Posted on 06/03/2012 7:16:29 AM PDT by Kaslin
The passage of time is marked with milestones. We each know where we were when President Kennedy was shot, when the Berlin Wall came down, and on the morning of 9-11. If we continue on the current course, you’ll be telling your grandchildren where you were the night the lights went out in America.
America’s energy policy is being dominated by environmentalists’ priorities—regardless of the impact to the American economy, individual communities, or economically-challenged citizens. The plans to shut down or limit America’s abundant, available, and affordable energy are organized, coordinated, and effective. The results will be “lights out in America”—a dim future.
On May 30, the Wall Street Journal alerted us to the Sierra Club’s new campaign aimed at killing the natural gas industry: “Beyond Natural Gas.” WSJ reports: “This is no idle threat. The Sierra Club has deep pockets funded by liberal foundations and knows how to work the media and politicians. The lobby helped to block new nuclear plants for more than 30 years, it has kept much of the U.S. off-limits to oil drilling, and its ‘Beyond Coal’ campaign has all but shut down new coal plants. One of its priorities now will be to make shale gas drilling anathema within the Democratic Party.”
How do they think we will power America? With intermittent, ineffective, and uneconomical wind and solar energy.
Why are the Sierra Club, et al, able to wield so much power? The Obama administration is friendly to their cause. Many of the agencies regulating domestic energy development are staffed with personnel culled from within the ranks of the environmental movement. And, they are not shy about their biases—as was revealed in the now famous “crucify” comment. They also use their vast resources to sue, and sue often. As a new report from the Kentucky Coal Association (KCA) reveals, they don’t just sue the coal miners and the coal-fueled power plants, they sue the EPA to force new standards which are often unattainable—thereby effectively stopping all use of coal. (Remember, natural gas is the next target.)
The EPA, then, goes around standard operating procedures to do the bidding of their environmental buddies.
In Kentucky, hundreds of individual coal mining permits are typically approved each year. The application process has been in place for years. Companies applying for permits know the rules and applications are submitted accordingly. If a rule change is to be made, there is a process that includes a series of public hearings and industry input—providing participation for all parties. When a new rule is implemented, it often has a phase-in period and involved parties can prepare as they know about it far in advance.
However, Lisa Jackson’s EPA isn’t constrained by rulemaking policy.
On April 1, 2010, without reason or science, public notice or opportunity for public comment, the EPA issued “Interim Guidance on Clean Water Act (CWA) procedures for Appalachian surface mines”—which initially applied to only six states: Kentucky, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia. Lisa Jackson acknowledged that few—if any—mines would be able to comply with the new benchmark set to limit wastewater discharges from surface coal mining to instream conductivity levels of 500 micro-siemens. Even if you do not understand the conductivity level of instream micro-siemens, you can grasp that the levels called for in the “guidance” are lower than levels found in nature.
In March 2010, 27 permits were issued under the known procedures. Since the “guidance” came out, without warning, on April 1, no new permits have been issued. One company was offered a permit with the 500 micro-siemens limit applicable to every phase of mining beginning on day one. The “virgin” stream was tested before any mining operations commenced and was found to naturally have 1200 micro-siemens. The company would have been in violation before they ever started. On July 21, 2011, the “interim guidance” was replaced with a “final guidance” which suggested that conductivity levels be 300 or less instead of the previous 500—which was already unattainable. Even expensive bottled water doesn’t meet the standards the EPA has set for discharges from coal mining.
For more than 2 years, the Appalachian economy has suffered the loss of hundreds of mines, equaling thousands of direct potential jobs, as a result of this “guidance”—which is not a “rule” but is being treated as one.
In October 2010, the KCA filed a lawsuit against the EPA contending that the issuance of the “interim guidance” violated the Administrative Procedures Act and the CWA by ignoring public notice and comment rulemaking requirements, and unlawfully usurping the state’s role in establishing water quality standards under CWA. That suit has been consolidated with a similar suit filed in West Virginia and with National Mining Association litigation and has been transferred to the federal court in the District of Columbia; the case is scheduled to be heard July 11.
Meanwhile, applications for individual coal mining permits have been denied. Shortly after the new “guidance” was issued on April 1, 2010, The Kentucky Energy and Environment Cabinet (KEEC) proposed to issue 21 permits for new and surface mines in Eastern Kentucky that did not include qualification for the sudden “guidance,” but met all prior imposed limitations and were consistent with previous applications that were granted permits. The state has the authority to issue permits and the EPA has oversight authority. In September 2010, the EPA issued specific objections to all 21 permit applications—thereby preventing their issuance, blocking jobs and revenues.
On July 1, 2011, the KEEC proposed another 19 permits for new or expanded surface mining in Eastern Kentucky. These permits included a number of enhancements to assure protection of aquatic life. In late September 2011, the EPA objected to all 19 permits—but did not specify the deficiencies. There are currently 36 applications pending; the other four have been withdrawn with the potential investment presumably going elsewhere.
In accordance with the CWA, if the EPA has specific objections, the applicant can request a hearing to challenge the EPA’s decision. The KEEC requested a hearing in December of 2010. Finally, after an 18-month wait, EPA has scheduled hearings for June 5 and 7. The Kentucky Coal Association estimates that just the 19 permits the EPA blocked last September have cost $123,861,000 in state coal severance taxes, 3,800 Kentucky coal jobs, and the production of 125,476,000 tons of coal—all while America is in economic crisis.
Additionally, the micro-siemens benchmark was slated to apply to six states but was pulled back to just two: Kentucky and West Virginia. Why were these states singled out? If micro-siemens were important, if clean water was really the issue, shouldn’t the “guidance” apply nationwide? Interestingly, the two states targeted for the new rules may be victims of retribution. Neither Kentucky nor West Virginia went blue in the 2008 election and are not likely to in 2012. The Democratic primaries in both Kentucky and West Virginia were an embarrassment to the Obama re-election effort. In Kentucky, “uncommitted” got 42% of the vote and in West Virginia, prisoner Keith Judd got 41%. Obama nemesis Mitch McConnell hails from Kentucky and West Virginia’s Democratic Senator Joe Manchin made waves when he ran a campaign ad in which he picked up a rifle and shot a target labeled “cap and trade bill”—which was an Obama campaign promise. Ohio, Pennsylvania, and Virginia were removed from the micro-siemens guidance. They are blue states that are important to President Obama’s re-election. Once again, it appears that the Obama administration is putting electoral posturing ahead of energy production. (If Obama gets re-elected, you can be sure the “guidance” will apply to more states and other industries.)
The micro-siemens guidance is applied under the CWA section 402. While other industries are governed by section 402, the micro-siemens guidance applies only to coal, and only in two states. The selective application indicates that it isn’t really about the water.
The Sierra Club doesn’t want America’s abundant coal resources used in America. Their efforts have already contributed to the announced closure of 100 US coal-fueled power plants and reduced demand for coal. “Sales to Midwestern power plants have slumped, as has the market price of coal, dropping so suddenly that many local mines are cutting back hours or closing,” reports the New York Times. “The anger toward Washington is palpable.” In the May 29 NYT article, Chris Lacy, an executive at Licking River Resources Inc., said “layoffs among his 350 miners—in Magoffin County, where unemployment is already 17.5 percent — are inevitable.” Addressing the increasing regulations against coal, Lacy says the “concerns are overblown.” He sees them as “a conspiracy by environmentalists and the Obama administration to destroy the way of life here in Kentucky.”
The Sierra Club wants to keep coal in the ground and out of international markets where coal-fueled power plants are being built faster than they are being abandoned in the US. They are filing lawsuits against mining companies to prevent extraction and claiming settlements which include their legal fees. Environmental attorneys are among the highest paid—getting double and triple what veterans’ or seniors’ advocates receive. This hurts not only the local economies, such as the one supported by Licking River Resources, but it also does harm to the US economy, as selling US products overseas helps our trade deficit.
If you are tired of the undue influence the environmental groups, such as the Sierra Club, hold over your energy use and cost—they proudly state that their attack on coal is “just the tip of the iceberg” (natural gas is next), stand with Kentucky against the singular attack. A pre-hearing rally is being held in Frankfort, KY, on June 5 from 5-7 PM between the Capitol Plaza Hotel and the Frankfort Convention Center where elected officials, pro-coal advocates, and invited guests will speak about the dangers of the EPA’s actions to Kentucky jobs. If you can’t make the rally, you can still offer written comment (Docket ID:EPA-HQ-OW-2012-0315).
If we do not stand up to these senseless attacks on the American way of life, our energy freedom, and our economic security, we will be telling our grandchildren where we were the night the lights went out in America.
In the dark.
environmentalists’ will be the first ones to complain when they flip the switch and the lights don’t come on. It will always be the other guys fault.
I hope Heritage Foundation & the Cato Institute & other such organizations have legislation ready to go, should the R’s win the Senate & Presidency. First & foremost, they should rescind the environmentalists ability to sue the gov’t & then get compensated for their ‘costs’. They’re milking the taxpayer & using it to destroy our country. We can defund the environmentalists pretty easily, just as we can defund the unions by curbing what they can get through collective bargaining. It just takes some common sense & willpower.
Find out who all these enviro-whackos are, get their addresses and turn off the power and water to their property. Let them do their part!
I will be at the polls trying to vote the usurper and the commies out of office.
A single executive order from a President Romney, bypassing environmental reviews, citing national security, would eliminate every single Sierra club lawsuit, as Bush’s similar action did with lawsuits to stop the border fence construction in 2007.
Lessee, whee was I on Y2k?
So will I
NO—All of the environmental stuff will vanish overnight—Once the war starts! This will be WW III-— Cyber war—Nuke-—Terror—etc... None of that will mean a hill of beans when cities are burning and rationing the norm. Finding food—any food —will be the biggest question. There will be a draft for the 20 million man army we will be needing—and lots of work to build the 800 ship navy. All of this can happen almost overnight. Illegals will vanish back to Mexico to escape the draft and nuke attack! Gay Marriage will not be an issue—Yes, the churches will be full. Traitors and defeatists will be hung from the lamp posts. How will this happen?
Israel hits Iran, Iran hits Iraq and US Bases, Our fleet is nuked, North Korea attacks South Korea, China invades, LA is Nuked, American Carriers sunk by subs. Ten days will have us dreaming for the way things were. This war we may not win. We may end up with Russia on our side. I feel war is coming! Grim and terrible—losses will be over 100 million or more. Lets pray I am wrong.
Fire Obama and the EPA!
And Ken Salazar to the Dept of the Interior?
And Sec of Energy Steven Chu?
And Regulatory Czar Cass Sunstein?
And Climate Czar Todd Stern?
And Science Czar John Holdren?
And Director of the White House Office of Energy and Climate Change (and former head of the EPA) Carol Browner?
DOES ANYONE HERE NEED A "CLUE" on how to rid ourselves of these, RABID, FAR-LEFT, GREEN-WEENIE-EXTREMISTS?
Hint: November 6, 2012.
The Fish Rots from the head; remove the head (FIGURATIVELY, speaking of course, for any DHS/TSA/SS/DOJ, et al, Jack-Booted Thugs who we know monitor this site) and ipso facto, these Hate-Capitalism/Energy/America, Goons are gone!!!
Vote your conscience (or stand on "PRINCIPLES") if you will; I'm voting to remove the most eeeevil, corrupt, dangerous, REGIME ever to have occupied the Oval Office.
Yeah!
I would like to know how acid raid figures into all these decisions, or if acid rain is even a problem any more(?)
How much more will the several States endure before invoking the Tenth Amendment? This is just one more instance where the Tenth should come strongly into play.
West Virginia and Kentucky would be fully justified in invoking the Tenth, saying to the feds “NO, YOU CAN’T” and their citizens would back them. A “well-regulated” bunch of angry, out-of-work coal miners could make one hell of a defensive stand, if they had the state’s blessing.
Let the feds try to force any state to comply with these insane and unfair regulations. Just let them try.
It has been a systematic attack spanning 20-25 years. For instance, look at the last part of this report which chronicles the series of lawsuits and regulatory actions aimed at destroying agriculture in the Klamath River Basin. Ther can be no doubt it is an intentional campaign of destruction. http://users.sisqtel.net/armstrng/IRWM%20siskiyou%20part1.htm
It has been the same for suction dredge gold mining. Not only has it been put on ice until 2016 with a moratorium from the legislature, the court-ordered regulatory rewrite puts mitigations into place that no one could accomodate and continue to have a viable operation. Those stakes in the heart not enough, the 9th circus has just ruled that, even though the Forest Services has no discretion to regulate the activity under the 1872 Mining Act, a section 7 Consultation is required under the ESA with NOAA - fisheries for the activity. (This renders it now a federally “permitted” activity.) No small miner could afford the process and remain viable.
They are truly taking down industry after industry. I guess that is to leave us with a “sustainable” way of life. Next comes the global “SCP Governance,” (Sustainable Consumption and Production Governance) which is the topic of Rio 20+ later this month.
As I understand it, all rain is mildly acidic when compared to naturally hard ground water. We notice that our pool pH changes after a rain. We’ve had the pool for nearly 30 years and it has always been this way.
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