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Six hearings, in six Appalachian coal producing states, were held last week to determine the fate of Nationwide Permit 21. If this permitting process is suspended by the Army Corps of Engineers, coal companies seeking permits for mountaintop removal mining that include valley fills will be held to more rigorous standards, be scrutinized under individual review, and be subject to public hearings before being granted. The public was asked to come out and voice their concerns about the suspension or renewal of the permit, known as NWP 21. A panel of Army Corps representatives listened to politicians that came to stump, miners and contractors that came to fight what they see as outsiders taking their jobs, and environmentalists that came to fight for the health of the people and land of the coal field.
West Virginia, and Kentucky are covered in this blog post as well as Virginia. To see Virginia go below the fold.
Charleston, WV: October 13, Charleston Civic Center
Tensions in the heart of coal country ran to a boiling point when a large group of angry miners pushed anti-mountaintop removal activists against the side of a building. Vernon Haltom of Coal River Mountain Watch was on the receiving side of the fray:
Although a few other people and I were in line and had filled out the registration forms to give comments, the Charleston police made us go out of the building where we were surrounded by more thugs pushing against us, threatening our lives, and again hurling insults. Our group included an eighty-year-old woman enduring 300-pound thugs screaming obscenities within three feet of her ears. After 15 minutes or so of this shameful display, the Charleston police required us to leave. Because it was easier to control a group of 6 or 7 peaceful people than a mob of hundreds of violence prone thugs, and because the police did not want any of us or the police to get hurt, they escorted us off the premises. Essentially, police inability to control the mob resulted in our inability to give verbal comments...Our friends inside the hearing were able to give comments, but were drowned out by the mob. When they complained to the hearing moderators, they were told the clock was ticking. When they left, the police refused to escort the last small group to their vehicles, forcing them to run the gauntlet without protection. The police said, "You all knew what you were getting into; you're on your own," or a similar reply when asked for escort to cars.
During the hearing, the court reporter indicated many times that he could not hear the speakers. Minutes-long standing ovations were given after pro-mountaintop removal rhetoric was delivered, and no attempt was made by the Army Corps to stop the shouting. Julian Weldon Martin, a retired Mingo County, WV coal miner attempted to speak to the panel in favor of suspending NWP 21. He could not be heard over the insults and yelling. Discouraged, he attempted to leave the building, and was accosted and threatened by Friends of Coal. Read his full account.
Pikeville, KY: October 13, East Kentucky Expo Center
Doug Doerrfeld of Kentuckians for the Commonwealth struggled to be heard over the raucous yelling and insults from the pro-surface mining contingent. He told the Army Corps:
The permitting processes used in the past are not working to protect our water resources. In ignoring science, common sense and the law, the Corps of Engineers and EPA have failed in their responsibility to enforce the Clean Water Act and the people of Kentucky and Appalachia are paying the price in increased flooding and degraded water.Coal must be mined more responsibly. It is not necessary or just to destroy headwater streams to provide jobs for miners. Likewise, it is not necessary or just to require miners to work in hazardous conditions or endure unsafe levels of dust, whether they work in rock trucks or underground. All of these practices are cheaper for the coal industry, but they are not legal, they are not moral, and they will not be tolerated.
Pike Co. resident Vanessa Hall said:
It ain't easy being green in Pike County. I support this proposal by the Army Corps of Engineers to suspend the NWP 21 process. It is the least you can do to protect my water and my land. Fear tactics and intimidation have been used by absentee landowners and coal barons for years. They want to pit environmentalists against miners. I have been verbally accosted here tonight and told to get a real job. I resent that. I have worked in this county for years, and my forefathers fought in the American Revolution... It is not a question of jobs vs stream protection. I believe in jobs for everyone. But no company has a right to profit from destroying the water that we all depend on... I deserve clean water. Our citizens deserve clean water... I should be protected from dangers and abuse.
The atmosphere was slightly more subdued than the hearings in West Virginia and Kentucky, but still tense. After Charleston, certain individuals had chosen to be Peace Keepers, and circulated the crowd ready to step in if needed. Before the hearing I talked to John Adams, a Wise County coal miner for almost 40 years. He wore an 'I Love Mountains' pin proudly fastened next to the 'Friends of Coal' logo on the black t-shirt over his orange miner's stripes. After the angry altercations at the Charleston hearing, I was aprehensive, but Adams' friendly, lined face seemed approachable and kind and I asked if we could talk for a few minutes. "What, you wanna talk to a dirty ol' strip miner?" I stumbled, not knowing how to respond. "Nah, I'm just teasing ya treehugger," he said, "We're all friends here, and if I got a problem with my friend, I'm gonna sit down and talk to him about it. What do you wanna know?" Read the full interview with John Adams.
In the auditorium, The Friends of Coal far outnumbered the environmental contingent, and few were as respectful as Mr. Adams. Politicians were asked to address the Army Corps panel first, and VA Senator Phil Puckett whipped the pro-mountain top removal crowd into a frenzy. He raised his voice and his fist, hollering that "suspending NWP 21 will devastate our region... If you put before me whats important to our people here, I choose the jobs and what people need to provide a living for their families!" The crowd was standing and cheering before the speech even ended, waving black caps emblazoned with white "YES COAL" logos.
Though the USACE officer asked before the hearing that dignity and respect be shown for all speakers, the crowd was barely controlled throughout the five hour hearing. It took perhaps an hour, but the Lieutenant receiving public commentary eventually required a boisterous group within the pro-surface mining contingent - this group was shouting viciously and inappropriately over the voices of any speaker who called for an end to NWP21 - to be quiet.
It was heartening to see that the Corps gave every person who wished to speak the opportunity, and encouraged them to do so. Those who could not complete statements in three short minutes were offered the chance to leave any additional written material they had for further review. The entire audience was repeatedly reminded that commentary on NWP21 would continue to be received and considered until October 26, 2009. The Corps attempted to collect contact information from everyone in attendance, for the purpose of keeping attendees abreast of the issue in the future.
What's Next?
You would be hard pressed to find a person in attendance at any of the hearings who did not appreciate that the Corps made an effort to hear his or her comments regarding the permitting process. Time and again commentators on all sides of the issue began their statements with words such as "I'd like to first thank the Corps for being here to listen." Part of this gratitude extended from the fact that attendees were keenly aware that the Corps has the power to eliminate these permits without the input of those who will be affected.
Rather than acting with excessive presumption or haste, the Corps should be commended on this occasion for inviting dialogue, multiple perspectives, and a desire to understand the interests of all stakeholders into the decision making process. It is an ironic injustice that so many coalfield residents whose livelihoods are negatively impacted by mountaintop removal coal mining are not afforded the same opportunity because of the very permits coal companies are fighting to keep. If NWP21 is eliminated, mining companies will still be able to practice the devastating practice of mountaintop removal coal mining that is deteriorating Appalachian communities prospects of a well-deserved, healthy and prosperous future. However, the individual permit process will give those whose lives are affected greater opportunity to appeal to their fellow community members' and representatives' reason and humanity.
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