Dr. Bentley's Rx: Deception--Costs and In-Depth Details of Elevated Highway 280 Plan Remain Hidden

Works of "art" or outdated concrete behemoths?

August 11, 2010 Stan Diel Birmingham News--Dr. Robert Bentley, the Republican candidate for governor in the November election, today said he favors building an elevated toll road over U.S. 280 to relieve congestion.

Governor "Dr. Dr." Bentley prides himself on his medical curriculum vitae and claims to be the "smartest man ever elected governor of Alabama." He's convinced himself he's just what Alabama needs and will cure all of our ills with his own brand of corporate-infused republican medicine. Especially our so-called current state budget crisis that's resulted in deep cuts to education, slashed social services and a gutting of numerous programs that directly affect regular folks who are struggling just to get by.

“Alabama is hurting, and we need a doctor,” Bentley, a former dermatologist from Tuscaloosa, told voters in last year’s campaign. Once he took office in January and looked at the patient — the budget — he said: “We’re a lot worse off than you think.”

Predictably, the usual suspects joined in the chorus of misery: Speaker of the House Mike 'Road Man' Hubbard and Senator Jabo "Clueless" Waggoner. Neither of these two political animals experiences life by the drop as most of Alabama does. The same public who did not create the mess are the ones being asked to bleed for the good of the state's insiders economic prosperity--i.e. private profit equals public pain.

The 'Dr. who can't' seems oblivious to the practice of good-for-the-folks medicine, because he refuses to end cronyism, despite promises to the contrary, and he's created a public-private merger through ADO and EDPA that in effect allows wealthy private corporations an all access pass to the state till and taxpayer's money. In addition to allowing the appointing of like-minded players to power positions within the framework of the organization and to state offices.

Creating a public-private partnership, and placing it in the hands of Alabama schemers, won't remedy our politician and corporate inflicted ills--in fact, they'll only worsen the sickness of corruption that got us into the state we're in now by allowing more insiders to walk away with millions in taxpayer money and leave communities holding the bag. Corruption, theft and abandonment of long-standing public policy are real possibilities in PPPs as they give rise to entities larger than the original government: they can become monstrous-sized power structures with a full stranglehold on democracy and public good.

“Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power” - Benito Mussolini

We're on a slippery slope that isn't going anywhere near the smaller government republicans swear they support.  Road building and economic development are the breeding grounds for these unholy alliances of state and corporate power. Foreign entities get in on the act too with groups like Cinta and Macquerie, who have been "nosing around in Alabama" looking for roads and bridges (Macquerie has one in Alabama already) to privatize and toll.

Will one of these two foreign investors own the Elevated Hwy 280 toll road? How can Alabama claim to pay for the project when the lion's share of toll fees will go out of the country? Isn't this selling off the state's infrastructure to the highest bidder? If the county a toll road runs through gets their hands on toll fees then Harris County, Texas should serve as a clear warning of the potential for misuse.
*(Must watch video at a republican campaign event in Texas of an audience member asking about PPP's and toll roads. The candidate sits down, a yes man jumps up, and with great animation addresses the audience member's query. Watch how quickly he evades real answers, executes a classic political bait and switch, and turns the argument into those "socialistic democrats" are the real problem lady!)

So many questions. So few demanding honest answers.

The special interests involved in the the antiquated Elevated Highway 280 plan are made up of some of these types of caballers: deep-pocketed campaign donors and selectively hand-picked beneficiaries of Alabama's supposedly hard-to-come-by greenbacks. Interests like the *road gang for one.
(*Section II-- "Who Is The Road Lobby?")

They're connected to Alabama's purse strings by way of Governors Riley and Bentley and consist of groups like: cement companies (ACPA SE, Cemex), an out-of-state engineering firm (Figg), and the strategically located likely road material supplier, White Rock Quarries (WRQ), who's set to blow the smithereens out of small town Vincent, Alabama. WRQ also just happens to be a subsidiary of the stinking rich Vecellio Group. Vecellio's subsidiaries include road building (Vecellio & Grogan is one of the largest in the nation) and asphalt companies among its corporate pool.

The coziness of certain players involved with the 280 idea and sheer coincidence of 'we do that too' is a bit too handy to discount as chance. Add to the mix that the second biggest take of the WRQ quarry profits goes straight into Shelby County's coffers, and their palpable disappointment that the project may not have gone forward starts to make a lot more sense to even a casual observer.

In March of 2010 ALDOT halted all work on the 280 project due to "a lack of consensus from local governments." Shelby County took a counter view to the Birmingham News and cried foul over the abrupt stoppage. (It's important to note that unchecked development by Shelby County created much of the traffic woes that exist on 280 today.) By the summer of 2010, after a full court press by certain entities working behind the scenes in all the cities that counted, from Jefferson to Shelby County, the project roared back to life as the must-build toll road to 'breathe life into our cities.'

Vincent's Mayor claimed the "town of Vincent cannot survive without the highway" and he used that claim to push through a fast vote on a resolution supporting the project. Does WRQ's Vincent Hills Quarry have anything to do with his fervent support and was he repeating instructed propaganda from BARD, who's creator and former Bentley transition team member, Stephen E. Bradley (Bradley & Associates), represents White Rock Quarries? Were Mr. Bradley and his BARD legal sidekick, Balch & Bingham lawyer Rob Fowler (also representing WRQ), the ones who led the charge to get as many cities on board as possible through those so-called supportive resolutions?

One other notable thread seems to run throughout the road gang and their high-minded ideas in Alabama: Figg Engineering.

CEO Linda Figg, who has close ties to Vecillio, suitably "impressed" former Governor Riley so much he put her company on the state dole in 2005. Figg has been raking in the megabucks from state coffers on projects around Alabama ever since, including the Hwy. 280 plan. She's a mover and shaker who carries substantial clout according to Concrete 2011:

Linda Figg: CEO Figg Engineering Group, Tallahassee, Florida, U.S.A. The Figg Group is a relatively small but highly influential consulting firm specialising in bridge engineering, with a portfolio of inspirational structures which have realised the company’s philosophy of ‘creating bridges as art.’

We would like to know why these special interest's projects, including the far from economically challenged Ms. Figg, don't seem to be suffering from the same "debridement procedure" that the good doctor governor is applying to programs that deeply hurt average and low-income Alabamians.

And why is ALDOT being evasive with their figures to Figg and others?

Queries have been made to ALDOT by numerous individuals asking for the full amount to date spent on (the now double its initial estimate of $800 million) the Elevated Highway 280 plan. So far, ALDOT is avoiding an honest answer. John Cooper, Director of Transportation for ALDOT, recently received the green light from Governor Bentley's ATRBTA board to "talk privately with an engineering company that (allegedly) came up with a lower cost estimate."

“Governor Robert Bentley believes transparency in government is critical to earning the trust of the people it serves.”

Bentley campaigned on that issue of transparency too. Yet, the board he chairs (and John Cooper sits on) thinks it's appropriate to conduct state business "privately" about a public use road project. Trust is gained through open transparency throughout a process and quickly lost by selectively applying transparency at will, Dr. Governor. Why is the cloak of unaccountability being thrown around your appointee Mr. Cooper?

What else is ARTBTA, Governor Bentley and ALDOT not telling us about this project?

And why can't the press get it right on what the actual figure is?

Birmingham News' transportation reporter, "Driving Miss Crazy" Ginny MacDonald, has stated in her online "Live Chat" that ALDOT has "paid out $316,000.00 on the Highway 280 study" as of early summer 2011. Where is she getting her low-balled information? From ALDOT's press chat room?

Ms. MacDonald has cited difficulty in obtaining the figure because of "ALDOT in-house work, private contractors, etc." but assured readers in the "Live Chat" forum she "will get the information" from ALDOT. 

We haven't experienced the degree of difficulty she claims to have encountered. In fact, without much effort, the VAC has a memo (displayed below) to ALDOT's Finance and Audits Department, dated June 8, 2010, requesting payment of a Figg Bridge Engineers invoice in the amount of $1,143,915.00.

That's just ONE invoice--from 16 months ago! And it's a much higher figure than Ms. MacDonald has been parroting to the public through the news media forum on a subject she claims to be knowledgeable about.

This one invoice is more information than has been reported in any news agency in the state on what has been charged to ALDOT --and state taxpayers-- by the company that has been working on the elevated toll road for years!

Transparency anyone?
Figg Eng. Invoice to ALDOT

More on this topic in a subsequent post about Governor Bentley recently repeating the Riley era mantra and asking the feds for sooner-than-agreed-to increases in Alabama's share of offshore oil and gas royalties. Road building and O&G royalties--yes, they are connected.

photo credit: David Johnstone

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CBS 42 "Deadly Deception" Documentary August 9, 2011--9:00PM CST

From the leaders in environmental news we can use, CBS 42, Sherri Jackson and Ken Lass bring us full circle with the pervasive contamination in north Birmingham and beyond in their upcoming summation documentary on "Deadly Deception."

In what should be a contender for a well-deserved RTNDA Edward R. Murrow Award, this groundbreaking series from CBS 42 proves that one state media organization understands the concept of being unafraid and bold.

For decades the minority population in the Collegeville area of Birmingham have been the victims of toxic secrets, secrets that have cost them not only their health, but many have lost their lives for nothing more than just trying to live their lives. It didn't have to happen to them. The state knew the risks. The EPA knew the risks. Many people in positions of authority knew the risks. The citizens directly affected by the contamination were willfully kept in the dark while the profits poured into everyone else's pockets. 

It's happening all over Alabama: a flippant attitude of "better dead than unprofitable" permeates the economic development platform of this state. Jobs and profits trump clean air, clean water and the rights of citizens to exist in communities with a reasonable expectation that they will be safe from exposures that can kill them.

Years have passed, and many Alabamians are just now learning their right to live safely in their neighborhoods has been taken away from them by corporate Alabama. Compounding the tragedy is the fact that it's taken death after senseless death for these people to find out what they have been living with.

Why has it taken this long and why did so many have to die? How many more will?

Don't we have a Dr. "in charge of Alabama now" sitting in the Governor's mansion? Has he cast aside his Hippocratic Oath in favor of a monetary oath owed to his BARD benefactors and similar corporate campaign contributors? The same question stands for our lawmakers: where do their true loyalties lie?

There must be an end to this "deadly deception" and the paying to pollute mindset before any more lives are lost, communities are irreversibly ruined and more schoolchildren are sickened from the complete lack of responsibility by those charged with supposedly keeping us all safe. 

Anything less is not just a "troubling situation"--it's a fatal vision.



CBS 42 Deadly Deception Documentary-1

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EMC Hearing Officer's Report on Sheperd's Bend Coal Mine Allowing NPDES Permit Despite Legal Challenge From BWRK and Others

The following document is the record from the hearing on July 20, 2011 regarding the Shepherd's Bend Mine Permit. Black Warrior Riverkeeper issued a subsequent press release in response to the decision on July 22, 2011.

There is a lot to be troubled about concerning the decision of the EMC Hearing Officer, James F. Hampton, who's been a judge, a Special Assistant Attorney General for the State of Alabama and a hearing officer in the BARD Motion to Intervene regarding SWMA. Mr. Hampton has quite a long pedigree as a state inclined legal eagle and his conclusion about this controversial mine permit is not unexpected, but it is disappointing.

Page 7 Item 10 is also disappointing and allows a lot of wiggle room for what ADEM may or may not do if issuing this permit becomes problematic. The chances are high, if the history of mine discharge in Alabama is any indicator, that there will be problems and plenty of them:

"Permit does not contain limitations on chlorides, sulfide, total dissolved solids or aluminum, which are commonly associated with acid mine drainage. Under this permit, ADEM may modify the terms of the permit, if, in the future, it is shown to ADEM's satisfaction that the permit is not protective of water quality."

EMC Docket No 09-04-2011 07 20 Report of Hearing Officer

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"Capitol City Plume"--Fifty City Block Toxic Underground Plume in Montgomery, Alabama

This story has a compelling similarity to the Walter Coke contamination in north Birmingham--state and federal environmental officials have known about the contamination for decades and have been slow to act in cleaning up the area, while development has proceeded at a fast clip. A statewide pattern seems to be finally making its way onto the public radar revealing Alabama to be systemically and dangerously contaminated.

There's a tradeoff cost in human health and life that doesn't seem to figure into our governmental and business leader's plans. We cannot seem to count on EPA Region 4 for help either--they too seem to be carrying the water for the developers and getting into the *PR business outside of their environmental and public safety watchdog purview.

*(linked further on down in article on the phrase "revitalization of downtown Montgomery")

How many other areas in Alabama is the deadly deception going on unbeknownst to the potentially-vulnerable-to-exposure general public? And why?  Here's a list for Alabama from the Center For Public Integrity National Priority sites. Five Alabama sites are on the "Most Dangerous Superfunds Sites" list. The Capital City Plume, according to the census figures from 2000, was affecting a population of 209,615.

News story July 26, 2011 Associated Press via Al.com state wire:

The Environmental Protection Agency has identified the Montgomery Advertiser as one of the entities that may have caused the plume when operating at its former location.

County Commission Chairman Elton Dean said he remains confident that the county did due diligence before purchasing the old newspaper building and turning it into the county's main building after renovations.

News story by Ben Flanagan Al.com September 28, 2010: "Montgomery Commission tests air quality of county building":

"During a search for the source of the problem, a black, sooty substance was discovered in several isolated areas on the original concrete structure, according to a press release. A sample of that substance was collected on Sept. 3 and sent to Sutherland Environmental Company, Inc., where it was analyzed for 58 volatile organic compounds. Fifty-five of the compounds were not detected but small concentrations of *three compounds were detected." *note that the substances are not identified.

Region 4 Superfund

The Capitol City Plume site is located in downtown Montgomery, Alabama. The contaminated ground water plume is believed to exist throughout the downtown area. In September 1993, the Alabama Department of Environmental Management (ADEM) began investigating a report of Tetrachloroethylene (PCE) soil contamination at the Retirement Systems of Alabama (RSA) Energy Plant site at the corner of Monroe Street and McDonough Street.

After 17 months of investigative work, ADEM came to the conclusion that there are a minimum of 6 ground water plumes contaminated with PCE and benzene, toluene, ethylbenzene and xylene (BTEX). The site covers an area from Alabama Street (south) to Pollard Street (north) and Court Street (west) to Union Street (east). 

In 1993, soil containing PCE was excavated during construction of the RSA Tower. The soil was removed and disposed of properly. The discovery of the PCE in the soil prompted ADEM to conduct a preliminary assessment of the area near the RSA Tower. The preliminary assessment performed by ADEM concluded that ground water was contaminated with PCE and BTEX.

Field work for the RI/FS began in March 2000 and was completed in 2003. Soil samples and ground water samples have been collected to delineate the areal extent of the contamination plumes. Analytical results from the ground water indicate that the shallow aquifer in the Montgomery downtown area is contaminated with PCE, BTEX, TCE (Trichloroethylene), and metals. 

Installation of 16 new monitoring wells and 16 temporary wells has been completed. The City has removed and plugged two shallow drinking water wells at the Court Street Pump Station but continues to pump drinking water from deep wells.
The City of Montgomery has implemented a moratorium on well drilling in the vicinity of the site (downtown area). Beginning in May 2006, the City began monitoring the ground water contamination through monitoring wells. Monitoring will continue for five years. The City will be sending the ground water monitoring data to ADEM and EPA Region 4.
The City of Montgomery has also been working with EPA in implementing a voluntary phytoremediation effort in the ground water plume to reduce risk to human health and the environment.

A supplemental remedial investigation took place in stages from August 2008 to the present. *Sample results have identified sources of contamination and the time at which the contamination was discharged to the environment.

*Please note the above sentence which states that there are "identified sources of contamination" while this linked narrative from May 11, 2000 cites only "potential sources" generally identified without a specific business name as "a chemical wholesaler, airport maintenance shops, airport fueling areas, an auto repair shop and a dry cleaner."

Site investigation activities are being led primarily by EPA and the United States Geological Survey.

From August 2-5, 2011, EPA and USGS representatives will conduct field sampling activities to further delineate the groundwater contamination as well as to assess if vapor intrusion is taking place in an existing Montgomery County building.

Who's making the decision to "move forward with privately-funded activities" instead of applying for Superfund monies to clean up this massive twenty year old contamination?

On August 1, 2011, EPA will meet with representatives of two potentially-responsible parties identified in a Site remedial investigation, Alabama Department of Environmental Management, City of Montgomery, USGS, and Montgomery Water Works representatives to discuss moving forward with privately-funded activities related to Site characterization and remediation. 

Alabama could have applied for the $600,000,000 made available for Superfund cleanup from the 2009 Stimulus Funds but they did not make any applications for a percent of the available money in this area: (but they did in many other areas for federal handouts)

Hazardous Substances Superfund - (Alabama will not be receiving stimulus funds for this program)

(National Appropriation: $600,000,000)

Description: This program provides additional funding to the Environmental Protection Agency for the Superfund Remedial Program. This program allows states to enter in competitive agreements with the EPA to conduct certain remedial actions at Superfund sites and receive a credit from the government for 90 percent of eligible expenses.

John Archibald, of the Birmingham News, in one of his recent columns offered this statement about Alabama's rampant pollution and economic development mindset: "That's traditional Alabama values again: better dead than unprofitable." EPA Region 4 seems to go along with that idea, especially since they knew about the CC Plume, in the following statements on the *revitalization of downtown Montgomery and the importance of 'sticking to the plan':

Capitol City Ground Water PlumeGround water in western portions of downtown Montgomery, Alabama, is contaminated with trichloroethylene (TCE) and perchloroethylene (PCE), chemicals commonly used in dry cleaning and cleaning of machine parts. Work to assess the ground water contamination and develop the site’s cleanup plan is currently ongoing. The City of Montgomery is working closely with EPA to facilitate the site’s cleanup. Downtown Montgomery remains open for business during the site’s ground water cleanup. Land uses include retail districts, neighborhoods, parks, offices and industrial areas. The revitalization of Montgomery’s downtown is a major community priority. The area is recognized as the “heart of the city.” Recent redevelopment projects include the Montgomery Biscuits minor league baseball stadium, retail centers, downtown apartments and restaurants.

Have our business leaders, politicians, economic developers and state agencies simply lost their minds from the effects of all the pollution or are they just out to eliminate the undesirable elements of Alabama's communities? The location of the Capital City Plume seems to negate the latter, because a large portion of the businesses and developments in the affected area are housing some of our state elites, primarily in the RSA Tower Complex of Montgomery, located in the toxic zone.

So what other possibility does that leave us as to why Alabama continues to labor under the delusion of their favorite hackney-eyed, overused phrase of describing economic development as "world class?" There's nothing blue ribbon or superior about any development that comes with a staggering cost of health to a large segment of people.

Unless Archibald's right--"better dead than unprofitable."

Or maybe it's something else entirely consisting of the usual BARD suspects and their webs of deceit.

Maybe it's a combination of the two strengthened by the political pay to play system our legislators have grown ridiculously accustomed to.

Whatever the reasons, the citizens of this state deserve truth, accountability and transparency with information that directly affects the quality of their lives and not the same old deadly deceptions of business as usual.

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Alabama: State of the Air 2011 - American Lung Association

Alabama: State of the Air 2011 - American Lung Association

INC indicates incomplete monitoring for all three years. DNC indicates there is no monitor collecting data in the county.

The EPA defines particle pollution as "a complex mixture of extremely small particles and liquid droplets ... made up of a number of components, including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles." Year-round air pollution is an average of the daily levels of particle pollution on all 365 days. Short-term particle pollution measures the number of times in a year when levels spike above healthy standards for several days to several weeks. Ozone pollution has adverse effects on health as well, but is not as dangerous in the short-term.
"All three can kill people, and all three can cause asthma attacks," asserts Nolen. "But short-term and year-round particle pollution are more deadly than ozone."
Closer to the east coast, Pittsburgh, Pa., has long been associated with coal, and it shows in the numbers. The Steel City ranks seventh on the list of most polluted, followed by another metro chock-full of coal-fired power plants: Birmingham, Alabama.

And how does Alabama respond to its perpetually dirty and dangerous air quality? By using the state agency of environmental 'quality', ADEM, and suing the EPA on behalf of the utility giants and other heavy polluters, not for the benefit of her citizens, but for the benefit of big business and its big political money.

It's a sad commentary when the state of Alabama seems to put more importance on industry than it does the well-being of her people. And most importantly her youngest citizens, children and infants, who the most adversely affected by this toxic air. Our oldest residents are a close second.

Someone once said that a good measure of humanity is how the oldest and youngest among us are treated. If that's true, then Alabama gets another big fat "F" and puts itself firmly in the I really don't give a damn about anything but money category.

What makes this even more tragic is our Governor, a medical doctor, seems to be more of a hypocrite than a follower of the Hippocratic Oath and its prevalent theme of "to do good or to do no harm..." that he swore to abide by.

"We're going to go through DTs, but you know what? You have got a doctor in charge of Alabama now!"--Dr. Dr. Robert Bentley

Alabama is in need of a doctor alright, but not one who takes his direction from BARD and their scurrilous lawyers, because following their one-sided bad advice is tantamount to political malpractice.

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SELC Files Lawsuit on Behalf of Black Warrior Riverkeeper Against Northern Beltline

Groups Sue ALDOT for Flawed Environmental Study on Northern Beltline

Press Release April 11, 2011

Gil Rogers, Senior Attorney, 404-521-9900
Cat McCue, Senior Communications Manager, 434-977-4090
Representing: Black Warrior Riverkeeper - Nelson Brooke, 205-458-0095

Montgomery, AL--In violation of federal law, the state Department of Transportation failed to fully account for the environmental impacts of the massive, high-priced Northern Beltline, conservation groups said in a lawsuit filed today in federal district court in Montgomery.

Click here to read the complaint (pdf)
Click here to read SELC's factsheet on the Northern Beltline (pdf)

The 52-mile beltline was recently pegged at $4.7 billion, a 38% increase from just a few months ago.  Much of that would come from federal coffers, but state taxpayers would be responsible for nearly $1 billion in matching funds. At about $90 million per mile, the beltline would be one of the most expensive interstate beltways in U.S. history.

Black Warrior Riverkeeper is suing the agency for violating the National Environmental Policy Act, which requires a thorough evaluation of environmental impacts and alternatives in order to identify the most cost-effective and least damaging alternatives for projects funded with federal money.

"We have been waiting for years for ALDOT to do its homework before proceeding as required by federal law.  Unfortunately, this expensive and outdated highway project continues to move forward without a study of the most cost-effective way to bring economic growth to this part of the state," said Gil Rogers, senior attorney with the Southern Environmental Law Center, which represents the river group in the lawsuit.

The state's $1 billion share of the beltline exceeds ALDOT's annual construction budget for the entire state, and would be almost five times as much as ALDOT's annual budget for road and bridge maintenance statewide.  The high price of the state's match means that many other necessary projects-such as safety improvements, bridge repair and road maintenance in Montgomery, Mobile, Huntsville, and elsewhere, including Birmingham-would go unfunded to accommodate the beltline.

ALDOT has failed to undertake any comparison of the true economic development impacts of this project with other transportation improvement alternatives, nor does the $4.7 billion price tag take into account the additional cost to local governments of providing services like secondary roads and utilities to accommodate new growth in the region.   Further, the beltline would likely trigger a shift of economic activity away from existing Birmingham neighborhoods.

"ALDOT's inadequate study of this roadway's cumulative economic and environmental impacts led to decisions being made in a vacuum without proper planning or public input," said Nelson Brooke, spokesman for Black Warrior Riverkeeper. "Sprawling development along this highway will lead to increased pollution in local streams and rivers to the detriment of all who live downstream."

The Northern Beltline was first proposed a half century ago, when engineers routinely designed bypasses around metro areas to relieve traffic. Today's transportation experts increasingly recognize the built-in liabilities of bypasses-declining downtowns, sprawl, loss of open space, impaired water quality, and increased traffic and smog.

ALDOT completed an environmental study on the project in 1997 and chose the route for the Northern Beltline that the U.S. Environmental Protection Agency cited as the most environmentally destructive. Because no work on the project occurred over the next three years, the analysis expired. ALDOT was legally required to re-evaluate its study and factor in changed conditions and correct deficiencies.

Instead, in 2006, ALDOT released an extremely limited study covering only 3.4 miles, which according to the lawsuit amounts to an illegal segmentation of the project under the National Environmental Policy Act.  Moreover, ALDOT has continued to ignore the environmental impacts of development spurred by the 3.4-mile segment and the beltline as a whole.

The Southern Environmental Law Center is a regional conservation organization using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC's team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use.

Black Warrior Riverkeeper is a citizen-based nonprofit environmental advocacy organization whose mission is to protect and restore the Black Warrior River and its tributaries. A member of Waterkeeper Alliance, Black Warrior Riverkeeper was the Alabama Environmental Council's 2007 Conservation Organization of the Year and the American Canoe Association's 2008 Green Paddle Award winner. Nelson Brooke, Riverkeeper, won the Alabama Rivers Alliance's 2010 River Hero Award.
Click here for more information about the Northern Beltline.

WGBH's Rick Karr interviews Phillip Weidmeyer on the Northern Beltline
PBS article on Phillip Weidmeyer and BARD's influence on the Northern Beltline
PBS interview Nelson Brooke

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Southern Environmental Law Center Pushes Back Against BARD on SWMP

Clean Water Groups Defend State Effort to Reduce Polluted Runoff

Press Release
March 24, 2011


Gil Rogers, Senior Attorney, 404-521-9900 (email)
Cat McCue, Senior Communications Manager, 434-977-4090 (email)
Representing:
Cahaba River Society - Beth Stewart, 205-322-5326 x411 (email)

Montgomery, AL –The Alabama Rivers Alliance, Black Warrior Riverkeeper and the Cahaba River Society have filed a motion to intervene in a permit appeal by a business organization filed against the Alabama Department of Environmental Management to help defend the agency's stormwater program for small cities.

Represented by the Southern Environmental Law Center, the groups say the lawsuit by the Business Alliance for Responsible Development (BARD) is a delaying tactic aimed at keeping local and state stormwater controls weak and ineffective.  Without adequate programs to control polluted runoff from development and urban uses, downstream communities and businesses will continue to shoulder the high costs to clean drinking water and repair flood damages.

"Rivers, streams, coastal waters and lakes are critical to Alabamians for drinking water, recreation, wildlife and the economy.  Polluted runoff is harming those uses.  Every delay in halting polluted runoff means more degradation of our water and higher long-term clean-up costs for the public," said Gil Rogers, head of the Clean Water Program for the Southern Environmental Law Center, which filed the motion earlier this week in with the Alabama Environmental Management Commission. (Click here for a PDF of the motion to intervene.)

Under the federal Clean Water Act, ADEM is required to set up a permitting program for small cities to control their polluted stormwater runoff. In August 2010, the Environmental Protection Agency rejected ADEM's first version because it did not meet basic requirements of the law.  It was the first time the EPA had ever taken such a step with any state. ADEM subsequently made some modest improvements and issued a final permit on February 1.

Stormwater runoff is widely acknowledged as one of the most serious causes of water pollution in Alabama.

 "Many responsible developers in Alabama are already achieving the standards called for in ADEM's permit. Better stormwater practices that safeguard drinking water and help prevent flooding are proven to save money and make money for developers and communities," said Beth Stewart, Executive Director of the Cahaba River Society. "In these tough economic times, green projects with lower stormwater costs give developers and communities a competitive advantage, but lax stormwater controls undercut innovative developers and transfer costs to local governments and downstream neighbors."  

BARD's challenge of ADEM's stormwater permit represents one more salvo in its continued resistance to improving development practices that protect water quality.  For years, BARD has incited local governments to fight against standards that better manage development.  

BARD's misguided advice that local governments are doing too much to stop stormwater pollution has already made some cities and counties vulnerable to EPA audits and enforcement oversight. In 2009 and 2010 the EPA found that the stormwater programs of cities and counties in the Birmingham-Hoover metro area were not meeting basic requirements of the Clean Water Act.

"Traditionally, our organization has been on the opposite side of ADEM, as we consistently challenge them to do a better job of protecting Alabama's waters," said Eva Dillard, Staff Attorney for Black Warrior Riverkeeper. "We're taking ADEM's side in this appeal because we don't want to see the permit weakened even further, which is BARD's main objective."  

"Enforceable permits are absolutely essential to stopping the devastating impacts of uncontrolled stormwater across Alabama," said Mitch Reid, Program Director of the Alabama Rivers Alliance. "Protecting our rivers is a shared responsibility of government at every level and this permit provides a level playing field so that no community is disadvantaged for doing the right thing for our environment."

The proposed permit will govern the local stormwater programs of about 60 smaller cities and counties for the next five to seven years.  Just as important, ADEM has indicated that this permit will be the basis for other stormwater permits that will be written for larger cities and counties, as well as for the Alabama Department of Transportation.

The Southern Environmental Law Center uses the power of the law to protect the environment of the Southeast.  The Alabama Rivers Alliance is devoted to healthy rivers, healthy people, and a healthy system of government for the state of Alabama. Black Warrior Riverkeeper protects and restores the Black Warrior River and its tributaries.  The Cahaba River Society's mission is to restore and protect the Cahaba River watershed and its rich diversity of life.

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Public Meeting on Proposed Coal Ash Regulation Bills in Alabama Legislature 2011

       

WildLaw Community Action Coalition

Contact:  Barbara Evans

Organizing Coordinator

334-324-7222

Barbara@wildlaw.org

  

The Senate Committee on Commerce, Transportation and Utilities will meet at 9 a.m. on Thursday, March 10, 2011 in Room 727 to consider SB 80, sponsored by Senator Del Marsh of Anniston.

While this bill has been described as an attempt to regulate coal ash, in truth it will change the coal ash from being handled as “special waste”  to “solid waste”, which would allow the toxic substance in every household waste landfill in Alabama. 

Residents of Perry County Alabama who live near Uniontown are already experiencing health problems and quality of life issues because of the toxic coal ash brought in from the huge environmental disaster in Tennessee.

The federal Environmental Protection Agency is currently considering regulating coal ash as hazardous waste, which could only be deposited in hazardous waste landfills such as the one in Emelle, Alabama. The EPA decision may not come until 2012.

While SB 80 allows for future compliance with any regulations set forth by EPA, in the interim it would allow coal ash in Alabama’s household waste landfills, even to be used as a cover for household waste, and would “grandfather” in sites currently accepting coal ash, such as the Perry County Landfill. 

At a House Committee meeting last week, residents from Perry County testified about how the coal ash has impacted their lives, health, and made their land worthless. That dump is located right across a county road from an African American community.  The mountain of coal ash can be seen from miles away, and the stench keeps people indoors.

The legislation is backed by the Alabama Department of Environmental Management.

“People need to be extremely concerned about this legislation”, said Barbara Evans, Organizing Coordinator.  “While coal ash needs state regulation, it must be classified as what it truly is….hazardous waste.  The toxic coal ash brought to Alabama from Tennessee to Perry County was still a toxic substance when it got here.  I am concerned that this bill is being rammed through on a fast track without the whole truth being told about what the bill does.”

Courage is not the absence of fear; it is the power, through faith, to overcome that fear.

**Editor's Note--SB80 is the companion bill to HB50 sponsored by Representative Greg Canfield-R.
Senator Del Marsh-R is sponsoring SB181 that seeks to limit and cap the fine amounts for violations determined by ADEM and the EMC:
"c. Any civil penalty assessed or recovered under paragraph a. or b. of this subdivision shall not be less than $100.00 or exceed $25,000.00 for each violation, provided however, that the total penalty assessed in an order issued by the department under paragraph a. of this subdivision shall not exceed $250,000.00.

**It is important to note that ADEM profits off of each ton of coal ash deposited into landfills, yes, as ridiculous as it sounds, the same agency that is charged with enforcing regulations and compliance is on both sides of the fence.

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Finally! Recall Proceedings Have Begun Against Vincent Mayor and 4 City Council Members

You don't push some people without one day expecting them to push back.

*Updated Tuesday afternoon see below

It's been a long time coming, but finally, Vincent, Alabama residents opposed to the massive rock quarry that was been railroaded through approval by a non-responsive and corrupt city government, have challenged the Mayor and four council member's jobs with a recall petition.

Vincent Mayor Ray McAllister, City Council members Bridgette Jordan-Smith, Johnny Edwards, Mary Lee Reynolds and Larry King are all targets of the petitioners. The one lone dissenter, Ralph Kimble, did not sign the petition.

It could not happen to a more deserving group of turncoats in our opinion.

Expect BARD bullies Stephen Bradley and Rob Fowler to run to the protection of the city leadership, in addition to a hurry up by ADEM to issue a permit. Wonder if they'll try to pull a trick and skirt the public meeting requirement before permit issuance?

While we're on this subject, let's have a look at the idiot in charge of Vincent and his outlandish claims of what an almost 1000 acre quarry will and won't do. 

(video link, takes time, abt. 3 minutes, to load after commercial, be patient, it's worth it) 

Here's a translation transcript sent to us by a reader that is spot on, and written in southern colloquialism befitting the geniuses that run Vincent who fancy themselves so educated:

"Fact:  Vincent has the largest live decorated Christmas Tree in the state of Alabama."   "Now - back in July - after a year of investigating...we voted to re-district some property   and they have made a lot of commitments to the town of Vincent - they are putting in the most modern equipment....... they say ZERO dust....folks don't like dust."  
 
"I went to see a little quarry... and I say --- how purty the water was going over a little water fall.... the man say --'I work here at this here quarry and git you a jar and git you some water and it's gonna be bettah than what you got in your city water....... the good news is we gonna git 125 jobs....not that 125 jobs is a lot of jobs."  

"That paper place is closing....we be right across the riber from dat. People gonna spend their money locally."  
(How many Vincent residents worked for dat Bowater place? We tol’ the folks these heah jobs was going to be Vincent jobs for Vincent folks…maybe we lie a lil’ here and there.)

"400K from ADECA - to pave the #1 worst road in the state of Alabama..."   

Ol’ Spencer Boy Bachus got them a grant for a fire truck and let dem quarry folks off da hook for the $350,000 they promised to give Vincent for da' truck- thank God for Homeland Security and FEMA.  (You know they get so little done right).   

The Mayor claims "Vincent is beautiful, we got us some parks…" 
(he really did mention Gorman Park - who ever wrote this speech might should have warned him about the discarded condoms lying around.)   

Maybe some of dem folks at da Chamber meetin' will go on down to Gorman Park and see for demselves, after all the Mayor put an invite right out there didn‘t he?   

Good for you citizens of Vincent!

*Update-- The never-friendly-to-citizens Alabama League of Municipalities (ALOM) is claiming that the residents cannot use recall based on this section of Alabama Code. Note the section applies to Commissioners only, and according to the LOM, only in one city in Alabama is there a provision (thanks to the Aladumba legislature) that provides the right to recall-- Dothan. 
(So the rest of you are out of luck. How stupid is this?)

The Vincent residents used this section of Alabama Code. 

Which clearly covers recall of at least the Mayor (and any Commissioner according to this section.) 

So which is it? 

Is the ALOM citing the code section that serves their purposes and is on the side of denying the people of Vincent, or any other municipality for that matter, the right to recall their elected officials everywhere but the City of Dothan, Alabama? 

Just whom do you really serve ALOM? Never mind. We know the answer.


If ALOM is correct, then it is one of the most poorly written laws imaginable, and no community in Alabama is afforded the right to recall their elected officials.
Even our state constitution speaks to the right of the people and their government:
"People are the source of power"

This should be the test case for every Alabama community to be afforded clear and concise remedy to bad government in the form of recall when the citizens demand it. 

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US Court Revives Lawsuit Against Drummond Company in Colombia Coal Killings

Illustration credit and previous story: Birmingham Free Press

 US Court Revives Lawsuit Against Drummond Coal in Colombia Coal Killings - KansasCity.com

From the story--A lawsuit claiming an Alabama coal company executive paid paramilitary forces to kill three Colombian union leaders was revived Thursday when an appeals court ruled the victims' children could sue in the U.S.

The mine operator, Drummond Company Inc., was cleared of any wrongdoing by jurors in Birmingham during a 2007 trial in a similar lawsuit brought by the union and the victims' widows.

The new complaint claims a witness who was previously in jail in Colombia can now testify that he saw a Drummond executive give a briefcase full of cash to an illegal right-wing militia to have two of the union heads killed.

Read more here

Here's the back story on what happened for those who are not familiar with the case from Sue Sturgis of Facing South

EleventhCircuitCourtDrummondReversal2011

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We Gotcha Governor Bentley in a Boligee Big One

The $8 million dollar "simple man"

"Growing up the son of a sawmill worker I learned nothing's more important than a man's word." Robert Bentley

That didn't last long and my how your nose does groweth Governor.

Before viewing the following video clip, let's keep in mind that a biofuels plant was just announced by Alabama Governor "you will respect my authority" Bentley for the Boligee area of Greene County, Alabama. The deal has been in the works for two years.

Every US taxpayer is on the hook to the tune of $250 million to experiment with Cellulosic Ethanol thanks to the USDA passing out OUR money like candy to uber rich billionaires, hedge fund company investors and the French oil company Total, to come up with gasoline for one dollar a gallon.

It will never happen.

It's over-hyped, it's playing on climate change fever and it pays select interests very well with OUR money!

Never mind that Coskata already has a Pittsburgh location close to the GM plant it's researching CE for, and that they claimed to "have fuel online by 2009" (didn't happen), let's go build another plant courtesy of the US taxpayer, greedy Alabama politicians and special interests. We'll prop up our Monsanto buddies in the process with that fine, temperate Alabama climate that's perfect for genetically modified switchgrass and trees and some unsuspecting hick farmers will also get a federal hand out for planting Monsanto's wicked weeds.
(More on that here.)

It's one big fleece job being set up in West Alabama, period, end of story.

Monsanto has been sneaking around Auburn University for a number of years and have  firmly entrenched themselves in the agricultural programs. One person links all of this together: Bentley's Transition Team communications director, the (we hope) incomparable Stephen "Steve" E. Bradley, who lobbies for Monsanto and knows a thing or two about verbal slight of tongue and clandestine operations, among his other "talents."

And Bentley picked him and his BARD buddies to lead his transition into the governorship.

Bentley claimed, at the last "goobernatorial" debate, that Boligee was only good for "raising fish and big deer" not for a "biotech company."

Either he was lying then to appeal to a particular voting block, or he's lying now by making it appear this just all of a sudden materialized and Boligee, in the short span of three months, is now the perfect place for a biotech project.

October 28, 2010, right before the election

There is no way in hell he came up with that biotech reference last October without knowing something about the project.

How about an explanation from the "I am upright man" of his word"?

Word to the wise governor, you're playing with some dangerously crafty men who can chew a good "Badtist" up and spit him out without batting an eye and you're in way over your head, but you're just not quite smart enough to figure that out.

Better watch your bass Doc or you'll wind up as a bunk-mate of Langford or Scrushy before it's all over with.

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