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WV Citizen Action Group |
January 13, |
Week
One, Slow Ride
by Gary Zucket,
garyz@wvcag.org
Well it’s that time again when the lawyers, lobbyists, doctors,
school bus drivers and citizens from all walks of life converge on
the capitol to grind out legislation like sausage. The official
kick-off was Wednesday night when now-elected governor Tomblin gave
his state of the state address. If you missed it listen to the four
and a half minute version on
WVPR.
You won’t have missed much.
WV Center on Budget & Policy
commented that Tomblin, “talked at length about creating jobs
and lowering taxes. His remarks seemed to lack concrete solutions,
however, that can truly bring good-paying jobs to West Virginia.”
The governor seems to think the problems facing our state will be
solved by drug testing unemployed coal miners and creating new
methods to judge teacher’s performance. Oh yeah, and the EPA should
just go away so we can win the “war on coal.”
I watched the show at Bruno’s with a pint of stiff brew in my hand
and good fellows from the Charleston Drinking Liberally chapter (yes
this is a real group – look them up). The governor’s speech was a
lot louder than the club’s music system but as he spoke, strains of
the Rolling Stones’ tune “Sympathy for the Devil” bled through from
the speakers behind the TV creating an interesting impromptu
commentary…
First Week Highlights
This week was highlighted by two events in which CAG staff
participated. The first was a visit Monday morning by Dēmos
Democracy Director, Steven Carbo and two county election officials
from North Carolina. Julie invited them in to present to the
Legislative Interims and to lunch with the county clerks (and
Secretary of State) to relate the benefits of Same Day Registration
(SDR) where voters can show up to both register and vote during
early voting. This is a proven way to increase voter participation.
See this
Beckley Herald article and Julie’s piece inside for the details.
The other event was a long look at Green Building & Energy
Efficiency hosted by WV
GreenWorks. This opportunity for legislators and the public to
hear from experts in the field was held in the House Chamber. Mike
Harman and Cathy Kunkle from Energy
Efficient WV (the new collaborative CAG is helping organize to
promote public policies geared to conserve energy and keep down
utility rates) were two of more than a dozen presenters. WV
GreenWorks filmed the whole thing so watch for it on their site
soon.
Marcellus Musings
The governor’s Christmas gift to the gas drillers was a big hit in
the media and at the legislature. Too bad he left out most of the
good stuff. Now that our lawmakers think it’s fixed we will be hard
pressed to convince them it’s still broken. Dave McMahon, our
counsel for the WV Surface Owners Rights Organization (WV-SORO),
feels that our best chance to enact change at this time is through
the civil justice system. See info on current lawsuits against
drillers inside.
Even disposing of the vomit that comes out of these monster
Marcellus wells is dangerous - causing earthquakes in Ohio and WV in
the past several weeks. The closer one looks at the process of
Hydrofracking, the more toxic it becomes. Will we be left with any
clean groundwater in the northern gas fields? Also, who is even
looking at the NORMS (radioactive elements) coming out of these
wells from a mile underground, where they belong. “What, me worry?”
comes to mind…
Stay Informed
As of today, the second day of the session, a total of 936 bills
have been introduced in both House and Senate. How did they do it so
fast? Well, the first 900 or so were recycled or “carried over” from
the last session. Several of our bills from last year are in the mix
such as the ones on Same Day (voter) Registration and Energy
Efficiency. Sorting them all out will take a while - more on good
and bad bills next week.
Meanwhile, concerned citizens can keep up with the legislative
sausage grinding in a number of new, high-tech ways. A daily blog of
legislative activities can be found at
www.legis.state.wv.us.
Bill tracking, contact information for your legislators, and live
audio streaming of selected committees and House and Floor sessions
can be accessed through this site. Public TV’s ‘The
Legislature Today’
provides a daily recap of legislative activities and will air at
both 6:30 pm and 11:30 pm daily beginning next Monday. Governor
Tomblin will be the first guest interviewed on Monday.
We Need Active Citizens
Get ready to get active in protecting your state’s economy and
environment from the over-paid lobbyists eternally asking lawmakers
to “give away the candy store” to their special interest employers.
It’s you, the concerned voter that calls in or visits the capitol
that can help hold back this money-go-round. Don’t underestimate
your power. When enough of you make noise, the lawmakers take heed.
After all, it’s an election year and the whole House and half the
Senate are up for reelection. Don’t let them forget it!
Advocates Promote Same Day Registration
by Julie Archer,
julie@wvcag.org
On Monday, election officials from North Carolina joined Steve
Carbo of Dēmos, a nonpartisan organization that focuses on national
issues, in testifying before the West Virginia Legislature's
Judiciary Subcommittee C to talk about the benefits of same-day
voter registration (SDR) (see coverage at
www.wvcag.org). The following
day, Steve, Jason Perry, Director of the Stokes County, NC Board of
Elections and Sharon Lewis, Deputy Director of the Carteret County,
NC Board of Elections gave presentations to and participated in a
discussion about SDR with a dozen county clerks from around West
Virginia. Secretary of State Natalie Tennant and Delegate John Doyle
(D-Jefferson), who has been a supporter and champion of SDR, also
attended at Tuesday’s meeting.
In the past, West Virginia's county clerks have vigorously opposed
previous efforts to implement SDR in the state citing administrative
challenges and concerns about fraud and the legislation languished
in committee. However, studies have shown that election officials in
states with SDR were able to handle SDR in an efficient and orderly
way without much, if any, added expense. These officials also report
very few problems with fraud. Tuesday’s meeting gave the clerks an
opportunity to hear about SDR from the perspective of other election
officials. The meeting was a positive first step towards addressing
fears and concerns, and hopefully garnering their support.
SDR is a proven, cost-effective way to enfranchise eligible voters
and increase participation in our democratic process without placing
and undue burden on election officials, and without jeopardizing the
integrity of the vote.
Nine states, including North Carolina, allow citizens to register
and vote on the same-day, and those states have seen a dramatic
increase in voter participation. States with SDR have historically
seen average turnout rates that are 10 to 12 percentage points
higher that non-SDR states. These states led the nation by 7
percentage points in the high-turnout 2008 presidential election,
and nearly 6 percentage points in the 2010-midterm elections. The
five states with the highest turnout in the last presidential
election – Minnesota, Wisconsin, Maine, New Hampshire, and Iowa –
were all SDR states. All told, over 1.5 million Americans were able
to participate in the historic 2008 presidential election because of
SDR.
In addition to voters, election administrators also benefit from and
like the process because it is easier to implement than provisional
ballots, and they are far less likely to have to turn away eligible
voters from the polls.
We are extremely grateful to Demos for their generosity and for
making this week’s presentations possible. We would also like to
extend a big thank you to Steve, Jason and Sharon for making the
trip to West Virginia and being so generous with their time. We are
also grateful to the members and staff of the Joint Judiciary
Subcommittee for giving our guests the opportunity to testify and to
all the county clerks who attended and participated in Tuesday’s
discussion.
For more information on SDR visit
www.demos.org or check our out YouTube channel (http://www.youtube.com/user/WVCAG/)
to watch Tuesday’s presentations.
Start the New Year Right: Join
the 99% Fight Against “Citizens” United!
by Gary Zucket, garyz@wvcag.org
This month marks the second anniversary of the Citizens United (CU)
Supreme Court ruling. Citizens United gives corporations the right
to spend unlimited money in elections under the guise of “free
speech” and thereby swing elections and increase their influence in
our government. Defeating corporate corruption of our democracy is
the key political challenge of our age, and Citizens United is the
current lightning rod for that larger effort. Not only is Citizens
United a bad ruling, it has also become the poster child for the
corporate takeover of government and the Supreme Court.
Occupy the Court Protest in Charleston Friday
Place: Byrd Federal Building, 300 Virginia St East
Date: Friday, January 20, 2012 Time: 11:30am until 5:00pm
Protest the Supreme Court's decision to treat corporate money as
"free speech"! Bring a sign, come between 11:30 am and 1:30 pm,
dress warm & stay as long as you can! There will be music, inspiring
speeches, a skit with The Five Slow Supremes, an inflatable “fat
cat”, and all the fun you can handle. BE there because this is about
YOUR country, YOUR future, YOUR democracy! Spread the word to
friends, neighbors, family. Main rally & speakers will be 12 noon
and 1 pm, but come early and stay longer if you can.
Will Legislators Revisit Marcellus Shale This Session?
by Julie Archer,
julie@wvcag.org
As Surface Owners’ Rights Organization (SORO) cofounder Dave McMahon
told the Charleston Gazette earlier this week, the Marcellus Shale bill
passed by the legislature in December "was the industry's bill" and “had
almost nothing for surface owners.” The bill falls short of providing
citizens and the environment with needed and deserved protections and
were many provisions that WV-CAG, SORO and allied organizations
concerned about Marcellus shale drilling felt should be in the bill that
were not included.
Although some lawmakers in both the House and the Senate have
acknowledged that there is more work to do, whether legislators have the
stomach or the will to revisit the bill this legislative session remains
to be seen.
We are encouraged by the fact that some legislators would like to
strengthen the well location restrictions, which specify how close gas
wells can be drilled to homes and water wells. However, after four years
of trying to get some incentives in the law for the drillers to
recognize the rights surface owners already have under the common law,
we expect we'll get more recognition and fairness for surface owners
from the courts, and there are two potentially precedent setting cases
are already in progress.
In one case, Dave McMahon is representing a Marion County man who is
suing two the state’s largest gas producers arguing that they don’t have
the right to use his land for two large well pads that will drain the
gas from neighboring mineral tracks.
In the other case, which is now before the Supreme Court, a Doddridge
County man claims that state regulators didn’t do enough to protect his
land or the environment when they issued a permit to drill a Marcellus
Shale well on his property. At issue in the case is whether a surface
owner has the constitutional due process right to a hearing before the
Department of Environmental Protection’s Office of Oil and Gas, and
whether there should, similarly, be a right to appeal the DEP’s decision
to Circuit Court when they issue a permit to drill a well on the surface
owner’s land. SORO has been granted intervener status in the case.
Both cases could give landowners an advantage in there dealings with
natural gas companies. (For more information on these cases visit
www.wvsoro.org and check out the
Fall 2011 Newsletter.)
Coalition of Progressives to
Lobby
by Maggie Fry,
maggiemfry@gmail.com
West Virginia progressive organizations will rally in the Capitol
Wednesday, February 8th for a day of social justice lobbying.
The West Virginia E-Council is working with WV-CAG, Planned
Parenthood, WV FREE, ACLU, Fairness WV, Rainbow Pride and Covenant
House to organize a broad ranging day of citizen advocacy. Rachel
Huff, of WV Free says that the event represents, “a collaboration of
like-minded people who are committed to moving West Virginia forward
towards social justice.”
Progressive businesses and organizations in the state are encouraged
to attend. Participants will have an opportunity to receive free
training, meet with WV Legislators, and sit on on committee
meetings.
Organizations and businesses are invited to host demonstrations and
sell items related to the promotion of social justice in the State.
Those interested in setting up table or registering to lobby,
contact Denise Poole at (304) 617-7073 or deniseap@earthlink.net for
more information.
The E-Council will host a “Legislative Kick Off Blast” to fundraise
for the progressive lobbying event on Wednesday, January 18th.
Organizers suggest $5.00 donations for an evening of music provided
by Andy Park, Sarah Fields, and others. A cash bar will be available
and folks can meet with their ‘favorite lobbyist’ at the E-Council
office at 226 Washington St. East, from 6:00-10:00 pm.
A Critique of the Governor’s Industrial Language
by Joe Dickerson,
joe@wvsoro.com
In the latest State of the State Governor Tomblin vowed to fight the
Obama Admistration’s Energy policy. Vowing; "As long as I am governor I
will continue to fight the administration’s war on coal.” Tomblin’s
language of warfare and conflict is part of a broader attack on
environmentalism. A little over year ago David Barton and his party of
favorites at Wallbuilders.org released a 12 part DVD series called
“"Resisting The Green Dragon," that attempted to debase and discredit
the environmental movement. This series portrayed the environmental
movement "one of the greatest deceptions of our day" that it is
"seducing your children" and "striving to put America and the world
under its destructive control." Well, before you dismiss this line of
logic as a joyride in the idiotmobile there is a frightening validity
behind the attacks on environmentalism.
Governor Tomblin is simply a local example of the venomous attacks
against the EPA, environmentalism, and any who stand in the way of
industry. Working with WVSORO for the last few months I’ve been witness
to the environmental, economic, and human effects of hydraulic
fracturing. The WVU Law School Fracking Symposium, that I like to refer
to as, “That Dog and Pony Show”, framed the conflict between industry
and environmentalist very well. Industry presents its side of the
argument with a steely efficiency. They frame the issue in terms of
States’ Rights, Energy Independence, and Job Creation, tossing these
buzz words around with little to support their claims. These “facts”
amount to little more than advertising. Those who do not buy their
products or their ideology are presented as kooks, radicals, and
nitwits. Environmentalists are “othered” and dismissed. Industry hopes
that people do not examine their claims beyond the surface. Digging past
the veneer of clean energy, abundance, and gainful employment, there is
the uncomfortable reality of stolen land, pollution, and destruction.
The human cost of cheap energy is very real. The sad irony for those who
expose the grim nature of cheap energy is the “shoot the messenger”
mentality in this country. Those who present uncomfortable facts are
damned for it.
At the heart of the Green Dragon series is this idea that
Environmentalists care more for the Earth than they do for humanity. The
series operates with the idea that the discussion about human population
is directly linked with a need to reduce that population. Unfortunately
for the environmental movement this language is not restricted to
extreme groups such as Wallbuilders. Issues of consumption and
responsibility delve into a world of ethics and morality that is
troubling for those in the developed Western world. In essence an
ethical crisis forms, which forces us to examine the uncomfortable
aspects of comfort culture. Erazim Kohak sums up this crisis stating;
“We are too numerous, demanding, and powerful.” We and our demands are
part of the ecocrisis and sadly much of the discussion about human
faults is personalized.
The use of natural resources as fuel for our lifestyles is not only a
serious finical but societal issue. Jobs, quality of life, and culture
are affected by the use of these resources. In West Virginia the debate
seems to be focused on the resources producing culture of the state.
When environmentalists speak negatively about the environmental impacts
of coal, many West Virginians are quick to see this not as a criticisms
of an industry but as an attack on their way of life. A fact
politicians, energy industrialists, and those who benefit from West
Virginian labor are quick to exploit.
Regardless of whether people want to realize it or not, there is an
ecocrisis. The world is being changed by human action in profound and
permanent (at least as humanity measures time) ways. Ignoring the debate
between science and pseudo-science over proving climate change, we as a
society are deeply engaged in the discussion of the environment. What
those who fight for the environment in West Virginia must realize is
that the concerns over preserving the environment often conflicts with
the culture of the state. While not everyone values this culture there
is a need to respect those who do. Industry may resort to slander, but
we must remember to not get distracted by the rough language and the
direct attacks and focus on our message and goals.
MLK
Day Events
by Gary Zuckett,
garyz@wvcag.org
Monday is our nation’s celebration of a great American, Dr Martin
Luther King. Even though state offices are closed, the legislature
will be holding an afternoon floor session and committee meeting
after the annual Ecumenical Commemoration and Celebration of Dr King
beginning at 10:00 am at the Asbury United Methodist Church, 501
Elizabeth St. A symbolic march follows the service up to the state
capitol where the governor and other officials will speak at the
Annual Bell-Ringing Ceremony at
Noon at the Capitol’s Liberty Bell (North Portico). Sunday evening
at 7PM at the State Theater in the Culture Center there will be a
Holiday Gala in Dr King’s honor. All are invited.
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