• WVEC's 17th Annual Fall Conference
• Drew Forrester Bestows Gift to WVEC
• News Briefs and Employment Opportunities
• Under the Dome
• The Real Friends of Coal
• DEP Watch . . .
• Circle the Wagons...or 'networking 101'
• Massey Energy Honors Environmental Award Winners
• Drew Forrester ~
• Forget Horsepower, Try Veggie Power

WVEC's 17th Annual Fall Conference

October 14th ~ October 16th ~ Camp Frame, Hedgesville WV

What could be more enticing than spending time this autumn in Berkeley county - especially when combined with the e-council's 17th annual fall conference!

Camp Frame in Hedgesville is the site for this year's gathering scheduled from Friday October 14 through Sunday October 16. We hope you are planning to break away from your usual routine and join us for a powerful conference - dedicated to strengthening our role in protecting the environment and sustainable economic development.

This is the first time since WVEC formed in 1989, that we have located our fall event in the eastern panhandle! I'm sure many of you remember "the garbage war" battles, particularly in the early 1990's against mega landfills. The struggle continues, and this beautiful area faces other challenges including urban sprawl. Hear more on these & other issues from around the state and beyond.

The weekend promises to inspire, educate and even renew your enthusiasm for working together towards a better future. Whether you are a long time member or just now getting to know us, you'll find many activities of interest to choose from. WVEC has worked carefully to create a balanced weekend to include a Saturday keynote address by Senator John Unger, Friday and Sunday presentations on alternative energy, numerous workshops, excursions, and a wonderful variety of booths throughout the entire weekend.

Regional and state-wide environmental groups, individuals, artists, and sustainable businesses are participating offering their particular area of expertise.

You won't regret leaving behind other obligations to be there - and besides, the fall foliage will be at its peak! We hope to see you at Camp Frame!

Denise Poole, WVEC President

Top 10 Reasons to Attend:

10) You can be among the most progressive community of enviros ever and be part of making this year the biggest & best conference ever.

9) You need to be updated on such issues as water quality & quantity, mountaintop removal mining, stream monitoring, campaign finance reform, WV's wilderness campaign, the bottle bill, urban sprawl, landfills, uses for herbs.....

8) You want to learn more about alternative fuels, and don't want to miss Bill McGlinchey's presentation on Friday or seeing Abe Mwaura's veggie powered car. (see pg. 7)

7) You've always intended to visit this region and take advantage of the mineral springs, spas, biking & hiking trails, lush scenery, historical landmarks - but never had a good excuse, until now!

6) You want to hear the latest on the effects of global climate change, air quality, dirty coal fired power plants - and learn more about sustainable energy in general, and know that Allan Tweddle and Jim Kotcon will be there to tell you.

5) You've been wondering, "What does the political landscape look like? Can I be a lobbyist? Could I run for office?"

4) You want to bring your musical instruments so you can play and sing timeless Dylan tunes around the campfire with others.

3) You want to hear Senator Unger's Saturday evening keynote address, and let him know how much you appreciate his hard work at the legislature.

2) You just need a boost that only connecting with other environmentally conscious folks can fulfill.

1) You are frustrated with the slow pace of change!

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Drew Forrester Bestows Gift to WVEC

This past year Drew Forrester, a long time social activist and e-council member passed away - bequeathing a very generous donation to us.

The WVEC Board of Directors decided to take this much needed and unexpected opportunity to honor Drew's vision and support our organization in a few fundamental ways. We hired three half-time contract staffers for a six month period: Chuck Wyrostok as Outreach Coordinator, Don Garvin as Legislative Coordinator, and Denise Poole as Program Coordinator. Don Alexander will continue as Website & E-mail listserve Coordinator. Our hope is to be able to make this gift work for us to sustain these efforts.

Drew bequeathed this same gift to other organizations in West Virginia including: The WV Highlands Conservancy, WV Citizen Action Group, and ACLU.

Please see this newsletter article to learn more about Drew's life and social activism.

News Briefs and Employment Opportunities

Gov. Joe Manchin
1900 Kanawha Boulevard, E.
Charleston, WV 25305.
1-888-438-2731
Governor@WVGov.org.

Update on Blair Mountain-Park Service Action and OVEC Lawsuit
The National Park Service has passed the Friends of the Mountains' nomination for Blair Mountain to be listed on National Register of Historic Places back to the state for more information. This is good news.

OVEC, Coal River Mountain Watch and the Appalachian Center for the Economy and the Environment filed a lawsuit challenging the U.S. Army Corps of Engineers permit that would allow a Massey Energy subsidiary to bury nearly 3 miles of streams at a mountaintop removal operation it wants to conduct near Blair Mountain. The Corps said the mining would "not significantly affect the quality of the human environment." Hence, the lawsuit. To read more: www.ohvec.org.

Take Action to Protect the Monongahela National Forest
The US Forest Service's official public comment period for their newly released draft plan ends on November 14th. This is our big chance to tell them we want Wilderness, clean water and wildlife habitat protected for all, including future generations, to enjoy. The Forest Service's Preferred Alternative (#2) threatens the future of the Mon's wild lands by rolling back protections for roadless areas and failing to recommend an adequate number of new wilderness areas. Only Alternative 3, with changes, goes the furthest in recommending new wilderness areas and protecting the Mon's remaining special wild places.

YOUR COMMENTS are crucial to the preservation of this jewel of nature.

Please take a moment to write your letter to the Forest Service and tell them you want them to keep the Mon wild. The public has 90 days to comment to the Forest Service. Please go to http://www.wvwild.org/mon_05.htm for an overview and talking points.

Employment Opportunity
Lobbyists: The West Virginia Environmental Council (WVEC) will have seasonal openings for full and part-time environmental lobbyists during the upcoming 2006 regular legislative session. Mid January through mid March. Call the WVEC office: (304) 346-5905 for more information and to see how to apply.

Employment Opportunity
Outreach Coordinator, Greenbrier River Watershed Association
Environmental organization seeks a leader to do community education, direct water monitoring program and recruit volunteers. This is an Americorps Vista position that will last at least one year. Please email grwa@peoplepc.com or phone 304-647-4792 for more information.

By Donald S. Garvin, Jr., WVEC Legislative Coordinator

Special Session Food Fight

September's Special Session of the WV Legislature resembled a scene right out of the movie "Animal House," a political food fight over how much to reduce the food tax.

Everyone got in on the act. The Governor and the Democrats threw the first bits of Jell-O, proposing to lower the sales tax on food from 6% to 5%. The Republicans hurled back gobs of mashed potatoes, proposing to eliminate the tax altogether, raising the question of just who is the "party of the people."

Then Massey's Don Blankenship (surely a true spokesman of the little guy) caucused with the Republicans, and tossed around a lot of non-food items like cow dung. What's he running for anyway? (I may be forced to change my first name!).

Finally, the WV Supreme Court arrived to mop up the scene.

In the end, the Governor got his way and the food tax was reduced to 5%, with no plan on how the state will make up for the loss of revenue.

But in the midst of all this mess, the Legislature did an uncharacteristically great thing - they passed landmark campaign finance legislation that makes West Virginia the first state to place a limit on contributions to "527" groups, groups that run sham issue ads that are actually campaign ads for or against political candidates.

Gazette reporter Scott Finn has dubbed these 527's as "shadowy organizations," but the shadow was cast by none other than that great humanitarian Don Blankenship when he used such ads to buy himself a Supreme Court justice in the last election.

The legislation passed by our legislators not only limits the amount of money that can be contributed to these groups, but also the timing and frequency of the ads, and requires full disclosure of who these groups are.

There is no doubt that Blankenship's actions were the impetus behind this bill. So perhaps we can thank him for something after all.

All the wrangling of the Special Session ran on and on, and forced the cancellation of the September Interim Legislative Committee meetings. Actually, that was of little consequence because the Interim Committees have been moving as slow as molasses. But that's about to change.

One finance subcommittee is charged with studying "actions that may be undertaken to ensure the competitiveness of West Virginia's coal industry." To saner folks this might be considered a bit unnecessary in light of the millions of dollars the federal Congress just doled out to the coal industry for "clean coal" technology projects. But we already know that this committee wants to lower coal severance taxes.

The Forest Management Review Commission wants to lower the timber severance tax and make sure that the US Forest Service sets aside a lot of trees for the timber industry to harvest in the Monongahela National Forest's management plan revision.

One judiciary subcommittee is about to consider a "bottle bill" requiring refundable deposits on beverage containers as well as legislation to implement stormwater regulations required under the federal Clean Water Act.

Then there's the Joint Legislative Rule-Making Review Committee that will begin to consider some of the proposed DEP rules for waste management and air pollution beginning at the October Interims.

So now is no time to relax our vigilance. The real legislative food fight for environmentalists is about to begin.

And now that fall has arrived, remember to keep your bird feeders full, so you can delight in a "food fight" of a much more appealing variety.

It's a jungle out there!

PERC-WV to Release Report on Industry Contributions to West Virginia Political Campaigns

The West Virginia People's Election Reform Coalition (PERC-WV), a joint project of the Ohio Valley Environmental Coalition (OVEC), WV-CAG and its sister organization, the Mountain State Education and Research Foundation (MSERF) is putting the finishing touches on a full-length report on coal industry involvement in West Virginia political campaigns. Using the 2004 data and data from previous election cycles, the coal report details the contributions coal interests have made from 1996 to 2004. The report also gives examples of favorable legislation and other perks that the industry has received during that time. We hope this in depth analysis will prove to be a powerful tool to help illustrate the influence the coal industry wields over our political process. If you are interested in a copy of the finished report, e-mail julie@wvcag.org.

PERC-WV is also working on its 2004 Election Cycle Report due to be released this fall. The report will provide a quantitative summary of campaign donations made to candidates for Governor, Supreme Court and the West Virginia Legislature during last year's election.

The West Virginia Department of Environmental Protection announced this week that it has FINALLY moved to the next phase of approving the list of streams that qualify for Tier 2.5 protection provided under WV's Antidegradation Implementation Rule. The Legislature passed the rule and approved the "presumptive list" of Tier 2.5 streams in 2001!

The original list of 444 streams was put out for public comment by landowners in early 2002. DEP says they received more than 4,000 objections to streams on the list (we know these were primarily form letters provided to landowners by the Farm Bureau).

According to DEP, 38 streams received no objections and automatically go to the final Tier 2.5 list, and they have removed 50 streams from the list "because the information used to list the streams was flawed."

DEP is now putting out the remaining list of 356 streams for additional consideration and public comment. Comments either supporting or refuting a stream's inclusion on the Tier 2.5 list must be made by Nov. 30. Comments on the draft list should be sent to the West Virginia Department of Environmental Protection, Attn: Tier 2.5, 601 57th St. S.E., Charleston, WV 25304. Written comments may also be sent by E-mail to antideg@wvdep.org.

The list of streams can be found online at www.wvdep.org/antideg, or by calling (800) 654-5227.

--

Under a draft TMDL clean up plan for the Coal River watershed released just this week by DEP, coal mining operations along the Coal River would need to cut their toxic metal discharges by nearly two-thirds in order to comply with WV water quality standards.

According to the draft plan, coal mines would need to eliminate nearly 2.5 million pounds per year of iron, aluminum and manganese that they pour annually into the Coal River and its tributaries.

DEP officials say that the state also needs to eliminate raw sewage discharges, reclaim abandoned coal mines and reduce runoff of contaminated sediment in the watershed.

Public comments to DEP on the TMDL plan must be received by October 17. More information can be found at DEP's website, www.wvdep.org.

--

Last week DEP held its first "Water Quality Standards" public meeting following the transfer of water quality rulemaking authority from EQB to DEP by the Legislature this year.

According to reports, DEP officials repeatedly told industry representatives at the meeting that agency personnel would NOT meet privately with them to discuss "the substance of changing a water quality standard." All those discussions would be held in open public meetings, DEP officials claimed. (Excuse our skepticism here, but we'll just have to wait and see!).

The big news is that DEP is now beginning the 2007 Triennial Review of state water quality standards as required under the federal Clean Water Act. The 2004 Triennial Review submitted by EQB was pretty much scuttled by the Legislature.

DEP officials said the agency is considering as part of the review new water quality standards for bacteria, mercury, and selenium, and might also examine the state's list of designated trout streams and a long list of pollutants for which the state's limits do not match those of the federal EPA.

Public comments on which standards should be considered in the Triennial Review must be received by DEP by October 14. More information is available on the DEP website at www.wvdep.org/wqstandards.

(Some of the information above is from articles by Gazette reporter Ken Ward, Jr., who does an excellent job of "watching" the DEP).

By Chuck Wyrostok, Outreach Coordinator (wyro@appalight.com)

Just like in the lawless old West, it's become time to "circle the wagons". These are special times in our land, and people who believe in the common good for all must step up and build our circle outward. We're dealing with the forces of darkness here, make no mistake. Powerful businesses hold sway and many times they have no problem saying "if people get hurt, well, that's the price of progress." Amazing. Like their families don't get mercury poisoning?

The Legislature usually goes along with this business 'creed'. Big business finances much of their election campaigns. But, ultimately, it's the voter that counts.

Almost any elected official will candidly tell you that the one constant, over-riding priority they have is getting re-elected. Forget the rest of the bull, "getting back in" is it. Consequently, they DO pay attention to the voters in their districts.....all year long. That's where you come in.

These voters are your neighbors and the folks in your county. Each of you intimately know the community you're living in - way better than we do. You know the people you can depend on. That's why we need your help to build a grassroots corps of people for the common good that state senators and delegates cannot ignore. This corps must be willing to consistently take the time to make calls and write letters-to-the-editor (LTE's) to the county paper. LTE's are one of the best, cheapest, most widely-read advocacy tools we have.

These grassroots circles connect everyone in a common bond and it nurtures and grows our strength. The political climate is shifting. People you know, who before were only annoyed, are now pissed off. Tell them about the circle. Get them involved. Get them onto WVEC's Action Alert Network. Start a writers' roster for a letters-to-the-editor campaign. Begin the dialogue. Talk to them. Call us. We can help you get started.

We aim to make constituency-building one of our main focuses over the next few months. Help us do that. We don't have the big money. We have the ultimate power, though...the vote.

One last note...much of what we're accomplishing this year is due to the generosity of a guy I met too briefly during a stay on the Outer Banks in North Carolina a couple of years ago. Drew Forrester firmly believed that ordinary people could make positive change (see Mark Blumenstein's article). He's gone now, his life eclipsed too soon.

Please help honor Drew's gift to all of us by making grassroots a reality in your neck of the woods. This is a only a first step in building our circle outwards. Only you can do this. Let the dialogue begin.

Massey Energy Honors Environmental Award Winners

With environmental award winners like these.

By Vivian Stockman, OVEC

June 21, 2005: Massey honored the winner of its first annual Green Miner Award for calendar year 2004 at a banquet in Charleston, W.Va.

"The Green Miner Award will be awarded each year to the Massey group with the best environmental performance," said Don Blankenship, Massey's CEO.

Massey subsidiary Sidney Coal Company, located in Sidney, KY won for 2004. The company's Long Fork Mining Co. was proclaimed Best Preparation Plant. (Any guesses on which plant will receive that "award" for 2005?)

June 29: Long Fork spewed blackwater into a tributary of Big Creek, which flows into the Tug River.

July 7: Ditto the above. A similar "spill" had also occurred at Long Fork on Feb. 28.

July 12: Sidney's Coal released blackwater spill into Big Creek, killing fish along a three-mile stretch.

July 31: The Kentucky Division of Water issued citations to Sidney and to Long Fork for allowing blackwater from coal processing plants to escape into streams. Sidney was charged with failing to report the spill, degrading the stream, creating an environmental emergency and violating its state-issued pollution discharge permit. Long Fork was charged with failing to report the spills, degrading the stream and violating its pollution discharge permit.

Oh yeah. On Feb. 13, 2004, The Charleston Gazette reported that Massey Sidney's facility could face fines of up to $40 million in a lawsuit that alleged more than 100 violations of both the daily and monthly limits for the discharge of solids from three Sidney Coal permits along Big Creek.

James Earl Evans of Hatfield, KY, sued Sidney Coal after repeated blackwater spills by the company fouled Big Creek, a Tug Fork tributary that flows through his property.

Overall, the violations, based on reports Sidney Coal files with Kentucky regulators, total 1,971 days of non-compliance since January 2000, the lawsuit alleges.

With environmental award winners like these, we can retire the word polluter.

He Was There For E-Council In The Past, There For Us Today, And With Your Help ... Perhaps The Future

By Mark Blumenstein

There are many traits in people who support causes like ours that are trying to make a difference. Some people loudly wave their hands and proclaim that they are there for what we're doing. Some will send a check, while others will actually come to rallies and events as well as dig deep into their pockets. It is rare that one does all of the above and in his final days realizes that what we are doing is very special and that he wants to contribute even after his body can no longer be counted present with the rest of the faithful.

Drew Forrester was that kind of guy. He was subtle and interesting. He was low-key but a person of conviction and presence. He would show up if possible and took great care to support causes that helped his fellow West Virginians.

When it was time for Drew to do his final planning for his early departure from this life, he did it in detail. From creating posters of pictures of his life by decade, to planning the catering of his memorial service, Drew planned and paid for it all in advance. And so it was with his dedication to the Environment.

Drew left the E-Council a gift that will make a difference . . . a monetary gift that is now being put to great use to further the cause by helping to fund new positions, purchase office supplies, and work in so many other ways. This will help the E-Council continue in its quest to fight for WV and a cleaner environment.

The gift speaks to how important the work of the E-Council was to Drew and how much he wanted to help his beloved State of West Virginia. We also understand that Drew left gifts to two other groups fighting for clean government and the environment. Making you aware of Drew's gift will hopefully help you understand how much the E-Council meant to him.

Perhaps it means a lot to you. Perhaps you would like to help as did Drew, finding it in your heart to think beyond today and help plan for a better tomorrow. This is a truth that will carry Drew's memory on, and it can be one for you as well.

Remember Drew, and remember the E-Council and know we will be there for you if you are there for us.

G. Drew Forrester
G. Drew Forrester, born Sept. 5, 1952, in Pittsburgh, PA, died of cancer on Monday, June 21, 2004, in his home in Martinsburg.

Mr. Forrester was a resident of and property owner in Greenbrier County from 1974 to 2001. He was employed at different times by several Greenbrier County social service agencies, including the Greenbrier Valley Mental Health Clinic, Seneca Mental Health/Mental Retardation Council, Greenbrier Center, and VOCA Corporation of WV. He also started, owned, and operated his own business, Spectrum Services, and its subsidiaries, Olde Towne Chimney Sweeps and Custom Improvements.

Mr. Forrester served on the Board of Directors of the Greenbrier Council on Alcoholism and Drug Abuse, the Family Refuge Center, the Litter Control Coalition of Greenbrier County, and the Greenbrier River Planning Council. He was a volunteer actor with both the Greenbrier Valley Theatre and Carnegie Hall, was a member of The Men of Greenbrier, and umpired for Little League Baseball for three years.

By Scott Wartman, staff writer

Reprinted from The Herald-Dispatch, July 20, 2005

Filling the tank on Abe Mwaura's Volkswagon Jetta involves a trip to a restaurant - preferably a greasy restaurant. His car craves vegetable oil rather than gas to run.

Abe Mwaura of Huntington and his brother, Jesse, spent a day in December 2004 converting his diesel engine to run on vegetable oil by installing $300 worth of equipment that includes a filter, a fuel selector and tank for the vegetable oil.

The conversion has meant significant savings for Mwaura, upwards to $1,500 a year in fuel costs. Mwaura gets his vegetable oil free from restaurants and only buys diesel fuel every 3,500 to 5,000 miles. The car uses diesel only to start the engine, Mwaura said.

A concern for the environment and a need to reduce his exorbitant gas costs prompted Mwaura to convert his diesel engine to a vegetable oil engine.

As a community organizer for the Ohio Valley Environmental Coalition, Mwaura travels all over the country in his car and needed to find a way to reduce his costs. Since December, he has put 20,000 miles on his veggie-powered car.

Mwaura said he faced many skeptics when he set out to convert his car. He bought his diesel engine car in 2004 knowing he wanted to convert it to run on veggie oil, he said. Only diesel engines can be converted to run on vegetable oil.

"When I pulled up in my veggie car running on veggie oil, they were astonished," Mwaura said. "I'm not tired of talking about it. I am jazzed that I drive on veggie oil. I get on the highway and pass cars. It feels good I am not using harmful oil when I pass SUVs on the highway."

Mwaura said he also hopes his veggie-powered car sends a message. The car proves transportation doesn't have to rely on fossil fuels, he said. Environmental and social issues have concerned Mwaura since childhood. Mwaura attributes his parents for instilling a social consciousness in him, and he carries out his passion as an OVEC organizer.

"I bought the car because I knew I was going to convert it. It is a political statement that there are alternatives out there," Mwaura said. "We never have to say we need fossil fuels."

** Note: Abe's veggie car will be at the WVEC Fall Conference October 14-16.