Lab Official Pleads Guilty for Faking Water Quality Tests for Coal Companies
A West Virginia lab technician pleaded guilty yesterday to a charge of faking water sample quality tests so that coal mining companies could be guaranteed clean reports to submit to the U.S. Environmental Protection Agency (EPA) and the West Virginia Department of Environmental Protection (DEP), reports the Charleston Gazette.
Photo credit: Shutterstock
John W. Shelton worked for Appalachian Laboratories Inc. (AL), a company certified by DEP to conduct such tests as part of the Clean Water Act. The company conducts tests at more than 100 water sampling locations in the state. Shelton admitted to conspiracy to violate the Clean Water Act by diluting water samples, substituting clean water for other samples and not keeping samples refrigerated along with another unnamed AL employee.
The criminal charge was filed September 2 in the U.S. District Court for the Southern District of West Virginia. It alleged that "From 2008 until approximately July 2013, the defendant John W. Shelton knowingly conspired with a person known to the United States Attorney to commit offenses against the United States: that is, to tamper with, cause to be tampered with, falsify and render inaccurate monitoring methods required to be maintained under the Clean Water Act, namely that samples and measurements shall be representative of the monitored activity and that samples to be analyzed for certain pollutants must be preserved at or below six degree Celsius."
Most damningly, the charges stated, “The objects of the conspiracy were to increase the profitability of Appalachian by avoiding certain costs associated with full compliance with the Clean Water Act and to maintain and increase its revenue by providing its customers and the agencies regulating those customers with reports purporting to show that those customers were operating their sites in compliance with the CWA and thereby allow those customers to avoid fines and other costs associated with bringing their operations into compliance with the CWA and thus encourage and maintain for Appalachian the patronage of those customers."
In other words, the lab kept up its client base of mining companies by making sure that no matter what they dumped into the state's waterways, their testing, which they were required to submit to the DEP and the EPA would always come up clean.
In the plea agreement, the prosecutors and Sheldon concurred that another official at Appalachian stressed the important of "pulling good samples," which was understood to mean making sure they complied, not that they were taken properly, and that Appalachian employees only stored the samples in cooler when DEP inspectors were around. “Each time that Shelton and others at Appalachian diluted the sample water or replaced the sample water with water that would pass, they allowed water that they believed exceeded permit limits to discharge into the waters of the United States," it said.
The Gazette said that this case "raises questions about the self-reporting system state and federal regulators use as a central tool to judge if the mining industry is following pollution limits."
Environmental group Appalachian Voices concurred, pointing out the history of issues that have arisen with self-reporting.
"The discovery that a lab employee in West Virginia knowingly altered sampling procedures to assure that monitoring reports submitted for coal companies would be in compliance with the Clean Water Act raises serious questions about the reliability of monitoring reports for the coal industry across Central Appalachia," said the group's Central Appalachian campaign coordinator Erin Savage.
"In 2010, Appalachian Voices uncovered water monitoring reports that contained duplicated data for the three largest mountaintop removal companies in Kentucky. During the period they were submitting erroneous monitoring reports, these companies never reported a single pollution violation. No criminal charges have been brought in Kentucky in relation to those cases. In light of the charges brought in West Virginia, however, we have to wonder how widespread these criminal practices are. This shocking discovery further highlights the extreme need for state agencies to seriously reevaluate their enforcement efforts and for the EPA to step in when the states do not properly enforce the law."
Sheldon will be sentenced in February and could face as much as five years in jail and up to a $250,000 fine.
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By Danielle Nierenberg and Jason Flatt
The world's Indigenous Peoples face severe and disproportionate rates of food insecurity. While Indigenous Peoples comprise 5 percent of the world's population, they account for 15 percent of the world's poor, according to the World Health Organization.
1. Aboriginal Carbon Foundation (Oceania)<p>The Aboriginal Carbon Foundation is building a carbon farming industry in Australia by Aboriginals, for Aboriginals. The Foundation offers training and support for new Indigenous farmers so they can learn how to capture atmospheric carbon in the soil. The carbon farming projects generate certified <a href="http://www.cleanenergyregulator.gov.au/Infohub/Markets/buying-accus/australian-carbon-credit-unit-supply" target="_blank">Australian Carbon Credit Units</a> (ACCU), which major carbon-producing businesses must purchase to offset their carbon emissions. Income generated by ACCUs is reinvested in Aboriginal communities by the Aboriginal Carbon Foundation and its participating farmers.</p>
2. AgroEcology Fund (International)<p>The AgroEcology Fund (AEF) galvanizes global leaders and experts to fund <a href="https://foodtank.com/news/2020/07/26-organizations-working-to-conserve-seed-biodiversity/" target="_blank">biodiverse</a> and regenerative agriculture projects worldwide. Projects funded by AEF have included Indigenous food sovereignty initiatives, agroecology training institutions, and women's market access networks on every continent. With the support of governments and financial institutions, AEF hopes that agroecology will become the standard model for food production worldwide within thirty years.</p>
3. Asia Indigenous Peoples Pact (Asia)<p>The Asia Indigenous People Pact is an alliance of Indigenous organizations across southern and eastern Asia. Collectively, the Pact promotes and protects Indigenous lands, food systems, and biodiversity. Their alliance is bolstered by regional youth and women's networks, as well as support from international institutions, including the United Nations and Oxfam.</p>
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6. Dream of Wild Health (North America)<p>Dream of Wild Health runs a 10-acre farm just outside of Minneapolis, Minnesota. Their Indigenous Food Share CSA program and farmer's market booths sell produce and value-added products grown by Native Americans. During the summer, Dream of Wild Health offers a Garden Warriors program where children can learn about seed saving, foraging, farmers market management, and other aspects of food sovereignty. They also host the <a href="https://dreamofwildhealth.org/indigenous-food-network" target="_blank">Indigenous Food Network</a> (IFN), a collective of Indigenous partners who advocate for local and regional policy changes. The IFN also hosts community food tasting events featuring prominent Indigenous chefs.</p>
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11. Indigenous Partnership for Agrobiodiversity and Food Sovereignty (International)<p>Indigenous Partnership for Agrobiodiversity and Food Sovereignty is an international organization based in Rome, Italy connecting the world's Indigenous People to agricultural research and advocacy groups. With Indigenous communities from China to India and Thailand to Latin America, Indigenous Partnerships forges dialogues within Indigenous communities to ensure <a href="http://www.fao.org/indigenous-peoples/our-pillars/fpic/en/" target="_blank">free, prior, and informed consent</a> between research and advocacy partners. Indigenous Partnerships also seeks to incorporate global and local Indigenous knowledge into non-Indigenous knowledge systems.</p>
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13. Intertribal Agriculture Council (North America)<p>The American Indian Food Program by the Intertribal Agriculture Council (IAC) helps Native American and Alaskan Native agribusinesses and food entrepreneurs expand their market reach. The Made/Produced by American Indians Trademark promoted by the IAC identifies certified American Indian products and is used by over 500 businesses. IAC's other major American Indian Food Program, Native Food Connection, helps market Native American foods and food producers across the United States. IAC also offers technical and natural resource assistance to connect Native businesses with U.S. Department of Agriculture programs and conservation stewardship resources.</p>
14. Inuit Circumpolar Council-Alaska (North America)<p>Through its Alaskan Inuit Food Sovereignty Initiative, the Inuit Circumpolar Council-Alaska is convening Inuit community leaders from across Alaska. The Initiative seeks to unify Inuit throughout the state to advocate for land and wildlife management sovereignty. The Initiative also strives for international cooperation to promote food sovereignty across <a href="https://indigenouspeoplesatlasofcanada.ca/article/inuit-nunangat/" target="_blank">Inuit Nunaat</a>.</p>
15. Mantasa (Asia)<p>Mantasa is a research institution in Indonesia dedicated to expanding the number of indigenous plants consumed by the Javanese people. According to Mantasa, only 20 plant species comprise 90 percent of Javanese food needs. Their research is incorporating new wild foods from Indonesia's vast biodiversity into Javanese diets to improve food security and nutrition. Mantasa also helps promote these foods to consumers and local farmers to increase their popularity.</p>
16. Muonde Trust (Africa)<p>In Mazvhiwa, Zimbabwe, the Muonde Trust invests in Indigenous innovations in food, land, and water management. The Trust seeks out individuals with new ideas and provides peer-to-peer support to help bring those ideas to life. Muonde Trust currently supports innovations in indigenous seed saving and sharing, livestock and woodland management, irrigation systems, and constructing kitchen spaces.</p>
17. Native American Agriculture Fund (North America)<p>The Native American Agriculture Fund (NAAF) is the largest philanthropic supporter of Native American agriculture. The Fund offers grants to Tribal governments, nonprofit organizations, and educational institutions to support healthy lands, healthy people, and healthy economies. In 2020, NAAF is offering US$1 million in grant funds specifically for youth initiatives and young farmers and ranchers. NAAF is also centralizing COVID-19 relief information for Native farmers, ranchers, fishers, and Tribal governments.</p>
18. Native American Food Sovereignty Alliance (North America)<p>The Native American Food Sovereignty Alliance (NAFSA) places Indigenous farmers, wild-crafters, fishers, hunters, ranchers, and eaters at the center of the fight to restore Indigenous food systems and self-determination. NAFSA's primary initiatives are the Indigenous Seedkeepers Network, the Food and Culinary Mentorship Program, and their Native Food Sovereignty Events. Each of these initiatives centers around the reclamation of Indigenous seeds and foods.</p>
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20. Navajo Ethno-Agriculture (North America)<p><span style="background-color: initial;">Navajo Ethno-Agriculture is sustaining Navajo culture through lessons on traditional farming. The seasonal courses focus on land, water, and food as students cultivate, harvest, and prepare heritage crops. During COVID-19, Navajo Ethno-Agriculture suspended its courses and is focusing on supplying neighboring farms with heritage seeds and farm equipment. They are also offering food processing and packaging services to protect and rejuvenate soil.</span><br></p>
21. North American Traditional Indigenous Food Systems (North America)<p><span style="background-color: initial;">Founded by the chefs of </span><a href="https://sioux-chef.com/" target="_blank" style="background-color: initial;">The Sioux Chef</a><span style="background-color: initial;">, North American Traditional Indigenous Food Systems (NāTIFS) is reimagining the North American food system as a generator of wealth and good health for Native communities. The organization seeks to reverse the effects of forced assimilation and colonization through food entrepreneurship and a reclamation of ancestral education. NāTIFS is establishing an </span><a href="https://www.facebook.com/indigenousfoodlab/" target="_blank" style="background-color: initial;">Indigenous Food Lab</a><span style="background-color: initial;"> in Minneapolis, Minnesota as a training center and restaurant for Native chefs and food. NāTIFS plans to eventually spread this model across North America.</span><br></p>
22. Oyate Teca Project (North America)<p><br></p><p>In response to dire food access on the Pine Ridge Reservation in North Dakota, the Oyate Teca Project offers year-long classes in gardening, food entrepreneurship, and traditional food preservation techniques. Oyate Teca helps make local foods available to the community by selling produce grown in their half-acre garden at farmer's markets. The project also serves as an emergency food provider for families and children.</p>
23. Tebtebba (Asia)<p><span style="background-color: initial;">Tebtebba is an international organization based in the Philippines committed to sharing global Indigenous wisdom. Its Indigenous Peoples and Biodiversity project strengthens Indigenous organizations' research, policy advocacy, and education on biodiversity. The project also works directly with Indigenous communities to strengthen their governance structures, protect their land, and improve their food security.</span><br></p>
24. Sierra Seeds (North America)<p><br></p><p><a href="https://foodtank.com/news/2020/06/new-on-the-podcast-rowen-white-talks-indigenous-seed-sovereignty-and-viraj-puri-says-urban-greenhouses-can-transform-produce/" target="_blank">Rowan White</a> and her organization, Sierra Seeds, are dedicated to the next generation of farmers, gardeners, and food justice activists. Her flagship program, Seed Seva, offers a multi-layered education on seed stewardship and Indigenous permaculture. The program is offered online, allowing anybody to access White's wisdom. Additionally, Sierra Seeds offers a <a href="https://sierraseeds.org/seeding-change/" target="_blank">Seeding Change</a> leadership incubator, where emerging food justice leaders meet virtually to support one another while developing individual projects.</p>
25. Storying Kaitiakitanga (Oceania)<p><span style="background-color: initial;">Storying Kaitiakitanga – A Kaupapa Māori Land and Water Food Story is a project of Dr. Jessica Hutchings and other Māori researchers and storytellers. The project was developed as part of the </span><a href="https://www.ourlandandwater.nz/" target="_blank" style="background-color: initial;">Our Land and Water National Science Challenge</a><span style="background-color: initial;"> to collect the stories of Māori food producers across the food system. Storying Kaitiakitanga is exploring how traditional Māori principles and practices can inspire more sustainable food systems for the next generation. Stories include beekeepers, yogurt producers, and business development service providers.</span><br></p>
26. Thunder Valley Community Development Corporation (North America)<p><span style="background-color: initial;">The Thunder Valley Community Development Corporation (CDC) is a grassroots Lakota organization building food sovereignty on the Pine Ridge Reservation in North Dakota. Their reservation-wide Food Sovereignty Coalition is dedicated to reconstructing a healthy local food system. They have greatly increased food production on the reservation and train residents and students on Oglala food histories, current local foods, gardening, and food preservation.</span><br></p>
27. Wangi Tangni (Central America)<p><span style="background-color: initial;">In Nicaragua's Caribbean Coast, the women of Indigenous Miskita communities receive native plants from Wangi Tangni to grow for food, medicine, and reforestation. The organization provides communal and legal support for women, many of whom do not speak Spanish. The organization's overall mission is to promote political participation and gender equality through sustainable development projects such as indigenous plant rematriation.</span><br></p>
28. Zuni Youth Enrichment Project (North America)<p><span style="background-color: initial;">The public schools of the Zuni Pueblo in New Mexico and Arizona partner with the Zuni Youth Enrichment Project to build gardening spaces and provide nutrition education. The partnership is intended to reintroduce traditional knowledge and practices into students' educations about food. The Project hopes that the community gardens will also inspire more Zuni to grow their own food and reduce rates of obesity and diabetes in their communities.</span><br></p>
- Indigikitchen Is Bringing Native Food Sovereignty Online - EcoWatch ›
- 8 Gardening Tips From Indigenous Food Growers - EcoWatch ›
- Indigenous Peoples Hold the Past and Future of Food in Their Hands - EcoWatch ›
By Olivia Sullivan
One of the many unfortunate outcomes of the coronavirus pandemic has been the quick and obvious increase in single-use plastic products. After COVID-19 arrived in the United States, many grocery stores prohibited customers from using reusable bags, coffee shops banned reusable mugs, and takeout food with plastic forks and knives became the new normal.
Kamikatsu, Japan. Yuki Shimazu / CC BY-SA 2.0<p>This reveals a worldwide truth: Even products made mostly from easily recyclable materials like paper, aluminum or cardboard can't be sorted and recycled if they contain plastic components that can't be separated.</p><p>The truth is, some materials simply aren't recyclable, and <a href="https://advances.sciencemag.org/content/3/7/e1700782" target="_blank">only 9%</a> of all the plastic ever created has <em>been </em>recycled. As Kamikatsu's residents have painstakingly proven, no matter how many categories consumers sort their waste into or how diligently they scrub down their plastic food containers, most plastics <a href="https://www.greenpeace.org/usa/wp-content/uploads/2020/02/Greenpeace-Report-Circular-Claims-Fall-Flat.pdf" target="_blank">cannot be recycled</a>.</p><p>Meanwhile we keep hearing the <a href="https://thehill.com/opinion/energy-environment/504091-the-insanity-of-plastic-recycling" target="_blank">industry-driven narrative</a> that recycling can stop plastic from choking our marine life or littering our natural places. That's intentionally misleading.</p><p>Around the world, as in Kamikatsu, plastic is everywhere. With excessive amounts of plastic products and packaging stocked on store shelves, it's clear that zero-waste goals cannot be achieved by consumers alone. Plastic is not a "zero waste" material, so in order to achieve zero waste, companies must stop making so much plastic.</p>
Marine debris collected at Papahānaumokuākea Marine National Monument. NOAA<p>We can achieve that. The first steps include banning some of the worst and most polluting single-use plastics, placing a pause on the development of new plastics facilities, and protecting state and local governments' ability to enact more stringent regulations.</p><p>We must also shift the paradigm by holding producers responsible for the waste they create. By requiring new plastic products to contain recycled plastic and making producers fund the collection and recycling of plastic products, producers would be incentivized to design longer lasting products that can <em>actually</em> be reused and recycled.</p><p>These goals — outlined in numerous scientific studies and advocacy reports — have some forward motion. In the United States, a federal bill was recently introduced in both the House and the Senate, the <a href="https://www.congress.gov/bill/116th-congress/house-bill/5845" target="_blank">Break Free From Plastic Pollution Act</a>. If passed this bill — or others like it on the local, state or national levels — could help move the world beyond single-use plastics and make that needed systemic change a reality.</p><p>The bill hasn't moved forward since it was introduced this past February, but the world is still on a deadline. A recent study published in the journal <a href="https://science.sciencemag.org/content/early/2020/07/22/science.aba9475" target="_blank"><em>Science</em></a> looked at rising levels of plastic production and said "coordinated global action is urgently needed to reduce plastic consumption, increase rates of reuse, waste collection and recycling, expand safe disposal systems and accelerate innovation in the plastic value chain."</p><p>Requiring producers to stop making nonrecyclable products designed to be thrown out is the first step toward achieving that goal. Only then will Kamikatsu and other towns, cities and countries around the world finally be able to eliminate plastic pollution and reach 100% zero waste.</p><p><em>The opinions expressed above are those of the authors and do not necessarily reflect those of </em>The Revelator<em>, the Center for Biological Diversity or their employees.</em></p><p><a href="https://therevelator.org/author/oliviasullivan/" target="_blank">Olivia Sullivan</a> <em><em>is a zero waste associate with the U.S. Public Interest Research Group (U.S. PIRG) working on a campaign to move the United States beyond plastic.</em></em></p><p><em><em><span></span>Reposted with permission from <a href="https://therevelator.org/cities-zero-waste/" target="_blank">The Revelator</a>. </em></em></p>