balancing the scales Volume 29 Number 4 June 9, 2010

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Inside...Personal investing without supporting coal or “clean coal”

Same Story, Di� erent Holler: Deep Down joins other documentary � lms

Mine Safety: Now is the time to make improvements

Local rural electric cooperatives: Trying to “open the loop”

KFTC endorses the Rural Energy Savings Program Act

KFTC members continue to impact Kentucky elections

Special legislative session: Nothing special about it

balancing the scales, June 9, 2010Page �

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)

Scott Goebel (Northern Kentucky)Randy Moon (Perry)Vanessa Hall (Pike)

Sue Tallichet (Rowan)Rosanne Klarer (Scott)

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

Kentuckians For The CommonwealthP.O. Box 1450 London, Kentucky 40743­1450

606­878­2161 Fax: 606­878­5714info@kftc.org 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 tim@kftc.org. Subscriptions are $20 per year.

Table of ContentsLetters to the EditorPersonal investing without supporting coal or “clean coal” page 3KFTC members run with new vision for rural cooperatives page 4

Local UpdatesPersistence paid off for McKinley Sumner against ICG page 5Members had one “hail” of a time at a Madison County friendraiser page 5Harlan County communities receive national attention page 6Same Story, Different Holler: Deep Down joins other documentary films page 7

Economic Justice UpdateSpecial legislative session: Nothing special about it page 8Kentucky Forward rallies to start session page 8

Canary Project UpdateMine Safety: Now is the time to make improvements page 9Mining enforcement coordination between state and federal agencies improving page 10KFTC coal and energy meeting with the governor page 12Take action to stop hazardous coal ash from threatening the lives of Kentuckians page 13Community members organize and speak out against a proposed coal ash landfill page 14

Rural Electric Cooperative UpdateKFTC members continue to organize for the demise of the EKPC Smith power plant page 15Local rural electric cooperatives: Trying to “open the loop” page 15

High Road Initiative UpdateCentral Appalachia residents envision a sustainable future at Sustainability Symposium page 16KFTC endorses the Rural Energy Savings Program Act page 16Richard Levine: Kentucky’s own solar power pioneer page 17

Voter Empowerment UpdateKFTC members continue to impact Kentucky elections page 18

Steering Committee welcomes two new chapters and reviews progress around coal and energy page 19

Cover Photo: Central Kentucky KFTC member Janet Tucker participated in the Kentucky Forward Coalition rally held on the opening day of the “Special” Legislative Session.

On Friday May �1, KFTC, along with partners Heine Brothers’ Coffee and Carmichael’s Bookstore hosted the Second Annual Louisville Loves Mountains Festival. Despite off and on (and then really on) showers, hundreds of community members showed up in force to celebrate an appreciation for the land, water and people of eastern Kentucky. Musical acts ranging from bluegrass to a drum line captivated the audience in between speeches from Congressman John Yarmuth and KFTC member Randy Wilson. To close out the night, KFTC members Daniel Martin Moore, Ben Sollee and Jim James took the stage (at new location due to rain) and continued to entertain the crowd until well into the morning. Through t-shirt sales, membership recruitment and donations by local businesses, more than $3,500 was raised to help support KFTC. Additionally, Heine Brothers’ Coffee launched a new fundraising project to try and raise $�5,000 for KFTC in the coming year. For more information visit page 4.

balancing the scales, June 9, 2010 Page 3

e-mail any staff member at firstname@kftc.org except for Jessica Hays Lucas use jessicabreen@kftc.org and

Brittany Hunsaker use brittanyh@kftc.org

KFTC Offices and Staff

LouisvilleJessica George,

Jerry Hardt, Colette Henderson,

Shameka Parrish­Wright and Nancy Reinhart901 Franklin StreetLouisville, Ky 40206

502­589­3188

Bowling GreenPatty Tarquino606­335­0806

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 Lucas, Erik Hungerbuhler, Brittany Hunsaker,

Heather Roe Mahoney, Dave Newton

and Ondine Quinn250 Plaza Drive, Suite #4

Lexington, Ky 40503859­276­0563

Northern KentuckyJoe Gallenstein859­380­6103

WhitesburgWilla Johnson, Tanya

Turner, and Colleen Unroe P.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: 606­878­5714info@kftc.org

FIELD OFFICES

Letters to the EditorPersonal investing without supporting coal or “clean coal”

by Deborah Denenfeld

If you have money invested in a mutual fund, perhaps through your IRA or other retirement vehicle, you may unknowingly be a partial owner of a coal company. After participating in the Louisville “Green” Pilgrimage I vowed to do more for our environment and began researching where I could put my retire-ment money while not adding to the devastation of our mountains through mountaintop coal removal. I began with the web site www.socialinvest.org and researched every company and fund listed which was open to private investors and required only a mod-est investment. I contacted each company and asked if they offered a mutual fund that would not ever invest in coal or “clean coal.” The results of my research were surprising. Some major funds known for socially responsible investing still invest in coal companies. Some limit themselves to those who use “clean coal” technology. Others rate the coal companies by how forthcoming they are about their efforts to clean up their own self-generated pollu-tion. Onlyfivecompanieshavemutualfundsthatruleout coal. They are listed here in alphabetical order. I quote the focus of the fund, as stated on www.socialin-vest.org, where earnings information is available. Appleseed Fund. 800-470-1029. “The Appleseed Fund excludes companies that derive material revenues from tobacco products, alcoholic beverages, gambling, weapon systems or pornography. The Appleseed Fund’s holdings are also screened for environmental performance, labor standards and human rights.” Calvert. The Alternative Energy Fund only. New in 2007. 800-368-2748. Domini. All Domini Funds exclude coal. 800-762-6814. “Domini seeks to identify stocks of companies that on balance contribute positively to the creation of a prosperous, fair, healthy, and sustainable society — by developingproductsthatareinnovative,efficient,andsafe; by adopting business practices that preserve our environment and protect human dignity; by investing in a diverse, fairly compensated workforce; by commu-nicating openly with their stockowners and communi-ties; and by establishing strong, transparent corporate governance.” Green Century Balanced Fund and Green Century Eq-uity Fund. 800-934-7336. “Environmentally responsible mutual funds foundedbynonprofitadvocacyorgani-zations. The Balanced Fund invests in the stocks and bonds of companies with clean environmental records. The Equity Fund invests in the stocks of the environ-mentally and socially responsible Domini 400 Social In-dex. The Funds are committed to shareholder activism as a critical component of responsible investing.”

Integrity Growth and Income Fund. 800-276-1262. Fundsarestatespecific.Theyinvest intaxfreemu-nicipal bonds, never coal. “We look for clean energy companies, for example, instead of simply screen-ing out dirty energy... We do our best to avoid the following types of companies: companies that put human lives at unnecessary physical or moral risk; companies that treat their employees in any way we

would not wish to be treated; companies that appear to have a self-interested management team; compa-nies that do not walk as lightly as possible upon the Earth; companies that cause unnecessary suffering to animals;andcompanies thathaveasignificantpartof their business in alcohol, tobacco, pornography, or gambling....”

In a few minutes you can transfer your money to one of these funds and rest easy tonight, knowing you are helping to contribute to a cleaner, more beau-tiful Earth.

Montcoal A poem by Victor Depta, Frankfort

such an old grief coming to us in the evening news as if, across a gulf, an emptiness in a place called West Virginia was death again where no roots are so deep or mechanical or liable to maiming as men are delicately limbed— that old grief again predictable almost, in the newscasts as a comfort of repetition as ballads are wherein women weep and wipe their tears men mumble the inexpressible and choke and look away and everyone old-fashioned as a quatrain prays in that old refrain for men who grime themselves underground for a wife or a child exposed there in the stony chambers to the explosion bruised and burnt beyond breath in the sudden yellow and orange blast in Appalachia, in that age-old song as if it were a ballad about death

KFTC member Victor Depta is a publisher at Blair Mountain Press in Frankfort. He was born and raised on Buffalo Creek, WV, where his uncle and five cousins drowned in the massive coal pond flood disaster in 1972.

balancing the scales, June 9, 2010Page 4

Heine Brothers’ Coffee in Louisville has partnered with Hound Dog Press to produce a beautiful letter pressed coffee bag to help raise money for KFTC.

For every bag purchased of Mountain Dream Blend,

KFTC will receive $5!

“We want to raise $�5,000 this year for KFTC and we will do this because we do good by doing right!”

Mike Mays, Heine Brothers’ Coffee

Visit heinebroscoffee.com to purchase your bag today!

(or stop by one of their 7 Louisville locations)

Letters to the EditorKFTC members run with new vision for rural cooperativesDear Friends, I am running for the board of Owen

Electric Cooperative by petition — opposing a woman who has been on the board from some time. Last year I discov-ered that I could not

attend the board meetings of my coop-erative because it has a closed-meeting policy. I appealed to the board to open their meetings, but they refused. So I’m seeking a seat on the 7-member board where I can not only get in-depth infor-mation about how the co-op is run, but also have a vote on the board’s decisions. As a board member, I will strive to make the co-op more open and demo-cratic by introducing a Members’ Bill of Rights. I’ll also promote a stronger ap-proach to helping members improve the energyefficiencyoftheirhomesandbusi-nesses and a more aggressive approach to transitioning into more renewable sources of energy — to protect members from rising energy costs, to protect their health, and to create local jobs. Many of you are aware that East Kentucky Power Cooperative, which is owned by Owen Electric and 15 other distribution co-ops, is still planning to

buildtheSmith1coal-firedpowerplantinClarkCountyevenasitsfinancesareindisarray and the abilities of its manage-ment and board have been severely ques-tioned by an audit which was mandated by the Public Service Commission. The audit indicates that this situation threat-ens the economics of our whole region and calls for new leadership and fresh ideas from the grass roots of the co-ops. I am joined in all of these positions by Dallas Ratliff, a KFTC member from Scott County who is also facing a long-time incumbent. Dallas and I are examples of the new leadership stepping up from among the co-op membership to reform the co-ops. I appeal to you to help us win the election which will take place at the co-op annual meeting, Friday, June 25 at Grant County High School in Dry Ridge. Only Owen Electric members can vote — only in person and only one vote per house-hold. The counties served by Owen Elec-tric are Boone, Kenton, Grant, Owen, Pendleton, Campbell, Gallatin, Scott and Carroll counties. If you have friends who are Owen Electric members and are will-ing to attend the meeting and vote for us, please put them in touch with us or send us their contact information (name, ad-

Recruit One New Member and Help KFTC Grow To Be �5,000 Strong!

I want to help KFTC build power! Name:

Address:

City, State Zip: Phone:

Email:

I wish to make my donation to the following organization (check one):____ KFTC (not tax-deductible) ____ Kentucky Coalition (tax-deductible)

Bank Withdrawal/Credit Card Payment Authorization: I authorize KFTC/KY Coalition & Vanco Services, LLS to debit my account or charge my credit card in accordance with the information provided. I understand that this authority will remain in effect until cancelled or changed by reasonable notification to KFTC/KY Coalition.

Who asked you to join KFTC?

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

Authorized Signature: ___________________________ Date: _____________

Circle one: Mastercard Visa American Express Discover

Card # __ __ __ __ - __ __ __ __ - __ __ __ __ - __ __ __ __

Expiration date: ___ ___ / ___ ___

Cardholder’s name (as it appears on the card):

_____________________________ Date: ____________

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.

dress, phone and email) so we can remind them when the date nears. Another way you can help us spread the word is via our Facebook pages:

Tona Barkley for Owen Electric BoardDallas Ratliff for Owen Electric Board

Also, if you wish to help with our

campaign in other ways, we can give you some options to choose from. You can contact me at tonabarkley@gmail.com or 502-320-3275. Thanks so much!

Tona BarkleyOwenton, Kentucky

balancing the scales, June 9, 2010 Page 5

Local Updates

Keep up to date atwww.kftc.org/blog

Persistence paid off for McKinley Sumner against ICG In August 2006, McKinley Sum-ner’s family land in Perry County was trespassed on, mined and literally stolen (part of it was gone) by Interna-tional Coal Group. After many years of Sumner bringing attention to his situ-ation and the problem of mountaintop removal, the ICG finally replaced thestolen land and replanted the trees on the area that was not pushed over the cliff. When ICG first started to come towards Montgomery Creek years ago, Sumner wanted to make sure that they didn’t affect his property because he had trouble with them on George’s Branch, Sumner’s parents’ land. He spent several thousand dollars to have a land survey done to make sure the property boundaries were clearly marked and told the company that he didn’t want them on his property. But a short time later, Sumner caught ICG in the act of stealing part of his land. The company reported to the state that it had gotten on the land by mistake. “They just tried to use that as an

excuse. It was no mistake; it was done deliberately,”Sumnerreflected. With a lot of persistence and a lot of negotiations with the help of the Appalachian Citizens’ Law Center, the Sumner family got an agreement with the company to address the problems. During that process, the company tried to put stipulations on the agreement to prevent McKinley from sharing his story, with which he would not agree. Part of that agreement required the company to plant trees and replace the soil. They told Sumner that they were going to do it both last fall and earlier this year. “There were many, many groups of college students, religious folks, and others that came to the mountain. I exposed the situation in a way that I could. I talked to news reporters and politicians including Rep. Yarmuth,” Sumner shared. After Sumner brought it to the at-tention of the commissioner of the Ken-tucky Department of Natural Resources and multiple elected officials that thereclamation had still not been com-

pleted,thecoalcompanyfinallyplanted60 white oak trees on the section of land destroyed. If the trees don’t take root over the next year, the company com-mitted to replant the trees. “I think when things got started, you thought the company thought that

Representatives from International Coal Group (ICG) planted 60 white oak trees on McKinley Sumner’s property in Perry County.

you were just going to keep quiet and go away, but I just kept right on going, and I had a lot of people helping along the way. It was really a surprise, but it wassogreat tofinally see itdone. I’mglad I didn’t give up because you can getsomethingdone,”Sumnerreflected.

Members had one “hail” of a time at a Madison County friendraiser On May 15 more than 70 KFTC members and friends came together in rural Madison County to enjoy some friendship, food and fun. The “Friend-Raiser” is held at least once a year by the chapter to encourage new faces to have a fun and informal in-troductiontoKFTC,raisefinancialsup-port for KFTC, and celebrate the work that members do all year long. This year’s “Friend-Raiser” in-cluded locally-raised pork BBQ, a de-licious potluck, music from a popular local band, corn hole and other yard games, and a silent auction to raise

money. A big thanks to Nathan and Jessa Turner for donating the use of their wonderful farm at HomeGrown Hide-Aways (www.HomeGrownHideAways.org) for the “Friend-Raiser.” This year’s “Friend-Raiser” even include a bout with a hail storm – where the event had to be paused in the middle so that everyone could huddle under the pavilion and wait for the thunder-storm and golf-size hail to pass. Thank-fully, everyone was safe from the severe weather and returned to partying once the storm passed!

Vanessa and Charlie Hall in Seco, along with the Itty Bitty Seco Committee, did a great job hosting a local candidate forum before the primary election. Candi-dates met with citizens and answered prepared questions and took questions from the crowd.

Candidates included Danny Webb, Sheriff; Ellis Keyes, County Judge Executive (CJE); Lisa Johnson Tackett, CJE; Gerald Baker, CJE; Harold Bolling, County Attorney; Frank Riley, District Judge; Codell Gibson, Magistrate District 3.

balancing the scales, June 9, 2010Page 6

Local UpdatesHarlan County communities receive national attention The National Trust for Historic Preservation has named Black Moun-tain and the surrounding communities of Benham and Lynch one of the 11 Most Endangered Historic Places in the United States for 2010. The Harlan County communities were the only Kentucky location se-lected for the list, which also includes an African American church in Wash-ington, D.C., a parkway in Connecticut, and state parks and state-owned his-toric sites. Since the announcement May 19, the listing has attracted national me-dia attention. To read more, visit www.preservationnation.org/11most. Black Mountain is the highest peak in Kentucky, at more than 4,000 feet. With diversity greater than virtually any other section of the U.S., it harbors a northern hardwood forest with at least 54 species of rare and endangered plants and animals, including red el-derberry, Turk’s cap lily, and the Black Mountain dusky salamander. Benham and Lynch, located at the base of Black Mountain, were estab-lished as company towns by the coal industry nearly 100 years ago. Proud of their coal mining heritage, the two small towns are now looking to create a more diverse economy anchored by tourism, clean energy and sustainable local jobs.

But these plans are at risk from proposed strip, auger and deep mining that threaten the beauty and ecology of Black Mountain, the local water supply, historic buildings, the quality of life, and the potential for new economic de-velopment. “The Lynch City Council voted unanimously in support of this desig-nation,” said Bennie Massey, long-time council member and retired UMWA coal miner. “Destroying the water will cost way more than what that block of coal is worth. If they’re going to mine the coal, mine it underground away from communities. This designation will help us protect our water supply and other resources.” “Benham and Lynch are living il-lustrations of the cultural and historic significance of the Appalachian coal-fields,” saidRichardMoe,presidentofthe National Trust for Historic Preser-vation. “If mining is permitted on and around Black Mountain, the quality of life in two communities will suffer, local economic development will be stifled,and the mountain’s scenic beauty will be forever changed. While it’s true that coal built these towns, coal shouldn’t be allowed to destroy them.” For decades the community has worked to protect Black Mountain from various forms of coal mining. In the late

1990s, KFTC members and other resi-dentsfiledaLandsUnsuitableforMin-ing Petition and succeeded in convinc-ing the state to purchase the timber and coal above 3,200 feet, thereby protecting

the upper elevations of Black Mountain from mountaintop removal and log-ging. But below that level, the mountain is vulnerable to strip and deep mining. Several mining permits are pend-ing, and hundreds of local people have taken action in the past year to prevent the mining. To get involved, visit www.kftc.org and click on the button on the

Bowling Green members organize around renters’ rights

home page. The National Trust for Historic Preservation is a nonprofit organization bringing people together to protect, enhance and enjoy the places that matter most to them. America’s 11 Most Endangered Historic Places has identified more than 200 threatened one-of-a-kind historic treasures since 1988.

Bowling Green KFTC members are working to build power in the community through voter empowerment and through local organizing around tenants’ rights. During the primary election members took the opportunity to have a conversa-tion with community members about what it means to both participate in the voting process but to also use the oppor-tunity to create change within the local political system in Bowling Green. Members have continued to organize around the Uniform Residential Landlord and Tenant Act (ULTRA), which protects renters all over the nation from unfair and unjust treatments from landlords. How-ever, local municipalities must opt into the act and currently those in power in Bowling Green feel a proper system is cur-rently in place without having to adopt ULTRA.

Community members tell a different story.Thisisastorythatisnotspecifictojust one section of town but more of a sys-temic problem. Renters near Western Ken-tucky University campus and those who live on the west side of Bowling Green are witnessing firsthand how landlords takeadvantage of tenants. “Something needs to be done about it, because people are a lot worse off in other places in Bowling Green from other land-lords,” said Megan Rorex. “It’s not just this one guy. If they [tenants] can’t speak out then other people should.” Rorex rented an apartment near cam-pus that became infested with cockroach-es and bed bugs. She leased the space for just two months however was only able to sleep in the space for less than a week. The bedbugswere sobadone specificnightthat Rorex found herself sleeping in her

car. The landlord failed to properly exterminate the infestation and after Rorex moved out he continued to show theapartmentforrentwithoutfixingtheproblem. “Just because I’m in college I didn’t feel like I was taken seriously,” said Rorex. “I tried to be professional about it and I was trying to take the right steps and I felt that he was taking advantage of my kind-ness and that he felt I wasn’t going to try and do anything about it.” Lindsay Filiatreau’s situation is simi-lar. She and her roommates had a multi-tude of problems ranging from bedbugs to the landlord failing to pay the gas bill , so they were without heat for a week in March. Filiatreau and her roommates occu-pied the space for four months and even-

tually received a rent reduction of $45 per person. However, the problems were neverfixed. Without adopting ULTRA and con-tinuing to use a broken system of account-ability for landlords, tenants will continue to suffer unfair treatment. Those without a voice or course of action are often evict-ed or just continue to live in unsafe and unfair housing conditions. KFTC members want to help improve the community that they live in. They want the city to be known for the positives and not the negatives. In order to create this change, members continue to build power within the community by hosting public events and recruiting members. Additionally, members will continue to work hard to register voters and to have an impact on the general election in No-vember.

balancing the scales, June 9, 2010 Page �

Local Updates

by Lora Smith

Agroupofsociallyresponsiblefilm-makers recently gathered in Bolinas and Berkley, California, to collaborate on the powerful art of storytelling as a tool to create change at the grassroots and na-tional level for a clean energy future. The five-day retreat, “Reel Engage-ment for the Energy and Natural Resource Revolution” was sponsored by the Fledg-ling Fund, Chicken and Egg Pictures, and Working Films to bring together filmsfrom around the world that collectively tell the story of extractive industries, dirty fuels, and the catastrophic impacts of global climate change while offering narratives of hope for a people-powered clean energy revolution. TheKFTCpartneredfilmDeepDownwas invited to participate as one of seven filmsfocusedonenergy. Deep Down co-directors Jen Gilomen and Sally Rubin came to Kentucky in 2007 tobeginproductiononafilmthatfollowsthe story of KFTC members in Maytown as they organize and successfully defeat a mountaintop removal coal mining permit andcoalhaul roadpermit.Thefilmhadits broadcast premiere on KET (Kentucky Educational Television) in April. Lora Smith, a former KFTC staff person and now the film’s CommunityEngagement Director, and Gilomen at-tended the retreat and brought the story of KFTC’s organizing efforts to a new audience of filmmakers, media experts,funders and activists. The retreat offered a time to craft strategies to bring stories of the pending energy crisis and the potential for a real energy revolution to the mainstream via the work of grassroots groups, national broadcasts, social media networks and community screenings and festivals. Gilomen was moved by Deep Down’s place among the collection of powerful films.“Itfeelslikeourfilmandthestoryof Maytown has now entered into this much larger world of stories about global climate change and our energy future.” Jennifer Redfearn, director of Sun Come Up,afilmthattellsthestoryofcli-matechangerefugees,feltthefilmcollec-tive is an important step in the larger cli-matemovement.“Eachfilmisaddressinga particular piece of the issue. As a whole

Same Story, Different Holler: Deep Down joins other documentary films to link stories from KFTC with stories from the national climate movement

they do so much more,” she said. Thefilmmakers agreed that anyonefilm is not enough to support a move-ment, but together they make a compel-ling argument that traces the narrative arc from the true cost of coal to the global impact of climate change on some of the world’s most vulnerable populations to clean energy solutions that already exist and are within reach. More importantly, they show the in-terconnectedness of the problems, impact-ed communities and possible solutions. For instance,Redfearn’sfilmfollowstherelocationofsomeoftheworld’sfirstenvironmental refugees, the Carteret Is-landers – a community living on a remote islandchainintheSouthPacificOcean. Forced to leave their homeland due to rising sea levels and discarded as a sacri-ficialpeoplefortheworld’senergyneeds,the Cateret Islanders’ story resonates with storiestoldbyKFTCmembersfightingtosave their own home places from moun-taintop removal mining. After seeing Deep Down, Redfearn was struck by the relationship of the stories. “There are so many similarities between the loss of land, culture, and his-tory.” OtherfilmsincludedSplitEstateandGasland about gas drilling in the western and eastern United States, Dirty Busi-ness about the future of coal, When Two Worlds Collide about an indigenous lead-erfightingoilandgasexploitationinthePeruvian Amazon, and Cape Wind about the controversial wind project recently ap-proved in the Nantucket Sound.

The filmmakers were joined duringtheir retreat by organizers and representa-tives from 1SKY, 350.org, The Ella Baker Center for Human Rights and MIT Center for Future Civic Media who sat in on col-laborative meetings. The week culminated in a screen-ing and strategy session between the filmmakers, Natural Resources DefenseCouncil and Sierra Club along with smaller grassroots groups and funders tofigureout thewaysandmeans tousethesepowerfulfilmsformovementbuild-ing, leveraging media attention to the issues, affecting legislation and educating the general public. Peter Bull, director of Dirty Business, afilmthattakesonBigCoalwiththehelpof author Jeff Goddell, hopes grassroots groupslikeKFTCwillusehisfilmtoedu-cate their legislators and policy makers about the facts behind proposed “clean coal” technology. Bull described the retreat as a success-ful collaboration and a “revolution” in thinking about how to use media to create the changes we need to see in climate leg-islation. Allofthesevenfilmshavesomethingto offer as KFTC members educate legis-lators and neighbors about the environ-mental justice issues surrounding energy production. Theretreatmarkedthefirstofmanysteps for these filmmakers,working col-laboratively with the help of Working Films, to give organizations like KFTC the media tools that help tell their stories and support on-the-ground organizing.

PBS announced that Deep Down will have its national broadcast at the end of October or early November on the Independent Lens Series. The timing lends itself to dialogues about energy during November elections. The team at Deep Down will be in touch with KFTC mem-bers as the date is finalized to plan events around the national broadcast date.

If you are interested in screening Deep Down or any of the films mentioned in this article in your community, church or campus, contact Deep Down‘s Commu-nity Engagement Director Lora Smith at lora@deepdownfilm.org.

The Films Go Online to view their trailers and learn more:

Deep Down: www.deepdownfilm.org

Dirty Business: www.dirtybusinessthefilm.com

Gasland: www.gaslandthemovie.com

Split Estate: www.splitestate.com

Sun Come Up: www.suncomeup.com

When Two Worlds Collide:No current web site as the Peru-vian government is closely moni-toring the filmmakers and their efforts to bring Pizango’s story to an international audience.

Cape Wind: www.capewindmovie.com

Some of the participants at the Reel Engagement for the Energy & Natural Re-source Revolution Retreat (left to right back row) Josh Fox of Gasland, Robert Gemmel of Cape Wind, Lora Smith of Deep Down, Josh Levin of Cape Wind, Jennifer Redfearn of Sun Come Up, Judith Helfland of Working Films

balancing the scales, June 9, 2010Page �

Economic Justice UpdateSpecial legislative session: Nothing special about it

KFTC members from Harlan Coun-ty to Bowling Green joined with allies in the Kentucky Forward Coalition for a rallyonthefirstdayoftheMaySpecialLegislative Session to call on legislators to pass tax and revenue reforms. KFTC Chair K. A. Owens spoke to the crowd of around 450 and articu-lated Kentucky’s potential, given ad-equate resources, and our “high hopes” that the legislature will soon find thepolitical courage to pass real solutions, instead of delivering damaging budget cuts year after year. Joey Coe, a member from Bowling Green and a student at Western Ken-tucky University, spoke to the crowd about the impact of tuition increases. High school students from Western Hills High School (Frankfort) came in protest of the budget cuts that precipi-

The legislature’s special session — called so that lawmakers could do the work they were supposed to do during the regular session — turned into anoth-er missed opportunity to pass tax and revenue solutions to prevent Kentucky from falling further behind in important quality of life indicators. Lawmakers cut Kentucky’s invest-ments in most state programs and agen-cies by 3.5 percent this budget year and an additional 1 percent in the 2011-12 budget year. Thesecutswillhavesignificantim-pacts, especially as they compound the decade of chronic underfunding of so-cial services, mine safety, environmental safety and protection, education, the justice system, and health services. “Thestate legislatureneeds tofindways to generate revenue and create a fair tax system,” said KFTC member Toby Wilcher from Madison County. “If they weren’t so afraid of their popular-ity among the big campaign contribu-tors, they would spend the time and energy necessary to raise the money to support programs that are so vital for Kentucky – like education, health care and job creation.” Many lawmakers seemed more con-cerned with just passing a budget than the impact it will have on Kentuckians, having taken considerable criticism for failing to pass a budget before adjourn-

ing in April. Only four House members – Reps. Joni Jenkins, Mary Lou Marzian, Tom Riner and Jim Wayne — expressed their dissatisfaction by voting against the final budget. In the Senate, only Sen.Kathy Stein voted against the cuts. Erik Lewis, a member of KFTC’s Economic Justice Committee from Row-an County, pointed out that the “no new tax” mantra – a throwback to the 1980s that Kentucky legislators still embrace 30 years later – has consequences that impact our ability to be successful. “Kentucky has been cutting for years. Look where that gets us. No new taxes, but tuition hikes every year for a decade. No new taxes, but public ser-vants do much more with much less.” Donna Aros, a member in Lawrence County, echoed the call for solutions. “If Kentucky is indeed a commonwealth, then decisions need to be made that re-sult in healthy, productive lives for all its people.” Aros said this means that even those who are making higher salaries – Kentucky’s richest 20 percent – should be paying their fair share. Lewisagreed.“Sacrificeneedstobeshared. If I made $80,000, I’d part with another one cent on the dollar of income earned above $75,000 to keep Kentucky from slipping further behind. Who wouldn’t?”

State funding of Kentucky’s Public Health Agency has dropped almost 17 percent from 2008. How are we seeing the impact of fewer public dollars being invested in public health? Kentucky ranks 41st in overall health, according to America’s Health — yet another poor ranking that points to Kentucky’s lack of investments in our quality of life.

Below are some of the programs and departments that have been compromised by our lack of investments in public health.

• HIV/AIDS services. The Kentucky AIDS Drug Assistance Program (KADAP), for example, was promised an increase in state funding in 2007. Not only was this increase never funded, but all state funding for KADAP was eliminated. The current budget doesn’t include a restoration of that funding. About 160 Kentuckians with HIV are on KADAP’s waiting list.

• Food inspections. • Disease prevention.• Immunizations.• Programs for pregnant women's health.• Nutrition programs.• Drug treatment and substance abuse and prevention. In some

counties, drug abuse treatment means showing up to church. These are just a few examples of how lawmakers are choosing to shortchange Kentuckians when they refuse to pass revenue reforms. Equally dangerous are the impact on our health of repeated cuts to environmental protection, or the health impacts from continuing to subsidize the coal industry at a net loss of $115 million a year. KFTC will continue tracking the budget implications as they are seen and felt across Kentucky and building support for reforms and solutions to move Kentucky forward.

Kentucky Forward rallies to start sessiontated thefiringofoneof their favoriteteachers. The rally got lots of media cover-age from two Lexington television stations, three Louisville television sta-tions, and a smattering of newspapers — most that spoke to the breadth of the Kentucky Forward Coalition as a twenty-one (now twenty-two) member coalition. Several legislators — including some who have, and others who have not, supported KFTC’s comprehensive tax reform plan — made an appearance at the rally. KFTC members will follow up with them throughout the summer. To be involved in an at-home meet-ing with your legislator, contact KFTC’s Economic Justice Organizer, Jessica Hays, at Jessicabreen@kftc.org or 859-276-0563.

Hundreds of Kentuckians rallied to encourage legislators to move Kentucky forward with progressive tax reform instead of the constant budget cutting that has occurred over the last decade.

balancing the scales, June 9, 2010 Page �

Canary Project UpdateMine Safety: Now is the time to make improvements In the wake of the April 5 explosion at Massey Energy’s Upper Big Branch Mine in West Virginia and the fatal roof fall at a western Kentucky mine a few weeks later, the pressure is on govern-ment and the coal industry to take a stronger stance on mine safety. Exchanges in Congressional hear-ings are tense, with lawmakers ques-tioning the Mine Safety and Health Administration (MSHA), the National Mining Association, Massey Energy and its CEO Don Blankenship. Fed-eral investigators are exploring whether safety violations and/or lack of enforce-ment played a role in the recent miners‘ deaths. Miners and other experts have testi-fied about unsafe working conditionsand the fear of job loss faced by miners who consider reporting safety viola-tions. West Virginia miner Jeffrey Harris worked for Massey for about six months in 2009, but quit the company because he didn’t feel safe working in Massey mines. “If an operator wants to, it’s pretty easy to cut corners on safety,” Har-

ris told lawmakers at a recent Health, Education, Labor and Pensions (HELP) Committee hearing. He said if miners complained about the working condi-tions, they would be singled out and fired. Senator Tom Harkin (D-IA) and Senator Jay Rockefeller (D-WV) were two lawmakers who heard Harris’ testimony and said they wanted to see changes. “One area in our health and safety laws that needs particular attention is enforcement,” said Harkin, chair of the HELP committee. “While the vast ma-jority of employers are responsible and do all they can to protect their workers, there is, unfortunately, a population of employers that prioritize profits oversafety, and knowingly and repeatedly violate the law. The deadly blast at the Upper Big Branch coal mine earlier this month was a tragic example of the dan-gers of this approach.” Rockefeller suggested the Mine Safety and Health Administration should play a lead role in stepping up enforcement efforts. “We need to findoutifMSHAisdoingallitcandotofindthe [safety violations] and if it is using its authority to the fullest extent,” he said at the Senate hearing. While mine safety laws were up-dated in 2007 after the Aracoma and Sago mine disasters, Rockefeller is push-ing to add additional workplace safety enforcement and accountability stan-dards through MSHA and the Occupa-tional Safety and Health Administration (OSHA). Among his suggestions are im-proving whistleblower protections to

More “True Costs” of Coal Revealed

Cancer and Mountaintop Removal

Appalachian people living near streams polluted by coal mining more likely to die of cancer, a new study reveals. After adjusting for other factors that could affect health outcomes such as smoking, researchers found that rates of death from respiratory, digestive, urinary, and breast cancer are higher for folks living near polluted streams. The study took three measures into consideration – levels of stream pollution from coal mining, cancer deaths among residents, and proximity of those who died to areas of high mining intensity. Dr. Michael Hendryx, who testified about the public health impacts of coal mining before the Kentucky General Assembly this year, co-authored the study.

Heart Attacks, Strokes and Burning Coal for Electricity

A new report from the American Heart Association finds strong evidence that fine particle pollution, called particulate matter, causes strokes and heart attacks. Coal-burning power plants are one of the largest sources of this pollution in the U.S. Dr. Robert Brook of the University of Michigan in Ann Arbor, who headed the group writing the report, stated that the science shows even healthy individuals suffer heart attacks or strokes after being exposed to elevated levels of the pollution for just a few days.

empower workers to report dangerous conditions and increasing penalties for companies that routinely violate safety regulations. In response to lawmakers’ concerns about the role of MSHA leading up to the West Virginia explosion, Joe Main, head of the agency, acknowledged that MSHA did not use all the enforcement tools it could have used to protect the miners. But Main said regulatory changes are also needed, particularly increased mine inspection requirements and an improved system for placing mines on “pattern of violation” status. In the past, mines with troubling safety records have avoided pattern of violation status, which would enable the MSHA to remove miners from dan-gerous areas, by simply contesting the citations and holding up the process. Upper Big Branch is a good example of this evasion. Massey’s Upper Big Branch mine had accumulated 838 safe-ty violations, including 70 withdrawal orders (a more serious safety violation) since January 2008. Because Massey was contesting the citations, the mine had not been found guilty of a pattern of vio-lations by MSHA before the explosion. Wes Addington of the Appalachian Citizens’ Law Center, a KFTC ally lo-cated in Whitesburg, directs the Mine Safety Project and represents miners who suffer workplace discrimination for making safety complaints. In his testimony to federal legisla-tors, Addington called for stronger federal oversight. “The federal govern-ment has to do a better job of publicizing miner safety rights and increasing their

In �00� KFTC worked with allies (in-cluding widows of miners who died in the Sago mine disaster) on mine safety legislation in the General Assembly. Many legislators touted mine safety reform but then in subsequent years gutted the specific legislation. (continued on page 12)

balancing the scales, June 9, 2010Page 10

Canary Project UpdateMining enforcement coordination between state and federal agencies improving but state division of water a weak point One year ago, on June 11, the U.S. Department of the Interior, the Environ-mental Protection Agency (EPA) and the Army Corps of Engineers, with direc-tion from the Obama administration, announced a Memorandum Of Under-standing (MOU) designed to strengthen oversight and control of mountaintop coal mining and minimize its environ-mental consequences. With a year’s worth of activity to evaluate, a picture of enhanced coordina-tion between most state and federal agen-cies is becoming more clear. However, one state agency, the Kentucky Division of Water, seems determined to undermine any and all state or federal efforts to limit the polluting of Kentucky’s streams and rivers with waste from coal mining. The June 11, 2009 MOU outlined several short-term and longer-term steps that agencies would take to meet the goal of strengthened enforcement and minimized environmental damage. One was to take immediate action in 2009 to minimize environmental damage. Looking back, the Army Corps of Engineers stopped issuing valley fill permits under the Nationwide Permit section 21 and the EPA took the un-precedented step of holding 79 valley

fill permits to more thoroughly reviewto make certain the proposed mining would not pollute streams. Also, the U.S. Office of Surface Mining Reclamationand Enforcement (OSMRE) unsuccess-fully asked a federal judge to rule that the Bush administration improperly changed the Stream Buffer Zone Rule. “Thiswasthefirstindicationwehadthat they were trying to do their job,” said retired coal miner and KFTC mem-ber Truman Hurt. Other goals of the MOU were to im-prove coordination between federal and state agencies and to ensure stringent environmental reviews using the 1977 Surface Mining Control and Reclamation Act and the 1972 Clean Water Act. Throughout this process the Obama administration wanted the federal and state agencies to engage the public through outreach events in the Appala-chian region to help inform the develop-ment of federal policy and, where neces-sary, begin longer-term efforts to tighten regulations of mountaintop coal mining. In the last year several state and fed-eral agencies have been working to meet with community and environmental groups as well as coal industry repre-sentatives to engage in dialogue to help

everyone better understand and partici-pate in all the regulatory changes taking place. “We learn something from every meeting we have,” said Rick Handshoe, a KFTC member in Floyd County. “With each meeting we get another piece of the puzzle and after a while we can put them together and they begin to form a picture.” After several KFTC Canary leaders met with Commissioner Carl Campbell and the Kentucky Natural Resources Cabinet an image of enhanced coordi-nating with the Corps of Engineers, EPA and OSMRE around permitting began to take shape. During this meeting it was also apparent that OSMRE and the state Department of Mining Reclamation and Enforcement (DMRE) were working to improve overall enforcement of mining regulations. Several KFTC members described enforcement problems during the meet-ing, including McKinley “Ken” Sumner, who had been trying to get his land that had been illegally mined reclaimed; Rick Handshoe, who talked about streams being polluted; and Chuck Taylor, who described dust and mud problems in Closplint. It proved to be a productive meet-ing. Not long after, state inspectors oversaw that ICG coal company reclaim Sumner’s property.

“They replaced the topsoil and planted white oak trees,” said Hurt. “Ken seemed to be pleased, so I’m pleased.” Inspectors also came to look at Rac-coon Creek by Handshoe’s property and from this inspection required Miller Brothers Coal Co. to begin a long-term treatment program to mitigate the toxic pollution from their valley fill at thehead of the creek. “Right now we’ve got to try to build some trust between us and the state so we’re giving them small things that we know they can do quickly,” said Hand-shoe. “But we still don’t know if they are going to try to solve many of the sys-temic problems with enforcement, but these are steps in the right direction.” The dust and mud issue Handshoe and many community members are dealingwithprovedtobemoredifficult,but the state agreed to pull several agen-cies together along with community members to work on a solution. Just days after meeting with Com-missioner Campbell, KFTC members and allies met with the Joe Pizarchik, the director of the OSMRE, and his staff in Lexington. Director Pizarchik wanted to update everyone on the OSMRE’s pro-posed new Stream Protection Program. There were several complex ele-ments to this program, however, as KFTC Canary leader Doug Doerrfeld

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Canary Leadership Network members Truman Hurt (fourth from right) and John Roark (third from right) with representatives of the U.S. Army Corps of Engineers toured a “reclaimed” valley fill that sits above their community in Perry County.

Orange acid mine drainage is evident in Brushy Creek in Floyd County, down-stream from an active coal mine site.

balancing the scales, June 9, 2010 Page 11

Canary Project UpdateMining enforcement coordination improving …pointed out. “The entire program is built on the false assumption that it’s possible to restore the form and function of the steep slope headwater streams of central Appalachia. Neither the Army Corps of Engineers nor the EPA have shown that this is remotely possible.” “At present time we do not possess the knowledge to build a fully function-ing stream that would replace all the functions of the destroyed stream,” add-ed Ted Withrow, a KFTC member who is retired from the Kentucky Division of Water. During this meeting, Joe Blackburn, the director of the Lexington OSMRE office, approached Handshoe and saidhe had heard KFTC had a productive meeting with Commissioner Campbell, which Handshoe took as further evi-dence that the state and federal agencies are regularly talking with each other. KFTC members also met with of-ficials of theArmy Corps of EngineersdistrictofficeinLouisvilleandwiththeAtlanta-based EPA District 4. From these meetings KFTC learned that the Army Corps, EPA and DMRE are reviewing every surface coal-mining permit. According toArmyCorps officials,the goal is to have everyone walk the proposed permit area to make sure all agencies are on the same page about which state and federal permits are re-quired before the coal company can start mining. Once again, a picture of im-proved coordina-tion that should lead to improved enforcement and e n v i ro n m e n t a l protection is tak-ing shape. In an effort to provide longer-term environmen-tal protection, on April 1 EPA an-nounced new guidelines for conductiv-ity levels, meant to prevent mining op-erations from continuing to pollute the streams of central Appalachia. Withrow pointed out that prevent-ing coal companies from polluting Kentucky’s streams will not only im-

prove the environment but also increase employment. “The new conductivity standards are the best way to enforce good mining practices that will ensure the health of the streams and people who live there, while greatly increasing employment opportunities for the residents of the mountains,” Withrow said. From all the meetings with state and federal agencies, another more dis-turbing image is also beginning to take shape. That is one of systematic under-

mining of enforce-ment efforts by the Kentucky Division of Water. In 1983, the under the Clean Water Act, EPA gave Kentucky the authority to issue point source pol-lution discharge permits, called the Kentucky Pollution Discharge Elimina-

tion System (KPDES). All surface coal mines that have ponds that discharge into Kentucky streams have to get a KP-DES permit from the Kentucky Division of Water. In a petition sent to the EPA in March, KFTC and allies asked the EPA

(continued from previous page)

to revoke Kentucky’s authority to issue permits under the Clean Water Act. “De-delegation of the Division of Water’s authority is a must. The foxes are running the hen house,” said With-row. In2009,Kentuckyissuedafive-yeargeneral permit for KPDES coal mining permits. Most KPDES permits for coal mines are issued under this General Per-mit, with only a few exceptions. TherearemanyflawswithboththeKentucky Division of Water’s General and Individual KPDES permits. For ex-ample, under the general permit mines with existing permits are only required to take a single grab sample of their dis-chargeonceinfiveyears. For new mines only one sample prior to mining is required, which is insufficienttoshowreasonablepotentialfor violations. Under Kentucky General KPDES permit it is possible for a coal company to apply for and receive a new permit and the Division of Water will not know for up to two years whether the mining operation is in compliance. That is because the state does not require an applicant to sample or even estimate its discharge levels before receiving a permit. The company has two years following the issuance of a general permit to submit its discharge

data. Also, the Kentucky General KPDES permit does not contain any numerical limits for selenium, conductivity, alumi-num or iron. The Kentucky Division of Water has the authority to stop issuing General KP-DES permits if they so choose. Every two years, under the Clean Water Act, the Kentucky Division of Water has to develop a list for the EPA of all the impaired streams. This is called the 303(d) list. According to Kentucky’s 303(d) list from 2008, more than 2,450 miles of eastern Kentucky streams were impaired, with coal mining as the sus-pected source. Under the Clean Water Act, each state is supposed to develop a plan for how to clean up all of the impaired streams, called an “anti-degradation” plan. However, it’s impossible for Ken-tucky to develop a plan to clean up these streams because the Division of Water’s anti-degradation plan exempts coal min-ing pollution. Finally, even if the Division of Water did decide to enforce the Clean Water Act, the division is woefully un-derstaffed. According to EPA’s NPDES review in March, Kentucky has just 2 fulltime permitting officers to manage2,353 mining KPDES permits — that’s 1,176 permits per permitting officer. Compare that with West Virginia, which has fifteen permit officers managing 1,266 permits or 84 permits per permit-tingofficer. Overall, as a result of budget cuts, the Division of Water is short at least 50 staff people from what is needed to do its job. “The Cabinet opposes any environ-mental enforcement that might inconve-nience the coal industry,” Withrow said. “But their job is to protect the people and the environment of the commonwealth. They continue to fail to do either.” “It’s all about permitting,” said Handshoe. “As we saw in the Gulf oil disaster, the government permitted the drilling without having a way to stop the pollution if something went wrong. We’ve got the same problem here. The state gives the companies permits and once the conductivity goes up or the creek turns orange the coal companies can’t stop the pollution.”

KFTC Canary Leadership Network members took representatives of the U.S. Army Corps of Engineers to visit this active valley fill in Floyd County and a “reclaimed” valley fill in Perry County.

“The Cabinet opposes any environmental enforcement that might inconvenience the coal in-dustry. But their job is to protect the people and the environment

of the commonwealth. They continue to fail to do either.”

Ted WithrowRowan County

balancing the scales, June 9, 2010Page 1�

Canary Project Update

Big-name Musicians Sing for the Mountains

KFTC members were among the grassroots activists – many part of the Alliance for Appalachia – who attended the Music Saves Mountains concert in mid-May in Nashville. The concert featured Alison Krauss, Emmylou Harris, Patty Loveless, Dave Matthews, Patty Griffin, Buddy Miller, Kathy Mattea, Big Kenny and others. “The Alliance for Appalachia and all our friends and allies owe NRDC and all the musicians, technicians, promoters, artists, and activists a thanks for all their time, energy and talent that made the Music Saves Mountains such an amazing success,” said Dana Kuhnline for the Alliance. “The concert was a moment to celebrate the powerful movement that so many thousands across Appalachia and the United States have created – and to celebrate the beautiful mountains and heritage we’re fighting to protect.” Many of the Alliance members stuck around in Nashville for public showings of Deep Down and Coal Country the next day.

Mine Safety: Now is the time to make improvementssupport of miners who exercise those rights,” he said. Addingtonspokespecificallyaboutrepresentatives of miners, who are themselves working miners selected by other miners to represent them in health and safety matters. Under federal law, these reps have the right to accompany MSHA on mine inspections, participate in inspection conferences, and receive copies of mine citations. Yet more than 98 percent of 249 mines in eastern Ken-tucky did not have miners’ reps in a 2008 analysis. Addington called for MSHA to ensure that every mine has at least one miners’ rep on every shift. Like MSHA, the coal industry is coming under heightened federal scru-tiny. In May, MSHA forced six Kentucky coal mines to close after an “inspection blitz.” Surprise inspections were conduct-ed at troubled mines across the country during the five days fromApril 19 toApril 23. Nationwide, inspectors issued 1,339 citations. The six Kentucky mines

(continued from page 9) were cited for 238 total violations. The inspections focused on mines with high numbers of violations in the past and on rules covering methane, ventilation and efforts to control coal dust. Two of the Kentucky mines have addressed the violations and resumed production. However, the Secretary of Labor has sued these two companies and three of-ficialsofrelatedcompaniesforallegedlyinterfering with inspectors by tipping off workers that they’d arrived. An eastern Kentucky miner and KFTC member who asked not to be identified said that hismine had beenshut down for a few days in May after one such federal raid and as a result he felt safer now. “The air is better. I can breathe back in there,” he said. “Working conditions are better and safer. I have talked to other workers and have been saying to them, ‘What an improvement. When these inspectors are here, they are help-ing us out.’ When I come out of the mine every day, I am not solid black any-more.”

A better system for addressing mine safety violations is crucial to sav-ing miners’ lives. When miners died between 1996 and 2005, nine out of ten times mine safety violations were present that could have been corrected through either the coal operator obeying the law or enforcement agencies prop-erly enforcing it. At least a quarter of the deaths oc-curred in mines where coal operators failed to perform or inadequately per-formed safety checks, violated safety plans, and/or were operating improp-erly maintained equipment. (Study done by the West Virginia Sunday Gazette-Mail, 2006) West Virginia miner Gary Quarles, whose son died in the April 5 blast, has called on the nation’s leaders to make sure a tragedy like Upper Big Branch never happens again. “There should be no reason this con-tinues, and I’m asking you to pass laws that ensure that miners do not have to work in an unsafe place, and that they can refuse to work if it is unsafe without thefearofbeingfired,”Quarlessaid.

KFTC coal and energy meeting with the governor Group asks for greater enforcement and strong clean energy leadership Seven KFTC members from across the state met with Governor Steve Beshear on May 13 at his office in Frankfort to discuss transitioning away from dirty fuels and moving Kentucky toward a clean energy future. The meeting was a long time com-ing; KFTC tried to meet with Governor Beshear for the last three years during the legislative session. This year, at I Love Mountains Day, a youth delegation of KFTC members met with the governor’s staff to discuss Kentucky’s energy future. As part of that meeting, the youth asked to meet with Governor Beshear directly. The governor ’s staff agreed to schedule a meeting. However, as the meeting date approached, the gover-nor was only willing to meet with a small group of KFTC members, instead of the full group of two-dozen KFTC youth leaders. In the small meeting, KFTC mem-bers shared with the governor personal

stories from folks living directly with the negative impacts of mountaintop removal coal mining, asked him to continue working for greater enforce-ment of mining laws, pushed for strong clean energy legislation, and more. They also asked Beshear for his leadership to help tone down violent and divisive rhetoric coming from some coal companies and coalfield politicians. He refused. The group also expressed disap-pointment that the governor was unwilling to meet with the full youth group and requested a follow-up meet-ing with the entire group of KFTC youth leaders. Beshear agreed, and that meeting is being scheduled. While the group didn’t leave with a lot of commitments from Governor Beshear, they left determined to con-tinue pushing him to take a stronger stand against mountaintop removal and toward a clean transition for Ap-palachia.

Members in the meeting were Me-gan Naseman, Greg Capillo, Kathryn Dunn, K.A. Owens, Truman Hurt, Rick Handshoe and Wendell Berry.

Musician Emmylou Harris proudly displayed her new favorite bumper sticker designed by KFTC member Margaret Stewart. Photo credit Susan Adcock

balancing the scales, June 9, 2010 Page 13

Canary Project UpdateTake action to stop hazardous coal ash from threatening the lives of Kentuckians across the state Coal ash, also known as coal com-bustion residue or coal combustion waste (CCW), is left over after coal is burned in power plants to produce electricity. CCW is disposed of in liquid form at large surface impoundments andinsolidformatlandfills. Why should Kentuckians care about coal ash?

• Kentucky has 8 million tons of coal ash generated and stored every year in Kentucky, which is dumped into one of 44 known impoundments and many unknown ones.

• Coal ash contains pollutants known to be toxic to humans. The U.S. EPA estimates that up to 1 in 50 residents living near unlined ash ponds could get cancer from exposure to pollutants in the ash (see accompanied table).

Federal: Take Action on Coal Ash

To better protect public health and drinking water sources, the U.S. Environmental Protection Agency is proposing to regulate coal ash disposal. Coal ash has never before been feder-ally regulated under waste management laws despite the fact that it is known to be toxic to human health. Research shows that toxins from the ash are leaching into groundwater and drinking water sources near storage sites, many of which are inadequately contained. EPA Administrator Lisa Jackson is calling for citizen input on the proposed regulations, which offer two alternative ways coal ash disposal could be con-trolled.

Option 1 - Coal ash would be designated as hazardous waste. This type of waste is strictly regu-lated under “Subtitle C” of the federal Resources Conservation and Recovery Act (RCRA). Power plants would have toretrofitdumpswithlinersunderneaththe waste dumps and caps on top of them. Plants would have to seek hazard-ous waste permits for new dumps. And plants would be required to monitor ground and runoff water to ensure the

Health Effects of Some Coal Ash Toxins (source: CDC)

Antimony Animal studies show rashes, weight loss, diarrhea, liver damage, anemia

Arsenic Nausea, vomiting, fatigue, abnormal heart rhythm, impaired nerve function, death

Cadmium Fragile bones, vomiting, diarrhea, kidney damage, death

Chro-mium Anemia, ulcers, stomach cancer, male reproductive system damage

Cobalt Animal studies show heart, liver, and kidney damage; behavioral problems

Copper Nausea, vomiting, stomach cramps, diarrhea

Lead Nervous system, brain & kidney damage; weakness; anemia; devel-opmental delays

Mercury Ulcers, brain damage, kidney damage

Selenium Brittle hair and nails, numbness in arms and legs, rashes

Thallium Hair loss, vomiting, nervous system, lung, heart, liver, and kidney damage, death

Vanadium Nausea, vomiting, stomach cramps; possible carcinogen

waste is not leaking outside the dump. Coal-burning power plants and state enforcement agencies would be expected to take steps over the next 5 years to ensure that existing and new impoundments meet these stricter guidelines.

Option 2 - The ash would be classified as non-hazardous. Powerplantswouldhavetoretrofitexisting dumps with a liner. If the power plant chooses not to put in a liner, the plant should stop putting coal ash in the dump and close the contributing coal-burningunitwithinfiveyears. This option would be self-imple-mented by the industry, with no federal or state oversight. The EPA has admitted that this regulation option would be dif-ficulttomonitorandenforce.

Both options would allow coal ash to be recycled into other products, which the industry calls “beneficial re-use.” Many of these applications are virtually untested for their health effects orhavelittleendbenefit. KFTC’s Steering Committee has voted to support Option 1, the “Subtitle C” option with added language that closes this re-use loophole.

More information about the two options is available at: www.epa.gov/coalashrule

State: Join Stop Smith Campaign to Prevent Open Dumping of Coal Ash

EKPC’s proposed Smith coal-burn-ing power plant would generate 520,000 tons of coal ash each year – more than 1 ton per co-op customer. The coal ash would be dumped over various streams and wetlands as “structuralfill” for thefirst12yearsoftheplant,andthenbelandfilledon-sitethereafter. EKPC would also dam a stream and create a new reservoir for water for its cooling process. About 7 miles of streams would be buried under coal ash and additional wetlands would be impacted. At most, theashfillswouldhavealinerofcom-pacted soil under the ash, providing

Comments on the proposed coal ash regulations will be accepted for 90 days after the final rule proposal is posted. Look for a KFTC action alert to let you know when it is posted. When it is, you can go to www.regulations.gov and type in EPA–HQ–RCRA–2009–0640 in the search box to post your comments.

Join the Stop Smith Campaign to stop this plant and prevent more hazardous waste from being dumped into Kentucky’s waterways. Visit www.kftc.org/stop-smith or email sara@kftc.org to sign up.

little protection against the leaching of toxic chemicals. Under both proposed federal regu-lations options, EKPC could avoid regu-lation compliance because the struc-turalfillashdumpwouldbelabeledasa“beneficialre-use”.

Further, the permit indicates that EKPC plans to burn waste coal — which can contain 6 times the amount of mer-cury as non-waste coal — and coal from the Hazard 9 seam, a coal seam in eastern Kentucky that is often mined by mountaintop removal.

Action Needed

balancing the scales, June 9, 2010Page 14

Canary Project UpdateCommunity members organize and speak out against a proposed coal ash landfill in southwestern Jefferson County In recent months, KFTC members in Jefferson County have organized against a proposed Louisville Gas & Electric (LG&E) 60-acre coal-combustion waste (CCW)landfilladjacenttoitsCaneRunRoad power plant in a residential area of southwest Louisville. After being alerted to LG&E’s plans by the Kentucky Waterways Alliance, KFTC members helped mobilize people to submit comments on the water pol-lution permits the company would need from the U.S. Army Corps of En-gineers and the Kentucky Division of Water. Members made the permits viral through email and on Facebook, and somealsophonebankedandmadefli-ers. Even though there was a short window of time to organize, members helped generate more than 100 com-ments on the pollution permits. On May 25, concerned citizens were given the opportunity to speak out at a public hearing held by the Kentucky Division of Waste Management. More than125peoplefiledintothecafeteriaatConway Middle School, most residents who live next to the proposed coal ash site. Several people who spoke at the hearing told of health problems they

and their neighbors have ranging from high instances of asthma, learning dis-abilities, kidney disease, and multiple forms of cancer. Some noted that the area is polluted enough with not only the Cane Run Road power station and its present coal ash landfill, but alsomultiple chemical companies and an old toxic chemical dump. Robert Willibaum said everyone he knows who’s died in his neighborhood has died of some form of cancer. Monica Burkhead, a resident of Riverside Gardens who organized her neighborsbyputtingupfliersandgoingdoor-to-door, said of the already high levels of pollution in the neighborhood, “You’ve got black soot everywhere. You buy a new car and within two years, your car’s paint job is shot. You’ve got kids that have learning disabilities. There’s excessive amounts of ADHD. There’s excessive amounts of cancer, kidney disease. People are sick there constantly. They’re dying. I’m just sick and tired of it. I’ve lived there for 35 years and all I do is watch people die.” Terri Humphrey spoke while she and Burkhead held photos of the pro-posed site and of the 2008 Kingston coal ash spill. She spoke to the dangers of coalashandtothefrustrationoffindingdiscrepancies in information distributed onthelandfillandinfindingoutaboutthe hearing so late.

Many residents didn’t find out about the hearing until the day before. Because of the large turnout of concerned residents, Ronald Gruzesky of the Kentucky Department of Waste Management promised there would be a second hearing in a larger venue. Action also came from two Metro Council representatives from south Lou-isville. Judy Green and Rick Blackwell will introduce a resolution to try to halt the application process until the U.S. En-vironmental Protection Agency makes a decision on coal ash regulation. Coal ash contains concentrated amounts of heavy metals and other pol-lutants that have been found to cause cancer and other health problems in humans. EPA considers the existing coal ash impoundment at the Cane Run Road site to be “high hazard,” meaning that a dambreak is likely tocausesignificantdamage, including loss of life. The greatest sense of urgency for action came from people living near the site concerned about the health of their families and neighbors. Adonna Williams, a resident of Riverside Gardens, said of this current struggle, “Everybody, they get upset and they want to slack off, but you’ve gottostandthere,you’vegottofightthefight.Ifyoudon’tfightthefight,ifyoudon’t keep on, if you don’t keep going, then they’ll always win.”

Stand with Adonna, Monica, and other residents of south Louisville and speak out against this proposed coal ash landfill. Comments may be submitted in writing by the close of business on June 18 to:

Ronald D. Gruzesky, P.E.Division of Waste Mgmt.200 Fair OaksFrankfort, KY 40601-1190Please reference AI # 2121 and Application APE200100001 on any correspondence.

To learn more about this issue and how you can get involved, please contact Beth Bissmeyer at beth@kftc.org or 502-589-3188.

Community members and residents took a few minutes to review the map of the proposed coal ash waste landfill in southwestern Jefferson County.

Monica Burkhead and Terri Humphrey held a map of the proposed landfill site and a photo of the �00� Kingston Tennessee coal ash spill.

Thank You!KFTC would like to thank Ashley Judd, Ambassador Swanee Hunt and all of Boston, MA for their hospitality and kindness. Thank you for coming together for the KFTC event on May �5th to learn more about the true cost of coal and for your investment in the work of Kentuckians For The Commonwealth.

Take Action

balancing the scales, June 9, 2010 Page 15

Rural Electric Cooperative Update

Follow EKPC on twitter at twitter.com/NewPowerForKY

KFTC members continue to organize for the demise of the EKPC Smith coal-burning power plant that won’t go away The past few months have been full of good news for the campaign to prevent construction of a coal-burning power plant and reform the rural elec-tric cooperatives. First, East Kentucky Power Coop-erative (EKPC) told the Public Service Commission (PSC) in late April that it was temporarily withdrawing its appli-cationforapprovalofprivatefinancingfor the proposed Smith Plant so it could reassessitsfinances. EKPC stated it would reapply for approval of its financing plan pendingthis reassessment. However, its admis-sionofshakyfinancesmaymakeitmoredifficult to obtain the nearly $900mil-lion it needs from private lenders. Then, a week later, the PSC released an audit that found serious issues with EKPC’sgovernanceandfinancialcondi-tion, suggesting that finding investorsin a project and a corporation with such well-documented weaknesses could be difficult. Among other issues, the indepen-dent auditor found EKPC is threatened by a “real, continuing and hazardous conflict”createdbyanoverridingprior-ity on keeping rates low at the expense oftheutility’sfinancialcondition. The audit also said EKPC has been

too reliant on building, owning and operating its own plants and has not sufficientlyexploredotheroptionssuchas purchasing power from neighboring utilities. It called the Smith Plant the big-gest risk EKPC may face in many years. In late May, the U.S. Environmental Protection Agency (EPA) objected to the air pollution permit for the Smith Plant. The Kentucky Division for Air Quality had granted the permit in April, following a public comment period and hearing in which many co-op custom-ers, KFTC members, and other Kentuck-ians expressed concerns about the plant. Then the EPA had 45 days to weigh in if it chose to, or do nothing. The EPA took issue with EKPC’s modeling of soot emissions for the Smith Plant, saying EKPC and the state hadn’t sufficientlyassessedthedangersofsootpollution. Fine soot particles from coal combustion, which contain a number of toxic chemicals, can penetrate deep into thelungsandcausesignificantdamage,or even death. The Smith Plant would emit an esti-mated 300 tons of soot annually. Stateofficialshadissuedtheairpol-lution permit just hours before strong federal air quality standards went into effect.

The EPA also commented on the pending “dredge and fill” permit thatwould be issued by the U.S. Army Corps of Engineers, allowing EKPC to impact wetlands near the Kentucky River with coal combustion waste. The Clean Water Act requires that alternatives be considered as part of this permitting process. EPA objected to the Smith Plant because it says it is the most polluting alternative EKPC could have chosen. Of fossil fuels, EPA says a natu-ral gas plant is a more environmentally sound option. EPA also indicated that

EKPC could meet its needs with energy efficiencymeasures and renewable en-ergy — what KFTC and allies have been saying for more than a year. (See the article in this issue of balancing the scales for more information about coal ash and the Smith plant.) At press time KFTC members were preparing for a public hearing on this same “dredge andfill” permit on June8 in Winchester. Check the blog (www.kftc.org/blog) and the next issue of balancing the scales for updates on the permitting process.

Local rural electric cooperatives: Trying to “open the loop” Though set up to be member-owned andgoverned,KFTCmembersarefind-ing that to be far from the case for the rural electric cooperatives that get their power from the East Kentucky Power Cooperative (EKPC). To change that, for the last six weeks members of Blue Grass Energy Coop-erative have been working to bring de-mocracy, transparency, and clean energy to the co-op. Blue Grass Energy is the largest cooperative in EKPC with nearly 55,000 member-customers in 23 counties in central and northern Kentucky. KFTC members who are its member-customers want Blue Grass Energy to be a leader in getting EKPC and the other individual member cooperatives on a clean energy course with accountability to their members. On April 22, in accordance with Blue

Grass Energy bylaws, members submit-ted two resolutions for consideration to be placed on the Blue Grass Energy An-nual Meeting agenda. The first proposal simply sought open board meetings, ready access to the minutes of board meetings and other relevant documents, and open and fair elections. The second proposal was for Blue Grass Energy to aggressively pursue “on-bill financing” strategies which would help member-customers to make energyefficiencyupgradestotheirhous-es and pay the expenses back as they save on their energy bills. Rather than place these resolutions on the agenda for a discussion and vote of the membership at the annual meet-ing, Blue Grass Energy staff turned KFTC members’ request down and said

that the “power and authority to con-sider the proposals is delegated solely to the Board of Directors.” When the group asked to address the board of directors directly, they heard several different answers from the staff that changed frequently. The CEO and other staff have made themselves available to meet, but access to the board during official meetingscontinues to be denied. The group is concerned that the board of directors are part of a “closed loop” – and that mem-bers are simply “out of the loop.”

However, through the group’s persistence and hard work, they are in-formally addressing Blue Grass Energy board members on June 17 with their concerns. They are still being denied the opportunity to present and have a dis-cussion during the formal board meet-ing. In the Jackson Energy Coopera-tive, members have submitted similar proposals. Currently they are waiting to hear whether their proposals will be put before a vote of the membership at the annual meeting June 25 in McKee.

balancing the scales, June 9, 2010Page 16

High Road Initiative UpdateCentral Appalachia residents envision a sustainable future at Sustainability Symposium at Pine Mountain Settlement School From May 14 to 16, the Pine Mountain Settlement School (PMSS) presented a Sustainability Symposium with co-hosts KFTC and the Mountain Association for Community Economic Development (MACED) . The three-day event brought togeth-er specialists, practitioners, educators, and organizers to share their experi-ences and learn about sustainability and model projects in central Appalachia. These projects and initiatives build on local knowledge and experience and point to the potential for a healthy and prosperous future based on the regional assets of people, mountains, water, forests, farms and gardens, and clean energy. Eightypeople fromfivestatespar-ticipated with local and regional experts in workshop tracks on food, energy, and forest issues. The food track highlighted sustain-able production practices, collaborative gardening projects, tours of the PMSS demonstration gardens, and steps to-ward an eastern Kentucky local food system. The energy track emphasized en-ergy efficiency, renewable energy, andstate and federal policy affecting energy in Kentucky and central Appalachia. It also included a hands-on energy assess-

ment and tours of mobile bio-diesel and solar energy trailers. The forest track highlighted long-term community approaches to forest stewardship, including principles of forest management, and reforestation on mined lands. Especially interesting were the workshops on non-timber for-est products. Justin Maxson of MACED and Anthony Flaccavento of Appalachian Sustainable Development presented a Friday keynote address on how Energy, Agriculture, Forests, Green Jobs can help create a better future in eastern Kentucky. The closing session was a panel discussion with the Appalachian Center directors from the University of Ken-tucky, Eastern Kentucky University, Berea College and Southeast Commu-nity College about the role of the Appa-lachian Centers in creating a sustainable future in eastern Kentucky and central Appalachia. More than 50 percent of the attend-ees were under 30 years old. Though past that age range, Carol Judy of the Clearfork Community In-stitute in Eagan, Tennessee, shared the dream. “We are here to find the lan-guage we need to create the future we dream of. If we can’t name it, we can’t

Rut Melton, Bennie Massey and Josh Bills talk about the future of residential solar power in a transitional economy in Kentucky.

share it.” Many of the attendees were look-ing for the next opportunity to build on what they learned. “This Symposium was one of many steps in creating a vision of sustainabil-ity in eastern Kentucky and central Ap-palachia,”saidRandalPfleger,Sustain-ability Director for the Pine Mountain

Settlement School.

Interested in creating an event in your community about sustainability and an eco-nomic transition for your region? Contact your nearest KFTC chapter organizer or KFTC’s Economic Development Organizer Martin Richards at martin@kftc.org or 859-986-1277.

KFTC endorses the Rural Energy Savings Program Act KFTC recently endorsed federal leg-islation that would create an energy ef-ficiencyimprovementloanprogramforRural Electric Cooperatives (RECC). The bill was introduced in both the House and the Senate with bipartisan support. Under the Rural Energy Savings Program Act, the U.S. Department of Agriculture’s Rural Utilities Service (RUS) would create a $4.9 billion loan program available to cooperatives with a zero percent interest rate. Coop-eratives in turn would make this money available to consumer members in the form of micro-loans with an interest rate of no more than 3 percent, which could be paid back primarily through savings on their electric bills. This type of loan program is called “on-bill financing” because the loan

payments would be made right on the utility bill. Another key component is that the loan would stay with the real property (i.e. the electric meter) rather than with the utility customer. Loans would be paid back within a 10-year period as customers pay an extra charge on their utility bills. Most, if not all, of this charge would be made up in the savings a customer receives from having made energy-saving improve-ments. Once the loan is repaid, custom-ers would continue to enjoy savings on their energy bills Examples of energy-saving im-provements include weatherization, heating, insulation, heat pump, HVAC system, boiler and roof improvements. A typical loan would be in the range of $1,500 to $7,000.

Because efficiency products are primarily manufactured in the United States, and installation work requires locallabor,thebillisexpectedtosignifi-cantly bolster U.S. manufacturing and construction industries. Bipartisan cosponsors include Senators Jeff Merkley (D-OR), Lindsey Graham (R-SC), Richard Lugar (R-IN), Jeanne Shaheen (D-NH), Tim Johnson (D-SD), and Michael Bennett (D-CO). Four of Kentucky’s six representa-tives – Ben Chandler, Hal Rogers, Brett Guthrie and Ed Whitfield – have co-sponsored the House bill. Whitfield isa primary sponsor. H.R. 4785 currently has 48 cosponsors and is in both the House Agriculture and the House En-ergy and Commerce committees. The Senate bill, S. 3102, also has bi-

partisan support though neither of Ken-tucky’s senators has agreed to cosponsor it. It currently has 16 cosponsors and is in the committee on Agriculture, Nutri-tion, and Forestry.

Next issue of balancing the

scales: Why on-bill financing could be really important

for Kentucky!

balancing the scales, June 9, 2010 Page 1�

High Road Initiative UpdateRichard Levine: Kentucky’s own solar power pioneer

by Laura Alex Frye-Levine As a child, I stumbled upon a copy of a neatly typed letter my father had written to his scoutmaster after being awarded the rank of Eagle Scout. While others in his troupe were celebrating the capstone achievement of their ado-lescent lives, my father had written ear-nestly about his concern for the integ-rity of the honor. He wrote: “I am afraid of what might happen if scouts start pursuing points for the sake of earning points alone.” The scoutmaster likely laughed the letter off as naive, but as a young child it made an impression on me – and I’ve continued to think of it as a metric of whether I am pursuing the right things for the right reasons. Over the next several decades, through a desert of institutional sup-port, my father would go on to pursue a career as an architect and solar innova-tor. His tenacious, passionate approach to his life’s work has always been re-freshingly unconcerned with most of theofficialmetricsofsuccess. Like any activist, he has pursued his work for reasons ultimately much bigger than himself. Nevertheless, through an inspired career of vision and hard work, Richard Levine has given a great gift to society. Had he been more conventional in his goals for

research and design, the field of solarenergy would not have advanced as far as it has today. Last month, at its most attended an-nual meeting in history, the American Solar Energy Society (ASES) honored my father with its most prestigious award in solar innovation: The Passive Solar Pioneer award. ASES cited him “For his lifelong dedication as a passive solar advocate, practitioner, theoreti-cian and mentor and for his pioneering inspiration displayed on projects rang-ing from a house to a city.” As he took a bow in front of a crowd of 3,000 cheering people, waves of belated recognition sweeping over him, I was overwhelmed with the real-ization that his life’s work had not gone unnoticed! Like all true pioneers, Richard Levine never pursued his interests with the goal of receiving recognition, though recognition ultimately found him. As KFTC members are well aware, the era of renewable energy is upon us. On a planetary scale, we are facing the incredible task of ending the cycles of our addiction to fossil fuels; falling short spells certain ecological demise. Though we all search for ways of lead-ing healthier lives, we suffer from a general lack of coherent vision as to how to proceed forward.

In Kentucky in particular, the need to transition to economic and energy alternatives to mountaintop removal coal mining is more pressing than ever. These days, many of us throw around words like “green” and “sustainable” — words that are repeated so often and in so many different contexts, that they have almost lost all meaning. Getting to the bottom of real solutions that work has been my father’s greatest chal-lenge. One of Richard’s primary contribu-tions to a sustainable society has been to localize the idea of sustainability as a concrete balance-seeking process. Do-ing this has allowed him to consider a building as a system, employing intel-ligentdesign techniquesasafirst stepin a holistic process. Through this approach, he has designed award-winning houses and cities. In 1978 he designed a double skinned office building in New Yorkthat required 12 percent of the energy of aconventionalofficebuilding. His Raven Run House is Kentucky’s pioneeringsolarproject.Itwasthefirsthouse to combine passive and active solar systems with super-insulation and

an attached greenhouse. Innovative in 1974, the house con-tinues to be at the forefront of solar technology today and is still being pub-lished worldwide. Richard is currently working on several projects for zero-net-energy homes and businesses through his Center for Sustainable Cities Design Studio (www.cscdesignstudio.com). He is principle author of the European Union’s Charter of Cities and Towns Towards Sustainability (Aalborg Char-ter), and won an international citation from the Royal Association of British Architects for his proposal designing a sustainable reclamation of a strip mine site in Whitesburg. In addition to Kentucky, he has designed sustainable cities for Korea and Vienna. Upon presenting him with its Passive Solar Pioneer Award, ASES commended: “Work that in every way is an exemplar of the best that architecture has to offer our collective sustainability.” I look forward to a future that holds many more years of inspiration from Kentucky’s own Solar Pioneer. Let’s all work with him to bring a sustainable energy future to the commonwealth!

Levine’s Raven Run house was the first house to combine passive and active solar systems and is Kentucky’s pioneering solar project.

Inside of Levine’s Raven Run house is equally as impressive as the solar power system that fully supports the house with power.

balancing the scales, June 9, 2010Page 1�

Voting Rights UpdateKFTC members continue to impact Kentucky elections

Former felons voter mobilization KFTC leader Tayna Fogle organized a voter mobilization phone bank in Lexing-ton staffed by 35 former felons from Lexington, Georgetown and Nicholasville. Together, they called more than 700 people who had signed postcards to re-store voting rights to former felons who have served their debt to society. The calls were simple voter mobilization calls that KFTC members made all over the state to remind people to vote in the primary election and making sure they knew their voting location, had a ride, etc. But because the callers were former felons, most of whom don’t have the right to vote themselves, the phone bank was especially powerful to the volunteers be-cause they got to impact an election that they couldn’t vote in – and for the people they called because the messengers illustrated the value of the right to vote. “I think this was great. I’m a former felon myself and it’s great to see so many people getting to help get people out to the polls,” said Eugenia Howard. “This is an uplifting experience. I’ve never done anything like this before and it’s great to give back,” added Timothy Newsome. “I just talked to one guy who’s away in Chicago for the next few days, and it was good to connect with him and get him thinking about how to get his vote in back in Lexington in time.” “I have three technical degrees and I’m a veteran. These felonies are just kill-ing me,” said Ricky Lovins. “It’s so hard to get a job with a record and losing the right to vote just makes it that much harder.”

KFTC members across the state had a big impact on last month’s primary election – through voter registration work, raising awareness of issues, pub-lishing a voter guide to let people know where candidates stand on important is-sues, and calling thousands of members and friends to get them out to the polls on election day. There was good ground work across the state with members getting out into their communities by going door-to-door, tabling at community festivals, and picking up the phone to call people so they could cast an informed vote on election day.

This election has had its problems:

• Many candidates, including all four leading candidates for the big U.S. Senate race, refused to respond to KFTC’s voter guide survey. This would have given the candidates the oppor-tunity to inform 20,000 members and friends where they stand on important issues. Learning issue stances of can-didates is a basic prerequisite for good democracy. • Many candidates across the state were falling over themselves to be “stronger supporters of coal” than their opponents, hopeful that this “stance” would get them the votes and money needed to win. One county judge ex-ecutive candidate in Floyd County even

used, without permission, video foot-age of a KFTC meeting as an attack ad against his opponent. • There has been an increased anti-government sentiment across the Com-monwealth and fear is being used by many candidates to build support or to attack opponents. • There were many reported cases of illegal activity on election day, includ-ing vote buying.

But there were good signs as well:

• KFTC is a nonpartisan group and did not endorse candidates, but it’s in-teresting that so many KFTC members ranandwontheirracesforpublicofficeacross the state. • One of the two primary winners for the Louisville mayoral race is an active member of KFTC. One of the two primary winners for the Lexington mayoral race is a member, too. Four out of the six primary winners for Lexington Council-at-large are KFTC members. • The County Judge Executive can-didate who attacked his opponent with video footage of him talking to KFTC members lost his race decisively. • The two U.S. Senate candidates who were perceived to be the weaker supporters of the coal industry won their respective party’s primaries. • Perry County members learned of a vote-buying scheme in which people

Central Kentucky member Shawn Lucas (right) registered voters at the Central Kentucky Peace Fair in Lexington.

were paid $20 for a pledge to vote for particular candidates. KFTC members notified authorities to get them shutdown and it worked – resulting in sev-eral arrests before the polls closed. With the primary election past, KFTC’s Voter Empowerment Strategy Team and individual chapters across the state are starting to plan the work lead-ing to the October 4 voter registration

deadline and the November 2 general election. The next big step is to register vot-ers until the deadline on October 4 and make contact with thousands of new people at community festivals across the state in the coming months. To get involved in KFTC’s Voter Empowerment work, please contact a KFTC chapter organizer or Dave New-ton at Dave@kftc.org or 859-420-8919.

Thirty-five former felons from Lexington, Georgetown and Nicolasville came together and called more than �00 registered voters and reminded them to exercise their voting rights in the �010 primary election.

balancing the scales, June 9, 2010 Page 1�

Steering Committee welcomes two new chapters and reviews progress and priorities around coal and energy “There seems to be this growing restlessness in Scott County. People want to get out and be involved,” ex-plained Rosanne Klarer as she spoke to the Steering Committee, petitioning for chapter status on behalf of members in Scott County. “One person getting together with another gives courage and inspiration,” she noted. “That’s what we’re doing. We’re growing the power.” At its May meeting, the Steering Committee welcomed not one but two new chapters into the KFTC family — Scott County and Northern Kentucky , which encompasses Boone, Kenton, and Campbell counties. “We’re growing by leaps and bounds and we’re really excited to be the next KFTC chapter,” said Antonio Mazzaro as he petitioned for Northern Kentucky. “There is growing power in our voice.” After unanimously accepting these chapter petitions, the Steering Commit-tee spent the bulk of their day reviewing the major events and activities related to KFTC’s work on coal, energy, East Ken-tucky Power Cooperative, Appalachian Transition and climate change. They reviewed the landscape around this work in the key categories of enforcement, litigation, legislation, transition, communication and other (including the election). Leaders reported on meetings with key decision makers and agencies in-cluding with Governor Steve Beshear, U.S. Office of Surface Mining DirectorPizarchik,andtheU.S.EPAofficials. As part of the landscape discussion, the Steering Committee took positions andidentifiedsomenextkeysteps. As a follow up to the governor’s meeting, they plan to send a letter to the governor confirming the meetinghe promised with KFTC youth over the summer and asking him to meet with KFTC leaders again, this time in eastern Kentucky. The Steering Committee voted to oppose the Kerry/Lieberman climate

change bill because they believe it is too weak. Furthermore, the committee agreed on next steps regarding EPA’s proposed coal ash rule. After reviewing the landscape and making these specific decisions, the committee broke into small groups to assess this overall body of work and decide on priorities through the end of the year. There was recognition that lots of great work is happening, that KFTC is having an impact, and that the scope of work is remarkable. With this in mind, the Steering Committee plans to push forward in these areas in the coming months:

• Keep commenting on rules, permits, regulations, etc. In recent meetings withofficials,it’sbeenmadeclearthevoices of KFTC members are being heard.

• Stop the mining permits that threaten the water and communities in Ben-ham and Lynch in Harlan County. As Rick Handshoe of Floyd County noted, “The water’s destroyed where I am, but it’s not yet destroyed in Ben-ham and Lynch. We have to stop the permits and save the water.”

• Support renewable energy and en-ergyefficiency,especiallyintheEKPCcampaign and in Benham/Lynch.

• Emphasize economic transition in KFTC’s communications and organiz-ing.

• Connect KFTC’s issues to the Novem-ber election. Mazzaro noted, “We can get the issues out there in this elec-tion. We have to push candidates on our issues.”

• Infuse KFTC’s issues into the Senate race. There was agreement on the Steering Committee that KFTC must challenge both U.S. Senate candidates on their blind support for coal.

• Develop a mass communications strategy.

• Keep pushing at the federal level be-

cause it’s also having an impact at the state level.

• Stop the Smith 1 coal-burning power plant.

• Stop the poison from all stages of the life cycle of coal, from mining to coal ash.

• More local organizing in Eastern Ken-tucky.

• Voter Empowerment!

KFTC members (left to right) Becki Winchel, Rosanne Klarer, Brittany Hunsa-ker and Joe Gallenstein cut up at the May Steering Committee meeting held in Hazard.

In other business, the Steering Com-mittee approved a whistle blower policy and established a litigation work team to track and make recommendations on the various pieces of litigation in which KFTC is involved.

The next Steering Committee meeting will be the July retreat, July 9 and 10, in Bowling Green.

When did you make your last gift to KFTC?Look at the cover of balancing the scales and

under your name we have listed your last gift date and amount! Feel free to donate as you can!

balancing the scales, June 9, 2010Page �0

Calendar of EventsJune 14 Jefferson County chapter meeting, 6:30 p.m. at the Main Public

Library in the Board Room. (301 York Street).

June 14 Floyd County chapter meeting, 7 p.m. at St. Martha Catholic Church near Prestonsburg.

June 15 Northern Kentucky KFTC meeting, 7 p.m., Florence City Building, 8100 Ewing Blvd., Florence.

June 17 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.

June 17 Rowan County chapter meeting, 6 p.m. at St. Alban’s Episcopal Church on 5th Street in Morehead.

June 22 Bowling Green chapter meeting, 6:30 p.m. at ALIVE Center, 1818 31W, contact Jessica for more information, 859-276-0563 or Jessicabreen@kftc.org.

June 22-26 KFTC delegation with allies travel to and participate in the U.S. Social Forum in Detroit MI.

June 25 Owen Electric Annual Meeting, Grant County High School. Contact Sara to learn how to participate and how to vote. 859-986-1277 or Sara@kftc.org.

June 26 KFTC at Lexington Pride Festival. Contact Ondine for more information, 859-368-4438 or Ondine@kftc.org.

June 26 Euchre For Justice, a Northern Kentucky fundraiser. Contact Joe Gallenstein for more information, 859-380-6103 or Joe@kftc.org.

June 28 Madison County chapter meeting, 7 p.m. at Child Development Lab on Jefferson St., Berea.

July 1 Scott County KFTC meeting, 7 p.m., St. John Church, 604 Main St., Georgetown.

July 12 Jefferson County chapter meeting, 6:30 p.m. at the Main Public

Library in the Board Room. (301 York Street).

July 12 Floyd County chapter meeting, 7 p.m. at St. Martha Catholic Church near Prestonsburg.

July 13 Northern Kentucky KFTC meeting, 7 p.m., Florence City Building, 8100 Ewing Blvd., Florence KY.

July 15 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.

July 15 Rowan County chapter meeting, 6 p.m. at St. Alban’s Episcopal Church on 5th Street in Morehead.

July 26 Madison County chapter meeting, 7 p.m. at Child Development Lab on Jefferson St., Berea.

July 27 Bowling Green chapter meeting, 6:30 p.m. at ALIVE Center, 1818 31W, contact Jessica for more information, 859-276-0563 or Jessicabreen@kftc.org.

KFTC members welcome newly hired staff members KFTC has grown leaps and bounds over the past few years. Membership has grown from 1,500 to more than 6,500 members across the state (and nation). With this growth has also come a need for more staff and intern help to continue to organize on the various local, state, and federal levels. With the help of numerous foundations KFTC was able to hire 4 new staff members and 4 summer interns. Ranging from Bowling Green to far eastern Kentucky and northern Kentucky to central Kentucky, the new staff members and interns have hit the ground running. Take a moment to learn a little about each person.

Tanya Turner, Eastern Kentucky Organizing Apprentice: The southeast Kentucky hills called me back home shortly after college and I am honored to join this A team of revolutionaries working to make my home a better place for all. I love rocking chairs and front porches and would love to sit a spell with all of you.

Brittany Hunsaker, Voter Empowerment Organizer: Brittany was born and raised in Kona, Kentucky. She made her way to Lexington to work on her Master’s in Social Work.Sheliveswithherfiancee,Brian,andtheir threecats,Soy-bean, Lima, and Alfalfa Sprout. She’s excited about working with members and registering a whole bunch of folks to vote. Hooray democracy!

Joe Gallenstein, Northern Kentucky Voter Empowerment Or-ganizer: I am excited to work for KFTC because I believe in the strength of democracy and through KFTC I can help keep that democracy strong and healthy.

Willa Johnson, Eastern Kentucky Chapter Organizer: Willa was born and raised in McRoberts, KY. She is the daughter of a coal truck driver and school teacher. In recent years she has worked closely with the Appa-lachian Media Institute at Appalshop co-producing a short documentary called The True Cost of Coal. She has also worked on projects encouraging young people to be proud of their Appalachian identity through the Stay Project and the My Story to Tell Art Project. Willa is looking forward to working with the Letcher and Pike County Chapters in moving forward with all their ideas on how to make Kentucky better for all.

Beth Bissmeyer, Jefferson County Coal Ash Intern:WorkingforKFTCisfly-me-to-the-moon exciting! KFTC not only made me aware of the many social justice issues across the state, but also empowered me to take concrete actions for change. I’m jazzed for the opportunity to work with KFTC this summer to learn more about coal ash and com-munity organizing in Louisville and to continue working toward the Kentucky I want to see, where every person has clean air and water and every person feels they have a voice worth being heard.

Greg Capillo, Bowling Green Chapter Intern: I am excited to work for KFTC because its prettymuchtheonlythingI’vewantedtodowhenIgrewupsinceIfirstjoined.It’snotjust working for an organization that strives for justice that makes me enthusiastic about KFTC. It’s the way KFTC strives for justice. The whole organization is structured in a way that really makes me feel good about working for it. Working for KFTC means that I really am being the change I want to see in the world. I want to see a Kentucky that works like KFTC. Everyday I wake up and realize who I work for, I get a tremendously warm and fuzzy feeling and I want to get that feeling about the commonwealth in which I live.

Tayna Fogle, Voting Rights Campaign Intern: Tayna has been committed to the Voting Rights Campaign and a huge advocate for restoring voting rights to former felons.

Miranda Brown, EKPC Clark County Intern: Miranda is a Murray State University stu-dent who will be working in Clark County (her homeplace) organizing around the EKPC Stop Smith campaign.