Pipeline Opponent Appeals to West Virginia County

Opponents of a proposed 550-mile natural gas pipeline are asking a West Virginia county to support their efforts seeking a combined review of that energy project and others.

The Exponent Telegram reports that the Virginia chapter of the Sierra Club delivered its request Thursday before the Upshur County Commission.

The Sierra Club’s Kirk Bowers said commissioners should ask for a collective environmental impact statement for the Atlantic Coast Pipeline, as well as others. Each is now being reviewed separately.

Bowers questioned whether all those pipelines are truly needed.

A representative of the Dominion Resources said the projects are needed, and energy companies wouldn’t otherwise propose them.

The Atlantic Coast Pipeline would deliver natural gas from West Virginia to the Southeast. The pipeline would run through Virginia and North Carolina.

Groups Sue Patriot Coal, Allege Pollution

Patriot Coal is being sued by environmental groups who say the company’s Hobet 21 mountaintop removal mine in Southern West Virginia is polluting the Mud River watershed.

The Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy, and the Sierra Club say they have identified multiple violations of water quality standards at the Boone County mine. The groups say streams in the watershed are no longer healthy ecosystems because of pollution from more than 20 valley fills.

Patriot Coal didn’t immediately respond to a request for comment on Tuesday.

The groups say the mine’s pollution permit prohibits dumping materials into waterways in concentrations harmful to humans, animals or aquatic life, or concentrations that significantly affect aquatic ecosystems.

The groups say they filed their complaint on Monday in federal court in Huntington.

Longview Power Seeks OK to Settle Pollution Suit

Longview Power has asked a bankruptcy judge to allow it to settle a lawsuit alleging pollution violations by two subsidiaries.

The federal lawsuit alleges that pollution discharges by Coresco and Mepco exceeded their permits. It also says other pollutants were discharged without a required permit.

The companies deny the allegations.

The Dominion Post reports that Longview filed a motion in U.S. Bankruptcy Court in Delaware last week seeking permission to settle the case. Under the proposed agreement, Coresco and Mepco would improve flows at two discharge sites. They also would construct equipment to collect and divert flows to a water treatment plant.

The Sierra Club and the West Virginia Highlands Conservancy filed the lawsuit in West Virginia in 2012. Longview filed for Chapter 11 bankruptcy in 2013.

Some Say West Virginia Can Survive the New EPA Regulations

West Virginia can actually thrive under new U.S. Environmental Protection Regulations that aim to reduce greenhouse gasses, according to three panelists participating in a public forum last week in Shepherdstown.

West Virginia must cut back its carbon emission rate by 20 percent by the year 2030 under the EPA regulations. The panelists leading the forum, entitled EPA Carbon Rules: How Can West Virginia Lead? voiced confidence that the state can meet that goal and create jobs as well. The West Virginia chapter of the Sierra Club organized the event. Jefferson County resident Mary Anne Hitt is director of the organization’s Beyond Coal Campaign

“There is a lot of misinformation out there about this rule, and what it requires of coal or gas or energy efficiency,” Hitt noted, “and the fact of the matter is, here in West Virginia, we can meet the standard through energy efficiency, through wind and solar. Through clean energy that’s going to provide a lot of new jobs in the state, and it’s a really exciting opportunity, and we all know that we’re struggling with low employment here in West Virginia, and we need more economic opportunity, and this is a great way to bring it to the state.”

Aside from Hitt, two other panelists seemed to get the most reaction from the audience. One was David Levine who is a leader in the West Virginia solar industry. Levine is founder and CEO of the company Geosteller Solar which is based in Martinsburg.

“This regulation is not job killing regulation,” said Levine, “It really is going to spur a whole new energy economy, which is really good for consumers, and that’s actually going to lower their utility bills, and it’s going to spur jobs, because solar creates many more jobs per Megawatt than big centralized nuclear power plants or coal plants, or natural gas power plants.”

Levine says that the installation process is frighteningly simple.

“Our business is solar energy marketplace, and the idea is we match people who want to go solar with the right solutions. We tell you exactly how much energy you can produce on your particular rooftop, and then the value of that energy based on the energy you’ll displace. So if I used to have a monthly energy bill of $120 a month, it says your new total electricity cost with your solar, plus what you’ll still paying your utility company for a reduced usage might be down to $80 a month, and that’s what we compare.”

Levine says once Geostellar Solar does a site assessment of your home, it takes a licensed contractor about a day to install the panels. But if it’s so easy, why aren’t more people taking advantage of it?

“The reason people aren’t going solar today is because they don’t have role models, where it’s still so sparse, there’s not a sense of oh, it’s common. It’s hard to say when the tipping point is going to be, it’s like the movement from the horseless carriage to the automobile. You know, cars were foreign, it was like, how can this possibly move without this horse. It’s going to be the same thing at some point. People aren’t going to talk about solar energy, it’s just going to be energy.”

Marketing Consultant and Jefferson County resident Sean O’Leary, says the numbers involving jobs in coal just don’t add up.

“From the time West Virginia hit its peak in employment in 1940 with about 130,000 jobs, we have dropped down to only about 19,000 jobs now,” explained O’Leary, “but in the meantime, the extraction of coal has actually increased. The bottom line is that employment in the coal industry has not ever, at least since 1929, been driven by the volume of coal that’s being extracted, and so consequently when politicians say that by defending the industry and increasing the…helping to increase the use of coal, they’re defending West Virginia jobs, it simply isn’t true.” 

The conversation about how the new EPA regulations will impact the country will continue at a public hearing in Washington DC on July 29th. The Sierra Club is sponsoring a bus to take Eastern Panhandle residents who are interested in attending.

Parties Agree to Resolve W.Va. Mine Runoff Lawsuit

 Environmentalists and a landowner have agreed to resolve a lawsuit over runoff from a reclaimed mountaintop removal mine in Mingo County.

Under a proposed consent decree, Hernshaw Partners LLC will apply for a permit from the West Virginia Department of Environmental Protection to cover selenium discharges from the former mine site.

The agreement was filed Monday in U.S. District Court in Charleston. If approved by the court, the consent decree would end when Hernshaw Partners obtains the permit, or 18 months following the consent decree’s effective date, whichever comes first.

The Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy and Sierra Club sued the company in 2013. The lawsuit alleged Hernshaw Partners discharged selenium from the site without a permit.

The Charleston Gazette reported the agreement on Wednesday.

Court: Mountaintop Removal Mines Polluted Streams

  A federal judge has ruled that two Alpha Natural Resources mountaintop removal mines in southern West Virginia illegally polluted streams.

U.S. District Judge Robert Chambers in Huntington ruled Wednesday that the Elk Run Coal and Alex Energy mines harmed aquatic life in Laurel Creek and Robinson Fork.

Chambers wrote it’s a “canary in the coal mine” that aquatic life diminished, as only pollution-tolerant species survived. Penalties are undetermined.

Environmental groups say it’s the first federal court ruling acknowledging damage from high conductivity discharges.

High conductivity might signal presence of pollutants including chloride, phosphate and nitrate. Mountaintop mines fill valleys with their waste.

The 2012 lawsuit by the Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy and Sierra Club cites the Clean Water Act and Surface Mining Control and Reclamation Act.

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