CHARLESTON, W.Va. - Landowners, citizen groups and environmentalists are concerned about legislation now before the House of Delegates that would allow drilling companies to keep secret the chemicals used in hydraulic fracturing (fracking). Outreach coordinator Chuck Wyrostok, West Virginia Sierra Club, said the industry, led by the huge oilfield service company, Halliburton Corp., has convinced lawmakers in several states to treat the chemical formulas as trade secrets.

The drilling service company wants to do the same thing is West Virginia, Wyrostok warned. That is acting with contempt for the people living around Marcellus natural gas drilling, he said.

"It's pretty ludicrous to say, 'We're gonna pump secret chemicals into the ground, and we're gonna transport them through your towns, past your schools. And I'm sorry, you just can't know what they are,'" Wyrostok said.

Senate Bill 243 inserts what Wyrostok and others call the "Halliburton dirty-secrets amendment" into a bundle of rules proposed by the Department of Environmental Protection. It has passed the Senate and is now before the House Judiciary Committee.

Drillers use hundreds of chemicals to help break up the rock deep underground and get the gas out. Halliburton spokesmen have said the company wants to keep competitors from learning its formulas. But critics say it is more likely they don't want landowners and residents to know.

There are practical reasons for not treating the fracking formulas like CIA secrets, Wyrostok pointed out.

"Say a truck going through a town in West Virginia crashes or ruptures, and no one knows what the chemicals are. How do the first responders react to that? They don't know what's in that truck."

Landowners have a hard time testing their well water for contaminates if they don't know what they're looking for, he said, noting that doctors would have to ask the companies what chemicals might be making their patients sick. No one knows how long the company might take to respond, Wyrostok said, or even if it would. Plus, if the doctors find out what the chemicals are, the new rule would forbid them from telling anyone, he added.

"Basically, it's a gag order," he said. "I don't think the medical community is gonna go along with that. Doctors in Pennsylvania are suing the state over it."

Information about the status of SB 243 is available at http://www.legis.state.wv.us.




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Environmental groups in Tennessee have an urgent call to action for the Tennessee Valley Authority to cut fossil-fuel emissions and replace their coal plants with renewable energy.

The TVA provides electricity for 153 local power companies and serves 10 million people in Tennessee and parts of six surrounding states.

Gabriella Sarri-Tobar, energy justice campaigner for the Center for Biological Diversity, which is a member of the Clean Up TVA Coalition, wants to see the Kingston and Cumberland power plants replaced with renewable energy alternatives.

She explained local environmental groups including The Clean Up TVA Coalition are working daily to encourage fossil-fuel-free energy production by 2030.

"One of our key demands is that the new board should take back and should reclaim the decision-making authority that was previously delegated to the CEO Jeff Lyash," Sarri-Tobar pointed out. "The TVA board did take back that authority."

Sarri-Tobar emphasized the importance of TVA being a leader in the transition to clean and renewable energy and the coalition is working to ensure workers and communities most impacted by TVA's decisions are represented in the energy discussions.

Sarri-Tobar noted a recent Appalachian Voices report looking at the job market specifically focused on the Cumberland coal plant retirement plan, and what the shift from coal to gas would do in terms of jobs versus clean power and energy efficiency.

"They found that shifting to gas would actually result in fewer jobs than renewable energy and energy efficiency," Sarri-Tobar stressed. "There is a transition, that's gonna happen because those coal jobs will no longer exist, but they can become clean energy jobs."

The Cumberland plant is set to retire one unit by the end of 2026 and the second unit by the end of 2028. The Kingston plant is currently undergoing an environmental review process.


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Four months after the train derailment in East Palestine, Ohio, residents say they continue to struggle with ongoing health problems, and face an uncertain future without federal help in the form of an emergency disaster declaration.

Cindy Walter, a resident of East Palestine, said she has been staying in hotels after developing health problems in her home. She explained since the derailment, she has had a series of doctors' visits, and now has to use an inhaler.

"Because I'm having a hard time breathing," Walter noted. "She also gave me a nasal spray because of the cough and the hoarseness, the burning eyes and the hard time breathing."

Walter added she wants Norfolk Southern, the company responsible for the chemical spill, to pay for home air purifiers. According to the Ohio EPA, nearly 7,000 tons of excavated contaminated soil sits in piles waiting to be removed from the site.

Amanda Kiger, co-executive director of River Valley Organizing, a local advocacy group, is hosting a community meeting next month on air quality in the region. She said without FEMA assistance, families will struggle to find alternative places to stay, or be forced to go back into potentially unsafe housing.

"We would get things like FEMA trailers, FEMA housing," Kiger emphasized. "We would be able to fast-track that federal help, to be able to get that cleaned up."

Ohio Gov. Mike DeWine said he has been told by FEMA the chemical spill does not qualify because it was not a natural disaster, like a tornado or flood. However, the federal agency has given DeWine an extension to request a major disaster declaration for damages. The deadline is July 3.

Despite the veto of a key piece of Montana environmental legislation, advocates are not giving up on the measure becoming law - even though the state Legislature has already adjourned.

Senate bill 442 would have infused $30 million into the coffers of Habitat Montana, the state's premier conservation program created by the Legislature.

It protects wildlife habitat and access to public lands for hunters, hikers and fishermen - as well as roads, veterans' programs and mental-health services.

Alex Blackmer, communications manager with Wild Montana, said the bill had unwavering bipartisan support - which is why it shocked him and other supporters when Gov. Greg Gianforte vetoed it after the session ended.

"It's supported by farmers and ranchers and veterans and hunters and local governments and business organizations and conservationists and EMTs and you name it," said Blackmer. "So, for the governor to have vetoed it the way he did is really disappointing."

Gianforte cited some technical and funding issues in his veto letter, but Blackmer said supporters are attempting what's known as a "poll override" - which involves sending questionnaires to lawmakers who could still choose to override the veto, even though they are no longer at the Capitol.

The poll override works like this: The Montana Secretary of State sends out the questionnaire, which has to be completed and returned within 30 days.

Blackmer said this amounts to a last-ditch effort to save a critical piece of environmental legislation.

"Because the Legislature has a constitutional right to address a governor's veto, this is just a way for them to do that when they're not all gathered in the same place," said Blackmer. "Everyone has gone home. A lot of folks are back to work, back on their land. It's a chance for everyone to participate in the democratic process."

136 of Montana's 150 legislators voted in favor of the bill. Two-thirds of the Legislature would have to vote to overturn the veto during the mail-in poll override effort.




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