balancing the scales - december 2009

balancing the scales Volume 28 Number 8 December 17, 2009

Go tell it on the mountain

Inside...• Singing for Democracy lifts spirits and awareness

• “Who Pays?” A report about Kentucky’s tax structure

• KFTC members continue to pressure PSC over coal-burning power plant permit

• KFTC exceeds grassroots fundraising goal of $240,000; Jefferson County chapter hosts a record breaking event

• Elmer Lloyd finally wins over Nally and Hamilton coal company

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KFTC member McKinley Sumner speaks with filmmakers about how his land was stolen by a coal company

balancing the scales, December 17, 2009Page �

Message from the Chair Kentuckians For The Commonwealth

is a statewide grassroots social justice organization working for a new balance of power and a just society. KFTC uses directaction organizing to accomplish the following goals:

• foster democratic values• change unjust institutions• empower individuals• overcome racism and other discrimination• communicate a message of what is possible• build the organization• help people participate• win issues that affect the common welfare• have fun

KFTC membership dues are $15 to $50 per year, based on ability to pay. No one is denied membership because of inability to pay. Membership is open to anyone who is committed to equality, democracy and nonviolent change.

KFTC Steering Committee

K.A. Owens, ChairpersonSteve Boyce, Vice-Chairperson

Pam Maggard, Secretary-TreasurerDoug Doerrfeld, Immediate Past Chair

Susan Williams, At-Large Member

Chapter RepresentativesDana BeasleyBrown (Bowling Green)

Jerry Moody (Central Kentucky)Rick Handshoe (Floyd) Carl Shoupe (Harlan)

Becki Winchel (Jefferson)Cari Moore (Knott)

Patty Amburgey (Letcher)Becca Parrish (Madison)

Randy Moon (Perry)Vanessa Hall (Pike)

Sue Tallichet (Rowan)

Alternates: Donna Aros, Matt Heil, Bev May, Stanley Sturgill, Martha Flack, Bobby Hicks, Jeff Chapman Crane, Ray Arnold, Truman Hurt, Erica Urias, Ted Withrow

Kentuckians For The CommonwealthP.O. Box 1450

London, Kentucky 4074314506068782161 Fax: 606878[email protected] www.kftc.org

balancing the scales is published by Kentuckians For The Commonwealth and mailed third class from Lexington, Kentucky. Reader contributions and letters to the editor should be sent to 250 Southland Drive Suite #4, Lexington, KY. 40503 or [email protected]. Subscriptions are $20 per year.

Cover Photo: KFTC member McKinley Sumner speaks with filmmakers about how his land was stolen by a coal company.

Table of Contents

2009 has been an importantyear for the country and animportant year for KFTC. Thespiritofourorganizationgrowsbyleapsandboundseveryyearalongwiththesizeofourorga-nization.

Justaveryfewofthehighlightsof2009are:

• The tremendous jobAshley Judd, Randy Wilson,Willa Johnson, Emily Gillespie, Silas House Sen.KathyStein,U.S.Rep.JohnYarmuthTeriBlantonand musicians Daniel Martin Moore, Ben Sollee,PublicOutcryandtheReelWorldStringBanddidforusasguestspeakersonILoveMountainsDayinFrankfort.

• KFTC members participated in Power Shift andCapitolClimateActioninWashington,D.C.

• KFTC’sCanaryprojectmembersattendednumer-ous mountaintop removal actions in neighboringstates.

• KFTC’sHighRoadInitiativeworkonAppalachianTransition.

• The Restoration of Voting Rights Bill passed thestate House of Representatives due to the hard

workofKFTCandallies.• The grassroots organizing around restoration of

votingrightsworkinScottCounty,byKFTCmem-bers.

• Ourgrassrootsfundraisinggoalof$240,000beingmet!

• Nationwide Permit 21 hearing in Pikeville, wellattendedbyKFTCmembers,manyofwhomspokeinfrontofalargecrowdinopposition.

• Ourlocalchaptersgrowingandprovidingastrongbasefortheorganization.

• And of course, another outstanding and well at-tendedKFTCAnnualMeeting.

The events of 2009 have made it more and moreclearthatKFTCisoneofthefeworganizationsthatisready,willingandabletochallengethepsychologicalinertia in Frankfort and break the governmental logjamthatexistsinKentucky. Ithasbeengreatworkingwithyouin2009.Ilookforwardtoworkingwithallofyouin2010.

Enjoytheholidayswithyourfamilies.

Sincerely,K.A.OwensKFTCChairperson

your LettersThe personal effects disenfranchisement; government protects elsewhere, destroys here page 3

Local UpdatesHarlan County members organize around local mining permits page 4Floyd County members celebrate local victories and local hero page 5After three years Elmer Lloyd gets settlement from Nally and Hamilton page 6Madison members talk with state representative page 17

grassroots fundraising: a record breaking year page 8

economic Justice: report documents flaws in Kentucky’s tax structure page 9

Canary ProjectCanary Leadership Network reviews a year of action page 10Local and National religious leaders view mountaintop removal page 12

rural electric Cooperative UpdateKentucky PSC asked to revoke permit for coal-burning power plant page 14

High road initiative: New alliance will help bring sustainable energy to Kentucky page 15

Voting rights: Singing for Democracy event lifts spirits and awareness page 16 organizational News: Steering Committee evaluates 2009 and looks ahead to 2010 page 18

KftC Calendar of events page 19

balancing the scales, December 17, 2009 Page �

The personal effects of former felon disenfranchisement

e-mail any staff member at [email protected] except for Jessica Hays use [email protected]

KFTC Offices and Staff

LouisvilleJessica George,

Jerry Hardt, Colette Henderson,

Shameka ParrishWright and Nancy Reinhart901 Franklin StreetLouisville, Ky 40206

5025893188

BereaLisa Abbott, Amy Hogg,

Carissa Lenfert,Sara Pennington Kevin Pentz, and Martin Richards

435R Chestnut St, #2Berea, Kentucky 40403

8599861277

BereaTeri Blanton

118 Baugh StreetBerea, Ky. 40403

8599861648

Central KentuckyTim Buckingham,

Jessica Hays, Erik Hungerbuhler,

Heather Roe Mahoney, Dave Newton

and Ondine Quinn250 Plaza Drive, Suite #4

Lexington, Ky 405038592760563

WhitesburgColleen Unroe

and Patty TarquinoP.O. Box 463

Whitesburg, Ky 418586066320051

Floyd CountyBrittany Combs

Floyd County, Ky.6064220100

MAIN OFFICEMorgan Brown, Robin Daugherty

& Burt LauderdaleP.O. Box 1450

London, Kentucky 407436068782161

Fax: 606878[email protected]

FIELD OFFICES

Letters to the Editor

DearEditor, MynameisTravisBurtonandIamfromHazardin Perry County. In 2001 I was convicted of trafficking acontrolledsubstance,afelonyconviction.Asaresult,manyofmyrightsweretakenaway. There are different classes of felonies and mycharge isoneof the leastsevere. Iwasputonproba-tion.Mostconvictedfelonsaren’tcareercriminalsandmanyhaven’tbeentoprison.Mycrimedidn’tinvolvea firearm; still I’m not allowed to own a gun. I don’t feel Ineedagun,butIdoliketohunt.Iwasraisedinthemountains. Iwatchthenewsandfollowcurrentevents. IamacompassionateandconcernedAmerican.Icarewhosupportsourvoiceandhaveanopinionaboutwhatis-suesneedattention,yetIcan’tvote. Idon’tseethelogicbehindtakingthevoicefromagroupofpeople thatarealreadyatadisadvantage.I thought one of the main premises in a democracywasequalrights.Ihaveservedmysentence.Myvoteshouldcount. Mostanyoneaskedwilladmitthisisaninjustice.

Felonsarecitizens,right?I’mnotaskingforjustice—Iwasguilty—Ijustwantmercy.Iwouldweathertwiceasentencetonotbelabeledaconvictedfelon.Idon’tbelieve that a murderer should be allowed to have agunorasexoffendershouldremainanonymous,butthesystemshouldbemorequalitative. IoncehadamoreinnocentandtrustingnaturebutaftersuchanordealandInearlylostmyfaithforasys-tem.Ithoughtithadturneditsbackonme.Afterbeinghandedsuchablowittooktimeformyhardenedhearttosoftenagain. Ihave lostmyresentmentandwant tobehappyanddowellinlife.Iamagainovercomewithpassionanddrive,butI’maimedatanimpenetrablebrickwall.I’mawareharshpenaltiesdetourcrime,butIthoughtthejusticesystemwasarehabilitatingprocess,notoneofinsolenceandoppression. Mydreamsofbeingacollegeprofessornowseemdistant, but I would like to finish college. I love to read andhaveapassionforwriting.Iamcurrentlywritinganovelandwouldliketobeafrequentcontributortoa localpaper. It isaworkinprogress. Imaynotbea

famous novelist; I am not under any illusions. It may be apipedream,butIdon’twantmyeffortstobeinvain. Iwanttobettermylife.Itisaroughroadbeingaconvictedfelonanditisnotpaved.Iwouldliketohavemy rights back. It is hard to sustain confidence when I don’thaveavoiceorthesameopportunityanyoneelsehas. IwaspleasedtoseeabillwaspassedintheHouseto help restore voting rights and hope it will be ad-dressedequally in theSenate.Kentucky isoneof thelast states to restore voting after sentences are com-pleted.Thissoundslikeaviolationofthe14thamend-ment.

TravisBurtonPerryCounty,Kentucky

U.S. government paying to protect resources in Africa, but promoting destruction in AppalachiaDearEditor, IwasaPeaceCorpvolunteerinWestAfrica.IwasinaprogramcalledNaturalResourcesManagement.IsawmillionsinAmericantaxdollarsgoingtoteachingpeopleerosioncontrolmeasures.Isawmillionsgotoreplantingforest,showingpeoplehowimportantitistoprotectyourhighlandwatersources.Ihelpedestab-lishing riparian zones above springs. We built earthbermstocontrolerosionsonslopes Iwaspaid inAmericantaxdollars toplant thou-sands of trees. We filled huge eroded slopes with chain linkfenceandboulders.FirstIwasonloantotheWorldBank–thentoU.S.AID[AgencyforInternationalDe-velopment].IlivedwiththeFulanipeople. ThenwhenIcamebackIsignedupforanAmeri-CorptourinCalifornia.IdidChinookHabitatrestora-tionforayear. Ihikedmilesofstream,plantedtrees,checked thousands of culverts, did slope and hingecalculations and was financed by the American gov-ernment. I was trained and put to work protectingCalifornia’shighlandwatersheds. ThenIcamehometotheAppalachians,whichmyfamilyhascalledhomeforoversixgenerations. And I saw agencies like OSM [U.S. Office of Sur-face Mining] and others allowing absolute destruc-tion of the highland watersheds that I had helped

theAmericangovernmentspendmillionsin a Third World country to make sure they would never dothat. I saw the state of California spending millions toprotecttheirhighlandwatershedsaswell.It’samatterofplaincommonsensetoprotectyourhighlandwater-sheds. ThenIcomehomeandIseemountainscompletelyscraped, blown up – and the watersheds being com-pletelyannihilated. “Chris,” my grandmother used to tell me, “theAppalachiansarethe4thworld.Wegetallthedestruc-tivecrappyindustriesthattheydon’twantanywhereelse.” Thiswas froma4thgenerationAppalachian farmgirl. AndIhaveseenwithmyowneyesthatitistrue.WearenottheThirdWorld–theAppalachiansaretheFourthWorld.Stupidpractices,whichIhaveseenourgovernment spend money to fight, with my own eyes inAfrica,areallowed,evenfacilitated,bytheAmericangovernmentinmyownmountains. WearenottheThirdWorld–wearetheFourth.

ChrisIrwinKnoxville,Tennessee


Builds support for KFTC and Commu-nity Farm Alliance

A ro u n d 2 0 p e o p l e –– farmers, local businessowners, potters, parents andartists – from Washington,Nelson and Marion countiesgathered at the Valley HillGeneral Store to share greatfood,swapstoriesaboutwa-ter,farming,andbudgetcuts,andkickoffsomelocalorga-nizingforabetterKentucky. Washington Countymember Albert Bauman or-ganizedthejointfriend-raiserwith KFTC and CommunityFarm Alliance. The groupdecidedtomeetmonthly,setsomegoals,andlearnwaystoworktogetheronstatepolicies. “Whenyousitdownandsharesomefoodwithpeople,itbecomesmucheasiertothinkaboutwhatwecandowhenweallworktogether.It’sjustagoodthing.Ithinkthenightwasagreatsuccess.I’mexcitedtoseewhatwe’reabletodo,”saidBauman.

Local UpdatesHarlan County members organize around local mining permits A proposed deep mine expansionthat would allow a coal company tomine underneath water source sup-pliesandhomesinseveralcommunitieshas raised citizen concerns and movedmanyresidentstotakeactioninHarlanandLetchercounties. Harlan Reclamation Corporationhas applied for an additional 11,212acresofdeepmining.Thisproposedad-ditionmayimpactresidentsinCollier’sCreek, Lewis Creek, Partridge, andLynch. Thirty-five residents recently partic-ipatedinapermitconferencetoexpresstheir concerns about the proposal. Theprimary concern for most people washow this proposal would impact theirwater. They seek a modification of the miningplantoensurethatitisdonere-sponsibly,anditdoesnotthreatentheirqualityoflifeandpropertyvalues. InthecaseofLewisCreekandCol-lier’s Creek, mining would take placeunder 50 houses. These householdshavewellsastheironlydrinkingwatersource.

Therehavebeenpreviouseffortstogetwater linestothecommunities,butboth Cumberland and Big Stone Gapwater districts currently have not pur-suedthisoption.Anumberofresidentsalready have poor water quality, andtheydon’twantittogetworse. “They are going right under myhouse,”saidJudyMcKnight,ofCollier’sCreek. “I’ve had two failed wells al-ready. They did a survey on my thirdwell recently, and they said the waterwasn’tworthanything. Ihave tobringmy drinking water in. I have floors and doorsthathavebeendamagedbyblast-ing that no one will fix. My husband, mother and many others up in thiscreek, from Eolia down, have passedawayorbeensick.We’reworriedaboutourhealthdrinking thisbadwater.Wecan’tliveupinherewithoutwater.” Residents in Lynch also expressedaconcernaboutwater.Thecurrentpro-posal goes underneath Looney Creekandlessthan400feetfromthecity’sres-ervoir.Thecreekfeedsintothereservoirandservesmanypeople’swaterneeds.

“What’s more important, coal orwater?” Bennie Massey, a Lynch CityCouncilandKFTCmemberasked. “We have coal all over HarlanCounty. We don’t have to disturb thiswater. We can protect our water andthat’swhatweareallherefor.Weneedanswersbeforethispermitisgranted.” Residents of Lynch requested a1,000-footbufferzonearoundthewatersourceandreservoirtoensureitsprotec-

tion. TheKentuckyDivisionofMinePer-mits granted a request for a two-weekextensiononthepubliccomment,whichenabled additional residents and theKentucky Resources Council to submitinformation. Residents will continue to raiseconcernsaboutthethreattocleanwaterandtoexploreoptionstosupportpeoplewholackit.

Harlan County residents examine mining maps for a proposed deep mine that would threaten their community water supply.

In an effort to broaden the scopeofthePerryCountychapter,memberswill be focusing more on outreacharoundthevotingrightscampaignandoptions for economic alternatives ineasternKentucky. Over the last year, Senator Bran-don Smith has shifted his position insupport of restoring voting rights toformer felons who have served theirdebttosociety(withafewexceptions).KFTC members plan to reach out topotentialallies tostrengthenthatsup-port leading into the 2010 legislativesession. Chapter members also plan toexplore outreach around energy ef-ficiency within the community. This is an area where people can find common

groundtocreatejobsandsavemoney.Thisoutreachwill involvelocalwork-shops and other efforts to spread thewordwithinthecommunity. “I think saving energy is whereit’s at. People are interested in savingmoney,andwhenweareable to starttheconversationwiththat,itwillopenthedoorfortalkaboutotheraspectsofenergy,” said Perry County memberTrumanHurt. Chapter members continue to beinvolvedintherangeofstatewidecam-paigns, including organizing aroundmountaintopremovalandsupportformine safety, including federal initia-tives to enforce Black Lung laws andeventually eliminate the occupationaldisease.

Perry County members strategize for chapter growth in the new year

Partnership with farmers advances organizing in south central Kentucky

Dave and Holly Zoeller, new members of KFTC, co-hosted the friend raiser at their Valley Hill General Store. On Bloomfield Road in Washing-ton County, the General Store sells locally-pro-duced arts and crafts, groceries, and goldfish.

Visit www.KFTC.org/blog


Local UpdatesFloyd County members celebrate local victories and local hero ThecommunityofSteven’sBranchnearMartin inFloydCountyhashadanumberoftragiceventsinthepastsev-eralmonthsrelatedtothesurfaceminingintheircommunity. Many may remember the incidentwhere a 5-foot bolder crashed into thehome of Billy and Eileen Tussey earlierthis sum-mer. Noteven twomonthslat-er anotherflyrock in-cident oc-curred.Ef-fie Hughes, a m e m -ber of theS t e v e n ’ sBranch community found a rock aboutthesizeofasoccerballinherroof. Many other community membershave been affected by the mining indifferentways.TheOusley family,whowere the original heirs to the land thatis now being mined, feel as though theproperty was basically stolen by thecompanyfromtheirfamily. Thecompanyusedwhat isreferredtoasa“forceofsale”toobtaintheland. Many other community membersare concerned about the hard blastingthatoccursdailyevenafterthecompanywas fined $10,000 for the first flyrock incident.Thecompanyalsohasreleasedblackwaterintoanearbycreekandstillcontinuestominecarelesslyinthecom-munity. FolksinSteven’sBranchhavestartedorganizing,holdingtwomeetingssofarwith about 10-15 people in attendance.At the second meeting the communityidentified a large list of things that they would like to see changed and thendetermined next steps. One of the nextsteps identified was to request a meet-ing with the Prestonsburg office of the Department of Mine Reclamation andEnforcement to express their concernsand needs around enforcement of thelaw. The community of Steven’s Branchisorganizingfastandstrongandareex-citedtobecomeapartofanevenlargermovement across the state, and alsoto reach out to others in Floyd Countywho are dealing with related problemsaroundmountaintopremovalcoalmin-

ing. Oneofthoseneighboringcommuni-ties is Wayland, where residents haveorganized for several months and finally reached the point of celebrating somevictories. Although the struggles havenotbeenwoncompletely, folks inWay-landarebeginningtoseetheirhardwork

anddedicationpayoff. Thecommunityheldapublichear-ingearlythissummertobringattentionto problematic waster discharges fromanabandonedmine.MemberSusieMillscalled the state Division ofAbandonedMine Lands (AML) recently and wasassuredthatasolutionisinthedevelop-mentandengineeringstagesandwillbeunderwayinthecomingmonths. During the public hearing andthrough many meetings with the Way-land City Council, another reoccurringwaterproblemwasthecity’sownwaterdrainageissues. ThedrainsystemsinWaylandwereoldandhadnotbeenadequatelymain-tained, and water could not properlydrain.Thisproblem leftwater standingin the streets, which would freeze tosheetsoficeduringthewinter. Afterthepublichearingwithcountyofficials and state elected leaders, a proj-ectstartedjustweeksafterthehearingtofix the drainage problem. City government worked alongsidethe county government with U.S. Rep.Hal Rogers’ office to locate funds to re-placethedrainsystemsinWaylandwithnewones. AfterreceivingthegoodnewsabouttheAMLprojectalongwiththereplace-ment of the city drains, Wayland resi-dentsreceivedanotherbitofgoodnewsat themost recent city councilmeeting.The city council will fix the broken and insomecasesnon-existentsidewalksinthecommunity. Sidewalkshavebeenoneofthema-

jor concerns of citizenssince they first started or-ganizinginMay.Thecityestimates that theprojectwill cost around $60,000tocompleteandissearch-ing for grants and otherfinancial means. When members first wenttothecouncilmeet-ing and asked about re-placing sidewalks theywere greeted with anexcusethatitwouldhavetobeleftuptothecitizensto fix the sidewalks that border their property ontheirown. Withalittlepersever-ance the community hasmade headway with thecouncil around this con-cern. Citizens have beenveryawareofthechangestheyareseeingasadirectresultoftheorganizinginthecommunity. In the very first com-munity meeting mem-bersmadealistofthingsthey wanted to be fixed or changed in Wayland.Theycannowbeproudtocrossoffthreeof the five major concerns and call them victories!

***** The community of Wayland helda dinner for a returning solider namedCharlesBentleywhowasinjuredinAf-ghanistan. The community wanted towelcomeBentleyhomewithsomegoodcountry fixin’s to show him their appre-ciationforhisserviceforthecommunityandfortheUnitedStates. Thecommunityshoweditsgratitudeby preparing a potluck dinner, whichincludedseveralentreesandmanydes-serts.Nearly30peoplewithinthecom-munity came and the evening was filled with laughter and good conversation.Mills said some kind and empoweringwordsaboutcomingtogetherasacom-munitytocelebratethecominghomeofBentley.

“We may not always agree on everything, but as a community we can all agree that we should show appreciation to those who do their country a service.”

Ed Lake

The local citizens group wantedthose in the community who had notbeenapartoftheorganizingtoseethatthey were a group who were not justworking on problems but a group ofneighbors who care about one anotherandwantWaylandtobeabetterplacetolive. “We may not always agree on ev-erything,butasacommunitywecanallagreethatweshouldshowappreciationtothosewhodotheircountryaservice,”saidEdLake. ThedinnerwasahugesuccessandBentley said that he was glad to seegoodchangehappeninginWaylandandwouldbeexcitedtoseemorechangebythenexttimethathegetstocomehome. “Thisisthetypeofthingthatneedstohappeneverymonthorso,justevery-onegettingtogetherandhavingagoodmeal,”saidPhyllisLake.

Floyd County Chapter Meeting: Second Monday of every month 7 p.m. Martha Catholic Church in Prestonsburg

Charles Bentley led the line at a potluck held in his honor to celebrate his service in the Armed Forces. Community members sponsored the celebration.


Recruit One New Member and Help KFTC Grow To Be 25,000 Strong!

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Suggested membership dues are $15-$50 annually.____ One-time Gift: Amount $_________________ Pledger: I will contribute $___ every (check one): __ Month __ 6 Months __Quarterly __Annually

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For bank drafts, return this form with a voided check from the account you wish to have the withdrawal made. For checks, please make payable to KFTC or the Kentucky Coalition and mail to: KFTC • P.O. Box 1450 • London, Ky. 40743-1450.

Local UpdatesAfter three years Elmer Lloyd gets settlement from Nally and Hamilton After three long years, Nally andHamilton coal company was finallyordered to accept responsibility fordestroying Elmer Lloyd Jr.’s fish pond. The company’s strip mining aboveBrenda and Elmer Lloyds’ home hadcausedthedamage. In 1993, Lloyd built a pond for hisfamily and friends to enjoy. Their chil-drenandgrandchildrenwouldcampbythepondbehindtheirhomeinthecom-munityofBlairinHarlanCounty.Lloydwould go out every morning with hiscup of coffee and feed the fish. A fresh waterspringfromthehollowabovehishouseprovidedcleanwatertotheone-thirdacre,eleven-footdeeppond. Thepondhadagoodsolidbottom. In 2006, the company’s sedimentpond at the bottom of a valley fill failed multiple times releasing mud intoLloyd’s pond. The company had putchemicals into itspond toget themudto settle to the bottom; this resulted in killing all of the fish in Lloyd’s pond. The company said that it wouldbewilling todipout thesediment thathadcollected toaddress theviolations.Lloyd felt like the company tried topressure him to sign release forms byusing bad language and implying thathehadtosignoffonthisapproach.Yet

the Department of Fish and Wildlifeindicatedthatdippingouttheproblemwould only be a temporary fix without a newsourceofwater. Another incident resulted in minerunoff that flooded several nearbyresidents’ properties and polluted theCumberland River. Two of the sedi-mentpondsonthisstrip-mineoperation

causedthissituationandresultedinad-ditionalviolations. “IfIhadknowntherewasgoingtobeastripmine,Ineverwouldhavebuiltit,” Lloyd reflected. The company also tried to get outof accountability by questioning theownership of the property. Lloyd hadbeenpayingtaxesonthelandsincehisfamilymovedthere in1982. Theyhadto go back and forth with the adjacentpropertyownertoprovethatheowned

hisownland. “They knew that it was my prop-erty,buttheywerejusttryingtogetmetoback-off,”Lloydsaid. Prior toworkingwithKFTCLloydhad tried unsuccessfully to get Nallyand Hamilton to look at the damageit had caused. After the county news-paper got involved, both the company

andthestatetooknotice.Inadditiontonewscoverage,asix-minutevideothathas been viewed by many people wascreatedaboutLloyd’spond. The Kentucky Resources Councilprovided Lloyd with legal representa-tion. Tom FitzGerald invested a lot oftime working to counter some of thecompany’s attempts to get out of legalresponsibility. In theend thestateminingagencyordered the company to restore the

pond.Thisdecisionhelpedaddresstheproblem. The company paid Lloyd torestorethepondhimself. “Iftheyhadanycaretheywouldn’thavedoneittobeginwith,”Lloydsaid.“But since they ended up causing thedamage, they should have just fixed theprobleminsteadofspendingallthistimetryingtogetoutofit. “If there were more laws, therecouldbemorewaystohelpthepeople.It’s left up to the individual to collectdamages from the destruction and 90percentofthepeoplearen’tgoingtodoitbecausetheyareeitherscaredorcan’taffordto. “Whentheydamageyou,don’tgiveup because they expect people will getscared and give up. You should workwith a group of people like KFTC be-causemorethanonecanmakeadiffer-ence in the outcome. If you don’t quitfighting your situation, most likely you’ll eventuallywin,”Lloydconcluded.

VIDEO STORY:You can check out the six-minute video on Elmer Lloyd’s pond at www.kftc.org/Elmer

“When they damage you, don’t give up because they ex-pect people will get scared and give up. You should work with a group of people like KFTC because more than one can make a difference in the outcome. If you don’t quit

fighting your situation, most likely you’ll eventually win.” Elmer Lloyd

balancing the scales, December 17, 2009

Local UpdatesNew athletic dorm on University of Kentucky campus to be named the “Wildcat Coal Lodge”

A Quiet Christmas on Wilson Creek

by Bev May

Neighbors along Wilson Creek in FloydCountyarelookingforwardtoapeacefulandsafeChristmas. Miller Brothers Coal Company hadintended to start a mountaintop removal opera-tiononbothsidesofthiswatershedin2007.How-ever,withquickorganizinghelpfromKFTC,manyresidentsdecidedinsteadtousetheirBroadFormDeedAmendmentrighttorefuseminingontheirproperty. Wilson Creek residents along with the KFTCFloyd County Chapter also brought a Lands Un-suitableforMiningpetitionbeforethestateEnergyandEnvironmentCabinet. The decision, which was issued in February,was a compromise. Wilson Creek can be surfacemined but no coal company can use the residen-tialroadforhaulingcoalorequipment,theymustreplanthardwoodtrees,andtheymustrestorethelandtoitsapproximateoriginalcontour. Rather thanpursuingaminingpermitunderthese terms, Miller Brothers Coal Company hasresponded with a flurry of legal actions. Shortly after the citizens’ petition was filed, Miller Brothers attorneysaskedthatitbedeclared“frivolous”andattemptedtocancelthepublichearing. Mary Cromer of the Appalachian CitizensLawCenter(ACLC)representedtheresidentsandKFTC members, and on November 3 a Cabinethearing officer determined that the petition was notfrivolousbutvalid. MillerBrothersalsoappealedthecabinet’sde-cisioninFranklinCircuitCourt.Atissueiswhetherthecabinethastheauthoritytoprovideadditionalprotections for the community and environmentinresponsetoaLandsUnsuitableforMiningpeti-tion. BoththeEnergyandEnvironmentCabinetandACLC filed briefs in December arguing that they doindeedhavethatauthority.The judge’srulingwill come in several months and may have animpact,forgoodorill,oncommunitiesseekingtoprotectthemselvesusingtheLandsUnsuitableforMiningprocess. Onethingiscertain:thefolksonWilsonCreekwill continue fighting to protect their own com-munity and working for the day when no one isthreatenedbymountaintopremoval.

Despiteprotest fromstudents, faculty,staffandthegeneral public, in early November the University ofKentuckyBoardofTrusteesapprovedavoteby16-3 torebuildandrenametheJoeB.HallWildcatLodgeastheWildcatCoalLodge. Joseph W. Craft III, the president ofAlliance Coal,and20otherindividualscalledthe“DifferenceMakers”(seeboxbelow)donated$7milliontobegivenovera10-yearperiodfortheconstructionofthenewmen’sbasket-ballresidencehall. Onlythreeboardmembersdissentedfromthevote,including faculty representative Ernie Yanarella, staffrepresentative Robynn Pease and Student GovernmentPresident Ryan Smith (each elected by their respectivebodywhiletheremaining16membersarebusinessmem-bersappointedbythegovernor). Students and KFTC members Danny Cotton andJordan Panning prepared a statement to be read to theboard,butwerenotallowedtodoso. “Whatstruckmewasthat,asstudents,wecouldn’teven get most of the board to read or hear a simple,half-pagestatementabouthowthisnameviolatesUK’sstandardsfornamingbuildings,”Cottonsaid.“Andthat,whenlookingattheboard’svotes, thethreewhovotedagainst this are three people tasked with representingstudents,facultyandstaff.” Additionally, the term “wildcat coal mining” hashistorical significance as a term used to describe illegal miningpractices–miningwithoutapermitandstealingcoal. Toaddironytothesituation,thenewlodgewillbeaLEED certified building. LEED stands for Leadership in EnergyandEnvironmentalDesignandisthenationallyaccepted benchmark for the design, construction, andoperation of high performance green buildings. Certifica-tionassuresthatabuildingprojectisenvironmentallyre-sponsible, profitable and a healthy place to work or live.

MartinMudd,agraduatestudentandalsoaKFTCmember,attendedtheboardmeetingaswell. “Naming a new LEED-certified campus building the WildcatCoalLodgeisabadmoveforthisuniversity.Itis an egregious case of industrial product placement inapublicinstitution.ItisaninsulttoKentuckybasketballfanswhorememberJoeB.Hallasagreatcoachworthyofremembering,”saidMudd. “Itisastepbackwardforauniversitywhosegoalistomove forward toTop20 status.Finally, thisdecisionignores the industry’s history of exploitation that hasenriched coal corporations and corrupt politicians andimpoverishedAppalachia’scommunitiesanddevastateditsecosystems.Thisdecisionisunacceptable,butsadlyitisjustbusinessasusualinKentucky.Wemustraiseourvoicesinopposition. “UK shouldn’t name buildings after corporations,much less entire industries and lobbying groups. ThewayI lookat it iswehave theW.T.YoungLibrary, I’mokaywiththat,butwedon’thavethePeanutButterLi-brary.WehaveBlazerHall,butwedon’thaveAshlandOilHall,”addedCotton. TheUKKFTCstudentgroupisplanningsomenextsteps,includinginvestigatingwhetherthenamingproce-dureviolatedUK’sownadministrativeregulations.

Difference MakersArmstrong Land, Charles Baird, Charles Bradley, Nick Carter, David Childs, Joe Craft, Luther Deaton, Ted Doheny, Franklin Farris, L.D. Gorman, Mike Jones, Lynn Par-rish, C.L. Redmond, Rex Smith, Tom Smith, Tom Snyder, Jeff Speaks, Wellford A. Tabor, Greg Wells, Charlie Wesley, and Lyle Wolf.

Students from the University of Kentucky KFTC group hosted a mock silent auction for individuals to purchase the naming rights for university buildings. From left to right Jordan Panning, Danielle Boucher, Kimberly Hoffmeister, and Watson Harding.

“What struck me was that, as stu-dents, we couldn’t even get most of the board to read or hear a simple, half-page statement about how this

name violates UK’s standards for naming buildings. And that, when looking at the board’s votes, the three who voted against this are

three people tasked with represent-ing students, faculty and staff.”

UK Student Danny Cotton

2010 General Assembly Tuesday, January � -

Tuesday, April 13!


Grassroots Fundraising UpdateGrassroots fundraising generates a record breaking year 2009 marks another year whenmembers and staff met and exceededthegrassrootsfundraisinggoal. At the mid-December printing ofthisissueofbalancing the scales,thegoalof$240,000hadalreadybeenexceeded,upfrom$202,000in2008. Grassroots fundraising is defined as gifts from individual donors, member-shipduesandthemoneyraisedatchap-ter events. Throughout the year KFTCstayed ahead of the fundraising goalanddidnothavetoplaycatchupinanalreadybusyfall. In the first quarter, KFTC members investedmoresubstantiallyintheworkintheKentuckyGeneralAssemblyand

inWashington,D.C. Throughouttheyearmembershost-ed events and fundraisers that raisedmoney and awareness about KFTC’sissues. Chapter members pitched into help build turnout and recruit newmembers. The last quarter of 2009 saw thehighestspikeinmemberswhooptedtobecomepledgers–whicharememberswhogiveregularlythroughouttheyear. Many members went from givingan annual gift of $100 to donating $10each month. But it was more often thecasethatmemberswhogave$15annu-allytomaintaintheirduesdugdeepintheirpocketsandpledgedtogive$15a

monthorquarterin2010. Thisyearmarkedarecordyear forhostingeventsinmorecountiesthaninyearspast.Additionally,morepledgersjoinedandmoremajordonorsinvestedintheworkofKFTC. However, success boiled down toonesimplefact:in2009KFTCmembersinvestedwhattheycould,inthecurren-cyoftime,talentandmoney,toensurethat KFTC has the strength to build abetterKentuckyin2010andbeyond. Every year the annual fundraisinggoalismetintheformofanewmemberat$15,a renewingmemberat$20,andpretty soon it is September and mem-bersreachintotheirpocketsandstretch

tomakeanadditionaldonationtosup-portourfallfundraisingdrive. This fall, more and more phonebank conversations took place withmemberswhowererecentlylaidoff,areexperiencing high medical bills or arefinancially supporting members of their extended family. Yet many still foundways to suppport KFTC’s fundraisingneeds, such as working at an event,helping staff a phone bank and askingfriendstojoin. KFTC’sgrassrootsfundraisinggoalwill increase significantly in 2010, built onthesucessachievedthisyear. ThankyoutoeveryKFTCmemberwhomadeaninvestmentthisyear.

Jefferson County fundraiser brings in $24,000 in one nightby George Eklund

Wealllivedownriverfromamoun-taintop removal coal mining site, butexplaining what mountaintop removalistosomeonethathasneverbeentotheghost of a mountain is difficult. IgrewupinnortheastKentuckyonthe edge of the coalfields. It was not till I readtheworksofKentuckyauthorWen-dellBerrythatIrealizedthatIhadlivedontheedgeofsuchruinforthemajorityof my life. These mountaintop removalsitesareeasytoignorebecausethecon-torted topography of our region hidesthedevastationbehindthehillscarpetedwith hardwood trees. This destructionhasgoneunnoticedtoolong.

TheJeffersonCountychapterheldafundraiseronDecember6at the famed21c Museum and Hotel in downtownLouisville. In all regards this was asuccess that brought members from allover the state together in an event thatcombined local art, culture, and raisedawarenessabout the tawdrypracticeofmountaintopremovalcoalmining. KFTC Canary Project Fellow TeriBlanton, who spoke with such fervorabout the topographic holocaust thatplagues our region, opened the event.Kentucky authors Wendell Berry, Re-beccaHowellandErikReecespokeelo-quentlyaboutthisunsettlingtopic. The speakers captivated an audi-enceofmorethan250peoplewiththeirthoughts,ideas,andverbalimagescon-cerning the destruction of Appalachia.AlleyesintheroomwerecastupontheTHANK YOU

Special thank you to the gracious sponsors who donated space, products, time and talent — 21c Museum and Hotel, International Contemporary Art Foundation, Proof on Main and Carmichael’s Bookstore.

Additional thanks goes to Creation Gardens , B luegrass Brewing Company, Wiltshire Pantry, Hound Dog Letterpress, Cricket Press, Rainbow Blossom, Red Hot Roasters, and Heine Brothers Coffee.

podium whilet h e o n l o o k -ers took in thewords of hopeand resiliencet o w a r d t h em o u n t a i n t o premoval fight. K e n t u c k ym u s i c i a n sD a n i e l M a r-tin Moore andYimYames(JimJames of MyMorningJacket)filled the great hall with musicthat pulled in-spiration fromthe harmonioustraditionsofAp-

p a l a c h i a .Each played a solo set and cametogether for a short time to sharethe stage and play Kentucky Waltzas people danced and took in theexperiencethatwasmeanttobringthemountainstothemetropolis. The event conveyed the truthabout the destruction just like theOhio River brings Louisville allof the hazardous by-products ofmountaintopremovalmining. Thiseventprovedtobeagreatfundraiser for KFTC. Betweentickets, merchandise and the silentauction, the event grossed more

Jim James (above) of My Morning Jacket and Daniel Martin Moore (left) donated their musical talents at the Jefferson County fundraiser at �1c Museum and Hotel.

photo credit www.youaintnopicasso.com

than$24,000whilerecruitingmorethanahundrednewmembers. Thisisonlythetangibleevidenceofa well-run event. What could not havebeen counted was how many seeds ofmalcontentforthestatusquoregardingenergypolicyinKentuckywereplantedintheheartsandthemindsofthecrowd.How many people left the hotel withnew knowledge? Sir Francis Bacondescribed knowledge as power. Thisoccasioncreatedpowerbybringingtherealitiesof easternKentucky to the citythatforgetsabouttherestofthestatetooften.


Economic Justice UpdateNew report documents flaws in Kentucky’s tax structure Make more money, contribute less to a better Kentucky KFTC and Kentucky Youth Advo-cates (KYA) worked with the InstituteofTaxationandEconomicPolicy(ITEP)toreleaseanewreportthatassessesthefairnessofKentucky’staxsystem. ITEP’sWho Pays?reportfoundthatKentucky’s tax structure impacts thepoorandmiddle-classmuchmorethanthewealthy:

• Kentuckyfamiliesearninglessthan$15,000 — the poorest fifth of Kentucky non-elderlytaxpayers—pay9.4percentof their income in Kentucky state andlocaltaxes.

• Middle-incomeKentuckytaxpayers— those earning between $29,000 and$47,000 — pay 11.0 percent of their in-comeinKentuckystateandlocaltaxes.

• The richest Kentucky taxpayers— with average incomes of $957,500—payonly7.1percentoftheirincome

inKentuckystateandlocaltaxes. KFTC Vice-Chair Steve Boyceparticipated in the report’s release onbehalfoftheKentuckyForwardCoali-tion. Boyce noted that the solutionsthat ITEP suggested would decreasethe contributions of the working andmiddleclasseswhilemakingthestate’swealthiest pay an equal share. Theseare the same solutions outlined in theKentucky Forward bill, sponsored inpast legislative sessions by Rep. JimWayne. Boyce said that ITEP’s findings af-firm that the legislature has to decide to takeleadership. “Wehaveachoice.Wecancontinuetochooselargerclasssizes,longerlinesforMealsonWheels,fewerafter-schoolprograms, fewer inspections on mines’effectsonstreamsthatfeedourdrinkingwater,andwecancontinue tounfairlytarget our working and middle class

Thefederalestatetaxwascreatedtomakesuretaxeswerecollectedfromtheassetsoftherichest1percentofAmeri-cans, like trust funds and long-heldproperty. It is a federal tax, but a por-tionoftherevenuehasbeenreturnedtostates. The estate tax started to phase outin 2001 because of a law passed byPresident Bush. Under this law, thereisnoestatetaxin2010,andestatespayonly capital gains tax; then the estate tax returnswitha$1millionexemptionand55percentratein2011. President Obama wants to preventthisone-yearabsence,butalsowantstoraise the exemption level from $1 mil-lion - $2 million per couple — to $3.5million-$7millionperacouple. According to United for a FairEconomy(UFE),oneofKFTC’snationalallies,thischangewouldreducethees-tatetaxby$226billionoverthenexttenyears. On December 3rd, the U.S. Housevoted to extend the estate tax with its2009 levels. UFE states this might be agood placeholder but Congress shouldalsotaketheissueupwhentheyreturn

Congress should pass a strong federal estate tax

families,” Boyce pointed out. “Or, wecanchoosetopasssolutionsthatarefairandthatgeneraterevenue.“

nextyear,andstrengthentheestatetax. OneversionofafederalestatetaxisRep. Jim McDermott’s HR 2023, whichwouldofferacompromisebetweenthe2001lawandthe2009law,raisingmoremoneythanthecurrentHousebill. Until then, thebill is in theSenate,where the House’s already-weakenedversioncouldbefurthercompromised. OneSenateproposal,fromSenators

LincolnandKyl,calls fora$10millionexemption per married couple and asignificantly lower rate. This law would dramatically cut Kentucky’s portion ofpick-uprevenue. When Congress returns in January,they’llneedtohearsomemessagesfromconstituents.Even if thecurrentHouseproposal passes, a strong estate taxneedstobeonthetablefor2010.

Additional Tax Justice ResourcesStay tuned for more about what you can do in the new year. In the meantime, here are some good resources to learn more:

United for a Fair Economy: http://www.faireconomy.org/issues/estate_taxGood for updates on the federal legislation and action alerts.

Citizens for Tax Justice: http://www.ctj.org/, then find the 12.02 re-port about the estate tax under Recent Reports. This has state-by-state data, a great analysis of the bills in Congress, and plain language.

Center for Budget and Policy Priorities: www.cbpp.org. Search for estate in the search bar. Heavy on policy language.

Join KFTC and allies for a Budget Bake

Sale! Kentucky’s budget has had fiveroundsofbudgetcutssinceearly2008,takingabout$800millionfromalreadyunderfunded state services and pro-grams. Coalminesaremissinginspections,thewaiting list forMealsonWheels isgettinglonger,andclasssizesatalllev-elsofeducationcontinuetoswell. Untilelectedleadersshowthelead-ership needed to pass comprehensiverevenue reforms, citizens are going tohave to raise much-needed money thegoodold-fashionedway. JoinKFTCandallieson January20fora“BudgetBakeSaleattheCapitol!”Membersplantodeliversomebrownies,cupcakesandaclearmessagethatnowisthetimeforourelectedleaderstolead. Volunteer bakers and a significant citizenpresenceinFrankfortonJanuary20 are needed, so mark your calendarnowtoparticipate. Details about meeting places andtimescanbefoundontheKFTCwebsitecalendar,orgetintouchwithyourlocalorganizer, or with Jessica Hays at [email protected].


A year of action: members of the KFTC Canary Leadership Network take their message all around the U.S. in 2009

Canary Project Update

The Canary Leadership Network(CLN) enjoyed a productive year in2009, traveling from coast to coast ex-posing the true cost of coal. Memberslobbiedstateandfederallegislators,metwithregulators,courtedthemedia,andmetwithphilanthropists,theyoung,theold, allied organizations, new friendsandanyoneelsewhowouldlisten. CLN members’ work was featuredin four books, three documentary films, andcountlessnewspaperarticles,radionews spots and television newscasts.Energy issues and climate change arenowprominentissuesinthepubliceye,onastateandnationallevel. The beginning of the year usheredinanewpoliticallandscapeinWashing-ton D.C. with the election of PresidentBarackObamaandtheincreaseddemo-cratic majority in the U.S. House andSenate. With this change, and despitethecontinuedstonewallingofKentuckyofficials, CLN members made greatstrides at the federal level. This gavenewenergyandoptimismtotheCLN’sefforts. CLNmembersfoundthemselvesinLouisvilleonafrigidnightinJanuarytofaceoffagainstcoalindustryrepresenta-tivesinadebatearrangedbystudentsatSt.XavierHighSchool,sharingtherealstories of people enduring the impactsoftheindustry. KFTC celebrated the 3rd annual ILoveMountainsDayinFebruary,wherehundreds of KFTC members and sup-

porters were joined by U.S. Rep. JohnYarmuth,actressAshleyJudd,andcoal-field residents to bring a strong message to thestepsof theKentuckystatecapi-tol. Later in the month, KFTC leaderspreparedfortheirbusyyearbyattend-ingcivildisobediencetraining,readyingthemselvesforactionstocome. ThemonthofMarchsawKFTCjoinwith organizations across the countryto bring a message from the coalfields tothestreetsofWashington,D.C.Withcoalfield residents leading the way,thousandsofprotestersmarchedontheCapitol Power Plant, shutting it downforseveralhoursandsecuringanagree-mentthatthepowerplantwouldphaseoutitsuseofcoal. ThisactionfollowedthePowershift2009conference,wheremorethan10,000youthactivists(150fromKentucky)mettoplananewenergyfutureforthena-tion.Themonthalso includedtheAlli-ance for Appalachia’s annual Week inWashington, where more than a dozenKentuckians represented the coalfields not only in the halls of Congress butalsoinunprecedentedface-to-facemeet-ingswiththeCouncilonEnvironmentalQuality and high-ranking officials with U.S. Environmental Protection Agency(EPA). April was consumed with theday-to-day work of the CLN, includ-ing house party fundraisers, tours andspeakingengagementsatchurchesand

schools across the state and region. InMay,CLNmemberstraveledtoHazardforimportantmediatrainingtopreparethem for the increased media attentiondirectedatcoal,energyandtheAppala-chian region. May also saw the secondannual New York Loves MountainsFestival,wheremembersparticipatedinaweekendofeventsintheBigApple. The month of June saw three wa-

tershedevents in theworkof theCLNand allies throughout Appalachia. OnJune 11, the Obama administration an-nounced an agreement involving EPA,the Department of the Interior and theArmyCorpsofEngineersthatwouldal-ter the way valley fill mines are permit-ted.Earlierintheyear,EPAhaddelayedactiononmorethan100pendingvalleyfill permits in order to subject them to additionalreview.Thenewinteragencyagreementspelledoutsweepingchang-es in how federal agencies would pro-tectwaters impactedbymining inAp-palachia, including a review of currentrulesandtherescindingof theexistingrubber-stampingpermittingprocess. Additionally,inJuneCLNmemberswereonhandforamajoractioninWestVirginia, where regional activists werejoinedbyNASAclimatescientistJamesHansen,formerWestVirginiaCongress-man Ken Heckler, and actress DarylHannah,withtheirarrestsfocusingthenation’sattentionontherecklessactionsofthecoalindustry.Justafewdayslater,members were on hand for the first-ever Congressionalhearingonmountaintop

(continued on next page)

McKinley Sumner on his mountaintop with a tour group from Ohio Citizen Ac-tion, October 2009.

The Kentucky delegation at POWERSHIFT in Washington, D.C., March 2009.


A year in action: members of the Canary Leadership Network take their message all around the U.S. in 2009


removalintheU.S.SenateEnvironmentandPublicWorksCommittee. Even the dog days of summercouldn’t slow down the CLN’s efforts.In July, members were in CharlestonWestVirginia for thecontroversialpre-miere of Coal Country, a feature-lengthfilm about the trail of destruction that coal has left in its wake. The film, which prominently features KFTC’s work onthis issue, would continue to premierein cities across the country for the re-mainderoftheyear. InAugust, recognizing the need tocreateNewPowerinKentucky,severalCLN members attended a candidatestrainingbyWellstoneAction.Addition-ally, members spoke at the CincinnatiLovesMountainsevent. In September, CLN members re-turnedtoWashingtonD.C.,wheretheycontinued lobbying efforts, spoke at aCongressional staff briefing on moun-taintopremoval,andattendedfollowup

meetings with the EPA. The CLN’sWashingtoneffortsresultedincompan-ion bills in the House (H.R. 1310) andSenate (S. 696) that would prohibit thedumpingofminingwasteintostreams.Atpress time, theHousebillhasmorethan160cosponsorsandtheSenatebillhaseight. KFTCcelebratedits28thanniversaryat the annual membership meeting inOctober,whereCanary leadershadtheopportunitytoshareexperiencesofthepast year with members from acrossKentucky. Days before the annual meeting,Coal CountryhaditsKentuckypremierein Lexington, featuring performancesby Kathy Mattea and Kentucky musiclegend Jean Ritchie. The event of themonth,however,wasahearinginPikev-illeby theArmyCorpsofEngineers totakepublic commenton itsdecision todiscontinue the practice of issuing Na-tionwidePermit21,anexpeditedreviewprocess used to grant rapid approval

to valley fills with little environmen-talreview. The hearingwas attended bymore than 155KFTC memberswho carr ied astrong message inthefaceofhecklingand abuse fromthousands of un-ruly coal support-ers.Whileanearlyendless parade ofKentucky politi-cians startingwiththelieutenantgov-ernor tried to turnthe hearing into ashameless cheer-leadingsessionforthe coal industry,KFTC’s membersheld on until aftermidnighttocalmlyplacetheirrelevantcomments in thepublicrecord. In November,more than 50 re-

ligious leaders from across the UnitedStates who had just attended the Fes-tival of Faiths conference in LouisvillejoinedKFTCforatwo-daytourthroughparts of eastern Kentucky. U.S. Rep.John Yarmuth joined the group fora flyover of the devastation in Perry County.Thetouralsoincludedamulti-denominational blessing of the waterandsoilatamountaintop removal siteinFloydCounty,afterwhichtheleadersand coalfield residents discussed how faith-based organizations can supportthe ongoing efforts of theAppalachianpeopletoprotecttheirhomeland. Lookingbackover2009,it’sexcitingtoseehowthenationalmomentumhasstartedtoshiftinfavorofprotectingtheland, water and people of theAppala-chian coalfields. Congress is seriously discussing climate protection legisla-tion, with the plight of Appalachiaoccupyingaprominentplaceinthede-bate.Thecoalindustry,whichhadoncedominated state and national politicson energy issues, now finds itself forced tospendmillionsofdollarsinlobbyingand public relations to try to stem thistideofchange.Peoplealloverthecoun-

tryarelearningabouthowtheirenergychoicescanimpactthelivesofothers. KFTC’s work has played a criticalroleinbringingthesechangesaboutandmembers look forward to building onthesesuccessesin2010andbeyond.

(continued from previous page)

Carl “Buck” Shoupe spoke at the St. Xavier High School coal debate in Louisville, January 2009. The debate was organized by students.

Mickey McCoy addressed the crowd at the Marsh Fork ac-tion in West Virginia, June 2009.

Canary Leadership Network members marched on the Kentucky State Capitol at I Love Mountains Day, February 2009.

balancing the scales, December 17, 2009Page 1�

Canary Project UpdateReligious leaders visit eastern Kentucky coalfields “Thishasbecomea legal issueandaneconomicissue,butwhatit’salwaysbeenisamoralissue,”explainedChristyBrown, speaking about mountaintopremovalminingtoagroupofmorethan50 religious leaders and others whojoinedheronaNovember12-13Moun-taintopWitnesslTour. Brown worked with KFTC andFatherJohnRauschtoorganizethereli-giousleaderstouraspartofthe14thAn-nual Festival of Faiths. The Festival ofFaithsisaninterfaitheventthatfostersdialogue and action on various topics.The theme for this year’s festival was“SacredWater:SustainingLife.” JoiningChristyandOwsleyBrownonthetourwereDeanHaroldAttridgeof the Yale University Divinity School,representativesfromseveralfaithtradi-tions, and several filmmakers. “I’m very grateful to KFTC forbringing faith leaders from around theregiontogethertowitnesstheeffectsofMTR firsthand,” commented Pat Hud-sonoftheLindquist-EnvironmentalAp-palachianFellowshipineastTennessee. “Theopportunitytocommunewithotherswhoaredeeplyconcernedaboutthis issue sent me home with renewedenergyandhope,fueledbytherecogni-tion that residents of Appalachia frommany denominations are increasinglywillingtomaketheirvoicesheardinaneffort to stop this inexcusable destruc-tionofGod’screation,”sheconcluded. ThetourbeganwithavisittoBereaCollege’s Ecovillage, an ecologicallysustainable residential and learningcomplex.Dr.RichardOlson,directorof

Ecovillage,spoketothegroupandpro-videdatourofthefacilities. Fromthere,participantstraveledtoHueysvilleinFloydCounty,wheretheymet with KFTC member Rick Hand-shoe. Handshoe led the delegation upthemountain toseeaslurrypond thatrecently flooded near his home. He de-scribedtheproblemsheandhisneigh-bors face as a result of mining. There,atop the mountain, Father Rausch andSisterRobbiePentecostledamomentofreflection and offered a blessing for the waterandthemountains. “As people of faith – both thosein the tour and many who hosted us– there was a heartfelt anguish aboutthehumansinfulnessrevealedwhensomuch harm is inflicted on one’s neigh-bors,”notedMarianMcClureTaylor,ex-ecutivedirectoroftheKentuckyCouncilof Churches, as she reflected on her time inFloydCounty. The tour ended up at Jenny WileyState Park in Prestonsburg. On Fridaymorning, participants heard from apanelofcommunitymembersandallieswho are working diligently to combatmountaintop removal and to usher inalternativeeconomicandenergyoppor-tunitiesfortheregion. Speakingonthelackofenforcementof existing mining laws, Rully Urias, aKFTC member from Pike County, toldthedelegation,“Iwanttobringlighttowhat’s happening here in my home inAppalachiaandhowitimpactsthestate,thenationandtheworld.”Hewentonto explain, “The area where I huntedand fished as a kid has been decimated

bymountaintopremoval.” TeriBlanton,KFTC’sCanaryFellow,informedthecrowdof legislativeworkat the stateand federal levelsaimedatstoppingmountaintopremovalmining.Mary Cromer of the Appalachian Citi-zensLawCenterdiscussedlitigationasastrategyforcombatingtheoutlawcoalindustry. Author and musician JasonHowardspokeoftheroleofartistsinthecampaigntoendmountaintopremovalcoalmining. “TheartistmovementagainstMTRin Kentucky has thrived,” noted How-ard. “The industry is running scaredbecause people of faith and artists arecomingtogetherandwe’reaforcetobereckonedwith.” AllenJohnsonandRobinBlakeman,allies from West Virginia, informed thedelegationofrisingtensionsinthecoal-fields and the need for everyone to get involvedintheworktostopmountain-topremoval. “Eachoneofyoucanmakeadiffer-ence,”explainedJohnson. KFTCmemberCarlShoupeofHar-lan County wrapped up the panel. Aformerminerwhowasinjuredinarooffall and who has a son and son-in-lawworking in the coal industry, Shoupesaid, “I have eight grandchildren whodependoncoal for their survival.Coalis so much a part of my past and my

present. But, if we are to survive hereineasternKentucky,we’vegottocreatea different future for eastern KentuckyandCentralAppalachia. “There’snowaywecancontinuetoexistwiththiscriminalactofmountain-top removal,” he added. Shoupe thentalkedtotheparticipantsaboutworkheandhiscommunityaredoingtotransi-tiontoaneweconomyandnewenergysources. Following the panel, tour partici-pantsbrokeintosmallgroupstodiscusswaysinwhichtheyandtheirfaithcom-munities could take action and get in-volved in the fight to end mountaintop removal. “Ileftforhomewithquestions,andaboveall thequestionofhowsomanypoliticalleaderscanletsomanydecadesslide by without coming up with bet-ter alternatives for eastern Kentucky’seconomy,” noted Taylor. “Other states’mountain regions fare better. Why notours?” BethZangariofthePassionistEarthandSpiritCenterconcluded,“Toseethedestructionbringshomethefactthatwehave to galvanize this movement andstop mountaintop removal. It’s wrongandanyonewhohastheopportunitytoseeitaswedidwillknowimmediatelyintheirsoulthatitiswrongandthatitneedstobestopped.”

Floyd County member Rick Handshoe talked to tour participants about the troubles he and his neighbors have endured at their homes, ranging from con-tinuous blasting, dust to cracked wells and poisoned water.

Other Mountain Witness Tours• A group of Central Kentucky middle and high school teachers.

• The Eco-Justice Committee of the National Council of Churches in con-junction with the Mennonite Central Committee.

• Students from Davidson College in North Carolina

From a previous tourThe North Carolina Interfaith Power and Light: “The North Carolina Coun-cil of Churches issued a resolution calling for a ban in our state on the use of coal acquired through mountaintop removal.”

balancing the scales, December 17, 2009 Page 1�

URGENT ACTION NEEDED At the end of November, the U.S. Office of Surface Mining Reclamation and Enforcement (OSM) took a first step to clarify how it will improve protection of streamsandalsoclarifytherulesaroundreturningaminedareatoitsApproximateOriginalContour(AOC),asisrequiredbylaw. This first step is gathering public opinions. To be clear, this is not the OSM proposing change to either the Stream Buffer Zone rule or the ApproximateOriginalContourrule. Instead, this is OSM collecting comments from the public on how it mightchange these rules. To the extent possible OSM would like the comments toincorporate scientific evidence to support the suggested changes.

Here is what the federal register says about submitting comments:Comments must be received on or before December 30, 2009.

Commentsmaybesubmittedbyanyofthefollowingmethods(theFederale-rulemakingportalispreferred,ifpossible):

• Federal e-Rulemaking Portal: http://www.regulations.gov. The documenthasbeenassignedDocketID:OSM–2009–0009.Followtheonlineinstructionsforsubmittingcomments.

• Mail, hand delivery, or courier to: Office of Surface Mining Reclamation and Enforcement,AdministrativeRecord,Room252–SIB,1951ConstitutionAvenue,NW,Washington,DC20240.PleaseincludetheDocketID(OSM–2009–0009)withcomments.

For more of the back story on this issue visit www.kftc.org/osm-comments

URGENT ACTION NEEDED


On November 13, U.S. Rep. John Yarmuth of Louisville met a delegation of KFTC members in Hazard for a mountaintop removal tour. After a flyover of mountaintop removal mine sites provided by Southwings, the member of Congress talked to KFTC members about the need for economic and energy alternatives in eastern Kentucky. He then traveled to Montgomery Creek to the homeplace of KFTC member McKinley Sumner, (above) where he saw up close the devastation caused by mountaintop removal mining. Reflecting on the day, Yarmuth said, “The tour gave me a more vivid sense of the desecration caused by the mountaintop removal process and the mag-nitude of the damage. It is obscene that the perpetrators of this practice boast about it creating developable land. There’s already enough land to build more strip malls than there are people in the region. “Visiting the sites, you also get a better understanding of the jobs moun-taintop removal has eliminated, because you see that dozens and dozens of miners have been replaced by a handful of machine operators. The idea that mountaintop removal enhances the economy is as laughable as the practice is destructive to the environment and families in the region.”

University of Kentucky forum offers day-long “dialogue” on coal On November 5, KFTC membersVanessa Hall and Suzanne Tallichetparticipated inA Forum on Coal in Ken-tucky.Theday-longeventhostedbytheUniversity of Kentucky Department ofMiningEngineeringand theCenter forVisualizationandVirtualEnvironmentspromotedtheeventas“abalanceddis-cussionregardingthepast,presentandfuture impacts of coal on our state’seconomyandenvironment.” Setupasadialoguebetweenthosesupporting thecoal industryand thosesupporting clean water and clean air,the discussion was presented throughfour day-time sessions: Economics andCoal in Kentucky, People and Coal inKentucky,AspectsofCoal inKentucky,EnvironmentandCoalinKentucky,andtheeveningsession,ImpactofCoal,To-

dayandTomorrow. Alongside the presentations of theexpertsineconomic,scienceandresearchwere the highly charged political viewsofcoal,whichoftencreptoveras in thecaseofKentuckyhistorianRonBryant. “Pollution, land destruction – thatcan be studied. I want you to thinkpositively about coal and the future ofKentucky.” In presenting the history of coal inKentucky, Bryant failed to mention theeffects of the broad form deed or thecitizen-ledmovementresultinginacon-stitutionalamendmentabolishingit. Leadingcoalpoliticianssuchasfor-merGovernorPaulPatton,PikeCountyJudge-ExecutiveWayneRutherfordandHouse Majority Leader Rocky Adkinsplayedtothemajorityofthe300attend-

ees supporting the industry, paintingtheindustryastheobjectofavastcon-spiracyplottingitsdownfall. “Coalisnotthevillain,coalshouldbe the hero of this country,” exclaimedRutherford. “Wehavetogivecoalthecredititde-serves!”Pattonsaid.“Coalisthefavoritewhippingboyofthemedia,”addingthatKentucky’s“centrallocation,hard-work-ing people, and cheap electricity makesKentucky attractive to economic activi-ty.”HeallegedthatnortheaststateswanttodestroyKentuckyandWestVirginia’seconomicedge. Economist Jason Bailey of theMountain Association for CommunityEconomicDevelopment(MACED),Tal-lichetandHallbroughtcompellingandoften unwelcome reasons for Kentuck-ians to question many assumptionsabout coal and Kentucky’s economicfuture. The PowerPoint presentations of the various research and economic experts can be seen at www.coalinkentucky.com. The speeches of Patton, Rutherford and Adkins are unavailable.

Video Coverage and Additional

Resources

can be found at www.KFTC.org/coalforum

• View KFTC Member Vanessa Hall’s presentation from the forum.

• Coverage of the forum from the Hillbilly Gazette.

• Tom Eblen’s article, “There’s only one logical path for coal’s future.”

• Andy Mead’s article “Coal debated at daylong conference.”


Rural Electric Cooperative UpdateMembers continue to pressure Kentucky Public Service Commission to revoke permit for coal-burning power plant OnOctober28,KFTCalongwiththeKentucky Environmental Foundation(KEF), the Sierra Club, and individualrural electric co-op members WendellBerry,FatherJohnRausch,andDr.JohnPatterson filed a petition before the Ken-tuckyPublicServiceCommission(PSC),askingthatitsapprovalofthecoal-burn-ing Smith plant proposed by the EastKentuckyPowerCooperative(EKPC)berevoked. In 2006, the PSC, which is chargedwithoverseeingtheactivitiesofelectricutilities in Kentucky, approved EKPC’splantobuildtheproposedcoal-burningpowerplantneartheKentuckyRiverinClarkCounty. Many factors have changed sincethepowerplantwasapprovedandthepetitionersbelievethatitisnownolon-gernecessarytomeetEKPC’sdemand.

• EKPC’s customer base did not ex-pandasexpected,andeconomiccondi-

tions have actually decreased demandforelectricity.• The utility’s financial health hasdeteriorated significantly. As a result, EKPCcouldbesaddledwithahighin-terestrateonaloanfortheplant.• Stricter environmental regulationswill add substantial costs to coal-burn-ingplantoperations.• The cost of construction has in-creased44percentsinceEKPCreceivedits certificate. • SellingexcessenergyfromtheSmithplant to other utilities has become diffi-cult,ifnotimpossible,duetochangesinregionalenergypoliciesandmarkets.• EKPCcanmeet its loadprojectionsthrough a proven set of cost-effectiveenergy efficiency and renewable energy strategies.

Combined, all these factors maketheSmithplantanunnecessaryandun-reasonablerisktoratepayers.

Responding to email action alertsfrom KFTC and the Sierra Club, morethan400 folkshave contacted theKen-tucky Attorney General’s office asking thathe intervene in this caseonbehalfof ratepayers. The Attorney General’soffice often weighs in on cases before the PSC. Afterfollowingup,KFTCmembersweregrantedameetingwithstaffintheAttorney General’s office. Additionally, KFTC members sent

The following letters are excerpts. To read the entire letter visit www.kftc.org/stopsmith/lte

DearEditor, Weshouldalljointhethreeruralelectricco-opmembersandthreepublicin-terestgroupswhoareaskingtheKentuckyPublicServiceCommissiontorevokethe certificate for the proposed Smith 1 coal-burning power plant in Kentucky. Efficiency and conservation measures can save our energy dollar, provide jobsandeliminatetheneedfornewpowerplantsasprovenaroundthecountry.Don’tbelieve thecoal industrywhen theysay thatcoal isgood forKentuckyjobs...Christine MissikDanville, Kentucky [Letter published in The (Danville) Advocate-Messenger]

DearEditor, EastKentuckyPowerCooperative(EKPC)wantstobuildyetanothercoal-burningpowerplantinClarkCountyalongtheKentuckyRiver.They’reclamor-ingforthisplantdespitethefollowingfacts:• The federalgovernmentwillno longergive low-interest loans for coalornuclear plants, but will still fund other types of energy generation and efficiency strategiesatveryaffordablerates• EKPC is in precarious financial straits and would have to pay a high interest rate for the plant with private financing..Steve WilkinsPaint Lick, Kentucky [Letter published in The Winchester Sun]

DearEditor, AsamemberofOwenElectricCooperative,whichobtainsitspowerfromEast Kentucky Power Cooperative, I oppose the construction of EKPC’s pro-posedcoal-burningSmith1powerplant,whichtheutilityplanstobuildinClarkCountyneartheKentuckyRiver.EKPCshouldabandonthisplanandinvestincleanenergyinstead. ArecentreportfromtheOchsCenterindicatedthatinvestinginrenewableenergy and energy efficiency to meet load requirements would cost ratepayers lessthanbuildingandoperatingtheSmithplant.Suchanapproachwouldnotonly help decrease greenhouse gas emissions, but would also have the addi-tional benefit of creating thousands of good jobs in all 87 counties served by the ruralco-ops,including1,530jobsintheOwenElectricserviceareaalone.Heavenknowsweneedthosejobs!...Tona Barkley Owenton, Kentucky

Owen County KFTC member Rachel Harrod presented on KFTC’s Stop Smith campaign at a house party she co-hosted along with her family, John Harrod and Tona Barkley. Harrod described to the group of about 30 friends and neighbors how an investment in energy efficiency, weatherization and renewable energy can replace the need for the coal-burning Smith plant proposed by the East Kentucky Power Cooperative. Previously, KFTC members Preston Miles and Anne Lubbers hosted a similar house party in Boyle County that, like the Owen County party, brought in new members to KFTC and new energy into the Stop Smith campaign. Anyone interested in hosting a house party centered on the Stop Smith campaign, is asked to contact Sara Pennington at 606-276-9933 or [email protected].

morethanadozenletterstotheeditorsof local and state newspapers. FatherJohnRauschhadanop-edontheissuepublished in The Lexington Herald-Leader recently. Sofar,thePSChasyettoactonthepetition, and so it is still important towrite to local newspapers and contactthe Attorney General’s office to putpressure on the PSC to reconsider itsplantpermitapprovalintheinterestofco-opratepayersandallKentuckians.

Members recently published Stop Smith letters to the editor


High Road UpdateNew alliance will help bring sustainable energy to Kentucky An exciting new statewide alliancehasdevelopedoverthelastninemonthswith the goal of promoting clean, sus-tainableandaffordableenergysolutionsforKentucky. The Kentucky Sustainable EnergyAlliance (KySEA) currently consistsof nearly 20 organizations, includinga number of affordable housing andanti-poverty groups, environmentalorganizations, and entrepreneurs andsmall businesses that focus on renew-able energy and energy efficiency. Together,thecoalitionisworkingtoput the final touches on a set of policy proposalsforthe2010legislativesessionthat would help all Kentuckians savemoneyandenergy,especiallythosewhoare most vulnerable to rising energycosts. Doug Doerrfeld and Mary LoverepresentedKFTCataKySEAmeetinginearlyDecember. “The attendance was great, andthereisanawfullotofrealenthusiasmfortheallianceandthepolicyworkthatis underway,” Doerrfeld said. “I alsoecho some thoughts expressed duringthe meeting that the coalition needs todiversify. We do need to work hard atgettingunions,churches,andpeopleofcoloronboard.” “Ithoughtitwentverywell,”addedLove.“Thepolicycommitteehasdoneagood jobofworkingtogetherandsort-ing throughthe issues.At thismeeting

we got a lot of clarifying and helpfulquestionsfromothercoalitionpartners.Peoplearehungryformaterialsthatcanhelpthemexplaintheseideastoothersinsimpleterms.Oncewehavesomeofthose things in place, this alliance willhelp many more people speak up andlobbyforsustainableenergy.” During this meeting KySEA mem-bers discussed and adopted severalpolicyprioritiesfor2010,including:

• Pass a Renewable and Efficiency Portfolio Standard requiring utili-tiestoget12.5percentoftheirretailsales from renewable sources by2020 and meet ambitious annualenergy efficiency goals.

• Establish a Trust Fund to supportinnovativeprogramsthathelplow-and moderate-income Kentuckianssaveenergyandhelpallutilitycus-tomerssavemoneyovertime.

• Establish new incentives (some-times called “feed-in tariffs”) toexpand in-state renewable energyproduction.

These proposals are designed toachieve several important goals overthenext10years.Ifadopted,Kentuckywouldreduceitsoverallelectricitycon-sumptionbyatleast9percentandgen-erateatleast12.5percentofitselectricity

Kentucky Sustainable Energy Alliance members met recently in north Lexington to finalize policy proposals for the 2010 legislative session.

fromclean,renewablesourcesby2020.This package would spur job creation,improve the efficiency of Kentucky’s homes and businesses, and make theeconomy and families less vulnerableto the rapidly risingcostsof fossil fuelenergy. Similar efficiency and renewablegoals have already been adopted bymanystates,includingOhioandNorthCarolina. In contrast, Kentucky’s utili-tiescurrentlygeneratejust1.7percentoftheirelectricityfromrenewablesources,according to the Energy InformationAgency. Additionally, their energy ef-ficiency programs are so small that, if

thecurrent trendcontinues, consumerswill reduce their consumption by just.2 percent over the entire next decade(basedon2007data reported ina2009StateScorecardpublishedbytheAmeri-can Council for an Energy-EfficientEconomy). Over the next few weeks, KySEAmembers will work hard to finalizea draft proposal, communicate withpolicy makers, and develop strategiccommunications materials, including aweb site. For more information, pleasecontact KFTC High Road OrganizerMartin Richards at [email protected] or859-986-1277x225.

KySEA proposed sustainable energy policy priorities for 2010 legislative sessionPass a Renewable and Efficiency Portfolio Standard (REPS) requiring utilities to get 12.5 percent of their retail sales from renewable sources by 2020 and meet ambitious annual energy efficiency goals. Under an REPS, electric utilities inKentucky would be required to generatea minimum share of their power fromclean, renewable sources and to conserveacertainportionofelectricityusethroughenergy efficiency. To meet the renewable portionofthisstandard,theutilitiescouldeither purchase renewable energy gener-ated in-state or generate electricity fromrenewable sources, such as solar panels,themselves. AstrongREPSwillhelpcreatealong-term, stable market for renewable energyand efficiency. Such policies have been passed by 28 states and have proven to

beapowerfultoolfordrivinginvestmentin clean energy and successfully creatinggreen jobs. Four of Kentucky’s neighbor-ingstates–Ohio,WestVirginia,Missouriand Illinois–alreadyhavepassedsuchastandard.

Establish a Clean Energy Trust Fund to support innovative programs that help low and moderate income Kentuckians save energy and help all utility customers save money over time. A clean energy trust fund wouldprimarily finance energy efficiency im-provements in the homes of Kentuckiansmost affected by rising electricity costs.Thesekindsofinvestmentshaveproventoproducesavingsforhouseholdsandbusi-nesses worth twice as much as they cost(American Council for an Energy Efficient

Economy). Howwoulditbefunded?Onepoten-tialsourceoffundingforthetrustfundisasmallchargeofjust$.001perkilowatt-houron residential electricitybills.Thiswouldgenerate$30millionannually,whileadd-ingonly$1.22to theaveragehousehold’smonthly electric bill. If the same chargewereaddedontotheelectricbillsofcom-mercialconsumers,anadditional$22mil-lionwouldbegenerated.OhioandIllinoishave similar funds used for grants, low-interest loans, and other energy efficiency andrenewableenergyinvestments.

Establish new incentives to expand in-state renewable energy production. One such incentive used in 20 othercountries and several states is called a“feed-intariff.”

To establish feed-in tariffs, Kentuckywould set guaranteed rates for specific types of renewable energy produced in-state. Electric utilities would then berequired to purchase the energy at thoseratesfor10to20years. Byguaranteeingsaleratesandrequir-ingutilitiestopurchasetheenergy,feed-intariffs lower the financial risk to folks who want to produce electricity from renew-ablesources.Producersknowexactlyhowmuch they can expect to be paid for thepower they produce and they know theyhave a buyer, making renewable energyproduction a much safer financial invest-ment.Feed-intariffswillboostrenewableenergyproductioninthestateasawholeand will also enable Kentucky communi-ties to produce locally-based renewableenergyandcreatehome-grownjobs.


Restoration of Voting Rights UpdateSinging for Democracy event lifts spirits and awareness EarlyDecemberbroughtalittlechillin the air but on the northwest side ofFayette County things were startingto heat up. An incredible 500 peoplefromacross thestategatheredat ImaniBaptistChurchinLexingtonforKFTC’sSingingForDemocracyGospelFest. The fest conceptualized as an ideatoraiseawarenessforrestorationofvot-ing rights for former felons who haveservedtheirdebttosociety. KFTCrecruitedabout40newmem-bersandbrought inmore than$500 indonations, but the real benefits of the event had to do with making so manykeyconnectionsinlow-incomecommu-nities, with churches, performers andformerfelons. “When you tell me that I can’tvote,whenI’vedoneall that I’vedonethrough drug court and more, youmight as well take out my larynx.Youleave me in a state of incompletion,”said Stephen Lyons, a Kentucky DrugCourtgraduate. Many KFTC members and alliesworkedhardtobringtheeventtogether-visitingtwodozenchurches,canvass-ing neighborhoods, putting up flyers

andinvitingfriendstotheevent. KFTC leader Tayna Fogle spear-headed the event, putting an immenseeffort into bringing together the pro-gramandpublicizingit. “Itwasanabsolutely fantasticeve-ning. We were really happy to attend.I certainly pray for success of the billandthatthisburdenislifted,”saidSuePetersonBlythe.“Someofthosesingers-actuallyallofthesingers-wereincred-ible.” Representative Jesse Crenshaw, theprimaryco-sponsorofHouseBill70(torestore voting rights to former felonswhohaveservedtheirdebt tosociety),addressedthecrowdofsupporters. “Wetalkaboutredemption.Wetalkabout people who were forgiven. Andthen, in 2009, Kentucky and Virginiakeep saying ‘we’re just going to pun-ishyoufor therestofyour life’.That’swrong.” Fogle is already talking to peopleabouthavingaSingingForDemocracyinLouisvilleandanothersmallereventinGeorgetownnextyearduringtheleg-islativesessionbetweenJanuaryandtheendofMarch.

Groups and solo musicians who performed were:Down By The Wayside (Wayside Christian Mission), Total Praise, Voices of Bethsaida, Black Phoenix Gang, Vettina People-Wright, Knucklehead Muzik, Karen Dishman, Rene Felder-Riley, Brandi (Ohio Impact Life Ministries), Jerry Moody, Elsie Speed, Jeff and Brianna Schultz (Kentucky Jail Ministries) and the Edwards Singers.

Speakers included: Stephen Lyons, Rep. Jessie Crenshaw, Kim Moore from the Change Recovery House for Women, Chloe Sergent from the Isaiah House Recovery Center, Anita Prater from the Brighton Recovery Center For Women.

Get To Know an Ally – Kentucky Jobs with Justice This is the second of a series in balancing the scales to recognize different ally organiza-tions so that all KFTC members can get to know the organizations better.

Kentucky Jobs with Justice (JwJ) was founded in 1992 when community andchurch activists joined to support UNITE! in a fight for a fair contract for workers againstLouisvilleManufacturing. JwJ has s ince grown to a coa l i t ion o f more than 60 or-ganizational members and 1,800 individual activists who have pledgedto “be there five times for someone else’s fight as well as my own.” JwJisabroad-basedcoalitionofcommunitygroups,faith-basedorganizationsandlaborunionsunitedtopromote,protectandimprovethequalityof lifeofallworkersbyempoweringindividualsandorganizationstoengageincollectiveactionforeconomicandsocialjustice. KFTCandJwJworktogetheronabroadrangeofissuesandevents,including

taxandbudget issues, thecampaigntorestorevotingrightstoformerfelonswhohaveservedtheir debt to society, and voter empowermentworktoregister,educateandmobilizepeopletovoteacrossthestate(justtonameafew). “Ithinkthey’reatremendousallytohave–we’reluckytohavetheminKentucky.JobswithJusticeisgreatatbringingthevoiceoflabortothe tablewithcommunityorganizations,”saysformer KFTC Chairperson Janet Tucker. “Oneofthestrongestrolestheyplayedthisyearwasbringing together the Kentucky Social Forum,whichwasjustincredible.”

Kentucky Jobs with Justice

Mission: to improve working people’s standard of living, fight for job security, and protect workers’ right to organize.

Members: 61 union locals and other ally groups across the state.

Locations: Across the state, but based in Louisville

Founded: 1992

Website: www.kyjwj.org

Photo credit Geoff and Sherry Maddock

LOBB

Y DA

Y! March 4, 2010 Voting Rights

Rally and Lobby Day

Contact [email protected]

for more information.

Members of Down By The Wayside


Voter Empowerment UpdateSpecial elections bring new members to state legislature OnDecember8,twostatelegislativeelectionswereheldthatslightlychangedthe138-memberlegislaturemovingintothe2010generalassembly. The 96th House district (CarterandLewis counties) is now representedby Jill York (R), who won an electionagainstBarryWebb(D). ThisseatwasvacatedwhenRobinWebbwonaspecialSenate election earlier this year, leav-ing her old seat in the House vacant. The 14th Senate district (Marion,Mercer, Nelson, Taylor and Washing-ton counties) is now represented byJimmy Higdon (R), who won the elec-tion against Jodie Haydon (D). Thisseat was vacated when former SenateMajority Leader Dan Kelly accepted

a judicial position earlier this year. This election was watched closelyfromacross thestatebecauseof itspo-tential to move towards a shift in thecontrollingpartyoftheSenate. Republicans in both races per-formedmuchbetterthanexpected,tak-ingbothseatsbycomfortablemargins. KFTCmembersacrossthestatecon-tactedmembersintheseven-countyareastoaskmemberstolearnaboutthecandi-datesandtogovoteonelectionday. Higdon’sformerHouseseat(Casey,MarionandPulaskicounties)willlikelybevacantforpartofthelegislativeses-sion that starts in January 2010, untilaspecialelectioncanbeheld toelectanewrepresentative.

December 31 is the date one must be registered to vote as a member ofthe political party in whose May 2010 primary election they want to vote. InKentucky,IndependentsandDemocratscannotvoteinRepublicanprima-ries,andIndependentsandRepublicanscannotvoteinDemocraticprimaries. Kentucky will have very competitive primaries in both the Democraticand Republican parties for the U.S. Senate race, as well as other local pri-mary races. It is important for all Kentuckians to make their voices heard. To check what party you are currently registered, contact your local county clerk, or visit the website www.kftc.org/voterinfo. To change political party affiliation for voting in partisan primaries, visit the localcountyclerkbytheendoftheirbusinessdayonDecember31,ormailinavoterregistrationcard.

Voter Registration Party-Change Deadline – December 31st

Madison members have good dialogue with Rep. Napier OnNovember23morethan20Mad-isonCountychaptermembersgatheredtomeetwithStateRepresentativeLonnieNapier. Members discussed with Rep.Napier KFTC’s 2010 legislative agenda–includingtaxreform,votingrightsforformerfelons,cleanenergypolicies,thestreamsaverbill,andKFTC’scampaignto stop the construction of a proposedcoal-burningpowerplant. Rep. Napier agreed to supportKFTC’staxreformandvotingrightsleg-islation.Additionally,heagreedtomeetfurtherwithmemberstodiscussKFTC’spolicy proposals related to increasingenergy efficiency and renewable energy optionsinthestate. “ I thought i t was a goodmeeting.Rep.Napieragreedonalotofourissuesandwasalsorealisticwithusaboutwhatthesessionmayhold,”saidMadisonCountymemberMeganNase-man.

Thechapter’smeetingwithNapierwas part of a series of at-home lobbymeetingsthechapterheldleadinguptothe2010legislativesession.Rep.HarryMoberly met with the chapter in Au-gust,andSenatorEdWorleydeclinedtomeetwiththechapterinthedistrict. TheMadisonCountychapterisalsohosting a citizens’ lobby training onJanuary 21 in Berea to prepare for the2010legislativesession. Participants at this skill-buildingworkshop will learn some of the “insandouts”ofeffectivelobbying,hearsto-riesfrommemberswhohavewonlegis-lativevictories,andlearnhowtolobbyforthe2010statelegislativesession. The workshop is free and open tothepublic.ItwillbeheldonJanuary21startingat7p.m.attheBereaPublicLi-braryonChestnutSt.Formoreinforma-tion,[email protected].

Madison County Citizen Lobby Training -- Ever wonder how to get the ear of politicians who are supposed to be representing you? Want to learn how to make sure the voices of regular, everyday people are being interjected into the policy debate? Join us at this skill-building workshop to learn some of the “ins and outs” of effective lobbying, hear stories from members who have won legislative victories, and learn how we can lobby in the 2010 state legislative session to build more power. You don’t need a suit, cigar, or fancy brief-case for this workshop – just your own voice and a belief that a better Kentucky is possible! Join us on Thursday, January 21 at 7 p.m. at the Berea Public Library. Madison County members took advantage of the slow period before the 2010

legislative session to meet with their representative, Rep. Lonnie Napier.


Steering Committee evaluates 2009 and looks ahead to 2010 On November 6 and 7, the newlyelectedKFTCSteeringCommitteegath-ered inMoreheadfor itsannual leader-shipretreat. After an orientation to the SteeringCommittee,membersevaluatedKFTC’swork over the last year. Highlights in-cluded:

• The EKPC/Stop Smith Campaignincluding good ally work, thoughtfulresearch, and some good media hits;

•KFTC’spresenceatrecentcoaleventsincludingtheArmyCorpsofEngineers’hearinginPikevilleinOctoberandUK’sForum on Coal in November;

•LocalworkgoingoninHarlanCounty,especially related to finding alternative economic and energy options for thearea;

•Recentconversationswithminersandcommunity members at events like theBlack Gold Festival in Hazard;

• The Voting Rights Campaign and allthe momentum that’s been built, espe-cially in Georgetown, where membersare putting lots of pressure on SenatorDamonThayer,whohasheldthebillincommittee;

• The formation of the Kentucky Sus-tainable Energy Alliance and the waythealliancehasbeenbuilttoincludeaneconomic justice perspective;

•RandyWilson’scampaignforhislocalelectric co-op board;

• KFTC’s work to develop an Appala-chianTransitionplan.

Reflecting on all the good work,KFTC Chairperson K.A. Owens of Jef-fersonCountynoted,“IthinkKFTChassomethingtoofferpeoplenotonlyintheU.S. but around the world about howwe do grassroots organizing and tryto shape the communities in which welive.” The committee also made note ofareas in which the organization couldstrengthentheworkinthecomingyear.Theseincluded:

• Provide more support for new andemerging chapters;

• Increase the number of KFTC Sus-taining Givers — folks who contributewhatevertheycanaffordonamonthly,

quarterly or annual basis;

• Continue to build the EKPC/StopSmith Campaign;

•ContinuetodeveloptheAppalachianTransitionInitiativesothatwecanpro-vide a better vision for the coalfields;

•Engagemoreleaders intheeconomicjustice work;

•Worktogetmoremembersinvolvedintheworkonamoreregularbasis.

After evaluating 2009, the SteeringCommittee turned itsattention toplan-ning for 2010. They discussed the pro-gramofworkforthecomingyearandacorrespondingbudget. For several months, the SteeringCommittee and other leadership com-mittees (including the Finance andPersonnelcommittees)havefocusedat-tention on the financial outlook for 2010. The nonprofit community has not been isolated from the recession. As such,many organizations, including KFTC,are facing a challenging budget year in2010asgrantincomegetshardertocomeby. KFTC’s leadership studied the op-tionsforfacingthebudgetchallengeanddecided to turn the challenge into anopportunity to build power and makeKFTC more sustainable over the nextfive years. In doing so, the Steering Commit-tee approved the New Power LeaderProgram–thenextevolutionofKFTC’sorganizingmodel.Itinvolvessubstantialleadership development and is funda-mentallyaboutaskingalittlemorefromhundredsofKFTC’sgrassrootsmembersand providing the support these mem-bersneedtosucceed. “If we want to grow and have animpact, we need a foundation and thiscan provide that foundation,” said SueTallichetofRowanCounty. Through the New Power Leaderprogram, in 2010, 250 (or more) KFTCleaders will commit to building newpower and getting clusters of theirfriendsandneighborstojointhem.NewPowerLeaderswillincreaseKFTC’svis-ibility, strengthen campaigns, get morepeople to take action, and help KFTCraisefundstobecomemoresustainableoverthelongterm. “Thiswilltakeusplaceswe’veneverbeenbefore,”saidTrumanHurtofPerryCounty. Steering Committee members ap-

proved a draft budget for 2010. In do-ing so, they committed to a significant majordonorcampaignforthenextyearthat will raise substantial new moneyfor KFTC’s work to stop mountaintopremoval. Between now and the January 30meeting, the Steering and Executivecommittees will continue to refine the New Power Leader program and bud-get.MoreinformationaboutbecomingaNewPowerLeaderwillbeforthcoming. Inotherbusiness,theSteeringCom-mitteeapprovedcommitteenominationsforthecomingyear,extendedtheKFTCCanary Fellow position for two years,

andmadepermanentthestaffresearcherposition,whichhasbeeninplacetempo-rarilyoverthelastyear. Reflecting on his first SteeringCommittee meeting, Central KentuckyAlternate Matt Heil said, “I’ve alwaysbeenimpressedwithKFTCbutamevenmoreimpressedafterthisweekend.TheSteering Committee does a lot of goodlong-term,forwardthinking.”A special thanks to the Rowan Countychapter for hosting the Steering Com-mitteemeeting,includinghousingSteer-ingCommitteemembersandprovidingsuchgreatfoodfortheweekend!

KFTC News Briefs KFTCandtheHighlanderResearchandEducationCenterinNewMarket,TNwillworktogetherinthenewyearonanartsprojecttoadvanceKFTC’sVotingRightsCampaign.TheprojectcameaboutafterHighlanderawardedKFTCaZilphiaHortonCulturalResidencyslot. Highlander’ssupportwillallowanartisttoworkwithKFTCtoincorpo-rateartisticandculturalelementsintothevotingrightscampaign.Highland-er’sculturalprogramencouragesandsupportsculturalworkthatenhancessocialchangeorganizing. Since 1932, the Highlander Center has played important roles in theSouthern labor movements of the 1930s, the Civil Rights Movement of the1940s-60s,andtheAppalachianpeople’smovementsofthe1970s-80s.Duringthe1930sand1940s,ZilphiaHortonmademusicandotherformsofcultureacentralpartofHighlander’slabororganizing.

****** SomeKFTCinformationmadeitswaytoCopenhagenthismonthfortheUnitedNationsConventiononClimateChange.LouisvillememberChristyBrownmadesuresomeofthedelegatesattendingtheinternationalgatheringreceivedcopiesofPlunderingAppalachia,thelarge-formatbookthatvividlyillustratesthedestructivenessofmountaintopremovalcoalmining.Accom-panyingthebookwasinformationfromKFTCthatnotedthepublichealth,economicandenvironmentalconsequencesofourdependenceoncoal. Theeffortispartofalargercampaigntoinjectanunderstandingoftheimpactsoftheentirelifecycleofcoalintotheclimatechangediscussionandaction. LearnmoreaboutPlunderingAppalachiaatwww.plunderingappalachia.org.CopiesofthebookareavailablefromKFTC($40)andlocalindependentbookstores.

***** KFTC’sDecember6 fundraiserat the21cHotel andMuseum inLouis-villewithKentuckywritersandmusicianswasoneofKFTC’smostsuccess-fulfundraisersever.AdedicatedteamofJeffersonCountychaptermembershelpedassurethissuccess. LedbySarahJanePoindexter,theteamgatheredanamazingarrayofdo-nateditemsforasilentauction.Contributionscamefromlocalartistsandlocalbusinesses and included original paintings, jewelry, gift certificates, music, eventticketsandmuchmore—morethan70itemsinall. Biddingwasopenforabouttwohoursduringtheevent.Byevening’sendthesilentauctionraisedmorethan$5,000forKFTC.


Calendar of EventsJan. 7 Pike County chapter meeting, 6 p.m. at the Pike County Public

Library in Pikeville.

Jan. 7 Harlan County chapter meeting, 6 p.m. at Southeast Community College Appalachian Center, Cumberland.

Jan. 11 Floyd County chapter meeting, 7 p.m. at St. Martha Catholic Church near Prestonsburg.

Jan. 11 Scott County KFTC meeting, 6:30 p.m., Ed Davis Learning Center, Georgetown.

Jan. 11 Jefferson County chapter meeting, 6:30 p.m. at the KFTC office in Louisville (901 Franklin Street).

Jan. 12 Letcher County chapter meeting, 6 p.m. at the KFTC office in Whitesburg.

Jan. 16 Land Reform Committee Meeting, 10:30 a.m. - 4:30 p.m., Catholic Church in Hazard. Contact Kevin for more information [email protected].

Jan. 19 Norther Kentucky KFTC meeting, 7 p.m., Boone County Library, Main Branch, Burlington.

Jan. 19 Perry County chapter meeting, 6 p.m. at Hazard Community College vocational education building, room 116.

Jan. 19 Bowling Green chapter meeting, 6:30 p.m. at Kaleidoscope Office on Durbin Street.

Jan. 20 Bake Sale For The Budget, Frankfort Ky, Contact Jessica Hays for more information, [email protected].

Jan. 21 Central Kentucky chapter meeting, 7 p.m. at the Episcopal Diocese Mission House (on the corner of Martin Luther King Blvd. and 4th Street) in Lexington.

Jan. 21 Rowan County chapter meeting, 6 p.m. at St. Alban’s Episcopal Church on 5th Street in Morehead.

Jan. 21 Knott County chapter meeting, 5:30 p.m. at Hindman Settlement School.

Jan. 25 Madison County chapter meeting, 7 p.m. at Child Development Lab on Jefferson St., Berea.

Jan. 30 Steering Committee Meeting. Contact Heather for more information. [email protected].

Feb. 6 I Love Mountains Old-time Music Showcase at Al’s Bar, Lexington. Music starts at 8 p.m.

Feb. 11 I Love Mountains Day in Frankfort Ky, visit www.kftc.org/love for more information about the parade and rally, a schedule of events and to register.

Mar. 4 Voting Rights Rally and Lobby Day, Frankfort Ky, email Dave for more information [email protected]

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al Walk Away From Coal Toward a Sustainable FutureStarting the night of Feb. 8 at 6 p.m.

Lexington Friends Meeting 649 Price Ave.Lexington, Ky 40508

We will have a pot luck dinner and share with the community on why we walk.

Come Walk With Us!Sunday Feb 9: Start at 8 a.m. at Triangle Park in Lexington and walk toVersailles Ky (12.8 miles).

Monday Feb 10: Start at 8 a.m. Versailles and walk to Frankfort Ky (15 miles).

Tuesday Feb 11: Start at 11 a.m. with KFTC at the Kentucky River View Park and walk to the Capitol (1 mile).

If you are interested in joining us or have any questions about this event please contact:

Lexington: Todd Kelly

859-333-3794

Louisville: Sam Avery

502-741-6944

Footprints For Peace: Larry Crane

859-229-9472

KFTC 2010 Lobby DaysDuring the general assembly KFTC members are in Frankfort lob-

bying legislators on Tuesdays, Wednesdays, and Thursdays.Additionally, during the session there are bill focused lobby days that are used to turnout as many citizens as possibly to lobby and

rally on behalf of a certain bill or policy.

The major lobby days for 2010 are:

January 20: Bake Sale for the Budget and lobby day about tax reform - Come help relieve Kentucky’s projected $160 million

budget deficit one cookie at a time! If that strategy doesn’t work, we will spend the rest of the day sending lobby teams to talk to

legislators about passing progressive tax reforms that raise revenue in a fair an equitable manner. More details at www.KFTC.org.

February 11: I Love Mountains Day - Come march on the capitol steps in support of the Stream Saver Bill along with hundreds of friends and allies. We have already lined up a number of great

speakers and musicians for this exciting day of action. Visit www.kftc.org/love to learn more and sign up to attend!

March 4: Voting Rights Rally and lobby day - Join us for a day of lobbying and a rally in the Capitol Rotunda for the Voting Rights

amendment.


I Love Mountains DayFebruary 11, 2010

Protect Kentucky’s Land, Water and People!Thursday February 11th, State Capitol, Frankfort, Kentucky

More than 1400 miles of Kentucky streams have been buried or significantly damaged by valley fills from mountaintop removal and other coal mining

practices. Help us demonstrate the scale of this destruction and show support for protecting clean water.

SAVE THE DATE! www.KFTC.org/Love

Watch a video from 2009 to get pumped up www.kftc.org/rallyvideo

Please hang this flyer in a public space!

Tentative Schedule:Visit www.kftc.org/love for more details

8:30 – 10:30: Visits with legislators

10:30 – 11:30: Gather at the river

11:30: Begin march up Capital Ave. and around Capitol

12:20 – 12:30: Music on the Capitol steps

12:30 – 1:15: Rally on the Capitol steps

Following the rally we may have meetings with legislators and other key decision makers.

balancing the scales - december 2009

Documents

power plant permit kftc

kftc member mckinley

kftc steering committeek

coal companybalancing

chair kentuckians

animportant year

scales volume

new balance of power