VOLUME 34 NUMBER 8 DECEMBER 17, 2015
NON-PROFIT U.S. POSTAGE PAID LEXINGTON, KY. PERMIT NO. 513
Victory!
Tens of thousands can now get voting rights restored pg. 6
Change Service Requested
scales
Kentuckians For The Commonwealth P.O. Box 1450 London, Ky. 40743
BALANCING THE
2 | Balancing the Scales
www.kftc.org | December 17, 2015
Table of Contents Executive Committee Corner
is a statewide grassroots social justice orga nization working for a new balance of power and a just society. KFTC uses direct-action organizing to accomplish the following goals: • foster democratic values • change unjust institutions • empower individuals • overcome racism and other discrimination • communicate a message of what’s 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 Dana Beasley Brown, chairperson Tanya Torp, vice chairperson Elizabeth Sanders, secretary-treasurer Homer White, at-large member Sue Tallichet, immediate past chair
Chapter Representatives
Leslie Bebensee, Scott County Sarah Martin, Central Kentucky John Hennen, Rowan County Serena Owen, Northern Kentucky Ryan Fenwick, Jefferson County Alan Smith, Southern Kentucky Andrea Massey, Harlan County Randall Wilson, Perry County Megan McKinney, Madison County Lillian Prosperino, Letcher County Charly Sholty, Big Sandy Leah Bayens, Wilderness Trace Leslie McBride, Shelby County Alternates: Rosanne Klarer, Scott County; Sharon Murphy, Central Kentucky; Lisa Montgomery, Rowan County; Joann Schwartz, Northern Kentucky; Daniel Morgan, Jefferson County; Dora James and Jeanie Smith, Southern Kentucky; Carl Shoupe, Harlan County; Russell Oliver, Perry County; Meta Mendel-Reyes, Madison County; Eric Dixon, Letcher County; Kim Walters, Big Sandy; Lee Ann Paynter, Wilderness Trace; Nancy Reinhart and JoAnna Rouse, Shelby County 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 Plaza Drive Suite #4, Lexington, Ky, 40503 or tim@kftc.org. Subscriptions are $20/yr.
As KFTC we take on the challenges and plan to win.......................................................................................3
Member Commentary Challenging our own and others’ racial prejudices.......................................................................................... 4
Grassroots Fundraising Update Fall Fundraising Campaign Engages Members................................................................................................. 4
KFTC News With sharp focus, Steering Committee looks ahead to 2016........................................................................5
Voting Rights Update Tens of thousands can now get voting rights restored.................................................................................. 6
Local Updates Grassroots organizing brings minimum wage victory in Lexington...........................................................7
Economic Justice Updates Coverage for all: A personal story about the Affordable Care Act........................................................... 8
New Energy and Transition Update KFTC members consider best options for Kentucky’s energy transition .............................................. 9 A future beyond fossil fuels, fracking and pipelines is focus of summit................................................10 Kentuckians overwhelmingly call for a ban on hydraulic fracking............................................................10
Canary Project Updates Historic settlement resolves Frasure Creek clean water violations........................................................... 11 Stream Protection Rule.............................................................................................................................................. 11 KFTC merchandise...................................................................................................................................................... 12 We Are Kentuckians Rally ....................................................................................................................................... 12
Your membership in KFTC helps to build a community of Kentuckians working for New Power! NAME: _______________________________________ ADDRESS: _______________________________________ CITY: _______________________________________ STATE & ZIP: _____________________________________ PHONE: _______________________________________ EMAIL: _______________________________________
Suggested membership dues are $15-$50 annually, based on ability to pay. We welcome you to give whatever amount you are able.
Step Two: Payment Method: □ Check or money order enclosed □ Electronic Funds Transfer (best option for Sustaining Givers). Please return this form with a voided check from the account you wish to have the withdrawals made. □ Credit card: Complete information below. □ Visa □ Mastercard □ Am. Express □ Discover
Select which organization you would like to donate to:
□ KFTC: Membership dues and donations are not tax-deductible. □ Kentucky Coalition: Membership dues and donations are tax-
Card Number: __ __ __ __ -__ __ __ __ -__ __ __ __ -__ __ __ __
deductible.
Become A Sustaining Giver: Sustaining Givers provide steady
income to support KFTC’s work throughout the year. And being a Sustaining Giver allows you to give more than you might be able to give in a single gift. With as little as $5 per month, you can make a greater investment in KFTC. Make me a Sustaining Giver!
I will contribute $ _____ every: □ Month □ Quarter □ Year
I would rather make a one-time gift of: □$100 □$50 □$25 □$15 □$5 Other: $__________
@KFTC @NKY_KFTC @ScottCoKFTC @MadCo_KFTC
Expiration Date ___ ___ / ___ ___ Bank Withdrawal/Credit Card Payment Authorization
I authorize KFTC/KY Coalition and their authorized third-party processing vendor(s) 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.
Authorized Signature: _____________________________ Date: _________________
@EKY_KFTC @JCKFTC @WT_KFTC @SoKyKFTC
@VotingRightsKY @CanaryProject
www.kftc.org | December 17, 2015
Balancing the Scales | 3
executive committee corner
As KFTC we take on the challenges and plan to win By Sue Tallichet “Hello? Hey, how are you? They’re doing WHAT? Are we going to win this? Yes, we are!” That was my end of a phone call from a Rowan Countian whose house sits less than 100 feet from Kinder Morgan’s proposed “repurposed” natural gas liquids (NGL) pipeline. The corporate giant’s plan is to reverse the flow of an existing 70-year-old natural gas pipeline in order to convert to a product 150 times more volatile, natural gas liquids, from northern states like Ohio and Pennsylvania to Gulf ports for overseas transport. This “repurposed” pipeline would run through 18 Kentucky counties including Rowan. My caller admitted that Kinder Morgan’s proposal filled her with fear. It was keeping her and her neighbors up at night. Their land was meant for grazing cattle and horses, for growing gardens and, eventually, for deeding to their children and grandchildren. It was not meant for Kinder Morgan’s NGL pipeline and the constant specter of destruction and death. She had called to tell me about the constant flurry of construction at the compressor station so close to them and their neighbors’ homes and farms. It was getting very noisy and traffic was choking the smaller rural roadways. She was calling to ask me if all this activity meant that our fight to stop this unthinkable proposal was really over and that we had simply
failed. She was losing hope about the future of her land and her people. I could hear it in her voice. Her call was ever so timely. It came at the end of a daylong summit, a call to action among ordinary citizens about fracking, pipelines and our state’s future beyond fossil fuels. We came to listen to scientists, researchers, legal advocates and to each other. We shared our stories and strategies for stopping the pipelines and the destruction that fracking brings. We vowed to make our governments work for us. We gave each other strength and a greater sense of resolve. So far, six Kentucky counties (Boyle, Barren, Garrard, Madison, Marion and Rowan) had successfully persuaded our magistrates to pass resolutions against Kinder Morgan’s plans, but we knew there was much more to be done. I must admit, I swallowed hard before I told her that we would stop yet another example of corporate recklessness and keep our people and those 18 counties safe. My own anxious moment passed quickly. We do win. Nearly 30 years ago our founders won to defeat the broad form deed. Several years ago we stopped the coal-burning Smith Power Plant. KFTC members helped stop the proposed natural gas liquids Bluegrass Pipeline. In state-level court cases against coal companies that were violating the Clean Water Act, we fought with allies and won the right to intervene and just last week we forced one of those outlaw coal companies, Frasure Creek and its parent companies, to pay the largest fine ever levied in Kentucky and effectively banned it from mining coal in our state for the next five years or pay an even heavier price. This is just a sampling of our wins for ordinary citizens
BECOME A SUSTAINING GIVER Since August, lots of folks have signed up to become KFTC Sustaining Givers. And we want to offer you the opportunity to sign up before the end of the year and still receive a perk. Being a Sustaining Giver is the best way to support KFTC because: • You get to choose how much and how often you give. • You can have a bigger impact on KFTC’s work. Small monthly gifts can add up to a deeper investment throughout the year. • It’s easy. Once your Sustaining Gift is established, your membership is always current. Who are KFTC Sustaining Givers? People of all ages and income levels. • Parents • College students • Working people • Retired people To become a Sustaining Giver, fill out the form on Page 2. Sign up before December 31, and we’ll send you one of the perks below! $15/month
“Saving Kentucky: Greening the Bluegrass” by Sally Van Winkle Campbell and Thomas Hart Shelby. Or choose any other perk.
$10/month
KFTC Healthy Democracy Tote, perfect for vegetables from the farmers’ market or lobbying materials in Frankfort. Or choose the coffee perk.
$5/month
Mountain Dream Coffee, a whole-bean, medium roast created by our friends at Heine Brothers’ Coffee to support our work to build a healthier Kentucky.
doing extraordinary things. But hold on a minute. We are so much more than stopping things. We also believe in new beginnings reflected in the visionary projects we have going. Another sampling comes to mind: the Growing Appalachia Conference, the Benham Power Board, STAY, Fairness, SURJ, tax justice and voter empowerment. We have made many friends along the way from Smoketown to Whitesburg, from Bowling Green to Berea. There is no end to what we can accomplish. We are that bright promise that stands between what is just and fair and what is not. Don’t ever doubt it, not even for a moment. That has and always will be our mission. After all, we are Kentuckians.
KFTC OFFICES AND STAFF MAIN OFFICE Morgan Brown, Robin Daugherty, and Burt Lauderdale P.O. Box 1450 | London, Kentucky 40743 606-878-2161 | Fax: 606-878-5714 info@kftc.org
FIELD OFFICES Louisville Elizabeth Adami, Beth Bissmeyer, Alicia Hurle and Carissa Lenfert 735 Lampton Street #202 Louisville, Ky 40203 502-589-3188 Whitesburg Sara Pennington P.O. Box 463 Whitesburg, Ky 41858 606-632-0051 Central Kentucky Tim Buckingham, Jessica Hays Lucas, Beth Howard, Erik Hungerbuhler and Heather Roe Mahoney 250 Plaza Drive, Suite 4 Lexington, Ky 40503 859-276-0563
Northern Kentucky Joe Gallenstein 640 Main Street Covington, Ky 41005 859-380-6103 Floyd County Jessie Skaggs, Jerry Hardt 154 North Lake Drive P.O. Box 864 Prestonsburg, Ky 41653 606-263-4982 Berea Lisa Abbott, Amy Hogg, Kevin Pentz and Sasha Zaring 140 Mini Mall Drive Berea, Ky 40403 859-756-4027 Bowling Green Molly Kaviar 502-599-3989
email any staff member at firstname@kftc.org except for Jessica Hays Lucas, use jessicabreen@kftc.org; Beth Howard, use BethHoward@kftc.org; and Beth Bissmeyer, use BethBissmeyer@kftc.org Cover: Restoration of Voting Rights Champions. Top left moving clockwise — NC3 members, Tayna Fogle, Lexington Councilmember Chris Ford, Lillian Holloway, James Snyder, Danny Cotton, April Browning, and Governor Steve Beshear with Mantell Stevens and Michael Hiser. In memory of Lillian, James, Danny, and April.
4 | Balancing the Scales
www.kftc.org | December 17, 2015
member commentary
Challenging our own and others’ racial prejudices By Sarah Martin I was a voracious reader as a child. If a subject piqued my interest, I’d ask my Mom to take me to the library so I could find a book about it. Given that my father was big into what he called “wheeling and dealing” at flea markets for military relics, I spent a great deal of my childhood overhearing conversation about World War II history and seeing remnants and artifacts of a bygone era. I was fascinated by all of it and, even more so, by the sociological path supporters of the Nazi Party took to reach the point where such horrors, as what became the Holocaust, could happen. How could another human being treat another human being in that manner? How was it possible that a person was so susceptible to suggestion that all of their problems could be solved if they, literally, exterminated a whole religious group? I also remember being relieved to think, “I’m so glad that people nowadays wouldn’t do that. We live in a different world and there’s no way that this would happen again.” Today I wish I could recapture that naiveté and youthful hope. As I write this, there is a firestorm surrounding the presidential run of billionaire Donald Trump that’s polluting our country like coal slurry. The support that he’s finding in Kentucky and in pockets all across America is frightening. Many initially wrote him off, calling him a joke and asserting that no one should take him seriously. Others said he’s only doing this because he’s just that much of a narcissist, in love with himself and his delusions of power. There even have been claims that his candidacy is only a ruse to drum up support for just about anyone else, as they would pale in comparison to his awfulness. Regardless of the real reasons behind his presidential run, Donald Trump has struck a nerve with his mostly white supporters. In my opinion, he is a living, breathing embodiment of white supremacy. Dividing us further and peddling catchphrases to “Make America great again!” what Trump really means is that he would like to roll us back to the 1950s, when “those people,” i.e. Black and Brown folks, knew their place and didn’t speak up or talk back. Trump’s fanatical calls in the last week to ban Muslims from entering the United States and his latent encouragement as well as approval of his supporters in their attacking of Black Lives Matter protesters at his campaign events have me recalling those days of childhood when I read about Hitler’s rise to power. In the aftermath of recent terrorist attacks that occurred worldwide, I hear and read reports daily of U.S. citizens being verbally and/or physically assaulted because they are or they’re assumed to be Arab, they are or are assumed to be Muslim. Exactly the same actions occurred 14 years ago post September 11, 2001. Now, more so than normal, I am terrified for my Muslim and Arab friends, many who’re close enough that I consider them family. We all know that KFTC is a social justice organiza-
tion that focuses on making Kentucky a great place to live for all who reside here. We do excellent work to make real change at all political levels and we have a great time doing it because we love one another and we get the job done. So let me be clear, my KFTC family. I’m writing you today to say that the time is NOW to stand up against the Donald Trumps of the world, as well as the folks that follow him and believe in his hateful rhetoric. The time is NOW to show your solidarity with people of color and with those of the Islamic faith. Let your friends and family know where you stand and that you will not tolerate fear mongering and ignorance. We are humans first, and we all deserve respect and care. If you weren’t alive to experience the Civil Rights movement of the 1960s, there is no need to wonder how you would have reacted. What is happening today, in 2015, is just the next round in a fight that has raged in this country since it was founded 239 years ago. Your voice is needed
now more than ever. As we are presently in the full swing of the holiday season, we will be spending time with family and loved ones where discussions about these issues are bound to arise. I challenge us to meet them with grace and push back. I challenge us to challenge family and loved ones on their prejudices and I also challenge us to challenge ourselves on our own prejudices. I’ve been “unpacking the knapsack,” to quote Peggy McIntosh, of my white privilege for the last 15 years and I will continue to do so, as it’s a lifelong commitment and task to unlearn. I’m no longer young, with the child’s naiveté that I once possessed. I know better now and have seen this cycle unfold before in books and an encyclopedia that spoke of things now over 70 years old. I stand publicly in solidarity with my sisters and brothers of color and my sisters and brothers who are Muslim. Will you? Their lives could potentially depend on it.
FALL FUNDRAISING CAMPAIGN ENGAGES MEMBERS For almost 35 years, KFTC members have built power by working together. When we all bring what we can to the table we accomplish so much more than any of us can do alone. The Fall Membership and Fundraising Campaign is an example of KFTC members giving what we can to meet a larger goal. Though we recruit members and raise funds throughout the year, our big push is in the fall. With the goal to grow KFTC to 10,000 members and raise $500,000 by the end of the year, we entered the fall campaign in November with still a ways to go. More than 60 members signed up to be PowerBuilders (www.powerbuilders.kftc.org) by hosting personal online fundraising pages and inviting their friends and family to support KFTC. Other members pitched in by writing hundreds of
handwritten notes, making phone calls, hosting house parties, coordinating events, and promoting KFTC on social media. A generous KFTC member offered a $50,000 challenge match if we could raise $50,000 in the first week of December. Our members seized the challenge and raised $55,000 in one week. Hundreds of members have made gifts large and small to help us reach our goal. Thanks to everyone who has supported the campaign in all of these ways. You are helping to build New Power in Kentucky. As Balancing the Scales goes to press, donations and new memberships continue to roll in toward our goal. If you have not yet given, you still have time. You can donate online at www.kftc.org/donate. Or mail your gift to KFTC at P.O. Box 1450, London KY 40743.
www.kftc.org | December 17, 2015
Balancing the Scales | 5
kftc news
With sharp focus, Steering Committee looks ahead to 2016 The KFTC Steering Committee had an overnight retreat on November 20-21 in Lexington. The purpose of the retreat was to begin KFTC’s annual Program of Work process. This is the process by which KFTC leaders evaluate the past year and set priorities and goals for the upcoming year. The retreat began with each chapter reporting on new or good happening in their area. Chapter reps reported on local editorials, racial justice workshops, renters’ rights work, local fundraisers, the recent fracking summit, New Economy work, and so much more. But the big news came from Central Kentucky. Steering Committee Representative Sarah Martin and Alternate Sharon Murphy talked about the recent victory in getting a minimum wage increase in Lexington. “A lot of folks have worked a long time for this,” noted Martin. “It was truly a group effort and a really proud moment.” The committee focused a portion of their meeting on debriefing the recent election and discussing the impact of the election on KFTC’s work in the year ahead. “The election discussion was a great way for everybody to reflect on the past and get ready for the future,” said Murphy of Lexington. Reflecting on the election discussion, Eric Dixon from Letcher County pointed out, “While the results of the 2015 election are discouraging, digging deeper reveals a much better – and, I think, realistic – picture. 2015 was a huge year for Kentucky. We saw voting rights restored to thousands of Kentuckians who are former felons. We saw local bipartisan support explode throughout east Kentucky for just transition efforts like the proposed POWER+ Plan.” He went on to say, “These victories, when juxtaposed with [gubernatorial candidate Jack] Conway’s lack of electoral success, demonstrate something we’ve known all along:
when Kentuckians see a clear, bold vision for a better commonwealth, they support it. Kentuckians want to see progress in this state, but they want to see candidates who are willing to boldly stand for their vision, not play safe politics.” Homer White of Scott County echoed this sentiment. “Anything we can do to persuade a major party to field candidates who stand fearlessly for these principles will go a long way toward energizing progressive voters in Kentucky,” White noted. “We can accomplish this not so much by petitioning party officials but rather by continuing to organize on our issues and to win them, as we did recently with voting rights and with the minimum wage campaign in Lexington. When politicians see that progressives are working successfully on these issues, then they will be emboldened to stump for similar causes themselves. In short, they will follow our lead.” Meta Mendel-Reyes of Madison County noted that the election provides an important opportunity for KFTC. “We need to get stronger,” she said. “We can use this to build our power.” Leslie Bebensee of Scott County agreed. “We should try to figure out how the election outcomes and how folks are feeling about it might work in our favor,” noted Bebensee. “By galvanizing people disturbed about voter turnout and those determined to fight for what we stand to lose, we can build power.” She gave the example of a recent conversation with her dentist who, dismayed by election turnout and results, renewed his KFTC membership! After debriefing the election, the Steering Committee spent some time evaluating 2015, noting highlights from the year as well as things that could have gone better. They noted the importance of building on KFTC’s strengths in 2016 and
At their November retreat, Steering Committee members debriefed the 2015 General Election and looked for ways that KFTC members can organize in the new year to move Kentucky forward.
Joann Schwartz and Tanya Torp worked together during a breakout session.
shoring up the areas where the organization can improve. In thinking about priorities and goals for 2016, the Steering Committee continued a conversation they’ve been having about how to do a better job of prioritizing within KFTC – how to align our capacity and resources with our ambitious vision and goals. Committee members worked to develop a tool they’re calling the “KFTC Compound Lens.” A compound lens is a series of lenses that share an axis and help to bring something into focus. The KFTC Compound Lens, as developed by the Steering Committee, is a set of considerations that might influence what is prioritized in the coming year. The lenses help illuminate key aspects of the landscape in which KFTC is working that might impact what we do or how we do it in the year ahead. The KFTC Compound Lens is made up of the following individual lenses, with KFTC’s Vision being the axis around which each rotates: • KFTC 2021: Where we hope to be in 5 years • KFTC 2016: Our Self Assessment / reality check • Political Landscape • Opportunities and Threats • Existing Commitments The committee did some work to develop the Compound Lens tool and plan to share it with the KFTC issue committees as they reflect on their specific issue campaign in 2015 and begin to plan for 2016. The Steering Committee will continue to use the tool when they reconvene in January to finish the Program of Work process. Murphy noted, “I loved the Compound Lens work we did at the meeting. It really put into perspective how all the issues KFTC takes on makes Kentucky a better place to live. It also serves as a tool to get started on the Program of Work.” Thinking about the year ahead, Dixon connected the election conversation to our ongoing organizing work. “In terms of what matters most – building new power across Kentucky – we made massive gains this year. The next step is lifting up that new power in 2016 to make real change, and, on the electoral front, empowering candidates with the boldness to own the vision Kentuckians really want.”
6 | Balancing the Scales
www.kftc.org | December 17, 2015
voting rights Update
Tens of thousands can now get voting rights restored Kentuckians throughout the state are elated that Gov. board, who is serving in local offices that affect our commuSteve Beshear has taken steps to restore the voting rights for nity.” tens of thousands of state residents. Studies by the Kentucky League of Women Voters “Pretty awesome,” is how KFTC member Mantell Ste- and the Sentencing Project estimate that there are 180,000 vens reacted to the news. “To be able to vote means a lot to Kentuckians who have completed their felony sentences and me. I always encourage people to vote, but now I can lead are not able to vote. That’s about one in 17 Kentuckians of by example. I tell my nieces and nephews the importance of voting age and one in four African Americans – one of the voting, but I could never vote myself. highest rates in the nation. “To be able to actually go and vote and to show them the Beshear’s order will affect an estimated 140,000 former importance of participating in democracy will mean so much felons, plus an additional 30,000 who have not yet completto me,” added Stevens, who lost his right to vote in 2000 af- ed their sentences, according to Brennan Center estimates. ter spending 30 days in jail and three years on probation for Former felons not covered under Beshear’s order may a drug possession charge. still apply for an individual pardon. At a Tuesday press conference before a room packed Kentucky is one of only four states that permanently with voting rights supporters, Beshear outlined a simplified disenfranchise people convicted of a felony. Up to now, only process for Stevens and more than 100,000 other Kentuck- those who received an individual pardon from the governor ians to immediately apply for and receive their voting rights had their rights restored. back. “Restoration of my voting rights was key to feeling like I “The right to vote and the was a part of society again,” added right to hold office are fundamen- “To be able to vote means a lot to Jason Smith of Elizabethtown, one tal foundations of our democracy. me. I always encourage people to of a small number of Kentuckians Yet in Kentucky it is estimated that vote, but now I can lead by examwho have received one of those we deny those rights to an estimatgubernatorial pardons. “I felt like ed 180,000 adults,” Beshear said. ple. I tell my nieces and nephews I was sentenced to a civil purga“Why? Simply because at some the importance of voting, but I tory, with a scarlet letter around my point in their lives they have been could never vote myself.” neck. Being able to get my voting in trouble with the law. We ignore rights back allowed me to get jobs the fact that they have paid for Mantell Stevens, Lexington I couldn’t before, and even allowed their crimes and served out their me to become a chaperone at my sentences. child’s field trip to Frankfort.” “This disenfranchisement makes no sense. It makes no “Getting your voting rights back is so important,” said sense because it dilutes the energy of democracy, which func- Teddi Smith Robillard of Lexington. “As long as you are tions only if all classes and categories of people have a voice, denied voting rights, you are still serving your sentence. And not just a privileged, powerful few … It makes no sense be- that’s not right.” cause it violates the principles of fairness.” Proponents of a healthy democracy have, for nearly 10 Beshear said he was signing an executive order institut- years, pushed legislation that would automatically restore ing a new policy that automatically restores voting rights voting rights. Since 2007, each year those bills have been for felons provided they meet three criteria. Those criteria approved by the Kentucky House by large bipartisan marare that the individual has fulfilled their sentence, has no gins only to be killed by Senate leaders. That prompted the pending criminal charges and was not convicted of a violent, request to Beshear to take executive action. sexual, bribery or treason offense. “Today is a wonderful day. This is so badly needed,” said Once the Department of Corrections makes the de- former state Rep. Jesse Crenshaw, who for years was the chief termination that the former felon meets those criteria they proponent of the legislation to change the state constitution will receive a certificate of restoration of civil rights and may to make voting rights restoration automatic. “What we have register to vote or run for public office today is democracy at its best.” This is a huge victory for many others like Tayna Fogle KFTC members say they will continue to push for legwho have organized and worked for a decade for voting islation that will allow the action Beshear took to become a rights restoration for former felons. Fogle, Stevens and other permanent part of Kentucky’s constitution. KFTC members and allies met with the governor in the sum- Added Stevens, “Sometimes it takes a lifetime to see mer and asked him to take executive action to restore voting change, but to see something like this manifest in my lifetime rights to former felons. is amazing. This action and the work we did to get here is a “The governor’s announcement today is the result of a part of Kentucky history. We are a part of Kentucky history. decade of work by organizations and political leaders who And that is pretty awesome.” came together in unity. It took a lot of labor, education, Added Fogle, “We have been at this a long time. Today’s outreach, fundraising and grassroots efforts by Kentuckians announcement shows that change is possible if we hang in For The Commonwealth and other groups,” said Fogle. “This there, together, and never give up.” is about making sure that everyone in our communities has Officials said the application for civil rights restoration is a say in the decisions affecting their lives. It’s about making available on the Department of Corrections website. sure that my neighbors have a say in who is on our school
HOW KFTC BEGAN TO FIGHT FOR VOTING RIGHTS By Dave Newton In the big 2004 election, the Central Kentucky chapter of KFTC was building our electoral muscles, really for the first time. We had an ambitious campaign to register 2,000 voters, but also to be in touch with each voter by mail and phone multiple times before election day and to get them nonpartisan information about candidates running for office. That model probably sounds familiar to most KFTC members now, but this was the first time we did it. Part of the focus of that campaign was on winning a ballot referendum to get dedicated funding for the LexTran bus system, which had just cut back routes in low-income communities. So we spent a lot of time going door-to-door in north Lexington in black neighborhoods and registering voters at LexTran bus stops and even on the buses themselves. The scale of the effort really gave us the opportunity to connect with a lot of people, to recruit new KFTC members, and to get real insights into the issues people cared about in the communities we most wanted to build power in. And time after time, when we went door-to-door, the issue people told us about was voting rights. People would tell us, “I’m glad you’re registering people to vote. That’s important. But I can’t vote because of something I did 40 years ago.” Lots of people told us this – bus drivers, grandmothers, preachers and small business owners. It turned out that Kentucky was one of just six states at the time where if a person committed a felony, they’d lose the right to vote for the rest of their lives unless they got a partial pardon from the governor. And at that time, Kentucky’s new Governor Ernie Fletcher hadn’t granted even one of the 696 people who had applied their right to vote back. Our chapter had our hands full with local campaigns, but we knew this was too important of an opportunity to pass up. But from the very beginning, we also knew it was something we couldn’t win on our own. In those very first meetings in August, KFTC convened the first Restoration of Voting Rights Coalition meetings with ally groups like the Central Kentucky Council for Peace and Justice, the League of Women Voters, the Central Kentucky Civil Liberties Union (CKCLU), Democracy Resource Center, and Emmaus Village. Our initial objectives were to hold a series of educational events and panels, continue to talk to people doorto-door, and to build to a rally and press conference in Lexington, calling on Gov. Fletcher to start restoring the right to vote to former felons who have served their debt to society. Read more at KFTC.org/blog
www.kftc.org | December 17, 2015
Balancing the Scales | 7
Local Updates
Grassroots organizing brings minimum wage victory in Lexington Central Kentucky KFTC Chapter members are still celebrating a big victory in Lexington. On November 19 the Lexington Fayette Urban County Government voted 9-6 to raise the minimum wage in Fayette County from $7.25 to $10.10 over a period of three years. The chapter had worked on this issue for nearly a year by lobbying council members, cosponsoring and attending rallies, speaking at council meetings, writing and calling council members, and writing op-eds and letters to the editor, among other strategies. This victory is significant not only because it will affect an estimated 31,300 workers, according to the Kentucky Center for Economic Policy, but also because it makes Lexington the second city in Kentucky and only the third city in the South to raise the minimum wage. Janet Tucker, a long-time KFTC member, former KFTC chair, and co-chair of the Working Families Campaign, is excited about the victory. She first brought the issue of raising the minimum wage to the chapter. “This was a tremendous victory for thousands of hardworking people in Lexington!” Tucker said. ”Much thanks goes out to the many people, including KFTC members, who worked on this for months, to Jennifer Mossotti who championed this bill, and to Steve Kay and all members of council who voted for this bill. “We realize this is not a living wage and there is still much work to be done. The Lexington Working Families Campaign will continue to work for equity here in Central Kentucky.” On July 1, 2016, the minimum wage will increase to $8.20 an hour, to $9.15 an hour on July 1, 2017, and then on July 1, 2018 to $10.10 an hour. The chapter worked as a part of The Working Families Coalition, which included Central Kentucky Council for Peace and Justice, the Lexington Chapter of the NAACP, Kentucky Center for Economic Policy, Kentucky Equal Justice Center, Community Action Council of Lexington, and more. Throughout the campaign, the council heard hours of testimony from those in support of the ordinance, as well as those who opposed it. In the end the council voted in favor of the ordinance and showed progressive leadership. Those who voted in favor of the minimum wage increase were Jennifer Mossotti, James Brown, Jake Gibbs, Shevawn Akers, Peggy Henson, Angela Evans, Vice Mayor Steve Kay and Richard Moloney. Those who voted against the ordinance were Amanda Bledsoe, Russ Hensley, Bill Farmer, Fred Brown, Jennifer Scutchfield and Kevin Stinnett. The Central Kentucky Chapter’s Steering Committee Representative Sarah Martin read the following statement on behalf of the chapter to the LFUCG Council the evening of the vote: “We are the Central Kentucky chapter of Kentuckians For The Commonwealth, and we believe that all Lexington’s workers deserve a wage that can sustain themselves and their families. Our work to raise Lexington’s wage is led by those of us who are low-wage earners. We’ve been overwhelmed by the support that
Central Kentucky KFTC members and allies celebrate their minimum wage victory after the council vote.
Lexington has shown for this ordinance, from the local media, local business owners, and from the people who recognize us in our workplaces, and offer encouraging words. It’s clear that Lexington is ready, that we can do this. We thank the council for reflecting the local momentum by holding the line on a $10.10 increase. We – the low-wage workers whose lives would be impacted by raising the wage – say this: We work hard, we make valuable contributions to our community, and we are excited by the possibility of fairer wages.”
As the chapter members celebrate the victory, they
know that while it is definitely a step in the right direction, they will not stop there. In negotiations for passage of this ordinance, a raise for tipped workers was excluded, as well as tying the ordinance to the Consumer Price Index. And members are excited by the “Fight for $15” campaign. Jesus Gonzalez is a member and a tipped wage worker who worked on the campaign even after tipped wages were removed from the ordinance. “We won a raise to $10.10 and that is huge. However, we still have work to do. We need a full living wage and to help tipped workers. The tipped minimum wage has been $2.13 since the ’80s. It is time to bring those wages to 2016 standards.”
ACTION: Support Tax Reform in early 2016 Beyond attending the We Are Kentuckians rally on January 5, we have two other great opportunities in January to lift up our voices in support of tax reform that raises revenue to pay for important programs and services. Gov. Matt Bevin will deliver both a State of the Commonwealth address and a State of the Budget address sometime in January. While we can’t predict exactly what will be said, we know that in these speeches Gov. Bevin will lay out his proposed budget and policy priorities. And we want to speak up with our own priorities, like better schools, better health and wellness services, clean water, affordable education, and others that lead to a better quality of life for all Kentuckians. As of this print deadline, Gov. Bevin’s office hasn’t announced dates for these addresses. Visit KFTC’s website or call the Governor’s office at (502) 564-2611 in early January to find this info. KET will broadcast both addresses live on TV and online. Warming up some coffee and tea and inviting friends over to watch these speeches and writing letters to the editor is a great way to engage your personal network in our tax reform work.
8 | Balancing the Scales
www.kftc.org | December 17, 2015
Economic Justice Updates
Coverage for all: A personal story about the Affordable Care Act KFTC member Jess Deis shared this story on social media last month. Others have shared it with their friends and networks because it lifts up the importance of health coverage without barriers. It’s also inspired others to tell their stories of accessing health care coverage through Kynect and Medicaid expansion. By Jess Deis, Jefferson County Chapter Here’s my family and my story. When my husband got out of the military in 2008, we moved to Kentucky because it was the only place that ever felt like home to me, with no idea how rough the job market was for a veteran or that healthcare reform was around the corner. For years he’d work temp or side jobs while attending school; meanwhile, I ran a non-lucrative photography business. This got the bills paid, but nothing extra. Fortunately we qualified for SNAP and didn’t have to choose between lights and food. Fortunately my kids qualified for Medicaid and we didn’t have to abstain from medical treatment for them for fear of costs. In 2012 I returned to school to go into the field of health care. All the while with no health coverage of my own. To our pleasant surprise, Kentucky adopted the Affordable Care Act in a big (and arguably successful) way. In 2014 I had health insurance for the first time since the military. For the first time in a decade, I saw a primary care doctor and got a well woman exam. The well woman exam showed abnormal cells on my cervix and I was able to make an appointment with a specialist with no second thoughts about cost. This ultimately led to a cancer diagnosis and the need for major abdominal
surgery to have the cancer and anything potentially affected removed. Once again I was able to schedule this without fear of prolonged debt or medical bills I couldn’t afford. I was able to graduate just a few days before my surgery. I was able to return to work as a registered nurse after I recovered. Next year, my whole family will have health coverage provided by my employer, but had I not finished school when I did, if I were to lose my job, if I continued to run my own business, etc., I fear for how it’d affect our ability to receive health care because Kentucky elected a governor who feverishly wants to remove the Medicaid expansion that has benefited us so greatly. Would I be able to get my regular followups to make sure the cancer hasn’t returned? Would my daughter be able to see her cardiologist regularly to ensure that her heart is still performing adequately and surgery is not yet warranted for her? What if we could handle the cost of an office visit and he informed us that that inevitable time had come and to clear our calendars for a hospital stay? Would we then have to decide between food and medical bills? My husband and I both work, always have. He is a veteran, yet his family has no form of guaranteed health coverage. I’ve been contributing to the tax pool for 18 years, him a few less. We’ve also benefited at various points in those years. As a nurse I now have a fairly comfortable salary. My checks are taxed heavily, but I don’t usually mind because I think of families like my own. I think of how much “entitlements” like SNAP and Medicaid have benefited me. I’m just paying it back. I’m also paying it forward, be it for myself or someone else. None of us plan for living a life, no matter how temporary, destitute and in poverty.
The Affordable Care Act gave Jess Deis, her husband Brian, and their three children health insurance for the first time in more than six years. Photo by Lisa Easter
It’s humbling enough to go without, as it is. Being able to make informed healthcare decisions without the burden of financial concern should be a human right. I am sad for my Kentuckian brothers and sisters. I am scared for the hundreds of thousands that will lose coverage as well as those who may need it in the coming years.
ACTION: TAKE ACTION FOR HEALTH CARE COVERAGE FOR ALL, NO BARRIERS Kentucky has earned national acclaim for our state health exchange and our expansion of Medicaid. Kentuckians’ broad support for Kynect and Medicaid expansion speaks to how deeply we value health care coverage for all without barriers. Kynect was built by Kentucky for Kentucky, and it works well. But Governor Bevin has indicated he’ll dismantle Kynect, a process that he could begin before the end of the year. Dismantling Kynect would create more barriers to coverage, would cost jobs and millions of dollars, and would roll back the important progress that Kentucky has made toward good health. Take Action! 1) Call the Governor’s office and let Governor Bevin know that you support Kynect. The Governor’s office number is 502-564-2611, and his email form is online at http://governor.ky.gov/Pages/contact.aspx.
Sample message: “Kynect is for Kentucky by Kentucky, and like the majority of Kentuckians, I support it and our Medicaid expansion. I urge you to keep Kentucky’s health care coverage as is.”
2) Contact your senator and Senate leadership and tell them that you support Kynect. You can call the message line at 1-800-372-7181, or use the email addresses at lrc.ky.gov.
#DontDisKynect and #KeepKynect. 4) Join us on Jan. 5 for the We Are Kentuckians Rally, 1 p.m. in the Capitol Rotunda. This is KFTC’s largest event of the session. Come and stand in support of all the great momentum—like ensuring that all Kentuckians have access to health care coverage—that Kentucky is making across the state.
Sample message: “I’m another Kentuckian who supports Kynect and Medicaid expansion. Please do everything you can to urge the Governor to protect it.”
5) Plan to join us in Frankfort. This session will be an important place to voice your support for Medicaid expansion. Plan to join us for a Tuesday, Wednesday or Thursday.
3) Tell your story. Jefferson County member Jess Deis circulated her story to help folks talk about the importance of Medicaid expansion and Kynect. You can do the same. Share your story with others. Use your local paper and social media, with the hashtags
Several great organizations in Kentucky are working to help Kentuckians understand and share out the impact of Kynect and Medicaid expansion. Here they are: The Kentucky Center for Economic Policy, Kentucky Voices for Health, and Kentucky Equal Justice Center.
www.kftc.org | December 17, 2015
Balancing the Scales | 9
new energy and transition updates
KFTC members consider best options for Kentucky’s energy transition In early December about 20 KFTC members, staff and allies gathered for a two-day training and strategy session to learn about the U.S. Environmental Protection Agency’s Clean Power Plan and consider the complex energy choices facing Kentucky. The event was part of KFTC’s Empower Kentucky project, which aims to develop a model plan showing how Kentucky can create good new jobs, energy savings and improved health while complying with the EPA’s climate rules. Over the coming years, Kentucky has the opportunity to begin a transition to a cleaner energy system while creating good new jobs and improving health and economic security. Or Kentucky officials could make choices that deepen our dependence on polluting fuels and our exposure to economic risk, even as the rest of the country embraces cleaner and cheaper sources of energy. Throughout the meeting, KFTC members were pleased to host and learn from David Farnsworth, a national expert in utility planning and policies with the Regulatory Assistance Project. “We don’t know what the future holds. The idea is to prepare with everything you have and think about how well different approaches will hold up over a range of likely futures,” Farnsworth advised. “You want to look for no-regrets strategies. What choices will serve Kentucky best, no matter what happens in the future?” On the first day of the training, participants reviewed Kentucky’s rapidly changing energy landscape, including a look at data from a report called Kentucky’s Energy Profile 2015, released recently by the Kentucky Department for Energy Development and Independence. The group looked at some of the big ideas in EPA’s Clean Power Plan, the complicated new rule that aims to significantly reduce carbon pollution from U.S. power plants by 2030. Then together they identified some challenges and opportunities for KFTC’s Empower Kentucky project, including:
Make the case for Kentucky to develop a state plan, full of good, home-grown solutions. (The Kentucky legislature passed a law in 2014 making it nearly impossible to submit a plan that complies with the CPP. In that case, the EPA will impose a one-size-fits-all solution on the utilities in our state). Most utilities and many energy experts believe Kentuckians will be better served by creating our own compliance plan. KFTC members have an important opportunity in the coming months to make the case for a state plan to our lawmakers. Reach out to a broad range of possible allies, including labor unions, rural electric cooperatives, other utilities, health professionals, business and industry leaders, affordable housing groups, and others to explore ways our interests may align. Develop an environmental justice analysis showing which communities have the highest cumulative pollution burden from our energy sector. Deeply engage those communities. Make sure their voices are heard. Prioritize pollution reduction, job creation and energy savings in those communities. Significantly expand energy efficiency and renewable energy investments in Kentucky, especially projects that benefit low-income and pollution-impacted communities. Support a just transition for affected coal and power plant workers, and ensure that people in affected communities can access job training and high quality, clean energy jobs. Fully consider the cost and benefits of all pollution generated or avoided by different energy choices, not just carbon dioxide.
Nearly 30 Kentucky authors and artists who have been part of KFTC’s efforts to protect the people, land, water and culture of communities where coal mining was destroying the land gathered in November for a reunion. Ten years ago, the writers and artists participated in mountaintop removal tours and listening sessions coordinated by KFTC. Those tours had a deep personal impact on many and spurred their involvement in successful efforts to raise awareness locally and nationally of the injustices brought by mountaintop removal. Photo by Ann Olson.
Figure out the best ways to communicate about these issues in ways that are simple, clear and compelling, with a focus on health and jobs. Build shared political will and grow grassroots political power in support of a just transition to a healthy, clean energy future. Develop effective ways to engage candidates and voters in 2016 around energy, jobs, health and climate issues. Identify ways to direct significant new dollars towards energy efficiency, renewable energy, and a just transition for workers, especially in economically distressed communities and places most affected by pollution. Advance additional solutions – beyond just what’s needed to comply with the Clean Power Plan. For example, push for federal debt-relief for rural electric cooperatives. Create a set of good energy policy ideas for small towns and cities in Kentucky. And more!
At the end of the two days, members reflected on the hard work they had done together. “I’m going to keep hammering away at the importance of energy efficiency in these discussions,” said Chris Woolery. “Energy efficiency is the answer. Now what’s the question?” “I’m a community advocate,” said Serena Owen. “To me the most important thing is getting these conversations going locally. I’m interested in building New Power and finding solutions that are good for all people. And I mean all people.” “I’m optimistic,” concluded a smiling Preston Miles, a KFTC member from Danville. “The table was set very high for this discussion. I think we were very productive.”
Photographers Dobree Adams (above with Keith Mountain) and John Nation recently completed a photography exhibit at the Louisville Public Library titled “Resilience and Reality.” With nearly 10 years of photos, the exhibit “was a tribute to the resilience of the people of the Appalachian mountains and recognition of the reality of the changed and changing landscape.” Featured were photographs of KFTC members Daymon Morgan and Sam Gilbert, shots from I Love Mountains Day, and many landscape scenes from eastern Kentucky.
10 | Balancing the Scales
www.kftc.org | December 17, 2015
new energy and transition update
A future beyond fossil fuels, fracking and pipelines is focus of summit Concerned about the future health of Kentuckians and our land, air and water, more than 150 people met on November 7 to become better educated about pipelines, fracking and the great potential for a future beyond fossil fuels. Attendees at the day-long summit in Lexington heard from citizen experts on pipeline safety, clean energy and energy efficiency installers, and residents who are organizing their local communities. Several KFTC members were among this last category, and they participated on a morning panel to tell about their local efforts to raise awareness about the proposed repurposing of a Kinder Morgan natural gas pipeline to one that would carry hazardous liquids. Sarah Vahlkamp has helped organize residents in Boyle County to first convince the Boyle Fiscal Court and Danville City Council to pass resolutions opposing the re-purposing of Kinder Morgan’s Tennessee gas Pipeline. “We formed a volunteer steering committee … we educated ourselves, we talked to local government officials … we had wonderful support from the local newspaper. “We feel like we’ve had some success. We had three public meetings that were very well attended. And just this week our Planning & Zoning adopted a text amendment to require a conditional use permit for any hazardous materials passing through our county.” Angela Briggs also had success in getting local officials to act. “I started talking to people, telling them here’s what
they’re trying to do to Barren County,” she said. But she soon realized that trying to convince others of her concerns was not the most effective approach. Instead, Briggs provided basic facts and asked people to look into what the re-purposed pipeline might mean to them on their own. She met emergency responders, law enforcement officials, local tourism officials and landowners along the pipeline – folks who have a direct stake in the safety of the pipeline – and simply asked them if they knew what Kinder Morgan had planned for Barren County and were they prepared for an accident. “Once I brought it to them, I didn’t try to sell them on fossil fuels versus wind power versus solar. I met them where they were. And then when we went to county government there was a whole group of people, Democrats and Republicans, environmentalists and non-environmentalists, that didn’t want this pipeline.” “I’m proud to say the Barren County Fiscal Court unanimously passed a resolution.” It took a couple of attempts for the Rowan County KFTC Chapter to find similar success with their local fiscal court. Magistrates were hesitant at first, but after a community education effort to build strong support for action, the fiscal court unanimously passed a resolution. “We went to see the publisher of the Morehead News. He said this is a terrible idea. He got one of his reporters to do a series of articles, and that’s how people in the county started to hear about what was going on,” described Sue Tal-
lichet. “We had editorials ourselves.” “It was about education. Most people figured out what was going on,” added Tallichet. That education led to pressure on magistrates who unanimously passed a resolution the second time KFTC members put the issue before them. This was the second year for the “Pipelines, Fracking and Kentucky’s Future Beyond Fossil Fuels” summit. It focused largely on education. Tallichet, who attended last year, said, “This is where I learned what Kinder Morgan is trying to do. This is where I got the information that we then turned over to our magistrates, turned over to our judge-executive, turned over to the public.” The summit was largely organized by Chris Schimmoeller of Franklin County, who said the goal is to enable Kentuckians to learn about these issues to become better able to address them on the local and statewide levels. “This summit was inspired by the successful resistance to the Bluegrass Hazardous Liquids Pipeline and the real and ongoing threats posed by the re-purposing of the Tennessee Gas Pipeline, and the purchase of thousands of leases for hydraulic fracking in eastern Kentucky,” Schimmoeller said. “Our individual battles are part of a larger fight for the health and safety of our land, our communities and our planet.” Afternoon workshops focused on moving Kentucky away from fossil fuels toward an energy future powered by clean energy and efficient use of that energy.
Kentuckians overwhelmingly call for a ban on hydraulic fracking Kentuckians who testified at three public hearings last summer or submitted written comments overwhelmingly want strict controls or an outright ban on high-volume hydraulic fracking. According to a summary of the hearings and comments submitted through email, comments were received from 834 individuals, with 732 of them calling for a moratorium or ban on hydraulic fracking. Only nine of the comments received were classified as being “pro industry.” KFTC comments, which supported a hydraulic fracking ban, focused on worker safety, protections for residents near drilling operations, soil and water pollution, regulatory gaps, landowners’ rights, fracking wastewater, social impacts and pipeline safety. “Kentucky should instead invest in developing clean energy and energy efficiency programs such as those proposed in the Clean Energy Opportunity Act, which has been introduced in the Kentucky General
Assembly. Passing the Clean Energy Opportunity Act would create more than 28,000 local jobs, curb energy costs for our families, farms and businesses and improve Kentuckians’ health and well-being,” said the comments signed by KFTC’s Land Reform Committee Co-chairs Mary Love and JoAnne Golden Hill. The summary was released in October by the Energy and Environment Cabinet, which had solicited the public comments. The results were given to the governor and legislative leaders, and are supposed to guide the work of the Oil and Gas Working Group charged with reviewing and updating Kentucky’s oil and gas laws. The public hearings were held in July in Madisonville, Somerset and Hazard. About 150 people attended these sessions, and 778 individuals submitted comments via email. Here’s a summary of the various issues and concerns mentioned in the comments.
A copy of the cabinet’s summary can be found here: http://oilandgas.ky.gov/Documents/OilGasReportOct2015final.pdf A copy of KFTC comments can be found here: http://bit.ly/1lNAeyw
Comment Type (from 834 individuals)
Total Comments
Moratorium or Ban on Fracking
732
Air Pollution
686
Water Contamination Health
Social Issues Renewables
Earthquakes
Pipeline Safety
Stronger Relationship Between DOG/DOW High Water Use
Waste Management
High Penalties/Bonds
Increased Pollution due to Karst Terrain Climate Change Miscellaneous
Energy Conservation
Pro-Industry/Economic growth Total
Source: Kentucky Energy and Environmental Cabinet
721 685 587 592 137 119 87 23 17 21 17 7 4 2 9
4,446
www.kftc.org | December 17, 2015
Balancing the Scales | 11
Canary Project UPDATEs
Historic settlement resolves Frasure Creek clean water violations A coalition of citizens groups entered a settlement with Clean Water Act cases in Kentucky. Frasure Creek Mining and the Kentucky Energy and En- In 2014, the groups discovered that, once again, Frasure vironment Cabinet that resolves years of Clean Water Act Creek was duplicating or otherwise falsifying water pollution violations numbering in the thousands at the company’s reports. Almost half of the company’s data submitted for the surface coal mines in eastern Kentucky. The violations in- first quarter of 2014 was copied from previous reports. In clude duplicated water pollution monitoring reports, failure November 2014, the groups filed a notice of intent to sue to report pollution, and exceedences of pollution permit over the new violations. The cabinet then filed an enforcelimits. ment action against Frasure Creek, which the citizens groups The settlement comes as the newly elected Bevin admin- joined. istration is taking office, setting a critical benchmark for the “It takes all of us as citizens to protect our water and air new Secretary of Energy and Environment that has connec- for our children’s children from the abuse and robbery of tions to another coal company guilty of similar violations. polluters. That is what this is all about; that is why this is so The settlement includes a $6 million fine – the high- important,” said Pat Banks of Kentucky Riverkeeper. est ever entered by Kentucky against a coal company for The administrative order resolves the cabinet’s case environmental violations. In the against the mining company. settlement, Frasure Creek admits The citizens groups had also sued “This settlement comes after to the violations and agrees to Frasure Creek in federal court a half decade of effort and a immediately pay $500,000. If the over the same violations, and precedent-setting decision company defaults on payment, it will soon file a consent judgment from the Kentucky Supreme will be liable for the full $6 million with the court that incorporates Court affirming the importance fine. In addition, if Frasure Creek, the terms of the order. which is currently not mining in “Frasure Creek’s history of citizen intervention … We the state, or its owners want to reof egregious violations spans the citizens will remain vigisume mining, they must pay $2.75 nearly a decade now,” said Pete lant to ensure that the laws are million before a permit application Harrison, an attorney for Waenforced and the people of the will be processed. terkeeper Alliance. “Kentucky “This settlement should send shouldn’t tolerate chronic lawcommonwealth are protected.” a strong signal to the new adminbreakers like this, and under our istration that citizens can and will settlement, Frasure Creek must Ted Withrow hold the state accountable for stay out of the coal business in KFTC Litigation Team vigorously enforcing laws against Kentucky. Unless the company’s polluters to ensure the health of owners prove they’re willing to our waters and communities,” said Erin Savage, Central Ap- take responsibility for the damage they’ve done by paying palachian Campaign Coordinator for Appalachian Voices. millions of dollars in additional fines, they won’t be allowed “This settlement comes after a half decade of effort and to come back,” Harrison added. a precedent-setting decision from the Kentucky Supreme “As the coal industry declines in eastern Kentucky, it’s Court affirming the importance of citizen intervention. It’s extremely important that the pollution problems caused by the product of the Energy and Environment Cabinet work- irresponsible companies are addressed before those compaing with citizens to bring this outlaw company into compli- nies leave and saddle the state and Kentucky citizens with the ance. We the citizens will remain vigilant to ensure that the burden of cleaning up their mess,” said Alice Howell, Cumlaws are enforced and the people of the commonwealth are berland Chapter Sierra Club Mining Committee Co-chair. protected,” said Ted Withrow, a member of KFTC’s litiga- The citizens groups – Appalachian Voices, Kentuckians For tion team. The Commonwealth, Kentucky Riverkeeper, Sierra Club, The violations occurred at Frasure Creek mountaintop and Waterkeeper Alliance – are represented by Mary Cromer removal mines in Floyd, Magoffin, Perry, and Pike counties of Appalachian Citizens’ Law Center, Lauren Waterworth of in eastern Kentucky. Frasure Creek is owned by Essar Group, Waterworth Law Office and the Pace Law School Environa multinational corporation based in India. mental Litigation Clinic. Appalachian Voices first discovered that Frasure Creek Bloomberg News reported that Charles Snavely, the was duplicating water pollution reports in 2010. In response new Energy and Environment Cabinet secretary appointed to the citizens groups’ subsequent notice of intent to sue, by Gov. Matt Bevin, was an executive for International Coal the cabinet proceeded with enforcement action. The groups, Group (ICG, an Arch Coal subsidiary) when it committed believing the state’s enforcement was too lenient, sought to hundreds of Clean Water Act violations stemming from intervene. Ultimately, the state Supreme Court affirmed for illegal discharges at its mines in Kentucky, Pennsylvania, the first time ever the importance of citizen intervention in Maryland, Virginia and West Virginia. Those violations were
resolved in a consent decree reached with the U.S. EPA in August. KFTC and allies also initiated legal action against ICG for violations during this time, which resulted in a settlement in 2012.
Stream Protection Rule KFTC joined with other Appalachian groups and several national organizations to submit more than 45 pages of written comments to the U.S. Office of Surface Mining Reclamation and Enforcement asking it to issue the strongest Stream Protection Rule possible. OSM issued a draft rule earlier this year that was the subject of a public hearing in September. While much improved over current practices that were adopted during the Bush administration, the draft rule fell short of the protections needed. The written comments thanked “OSM for recognizing that the current approach to regulating surface coal mining is inadequate and is allowing massive environmental devastation in Appalachia. We support several components of the proposed stream protection rule, including improvements in baseline data collection, monitoring, and bonding requirements. But they also pointed out that “OSM must go further to protect Central Appalachia’s people and environmental resources. OSM should adopt a stronger alternative that preserves and strengthens existing provisions that protect stream channels from direct damage.” In determining the economic impact of the rule, OSM should consider the fact that coal mining “is a net economic drain on Appalachia.” “Claims about the economic benefits of coal mining – including OSM’s – ignore the expenditures used to subsidize coal consumption and cover costs that are externalized by the industry,” the comments stated. Citing a 2006 report by the Mountain Association for Community Economic Development, the comments pointed out that “in just one year (FY 2006), the total net impact of the coal industry on the state’s budget amounted to a net cost to the state of $115 million.” The comments also pointed out that OSM “failed to consider that surface coal mining is associated with serious and widespread public health problems in Appalachia.” In considering various alternative approaches to stream protection, OSM is supposed to consider the economic impacts. Ignoring the drain on the overall economy and the health care costs “is arbitrary and capricious and violates the National Environmental Policy Act,” the comments asserted. OSM received more than 94,000 comments on the draft Stream Protection Rule. It is expected to issue a final rule some time in the new year. Strip mining, primarily mountaintop removal, has destroyed more than 2,000 miles of Appalachian streams, more than half of that in Kentucky.
12 | Balancing the Scales
www.kftc.org | December 17, 2015
WE ARE
KENTUCKIANS RALLY AT THE CAPITOL
TUESDAY JANUARY 5 AT 1PM, CAPITOL ROTUNDA, FRANKFORT
WE ARE KENTUCKIANS RALLY AT THE CAPITOL Tuesday, January 5 1:00 PM to 2:00 PM Capitol Rotunda, Frankfort Visit KFTC.org/WeAreKentuckians for more details or to RSVP.
Let’s start the new year off with a declaration at our Capitol! We have a shared vision for Kentucky. We have momentum, with raising the wage in Lexington and restoring voting rights. Now is the time for us to work even harder together, to grow stronger, and build new power. Be in Frankfort on January 5 to shout our vision for a better Kentucky.
KFTC merchandise kftc.org/store Place your orders now! Give a KFTC membership package or greats Totes, Shirts, Hats, Hoodies and more!
KFTC EVENTS January and February Chapter Meetings: Information can be found at www.kftc.org/calendar or contact a local organizer. Contact information is located on page 3. 2016 General Assembly: The 2016, and other even-numbered years, the General Assembly meets for 60 working days. This year they will start on Tuesday, January 5 and will finish on Tuesday, April 12. KFTC citizen lobbyists have a consistent presence in Frankfort on Tuesdays, Wednesdays and Thursdays during the legislative session.
The eastern Kentucky chapters of KFTC gathered for their annual year-end holiday celebration on December 1 at the Hindman Settlement School. Folks shared a meal, talked about highlights from the year, made plans for 2016, and wrote notes to members asking them to renew their membership.