Kentucky

By Maddie Stone - Grist, May 26, 2021

At an abandoned coal mine just outside the city of Gillette, Wyoming, construction crews are getting ready to break ground on a 10,000-square-foot building that will house state-of-the-art laboratories and manufacturing plants. Among the projects at the facility, known as the Wyoming Innovation Center, will be a pilot plant that aims to takes coal ash — the sooty, toxic waste left behind after coal is burned for energy — and use it to extract rare earths, elements that play an essential role in everything from cell phones and LED screens to wind turbines and electric cars. 

The pilot plant in Wyoming is a critical pillar of an emerging effort led by the Department of Energy, or DOE, to convert the toxic legacy of coal mining in the United States into something of value. Similar pilot plants and research projects are also underway in states including West Virginia, North Dakota, Utah, and Kentucky. If these projects are successful, the Biden administration hopes that places like Gillette will go from being the powerhouses of the fossil fuel era to the foundation of a new domestic supply chain that will build tomorrow’s energy systems.

In an April report on revitalizing fossil fuel communities, administration officials wrote that coal country is “well-positioned” to become a leader in harvesting critical materials from the waste left behind by coal mining and coal power generation. Several days later, the DOE awarded a total of $19 million to 13 different research groups that plan to assess exactly how much rare earth material is contained in coal and coal waste, as well as explore ways to extract it. 

“We have these resources that are otherwise a problem,” said Sarma Pisupati, the director of the Center for Critical Minerals at Penn State University and one of the grant recipients. “We can use those resources to extract valuable minerals for our independence.”

Those minerals would come at a critical moment. The rare earth elements neodymium and dysprosium, in particular, are essential to the powerful magnets used in offshore wind turbines and electric vehicle motors. A recent report by the International Energy Agency projected that by 2040, the clean energy sector’s demand for these minerals could be three to seven times greater than it is today. 

By staff - Labor Network for Sustianability, May 2021

By various - Kentuckians for the Commonwealth, March 31, 2021

Our Time To Thrive_ A Town Hall from Kentuckians For The Commonwealth on Vimeo.

By Staff - Labor Network for Sustainability, February 2021

Labor leaders, economic development groups and environmentalists from coal states recently wrote to President Joe Biden to fund a “just transition” from coal to renewable energy. They also asked the administration last week in a letter to immediately establish a White House Office of Economic Transition to work on rebuilding the economies of coal communities.

Led by the Mountain Association, an economic development group based in Eastern Kentucky, groups signing the letter included West Virginia-based Coalfield Development, Kentucky-based Appalachian Citizens Law Center, Montana-based Western Organization of Resource Council, the Colorado AFL-CIO, the Union of Concerned Scientists and two Indigenous groups: Tribe Awaken and Tó Nizhóní Ání.

Shortly thereafter President Joe Biden issued an executive order which included the establishment of an Interagency Working Group to “coordinate the identification and delivery of Federal resources to revitalize the economies of coal, oil and gas, and power plant communities” and to “assess opportunities to ensure benefits and protections for coal and power plant workers.”

Going back to the Obama era, LNS has advocated such an approach, calling for:

An interagency task force composed of US agency officials overseeing issues of employment, energy and the environment. Their first task could be to create a transition package for coal miners, utility workers, and other affected workers that would provide robust financial and training support and preferential access to the new jobs created by environmental policies. That could be combined with vigorous support for economic planning and investment in the communities affected.

By staff - Just Transition Fund, Summer 2020

Workers and families affected by the changing coal economy are facing a profound crisis complicated by unique difficulties. Prior to the COVID-19 pandemic and economic decline, coal facility closures, layoffs, and cuts to vital services were devastating to people and places dependent on the coal economy—many of whom are still struggling following earlier economic declines, the loss of manufacturing jobs, or inequality and widespread poverty.

For low-income communities and communities of color already disproportionately left behind by the status quo, the need for equitable and inclusive economic growth is vital. But, now, with COVID-19, these unique challenges are exacerbated. The closure of even more coal facilities is accelerated, giving communities little time to plan for the disappearance of their largest employer and the erosion of the tax base, which provides critical funding for public services, local education, and health care systems.

Read the text (PDF).

By various - Reclaiming Appalachia Coalition, 2019

The certainty of an Appalachian transition has become self-evident. The questions that remain are “What shape will that transition take?” and “Will our region seize the opportunity to establish just and sustainable economic models that invest in our strengths and set the region up for meaningful and healthy participation in the new economy?” Foundational to our coalition’s work is the understanding that specific, targeted intervention is necessary to ensure that an equitable vision becomes reality.

Appalachia is at the threshold of a paradigm shift into the new economy, ushered in by communities that are taking their futures into their own hands like never before and implementing innovative ways to address long-standing economic issues with degraded lands. The table on page 6 shows funded projects illustrating this shift that have been supported by our coalition, ranging from ecotourism, renewable energy, arts and culture, and creative waste recycling.

This report highlights the successes achieved in 2019 from previously submitted projects and showcases a brand new round of innovative projects. We’re very excited about both the successes that have already been funded and implemented, as well as the new opportunities that are currently being considered for Abandoned Mine Lands (AML) Pilot funding.

Read the report (Link).

By staff - Kentuckians For The Commonwealth, December 11, 2017

In the final week of November, KFTC members Russell Oliver, Stanley Sturgill, Henry Jackson, Teri Blanton, Roger Ohlman, Mary Dan Easley and Mary Love converged in Charleston, West Virginia – alongside hundreds of other concerned people – to testify to the U.S. Environmental Protection Agency (EPA) against the agency’s proposed repeal of the Clean Power Plan.

“Now that we have cleaner, safer and cheaper ways to generate energy, the only question should be: how can we create more of those new jobs right here and right now in Appalachia? I know this because not only have I lived it, I’m still trying my best to keep living it,” said Stanley Sturgill of Harlan County, a retired coal miner and KFTC member.

Sturgill and others urged the EPA not to eliminate the Clean Power Plan rule. Issued in 2014, the plan is an Obama administration regulation that calls on states to develop plans for modestly reducing their carbon pollution. Most would do that through energy efficiency programs, development of solar and wind power, and reducing the amount of coal burned. States have lots of flexibility on how they choose to meet the standard.

Kentucky’s utilities would be required to reduce their carbon dioxide pollution by 31 percent by 2030 from the baseline of 2012 – something that will mostly be achieved anyway through coal plant retirements that have already happened or have been recently announced.

But, to meet or exceed the standard, the state also needs to adopt some new policies and strategies to reduce energy consumption and get more from renewable energy.

Instead, the EPA is proposing to do away with the rule, which has never actually been implemented due to court challenges. What’s more, the EPA’s proposed repeal of the Clean Power Plan has not followed the in-depth public engagement process that went into creating the plan.

KFTC member Mary Love pointed this out in her testimony to the EPA.

By John E. Dannenberg - Prison Legal News, November 15, 2017

Aging infrastructure concerns are not limited to America's highways, bridges and dams. Today, crumbling, overcrowded prisons and jails nationwide are bursting at the seams -- literally -- leaking environmentally dangerous effluents not just inside prisons, but also into local rivers, water tables and community water supplies. Because prisons are inherently detested and ignored institutions, the hidden menace of pollution from them has stayed below the radar. In this report, PLN exposes the magnitude and extent of the problem from data collected over the past several years from seventeen states.

Alabama

The Alabama Department of Corrections (ADOC) has been ignoring complaints of wastewater pollution from its prisons since 1991. Back then, the problem was limited to leaking sewage from the St. Clair prison. Although the Alabama Legislature promised to provide the $2.3 million needed to build a new wastewater treatment plant that would match St. Clair's vastly expanded population, no money has been appropriated.

Today, the problem has grown statewide and includes pollution from ADOC's Draper, Elmore, Fountain/Holman, Limestone prisons and the Farcquhar Cattle Ranch and Red Eagle Honor Farm. The problem has drawn the ire of the private watchdog group, Black Warrior Riverkeeper (BWR) and of the state Attorney General (AG), both of whom have filed lawsuits against ADOC. The AG's office claims ADOC is violating the Alabama Water Pollution Control Act (Act) by dumping raw sewage into Little Canoe Creek, from which it flows into the Coosa River. The AG has demanded that ADOC fix the problems and pay fines for the damage they have caused. All parties acknowledge that the problems stem from ADOC's doubling of its population to 28,000, while the wastewater treatment facilities were designed for less than half that number.

The environmental damage is huge. ADOC is pumping extremely high levels of toxic ammonia, fecal coliform, viruses, and parasites into local streams and rivers. When raw sewage hits clean water, it sucks up the available dissolved oxygen to aid decomposition. But in so doing, it asphyxiates aquatic plants and animals that depend on that oxygen.
Telltale disaster signs include rising water temperatures and the appearance of algae blooms. The pollution renders public waterways unfit for human recreation as well.

BWR notes in its suit that Donaldson State Prison has committed 1,060 violations of the Clean Water Act since 1999, dumping raw sewage into Big Branch and Valley creeks, and thence into the Black Warrior River. BWR seeks fines for the violations, which could range from $100 to $25,000 each. Peak overflows were documented at 808,000 gallons in just one day, which isn't surprising for a wastewater treatment plant designed to handle a maximum of 270,000 gallons per day. Donaldson, designed to hold only 990 prisoners, has 1,500 today.

One path to reformation was found in turning over wastewater treatment to privately-run local community water treatment districts. Donaldson came into compliance with its wastewater permit after contracting with Alabama Utility Services in 2005. Limestone and other ADOC prisons are now seeking privatization solutions.

By Zoe Loftus-Farren - Truthout, June 30, 2017

Last month the United States Department of Justice (DOJ) withdrew its request for funding for construction of a maximum-security prison atop a former mountaintop-removal coal-mining site in eastern Kentucky.

The proposed $444 million facility, planned for Letcher County, has faced ongoing opposition from environmental and human rights organizations who have expressed a wide range of concerns about potential ecological and health impacts of the project. "Building this prison would have been terrible for the health of prisoners, the surrounding community and all the wildlife in the area," said Lori Ann Bird, who is environmental health program director with the nonprofit Center for Biological Diversity.

Read Earth Island Journal and Truthout's special investigation into America's toxic prisons.

The Human Rights Defense Center, a nonprofit that advocates on behalf of people held in US detention facilities, pointed to the history of mining-related pollution in the area -- including contamination of drinking water that could be used for the prison. The Human Rights Defense Center also noted the ongoing risk posed by more than a dozen active gas wells near the proposed site, as well as possible radon intrusion linked to coal mining in the area.

In a comment filed in response to the Federal Bureau of Prisons' (BOP) 2015 environmental impact statement for the facility, opponents also cited impacts on the local community -- including potential water pollution from the prison itself -- as well as on nearby habitat and wildlife. Two federally endangered species, the Indiana bat and the gray bat, are found in the region, as are some 60 other species with varying levels of state and federal protections. 

"It's a pretty huge step toward victory," Panagioti Tsolkas, cofounder of the Prison Ecology Project, a program of the Human Rights Defense Center, said of the DOJ's decision to abandon the plan.

The Prison Ecology Project and the Center for Biological Diversity point to growing local opposition, in conjunction with a coordinated campaign by advocates, as triggering the withdrawal. "This has been a tremendous effort by a lot of diverse groups coming together to oppose this prison, and shows the powerful impact we can achieve when the community comes together with activists from around the country to oppose a destructive project," Bird said.

In its announcement of the withdrawal of its request for funding, the DOJ cited a declining prison population over the past several years, and noted that the BOP could expand capacity at existing facilities and through private prisons if necessary. (The Federal Bureau of Prisons is a subdivision of the US Department of Justice.)

Not everyone has expressed support for the DOJ's decision. Local representative Hal Rogers (R-KY) argues that overcrowding in federal prisons necessitates new construction. In a June hearing on the Department of Justice's fiscal year 2018 budget, Representative Rogers argued that the project should proceed, emphasizing that Congress had already appropriated funding for the prison: "Congress has decided this and it's the Congress that controls the purse strings of the country… The money is there -- appropriated, authorized, everything in order." Rogers has also noted that the prison would be an important source of new jobs for an economically moribund region (though research shows that prisons generally don't improve the local economy and are, in fact, more likely to harm rather than help host communities).  

Opponents of the project remain cautiously optimistic while acknowledging that the victory may be temporary -- Congress hasn't yet passed the 2018 budget, and there's always the possibility that the DOJ could reverse course again at a later time. For now, the Prison Ecology Project is setting its sights on the next battle or battles, which might include: FMC Carswell, a women's prison in Texas built on a military base and surrounded by Superfund sites; a proposal to build a new prison on a landfill in Utah; a Hawaiian prison where the BOP has tried to skirt the environmental review process; and a proposal to build a women's jail on a toxic Superfund site in Los Angeles County.   

Tsolkas thinks the Letcher County win will lend momentum to these other fights. "The DOJ said basically they don't want the prison, they don't need it…. That's a powerful position to be fighting from."