

“I think the judge appreciated that because he was a fisher, and those insects, mayflies and so forth with a very kinds of insects that fly fishers use all the time,” Lovett said. “I think the judge really learned from Ben, and I think that was crucial in winning that case.”

For the first time ever, a judge issued an injunction against a mountaintop removal operation, halting one of the largest ever proposed mountaintop removal operations, Spruce Mine No. .1. Necessary mining approval for Spruce 1 has been hung up in court ever since.

“The courts have this fiction that experts are somehow neutral, like machines. And Ben refused to play along with that,” Lovett said. He said Stout’s outspoken nature would sometimes create problems for him. He said, nevertheless, he admired Stout’s integrity.

“Ben not only as an expert, but as a human being and somebody committed to protecting the natural world really taught all of us how to be good advocates and reminded us why we do what we do.”

The Community Advocate

Stout spoke confidently with judges, lawyers and politicians, but he could also talk just as easily with anyone else.

Stout’s friend and colleague at Jesuit, Mary Ellen Cassidy, worked with him for years studying impacts of slurry impoundments on well water of residents in southern West Virginia. She remembers him as personable and disarming, traits that helped him to connect with even the most isolated community members who were living with polluted water wells.

“We would end up sitting down at [rural residents’] tables and talking just about everything,” Cassidy recalled with a laugh. “He had this kind, open spirit, and that’s who he was. He was very authentic. And people sensed that right away.”

Cassidy said his ability to connect with people and gather and provide valuable, valid research, made it possible to empower communities to affect change. His obituary notes how his work in communities, “led to 500 West Virginia families being connected to a municipal water supply at Williamson.”

The Watchdog

Stout was resourceful and respected by his peers. Standing next to the Monongalia River in Morgantown, Paul Ziemkiewicz, reflected on how waters like these, “benefited mightily from water improvement efforts over the years and to a large extent thanks to Ben’s contribution of improving our water and making places like this an asset to the community rather than what it was 30 years ago, which was kind of a dump.”

"Ben's integrity as a scientist was, was always first and foremost," Ziemkiewicz said.

“Ben’s integrity as a scientist was always first and foremost,” said Ziemkiewicz, director of the West Virginia Water Research Institute at West Virginia University. He worked alongside Stout and other scientists in the wake of a major fish kill on Dunkard Creek, and the horizontal gas drilling boom in 2009 to create the 3 Rivers QUEST program.

“We all compared notes, we all monitored the river using the same protocols and shared our data and as a consequence, we let it be known to the whole world that they were being watched.”

The Educator

Stout’s work was also a source of inspiration to his students at Wheeling Jesuit University.

“You couldn’t help but just want to follow in his footsteps,” former student Jacob Keeny said.

Keeny remembers how Stout turned him on to stream ecology soon after he started at Jesuit in 2011. Keeny said he was inspired by Stout’s unquestionable passion for community service.

“He wanted his students to respect the community first and understand science second. If you couldn’t 

"You couldn't help but just want to follow in his footsteps," Keeny said.

connect the two, you were hard pressed to get a good grade in his class,” he recalled. “It was about how well you understood what was going on, and how you could solve problems to fix crises that people were going through.”

Jacob remembers his professor would jump at any chance to work with a community in crisis, and that he’d always take students along with him. For Jacob, that meant getting involved during a major chemical spill in Charleston in 2014 that left 300,000 people without water for days.

“I got a call from him middle of the afternoon during a snowstorm, and he said, ‘Hey, we’re going to be working on this Elk River spill, you want to you want to join me?’ I said, ‘Sure , why not?’”

Stout’s expertise in water testing and innovative problem solving proved to be a value contribution.

“There weren’t a whole lot of press releases explaining what [MCHM] was,” Keeny said. “No studies on it saying what it would do to human health. Ben, he’s a he’s a freshwater stream ecologist. And so he took the approach of seeing what it does to the bugs in the river first.”  

Stout was eventually hired by a law firm that brought a class action suit over the spill. Because human health studies can take decades to provide conclusive results, Stout and Keeny turned to insect indicator species in streams. They conducted toxicity tests to gauge the potential health effects of MCHM. Exposure to even very low concentrations of the chemical MCHM turned out to be fatal for the insects.

“And I believe that information that ended up being used in the class action lawsuit and years later, they’ve finally settled that suit. And I think people are starting to get a little bit of justice.”

Action Groups, Experts, Mom Look Back and Forward After Chemical Spill

Leaders of citizen groups, a water scientist and an impacted mother held a phone-based news conference this week to look back on the crisis and outline the progress, pitfalls and next steps in their work to ensure safe drinking water for all West Virginians.

On the call:

RECAP:

Executive Director of the Ohio Valley Environmental Coalition, Janet Keating started the call off with a recap of events that lead to state legislation, SB 373, and Freedom Industry’s bankruptcy and subsequent indictments.

Executive Director of the West Virginia Rivers Coalition, Angie Rosser reflected that there was plenty of blame to go around when it came to a chemical spill that could taint drinking water of 300,000 people.

“I don’t think it’s any one person,” Rosser said, “it’s the whole system and the politics in West Virginia that have for decades set us up, in my opinion, for this kind of catastrophe.”

TODAY:

According to a survey conducted over the summer by the social justice organization WV FREE, 80 percent of voters said they are concerned about toxins in public water sources. Many West Virginians are now heavily embracing a cultural standard of living off of plastic-bottled water. (Bottled water which, in addition to not being free, doesn’t happen to be regulated under the Safe Drinking Water Act.)

The lack of public confidence is understandable, according to aquatic biologist Dr. Ben Stout from Wheeling Jesuit University. Stout pointed out some of the concerns he was left with after the spill, including how alarming it was that, “if it hadn’t been for the smell, for our human ability to detect small quantities of 4-MCHM, we would have never known that this whole community was exposed to a potentially toxic material.”

It’s a troubling realization, Rosser–from the Rivers Coalition–said, especially in light of the findings of recently implemented above-ground storage tank inspections.

Rosser: “The first round of inspections were completed by January 1, just a few days ago. And what was revealed this week to the public is that of those inspections that have been submitted,1,100 of those did not pass inspection. They’re deemed ‘not fit for service.’ That shows us that there are still tanks out there that may be leaking today.”

The discussion also encompassed some happy lessons learned in light of the spill.

  • Ben Stout talked about the abundant scientific resources in the region who sprang to respond;
  • Rosser said she saw progress from state officials who, for the first time, started to consult with citizen action groups in the wake of the crisis.

TOMORROW:

Rosser posed the question: “Will the public remain active?”

Looking forward, groups discussed anticipated legislative hurdles like funding Source Water Protection Plans and safeguarding other protective water laws and regulations.  

“The legislation and the progress that we saw over the last year could not have happened without citizen involvement,” she said.

Recycling Frack Fluids Growing Alternative to Injection Wells

State lawmakers say they’re starting to broaden their focus of the state’s water resources from not just protecting it, but also managing it.

During a legislative interim meeting in Charleston, legislators considered the thoughts of scientists and industry leaders regarding waste water management in the natural gas sector.

“Fresh water is becoming more and more of an issue not just here in West Virginia and Appalachia, but throughout the country and throughout the world. It’s becoming scarcer,” said Senate Majority Leader John Unger as he began the discussion during a meeting of the Joint Legislative Oversight Commission on state Water Resources. 

“I think we’ve been blessed with this water resource because we do have an abundance of it, but it’s also finite, it’s not infinite and we want to leverage it for economic development. So, we want to be able to utilize this to be able to attract companies into our state and to better manage it.”

Even though water isn’t the main attraction for industry in the state, drilling for natural gas in northern West Virginia depends on the availability of the resource.

According to recent research, each Marcellus well in West Virginia requires the injection of about 5 million gallons of water.

Water is mixed with various chemicals, pressurized, and pumped down into wells to release the gas from the Marcellus shale during the fracking process, making water a critical component.

“There will never be a well drilled in the Appalachian basin without water management,” Rick Zickefoose, vice president of operations for GreenHunter Water, told the committee.

“You’ve got to have water, you’ve got to manage the water, you’ve got to know where you’re going to get it to begin with and know what to do with it when it’s done.”

And when it is done, that’s when GreenHunter’s work begins.

The company trucks used frack water from drilling sites in West Virginia and Ohio to one of their 5 disposal wells in West Virginia, Ohio or Kentucky, or one of their holding facilities to await injection.

Zickefoose said they inject around 75,000 barrels of the waste water a week, or about 750 truck loads, but now, the company wants to diversify their waste water management methods.

Credit Ashton Marra
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Vice President of Operations for GreenHunter Water Rick Zickefoose testifies before the commission.

“We are taking the steps to go into the water recycling arena,” Zickefoose said.

Water use data collected by the state Department of Environmental Protection reveals that of the 5 million gallons of water injected into each well, only about 8 percent returns to the surface as waste water, or flowback. New recycling practices adopted in the state are diverting about 75 percent of that waste for reuse.

Zickefoose said simply providing the service of processing waste water for reuse isn’t enough for the industry to make the full transition away from fresh water, at least not yet.

Today, oil and gas companies rely on injection wells to dispose of waste water as sanctioned by the state because of something Zickefoose referred to as “cradle to grave regulations.” Basically, the regulations make companies accountable for water from the second they collect it at the fresh water source until it is disposed of at the injection well.

But Melissa Pagen, water treatment specialist for GreenHunter, said they can offer an alternative.

“They drop off their product. We have a tank cleaning on site so they can clean the inside of the tank because that’s regulation. Then they can take water that we’ve already treated,” she said. “That’s taking one extra truck off the road that would have to take water to frack with that we’re providing for free.”

Free treated water, recycled from the used water dropped of by previous trucks. On top of that, trucks that plan to load up with the treated water get a discount on the waste water they drop off.

But Pagen said there is hesitation from the industry on mixing their water with that of other companies at the recycling site and still having the liability if something should happen.

Zickefoose said whether it’s through regulations or a shift in the industry, he still believes the recycling technology his company can offer will be utilized in the near future. So confident, in fact, GreenHunter has already bought a site in Wheeling to build a holding facility and recycling center.

Dr. Ben Stout, a professor of Biology at Wheeling Jesuit University, has been outspoken against the new site because of its location only a mile and a half upstream from the city’s drinking water intake location on the Ohio River.

Credit Ashton Marra
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Dr. Ben Stout, professor of biology at Wheeling Jesuit University.

Stout maintained should an accident occur, it jeopardizes not only the water source for the citizens of Wheeling, but also for millions of other people in cities in West Virginia and other states downstream. He also raised concerns about the additional truck traffic brought into the residential area where the facility would be located.

Stout, however, is a proponent of the recycling program.

“The waste stream is the Achilles’ heal of the industry and so the limit to production is eventually going to be the limit to how fast you can clean up after yourself,” he said.

“So, I think GreenHunter is right on. I support them and I hope they can develop the kind of technologies and processes that would really work.”

Technologies and a process that would really work, he adds, in the proper locations.

Zickefoose also detailed for the committee what he felt were positives that could come from barging frack water down the Ohio River.

The U.S. Coast Guard is seeking public comments on a proposal that would allow barges to transport shale gas wastewater to injection well sites instead of in trucks.

Zickefoose said one barge could transport more then 40,000 barrels of water compared to the 100 barrels in a single truck, significantly reducing traffic, wear and tear on infrastructure and pollution.

Stout, who again said he was in favor of GreenHunter’s exploration of recycling technology, said barging is not a better option.

He said when moving the waste water from one transportation container to another; they have to be vented releasing harmful chemicals in to the atmosphere. Stout maintained transferring the liquids from the site to the barge to trucks to the injection wells means more venting and more chemicals being released into the atmosphere.
 

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