West
Virginia Governor Earl Ray Tomblin speaking at a press conference
following the Jan. 9 Elk River spill. (Photo via The Lincoln Journal)Seeking the opinions of 'stakeholders' for new proposed legislation meant to prevent future toxic chemical leaks like the
January 9 Elk River spill, West Virginia Governor Earl Ray Tomblin invited a host of industry leaders and trade associations to weigh in.
However, notably absent from the talks were any environmentalists or public health officials, according to an
investigative report by the
Charleston Gazette published Tuesday.
West Virginia journalist Ken Ward Jr. reports:
The
West Virginia Chamber of Commerce was invited. So were the Oil and Gas
Association and the Coal Association. Trade associations representing
grocers, manufacturers, trucking firms and energy companies were
included, according to the Governor's Office.
But the chief
lobbyist for the West Virginia Environmental Council — the environmental
community's umbrella lobby group at the Capitol — said that his
organization wasn't included in the governor's meeting.
"Neither I
nor anyone else I know of in the environmental community knew about
that meeting," Garvin said Monday. "You telling me about it is the first
I've heard about that meeting."
"If you want a bill
that protects clean water, you should probably listen to people who
advocate for clean water, not the polluters," said West Virginia Sierra
Club leader Jim Kotcon at a public hearing Monday night.
At the
same meeting, West Virginia Coal Association Vice President Chris
Hamilton said that he and other industry leaders "stand ready to offer
our resources and expertise" in crafting the legislation.
The
Gazette
learned of the Jan. 20 closed-door meeting through documents released
in a Freedom of Information Act Request about the proposed legislation.
The
bill reportedly creates a new regulatory program for aboveground
chemical storage tanks—such as the Freedom Industries tanks from which
10,000 gallons of coal cleaning chemicals spilled into the regional
water supply.
Also included in the documents were "email messages
in which several prominent industry lawyers and lobbyists offered
suggestions for the governor's legislation," Ward reports.
Both the governor's bill, introduced on Jan. 22, and
one passed a week later by the state Senate included versions of those recommendations.
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February 4, 2014
Tomblin meeting on chemical tank bill excluded environmentalists
By Ken Ward Jr.
CHARLESTON,
W.Va. -- Two weeks ago, Gov. Earl Ray Tomblin held a news conference to
announce his legislative response to the Elk River chemical leak. The
governor unveiled proposed legislation aimed at creating a new
regulatory program for aboveground chemical storage tanks.
"This
proposed legislation includes reasonable, commonsense provisions to
regulate aboveground storage tanks across the state, including those
located in areas of critical concern near our public water supply and
distribution systems," the governor said at the Jan. 20 news conference.
A
day earlier, a select group of business lawyers and industry lobbyists
met with the governor's staff and officials from the state Department of
Environmental Protection to go over the governor's bill.
"See
everyone there and please be prepared to discuss the bill section by
section," Jason Pizatella wrote in an email message announcing the
meeting.
Pizatella called the event a meeting "with the stakeholders."
The
West Virginia Chamber of Commerce was invited. So were the Oil and Gas
Association and the Coal Association. Trade associations representing
grocers, manufacturers, trucking firms and energy companies were
included, according to the Governor's Office.
But the chief
lobbyist for the West Virginia Environmental Council -- the
environmental community's umbrella lobby group at the Capitol -- said
that his organization wasn't included in the governor's meeting.
"Neither
I nor anyone else I know of in the environmental community knew about
that meeting," Garvin said Monday. "You telling me about it is the first
I've heard about that meeting."
Asked what discussions the
environmental council had about the governor's bill prior to its
unveiling at that news conference, Garvin said, "There were none."
Garvin
said that environmental group lobbyists weren't asked by the Governor's
Office for their input as the bill was developed, and had only brief,
informal discussions with DEP officials prior to the legislation being
introduced.
"I've had some just offhand discussions with DEP,"
Garvin said. "Other than that, we really weren't given an opportunity to
just sit down and tell the DEP or the governor what we thought."
Pizatella's
announcement of the "stakeholders" meeting, held at the state Lottery
Commission building on Pennsylvania Avenue on a Sunday afternoon, was
among the records released by the Governor's Office in response to a
Freedom of Information Act request about the chemical tank legislation.
Also
included were email messages in which several prominent industry
lawyers and lobbyists offered suggestions for the governor's legislation
-- before the bill was finalized Jan. 20 or introduced Jan. 22.
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