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October - December 2006

Sierra Club vs KCP&L
BIG WIN for Kansas City Area Residents!

by Melissa Blakley
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In a big win for the Sierra Club and Kansas City Area residents, Missouri’s Administrative Hearing Commission issued an order today denying KCPL’s motion to dismiss and ordered KCPL to provide discovery documents requested by Sierra Club concerning Iatan I operations. Read more...
The Reorganization of the White River Group
by Cynthia Andre
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The lack of an established organization with a strong environmental voice may have been a major factor in the defeat of the anti-coal plant campaign in Springfield in May of this year. Many of the organizations that were expected to oppose a new pollution-spewing power plant did not do so for reasons ranging from the presence of utility company employees on their boards to direct and indirect funding of the organizations by the utility company and/or a desire to preserve relations with leaders in the community.

Motivated by this lack of representation, a small group of southwest Ozark Chapter members met on August 8 to begin the process of reorganizing the White River Group. Two weeks later the group had an executive committee, three officers, a set of by-laws to submit to the Chapter and plans for programs through the end of the year. Read more...

Kansas City Moves Toward Action on Climate Protection
by Ron McLinden
 
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Kansas City took a big step toward doing its part to reduce global warming on August 17 when the city council adopted a resolution to launch a climate protection planning process. Resolution 060777—see text below—was adopted without opposition.

Kansas City is one of nearly 300 cities across the United States (including seven in Missouri) whose mayors have signed the Mayors Climate Protection Agreement—a document initiated by Mayor Greg Nickels of Seattle and sponsored by the U.S. Conference of Mayors. Read more...

Book Review: An Inconvenient Truth
by Cheryl Hammond
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Go see this movie. This movie version of Al Gore’s traveling global warming/ climate change presentation is fascinating and moving. With a gigantic computer screen behind and an on-stage Gore, a chart of CO2 concentrations vs. global temperatures over a 600,000–year period provides a frightening illustration of why we need to worry about the burning of fossil fuels. Gore climbs aboard a scissor lift to reach the dramatic rise on the chart that represents the conditions we are now experiencing and conditions expected in 45 years. Read more...
New Mark Twain National Forest Plan Under Appeal
by Caroline Pufalt
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Ozark Sierran readers, and especially those who receive the Chapter’s on-line conservation alerts, will remember that last year there was a lot of activity surrounding a new management plan for the Mark Twain National Forest (MTNF). The comment period for the draft plan ended in 2005 and the new plan was released in January 2006.

There were some things about the new plan that were laudable but there were enough disappointments in the plan that the Ozark Chapter decided to file an appeal along with four other groups: Heartwood; Missouri Forest Alliance; Ozark Riverkeepers Network; and Goods From the Woods. At the time of this writing (August 2006) we are in the process of informal talks with the Regional Forester for the U.S. Forest Service in hopes of settling at least some of our appeal issues. Read more...

Missouri Takes a Look at Real Net Metering
by Henry Robertson, Chapter Energy Chair
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The Missouri Public Service Commission (PSC) has opened proceedings to comply with The Federal Energy Policy Act of 2005 (EPAct). Participation requires legal intervention. Great Rivers Environmental Law Center has intervened on behalf of Ozark Chapter and a coalition of other groups advocating clean energy: Concerned Citizens of Platte County, Heartland Renewable Energy Society, Mid-Missouri Peaceworks, Burroughs Audubon, and Ozark Energy Services. Read more...

The Roots of Responsibility
by Tom Kruzen, Chair Mining Committee

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The Katrina and Taum Sauk disasters demonstrated remarkable lessons for us. They weren’t disasters so much from natural forces as they were from human-caused problems. These were lessons on how not to be good citizens.

For years, politicians allowed the offshore oil industry to channelize the natural delta of the Mississippi river, and, before that, the Army Corps of Engineers built levees along the Mississippi to keep water out of small towns, farmland and cities like St. Louis and New Orleans. While we pinched the “hose” we call the Mississippi, Mother Nature fought back, giving us ever increasing and destructive floods. (Remember 1995 and 1993). What did we expect the water to do? The Dutch-born physicist, Daniel Bernoulli, figured out the principles of hydraulics in the 1730’s! Read more...



Ozark Chapter—Public Interest Litigation & Regulatory Challenges
Sierra Club works to protect the health of our environment and preserve our remaining wild places through grassroots activism, public education, lobbying and, as a last resort, litigation.

Our litigation is filed under the “citizen suit” provisions found in most federal environmental protection laws. Congress in its wisdom recognized that sometimes the Environmental Protection Agency or the Department of the Interior could be subjected to political pressure or threatened with a lack of funding if they objectively enforced the laws. Therefore, the Sierra Club files lawsuits, in the public interest, to ensure that the laws of the land regarding environmental protection are observed. Compensation is never sought, only that our attorneys be paid. Read more...

To Sue or Not to Sue
by Ken Midkiff, Ozark Chapter Conservation Chair

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Time’s up. Way back in April 2006 (the 4th to be exact), we sent a 60–day Notice of Intent to Sue to the US Environmental Protection Agency (EPA) for failure to cause the Missouri Department of Natural Resources (MDNR) to comply with the federal Clean Water Act and its regulations, which have the power of law. The 60–Day Notice is required by law in order to give the agency the opportunity to get it right. The provision of law in question is Section 303(d) of the Clean Water Act. Section 303(d) has to do with waterbodies—streams, rivers, lakes or any section of these—which are “impaired.” Impaired in this case means badly polluted. Read more...

Litigation Puts Hold On More Coal-burning Power Plants
With 2005 the worst storm season ever in the U.S. some believe we may have reached a tipping point for global warming. Summer 2006 could prove to be a tipping point for our nation — finally facing the world emergency posed by global warming and embracing clean energy solutions to move us toward greater energy security and meaningful actions to address climate change.

Al Gore’s movie, An Inconvenient Truth opened in June gaining momentum just before a deadly heat wave hit much of the country in July. It now ranks as the third highest grossing U.S. documentary film even though it has only opened in 587 theatres compared to 2506 for the number two documentary March of the Penguins. The movie provides graphic and scientific illustrations of the fact that global warming is a man-made phenomenon that could set the course for irrevocable changes to the Earth’s climate and ecosystems during our lifetime. Read more...

Springfield City Utilities
Permit Errors and Future Pollution Levels Prompt Sierra Club Appeal
In September the Sierra Club appealed a judge’s recent ruling on City Utilities (CU) permit for its proposed Southwest II coal-fired power plant, arguing that there have been numerous, substantive errors in the permitting of the facility. The appeal was filed with the Court of Appeals for the Southern District of Missouri. Read more...

Why not in Missouri?
Sierra Club & Springfield, IL Forge Landmark Clean Energy Agreement
Sierra Club and the City of Springfield have finalized a ground-breaking plan to replace an old coal-fired power plant with a cleaner facility coupled with an ambitious energy efficiency program and a monumental investment in wind power. The agreement also represents the first enforceable agreement in the nation by any city or utility to significantly reduce its global warming pollution. Read more...

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