If you’ve been wondering what climate change means for your neighborhood, you’re in luck. The most detailed interactive map yet of the United States’ vulnerability to dangers such as fire, flooding, and pollution was released on Monday by the Environmental Defense Fund and Texas A&M University.

The fine-grained analysis spans more than 70,000 census tracts, which roughly resemble neighborhoods, mapping out environmental risks alongside factors that make it harder for people to deal with hazards. Clicking on a report for a census tract yields details on heat, wildfire smoke, and drought, in addition to what drives vulnerability to extreme weather, such as income levels and access to health care and transportation.

The “Climate Vulnerability Index” tool is intended to help communities secure funding from the bipartisan infrastructure law and the Inflation Reduction Act, the landmark climate law President Joe Biden signed last summer. An executive order from Biden’s early months in office promised that “disadvantaged communities” would receive at least 40 percent of the federal investments in climate and clean energy programs. As a result of the infrastructure law signed in 2021, more than $1 billion has gone toward replacing lead pipes and more than $2 billion has been spent on updating the electric grid to be more reliable.

“The Biden Administration has made a historic level of funding available to build toward climate justice and equity, but the right investments need to flow to the right places for the biggest impact,” Grace Tee Lewis, a health scientist at the Environmental Defense Fund, said in a statement.

According to the data, all 10 of the country’s most vulnerable counties are in the South, many along the Gulf Coast, where there are high rates of poverty and health problems. Half are in Louisiana, which faces dangers from flooding, hurricanes, and industrial pollution. St. John the Baptist Parish, just up the Mississippi River from New Orleans, ranks as the most vulnerable county, a result of costly floods, poor child and maternal health, a list of toxic air pollutants, and the highest rate of disaster-related deaths in Louisiana.

“We know that our community is not prepared at all for emergencies, the federal government is not prepared, the local parish is not prepared,” Jo Banner, a community activist in St. John the Baptist, told Capital B News.

Even in cities where climate risk is comparatively low, like Seattle, the data shows a sharp divide. North Seattle is relatively insulated from environmental dangers, whereas South Seattle — home to a more racially diverse population, the result of a history of housing covenants that excluded people on the basis of race or ethnicity — suffers from air pollution, flood risk, and poorer infrastructure.

Similar maps of local climate impacts have been released before, including by the Environmental Protection Agency and the White House Council on Environmental Quality, but the new tool is considered the most comprehensive assessment to date. While it includes Alaska and Hawai‘i, it doesn’t cover U.S. territories like Puerto Rico or Guam. The map is available here, and tutorials on how to use the tool, for general interest or for community advocates, are here.

This story was originally published by Grist with the headline How does climate change threaten your neighborhood? A new map has the details. on Oct 2, 2023.

Employees at Cornerstone Cottage alerted state officials to the dangers, only to be fired themselves…

The post Rape, beatings and racial slurs: None of it was enough to shut down this Idaho youth facility first appeared on InvestigateWest.

The post Rape, beatings and racial slurs: None of it was enough to shut down this Idaho youth facility appeared first on InvestigateWest.

Senator Dianne Feinstein, who died on Thursday evening at the age of 90, leaves behind a long and complex legacy on climate and environmental issues. Feinstein represented California as a Democrat in the U.S. Senate for more than 30 years, becoming the longest-serving woman in Senate history, and during that time she brokered a number of significant deals to protect and restore the natural landscapes of the West. In recent years, as politics shifted, she found herself on the receiving end of criticism over her approach to tackling the climate crisis.

After taking office in 1992 following a decade as the mayor of San Francisco, Feinstein established herself as a champion for conservation. She worked to pass legislation that would protect millions of acres of California wilderness from development and extractive industry, using her deft skills as a negotiator to bridge disputes between competing interests. She succeeded in that conservation effort where her predecessors had failed, spearheading a 1994 bill that created the Death Valley and Joshua Tree national parks, which encompass millions of acres. She later passed bills to protect Lake Tahoe, the California redwoods, and the Mojave Desert.

Feinstein also supported action to reduce carbon emissions for much of her Senate career, and she was a key backer of a cap-and-trade bill that failed to pass the Senate during the first years of the Obama administration. She also authored successful legislation on automobile fuel economy standards, and pushed forward new regulatory standards for oil and gas pipelines following a 2010 gas pipeline explosion in San Bruno that killed eight people.

Even so, as a compromise-oriented legislator from California, she often had to weigh the competing interests of farmers, ranchers, and environmentalists, and at times she angered all of them. This tendency toward centrism was evident in her legislative work on water in the state’s Central Valley. She brokered a monumental restoration agreement on the valley’s overstressed San Joaquin River in 2009, but then helped override species protections for fish on that same river in 2016.

“That is wrong, it is shocking,” her colleague Senator Barbara Boxer said at the time, according to E&E News.

Even so, as the pace of the climate crisis advanced, Feinstein attracted criticism from the left for not supporting more ambitious policies to tackle climate change, and her reputation as a broker of compromise came back to haunt her. In early 2019, a group of activists with the Sunrise Movement confronted Feinstein in the Capitol building, urging her to support progressive calls for Green New Deal legislation.

Feinstein rebuffed the protestors.

“I’ve been doing this for 30 years. I know what I’ve been doing,” she said in a viral video. “You come in here and say it has to be my way or the highway.” Her office later released a statement on the incident that mistakenly referred to the protestors as part of the “Sunshine Movement.”

In the following years, following reports that Feinstein was experiencing a loss of her mental faculties, some politicians called for her to step down from the Senate. She resisted those calls and instead said she would retire at the end of her current term, which would have lasted through next year’s election.

The senator’s death will create even more turmoil in Washington, D.C., as lawmakers tangle over a looming government shutdown. The Senate has moved closer to passing a resolution to fund the federal government over the course of the week, but it’s unlikely to pass the House of Representatives thanks to a revolt from hardline Republicans.

Feinstein cast her final vote on Thursday morning on a procedural item relating to the Federal Aviation Administration, but she didn’t vote on an environmental bill later that afternoon. In the vote she missed, Republican lawmakers tried to override President Biden’s veto of a bill that would have rolled back endangered species protections for the prairie chicken. The final vote total was 47 Republicans to 46 Democrats, not enough to override the veto.

Correction: An earlier version of this article misstated the outcome of a vote on endangered species protections.

This story was originally published by Grist with the headline Dianne Feinstein dies, leaving a complicated legacy on climate issues on Sep 29, 2023.

The Washington State Department of Health (DOH) has closed South Lilliwaup Beach for recreational shellfish harvesting and commercial shellfish harvest on adjacent tidelands. According to DOH, …

After a blazingly hot stretch of summer in early July 2022, the skies broke open over Buchanan County, Virginia. Floodwaters damaged almost 100 homes and destroyed miles of road in the rural, overwhelmingly low-income mountain towns that dot the region. In the wake of the devastation, local officials spent $387,000 compiling a flood preparedness plan. The multistep blueprint analyzed inundation risks and recommended potential risk-reduction projects.

To develop the proposal, the county tapped the Community Flood Preparedness Fund, a state program that makes hundreds of millions of dollars available for disaster risk analysis and mitigation. They were among the first to do so after money for such things became available in 2021 through proceeds from a carbon-offset program called the Regional Greenhouse Gas Initiative, or RGGI. But those plans, and the fund, are now in doubt because Virginia Governor Glenn Youngkin wants to withdraw from the initiative despite the fact it has provided $657 million for flood preparedness and energy-efficiency programs and reduced the state’s carbon emissions by almost 17 percent.

Critics of such a move say that, beyond curtailing the significant emissions reductions RGGI has already incurred, pulling out will reduce the funding available to help communities prepare for increasingly common extreme weather. It is, they say, a huge mistake and, what’s more, illegal. A group of four Southern environmental nonprofits, led by the Southern Environmental Law Center, filed suit on August 21 to stop it.

“Repealing this regulation is just outside of their authority,” said Nate Belforado, a senior attorney with the center. “If they disagree with it, they have to take it to the General Assembly, and they’ve tried to do that and it hasn’t been successful.”

RGGI, often pronounced “Reggie,” is a collaborative cap-and-invest effort that links 12 states stretching from Maine to Virginia. Power plants in those states must acquire one carbon-emission allowance for every ton of CO2 emitted, with the permissible level of emissions declining over time. Ninety percent of the allowances are sold through quarterly auctions, generating money states can invest as they choose. The program reportedly has slashed power plant emissions in participating states by half and raised nearly $6 billion.

Virginia joined the program two years ago, following the legislature’s 53-45 vote to require participation. Of the $657 million Old Dominion has raised, 45 percent has gone toward the Community Flood Preparedness Fund to help communities with resilience planning and municipal projects. (At least a quarter of the fund’s annual allocations go to low-income communities.) The remainder has financed home weatherization for low-income residents, reducing their utility bills through simple, but often expensive, home improvements.

But Youngkin says the rate increases utilities instituted to cover the costs of participation in the initiative create a financial burden for low-income Virginians. “RGGI remains a regressive tax which does not do anything to incentivize the reduction of emissions in Virginia,” his office told 13th News NOW. (The governor’s office did not respond to a request for comment.) “Virginians will see a lower energy bill in due time because we are withdrawing from RGGI through a regulatory process.”

The appointed Air Pollution Control Board, of which four of seven members were personally named by Youngkin, voted in June to withdraw from the program by repealing the Community Flood Preparedness Act that made Virginia a part of it in 2020. If the decision stands, the move would take effect December 30. Environmental groups said the proper procedure would have been to introduce a legislative bill and have lawmakers decide. One poll found that 66 percent of Virginians support staying in RGGI; to go against them, Youngkin’s critics argue, is a fundamentally anti-democratic move. A comment period for the withdrawal remains open until Wednesday.

Beyond that criticism, Benforado calls Youngkin’s move frustrating given the progress made under the initiative. “Virginia’s monopoly utilities are required to zero out their carbon by 2050,” he said. “RGGI is the tool that will help us get there.”

Municipalities all over Virginia have used the flood-resiliency funds to shore up infrastructure, draft evacuation plans, and restore blighted wetlands. “Local governments are on the front lines of the climate crisis,” said Mary-Carson Stiff, the executive director of the nonprofit Wetlands Water Watch, which worked with Buchanan County on its flood-resiliency plan. “And they are on their own, to come up with resources to come up with plans and to fund strategies to protect against losses.”

In a 2020 report, the organization noted that most of the state’s rural communities do not have any flooding or other climate resilience plans to speak of. Proponents of RGGI say that before Virginia joined, there was almost no money for disaster preparation and planning, which can be time- and labor-intensive, and requires hiring specialists and conducting environmental studies.

Stiff says Virginia’s use of funds raised through the initiative has been fairly forward-thinking. “We’re unique in the other participating RGGI states where our auction proceeds are being spent on grant programs that are actually reducing greenhouse gas emissions,” she said.

Youngkin’s claim that Virginia ratepayers underwrite the cap-and-invest effort echoes an argument Dominion Energy, the state’s biggest utility, has made. It has said in public comments that the costs it had incurred under RGGI made it necessary to raise rates. It has proposed a rider of $2.29 on top of recent increases caused by fluctuating natural gas prices.

Mayor Justin Wilson of Alexandria, which has benefited from RGGI-funded flood-resiliency projects such as a redesigned downtown waterfront and storm drain expansion, says people were already paying dearly for the impacts of greenhouse gas emissions, and that the Community Flood Preparedness Fund has been a godsend. Flooding costs Virginians $400 million per year, according to some estimates.

“I’ve stood in the homes of residents that have seen their livelihoods destroyed,” said Wilson. “The impacts of these storm events are a tax on the community.”

Youngkin has promised alternative sources of funding for flood preparedness and weatherization, and has proposed a $200 million revolving loan fund with a similar purpose. Wilson said he’ll believe there’s a contingency plan when he sees it. All the while, small floods that would have been unusual a couple of decades ago are happening with greater frequency, and the city struggles to keep up. “We have billions of dollars of investment we are gonna have to make,” the mayor said.

Meanwhile, on the other end of the state, Buchanan County’s flood-resilience planning may be complete, but officials must find money for the improvements it outlines. On the anniversary of last summer’s inundation, flood survivors were still fixing up their homes, mourning the woman who had died, wondering where the next resources for them were going to come from, and nervously looking at silt-filled and waste-dammed creeks as summer rain began to fall.

This story was originally published by Grist with the headline Virginia is bailing on a carbon cap-and-invest program. Activists say that might be illegal. on Aug 28, 2023.

This story is part of Record High, a Grist series examining extreme heat and its impact on how — and where — we live.

Josh Payne planted chestnut trees six years ago. The rows of nut trees haven’t fully matured yet, but he’s banking on the future shade they’ll provide to shield his animals from sweltering heat. 

“We started with that largely because we want to get out of commodity agriculture,” Payne said. “But also because I’m worried that in our area it’s getting hotter and drier.” 

Payne operates a 300-acre regenerative farm in Concordia, Missouri, an hour outside of Kansas City, where he raises sheep and cattle. By planting 600 chestnut trees, he is bracing for a future of extreme heat by adapting an agriculture practice known as silvopasture. Rooted in preindustrial farming, the method involves intentionally incorporating trees on the same land used by grazing livestock, in a way that benefits both. Researchers and farmers say silvopastures help improve the health of the soil by protecting it from wind and water, while encouraging an increase of nutrient-rich organic matter, like cow manure, onto the land. 

It also provides much-needed natural shade for livestock. According to the First Street Foundation, a nonprofit climate change research group, chunks of America’s heartland — including Kansas, Iowa, Indiana, Illinois, Wisconsin, and Missouri — could experience at least one day with temperatures of 125 degrees Fahrenheit or hotter by 2053. 

When temperatures rise above 80 degrees, the heat begins to take a toll on animals, which will try to cool themselves down by sweating, panting, and seeking shelter. If they are unable to lower their body temperature, the animals will breathe harder, becoming increasingly fatigued, and eventually die.

Research shows that as the planet warms, livestock deaths will increase. Last year, when temperatures exceeded 100 degrees in southwestern Kansas, roughly 2,000 cattle in the state died; the Kansas Livestock Association estimated each cow to be worth $2,000 if they were market-ready, equaling an economic loss of $4 million. And so far this year, the trend is continuing, with livestock producers in Iowa already reporting hundreds of cattle deaths in the latter half of July alone.

According to the United States Department of Agriculture, or USDA, the ideal temperature for beef and dairy cows ranges between 44 and 77 degrees. Above those temperatures, heat stress causes cattle to produce less milk and decreases their fertility. 

Payne’s family farm is a microcosm of American agriculture’s monocrop past and its changing future. He inherited the land from his grandfather, who spent decades tearing trees out of the ground in favor of growing corn and soybeans, using chemical fertilizers for years. His family was hardly alone in doing so: Along with cattle, corn and soybeans make up the top three farm products in the U.S., according to the industry group American Farm Bureau.

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Missouri produced nearly $94 billion of agricultural products last year — an economic driver under threat from climate change, which has brought more intense floods and droughts to the state. Last year, the Mississippi River, which flows through Missouri, reached severely low water levels in the face of a historic drought, stopping the barge travel that supports the country’s agricultural economy. When Payne spoke to Grist in July, he was hoping for rain to come soon amid the humid 98-degree heat.

To prevent harm to his 600 sheep and 25 cattle, Payne currently uses portable structures to provide artificial shade while he waits for his chestnut trees to mature. This technology acts like a big umbrella that can be moved as a herd moves, but it doesn’t protect animals from reflected heat and sun rays from the sides the same way a tree canopy can. 

In addition to the shade his future nut trees will provide, they’ll be a source of income, too. Payne said it’s likely he’ll make more money on 30 acres of chestnut trees than he would on 300 acres of row crops like corn.

“We’re rethinking the farm process based on climate predictions,” Payne said. “Here we are planting trees in our pastures, so that in 10 to twelve years we can have dappled shade.”

Planting trees in a field seems almost too simple as a way to keep livestock safe and healthy in a hotter world. But Ashley Conway-Anderson, a researcher at the University of Missouri Center for Agroforestry, knows better. She said of all the USDA’s land management systems used to blend forest and livestock, silvopasture is the most complicated, as it requires a delicate balance between planted trees, natural forests and brush, and livestock. 

But she will admit the practice is common sense. 

“Trees provide shade. That’s the place where you want to be when it’s hot, right?” Conway-Anderson said. “The idea behind a well-managed silvopasture is your taking that shade and dispersing it across the field.”

Conway-Anderson said farmers are adapting their land to silvopastures at a time when agriculture as a whole is wrestling with its role in climate change. The sector accounts for roughly 11 percent of the nation’s greenhouse gas emissions, according to the USDA. 

In addition to mitigating extreme heat risks and promoting soil health, trees planted on pastures and fields act as a way to sequester carbon out of the atmosphere through the process of photosynthesis. Project Drawdown, a nonprofit known for its expansive list of practices to prevent further climate harm, estimates that silvopastures could sequester five to 10 times the amount of carbon than a treeless pasture of the same size. 

Notably, however, while carbon accounts for the main source of human-caused greenhouse gasses, agriculture’s role in a warming planet largely comes from methane produced by livestock and their waste. But silvopastures help combat that — animals that move around to graze end up trampling on their waste, working it into the soil where it’s repurposed as a natural fertilizer; in contrast, most farm operations pool all livestock waste together in large ponds from which a concentration of methane is then emitted. 

Conway-Anderson said agroforestry and silvopastures aren’t always a one-size-fits-all solution. She said farmers are having to “get big or get out,” and aren’t always able to invest the time or money in planting trees or revitalizing woodland they might already own. 

“We’ve created an economic system where we have incentivized and subsided specific crops, products, and ways of doing farming and agriculture that has really sucked the air out of the room for smaller, diversified operations,” she said.

On the other hand, she said silvopasture practices can be successful because of their flexibility. Farmers can use trees they already own. They can graze goats, pigs, sheep, cattle, and more under the shade of nut trees, fruit trees, and trees whose trimmings and branches can be harvested and sold to the lumber industry. 

“Silvopastures are not a silver bullet,” Conway-Anderson said. “But at this point, I don’t think we have any silver bullets anymore.”

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At Hidden Blossom Farms in Union, Connecticut, a rural town located near the border of Massachusetts, Joe Orefice has been methodical in his implementation of silvopasture. 

Orefice, a Yale School of the Environment professor of agroforestry, raises tunnel-grown vegetables, figs, and roughly two dozen grass-fed cows that enjoy the shade of apple trees on a 134-acre farm. He said there are currently only two acres of fruit trees the cattle use for cover. 

Despite the small acreage, Orefice said, he has focused primarily on soil health, a key aspect of silvopasture management. Without properly maintained grasses and soil, trees won’t grow, and there wouldn’t be any shade for his cattle. 

“You need to manage the grasses so young trees will grow,” he said. 

In addition to land management and soil health, Orefice said the animal welfare benefits of shade were top of mind. 

“I don’t want to eat a big meal if I’m sitting in the sun on a hot and humid day, and we want our cattle to eat big meals because that’s how they grow or keep their calves healthy by producing milk,” he said. 

Orefice said a common misconception about silvopasture leads to farmers just taking livestock they own and putting them in the forest without any additional management. He said this can damage soil when livestock, especially pigs, aren’t routinely moved. While it might seem counterintuitive, he said one of the first steps of creating a proper silvopasture from an existing forest is to trim trees and till the soil.

While he only raises 25 beef cattle, Orefice said he’s seen larger farms begin to implement silvopasture practices. He said raising tree crops, like nuts or figs and other fruits, is a boon for farmers who switch to more diversified crop operations versus large, concentrated animal-feeding operations. 

For example, Orefice noted that if farmers in the Corn Belt, who are facing continued droughts and an extreme heat future, switched to tree crops, the upfront costs might be expensive and hard. Still, they would eventually make more money on tree crops than on corn or soybeans. The problem, as he sees it, is there is no incentive or safety net for farmers to begin to adopt these practices at the same rate as they have mainstream ones. 

“The question isn’t really, ‘Is silvopasture scalable?’” Orefice said. “The question is, ‘Does our economy allow us to scale pasture-based livestock production?’” 

This story was originally published by Grist with the headline Livestock are dying in the heat. This little-known farming method offers a solution. on Aug 15, 2023.

The post Why Washington’s Tunnel 5 Fire is destined to be repeated first appeared on Columbia Insight.

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Why Washington’s Tunnel 5 Fire is destined to be repeated was first posted on August 3, 2023 at 9:19 am.
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The dream that haunts Christine White is always the same, and though it comes less frequently, it isn’t any less terrifying. 

The black water comes rushing at the witching hour, barrelling toward her front door in Lost Creek, Kentucky. She’s outside, getting her grandson’s toys out of the yard. It hits her in the neck and knocks her off her feet before racing down a street that has become a vengeful river. She and her husband run to a hillside and scramble upward, grabbing hold of tree roots and branches. She finds her neighbors huddled at the top of the hill. As dawn comes, everything is unrecognizable, the land shifted, houses torn from foundations. They begin to walk through the trees, over the strip mine, out of the forest, in their pajamas and underwear with whatever they were able to carry when they fled. 

Then she wakes up.

That night used to replay every time White went to sleep. She started taking antidepressants six months ago, something she felt ashamed of at first but doesn’t anymore. They’ve helped a little, but the dream still haunts her, lightning-seared and vivid. 

It’s been one year since catastrophic floods devastated eastern Kentucky, taking White’s home and 9,000 or so others with it. Her current abode — a camper on a cousin’s land — has become, if not home, no longer strange. But it’s the closest thing to home she’ll get till her new house, in another county, is finished. Lost Creek, though, is all but gone forever. What houses remain are empty husks. Some are nothing more than foundations overgrown with grass. 

White is never going back. “All the land is gone,” she said.

In the early hours of July 28, 2022, creeks and rivers across 13 counties in eastern Kentucky overran their banks, filled by a month’s worth of rain that fell in a matter of days The water crested 14 feet above flood stage in some places, shattering records. All told, 44 people died and some 22,000 people saw their homes damaged —staggering figures in a region where some counties have fewer than 20,000 residents. Officially, the inundation destroyed nearly 600 homes and severely damaged 6,000 more. A lot of folks say that tally is low, based on the number of residents who sought help from the Federal Emergency Management Agency. As of March about 8,000 applications for housing assistance had been approved. That’s half the number the agency received. 

The need for help, specifically housing assistance, was, and remains, acute. Most people here live on less than $30,000 a year, and at the time of the disaster, no more than 5 percent had flood insurance. Multitudes of nonprofits, church and community organizations, businesses, and government agencies have spent months pitching in as best they can. Yet there is a feeling among the survivors that no one’s at the rudder, and it’s everyone for themselves.

President Biden issued a federal disaster declaration the day after the flood, and his administration has disbursed nearly $300 million in aid so far. The state pitched in, too, housing 360 families in trailers parked alongside those from FEMA. Many of those have moved on to more permanent housing, but up to 1,800 are still awaiting a solution.

Some in the floodplains are taking buyouts — selling their homes to the federal government, which will essentially make the land a permanent greenspace. It’s a form of managed retreat, a ceding of the terrain to a changing climate. Some local officials openly worry that the approach doesn’t solve the biggest problem everyone faces: figuring out where on Earth people are going to live now. Eastern Kentucky was grappling with a critical shortage of housing even before the flood, and much of the land available for construction lies in flood-prone river bottoms. That has people looking toward the mountaintops leveled by strip mining.

Kate Clemons, who runs a nonprofit meal service called Roscoe’s Daughter, sees this crisis every day. As the water receded, she started serving hot meals in the town of Hindman a few nights each week, on her own dime. She figured it would be a months’ work. She’s still feeding as many as 700 hungry people every week. Recently, an apartment building in Hazard burned down, displacing nearly 40 people. Some of them were flood survivors. They’ve joined the others she’s taken to helping find homes.

“There’s no housing available for them,” she said.

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Clemons often brings food to Sasha Gibson, who after the flood moved with her boyfriend and nine children into two campers at Mine Made Adventure Park in Knott County. At first, she felt optimistic. “I was hoping that this would open up a new door to something better,” she said, after asking her children to go to the other trailer so she could sit for the interview in her cramped quarters. “Like this is supposed to be a new chapter in our lives.”

But the park, built on what was once a strip mine, became purgatory instead. 

Gibson, who lived on family land before the rains came, wants to leave. It’s just that the way out isn’t apparent yet. Many rentals won’t take so big a family. It doesn’t help that many of their identity documents were lost to the flood, making the search that much harder. She got some help from FEMA, but said the money went too quickly. 

A caseworker helps navigate a labyrinth of agencies designed to help Kentucky flood victims, and they’ve put in applications at a grab bag of charities building housing. One has told Gibson her case looks promising, but she’s still waiting to hear a final word. Other applications are so long and such a crapshoot — one ran 40 pages, for a loan she’d struggle to pay back — that she’s too tired to put them together.

“It’s a big what-if game,” she said. “They’re not reaching out to you. You’re expected to call them.”

Meanwhile, ATV riders sometimes ride through to the park, kicking up dust and leaving a mess in the restrooms. Gibson tries not to resent them. It’s not their fault she’s stuck.

“While it’s great and, like, they’re having a good time, it’s not a great time for us because we feel like we’re stuck here and we’re, like, an inconvenience and we’re in the way,” she said. “We don’t want to bother anybody.”

As extreme weather intensifies due to climate change, stories like Gibson’s will play out in more and more communities. Though eastern Kentucky hadn’t flooded like this since 1957, parts of the state could face 100-year floods every 25 years or so. About half of all homes in the region hit hardest by last year’s floods — Knott, Letcher, Perry, and Breathitt counties — are at risk for extreme flooding. 

Some residents worry that the legacies of surface mining – lost topsoil and tree cover, a ruined water table, and waste retention dams like the one that may have failed near Lost Creek, drowning it – will make communities more vulnerable to floods, compounding the effects of generational poverty and aging rural infrastructure. Housing needs to be built, and some say it needs to go up on the only high, flat land available — that is, the very same strip mines that contributed mightily to this whole problem in the first place.

High ground, especially former strip mines, in the region tends to be off limits. A study completed in the 1970s showed that most of what is available belongs to land companies, coal companies, and other private interests. About 1.5 million acres is believed to have been mined. Many of those sites are too remote to be of much use for housing, though, and those that are closer to town typically have seen commercial development. As the flood recovery has dragged on, though, some of these entities have decided to donate some of what they hold so that there might be more residential construction. Other parcels have been donated by landowning families with cozy relationships to the coal industry, though that hasn’t always gone smoothly.

Chris Doll is vice president of the Housing Development Alliance, a nonprofit dedicated to building single-family homes for low-income families. It was beating the drum of eastern Kentucky’s crisis long before the flood. The situation is even more dire now. Without an influx of new construction, he argues, the local economy will spiral even further.  

On an overcast and gentle day in June, Doll walked around a former strip mine turned planned development in Knott County called Chestnut Ridge. It sits near a four-lane highway and close to other communities, with ready access to water lines. The Alliance is working with other nonprofits to build around 50 houses here, along with, it hopes, 50 to 150 more on each of two similar sites in neighboring counties. A $13 million state flood relief fund has committed $1 million to the projects.  

The road leading to what could, in just a few years, be a bustling neighborhood opened up into a bafflingly flat landscape, almost like a wooded savanna. It was wide open to the sunshine, unlike the deep hollers and coves that characterize this part of eastern Kentucky. To an untrained eye, it appeared to be a healthy ecosystem. Look closer, though, and one sees the mix of vegetation coal companies use to restore the land: invasive autumn olive, scrubby pine trees, and tall grasses, planted mostly for erosion control.  

Still, it’s ideal land for housing, and most folks around here won’t mind the landscaping. Doll said the number of people who need help is overwhelming, and his team can’t help everybody. But they hope to build as many houses as they can.

“There are so many people that have so many needs that I am of the mindset that I will help the person in front of me,” Doll said. “And now we can turn them into homeowners. If that’s what they want.”

On a hillside overlooking another mine site, Doll and I walked up to the ridge to see if we could get a better view of the terrain. It is covered in a thicket of brush, too dense to see beyond. The path wound toward a small clearing, where worn headstones and stone angels sit undisturbed. Family cemeteries are protected from strip mining, and this one was clearly still cared for; the bouquets at the angels’ feet were fresh. The lifecycle of coal had come and made its mark and gone. 

“You can see where they cut out,” Doll said. “They just entirely destroyed that mountain. It’s such a wild thing to think that strip mine land is going to be part of the solution.” 

Doll thinks of it as a post-apocalyptic landscape, or maybe mid-apocalyptic, ripe for renewal, but still carrying the weight of its past. The land was gifted by people whose money was made from coal, after all.

“And, you know, it’s great that they’re giving land back,” he said. “I would prefer if it was still mountains, but if it was mountains, we couldn’t build houses on it. So yeah, it’s ridiculously complex.” He shrugged.  “Bigger heads than mine.”

He squelched across the mud and back to the car. In the summer heat, two turkeys retreated into the shade of a scrubby pine grove, their tracks etched in the mud alongside hoofprints, probably from deer and elk. The place was alive, if not exactly the way it was before.  

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The former strip mine developments are financed in part by the Team Kentucky flood relief fund created by the governor’s office. Beyond the four projects already in motion, eastern Kentucky housing nonprofits like the Housing Development Alliance are working with landowners, local officials and the governor to secure more land in hopes of building hundreds more homes. 

“Working together – and living for one another – we’ve weathered this devastating storm,” Governor Andy Beshear said last week during a press conference outlining progress made since the flood. “Now, a year later, we see the promise of a brighter future, one with safer homes and communities as well as new investments and opportunities.”

That said, nothing is fully promised just yet, and the process could take years. The homes will be owner-occupied and residents will carry a mortgage, but housing advocates hope to lower as many barriers to ownership as possible and help families with grants and loans. Applications for the developments are expected to open within a couple of months. The plans, thus far, call for an “Appalachian look and feel” that combines an old-style coal camp town and a suburban subdivision to create single-family homes clustered in wooded hollers. Though some might argue that density should be the priority, local housing nonprofits want developments that feel like home to people used to having a bit of land for themselves. 

The Housing Development Alliance has built houses on mined land before, and some of them are among those given to 12 flood survivors thus far. Alongside other entities, it has also spent the year mucking, gutting, and repairing salvageable homes, often upgrading them with flood-safe building protocols.  Even that comparatively small number was made possible through support from a hodgepodge of local and regional nonprofits, and the labor of the Alliance’s carpenters has been supplanted with volunteer help. 

Though the Knott County Sportsplex, a recreation center built on the mineland next to Chestnut Ridge, appears to be sinking and cracking a bit, Doll said houses are too light to cause that kind of trouble.  Nonetheless, geotechnical engineers from the University of Kentucky, he said, are studying the land to make sure there won’t be any unpleasant surprises. The plan is for the neighborhoods to be mapped out onto the landscape with roads and sewer lines and streetlights, all of which require the involvement of myriad county departments and private companies; then the Alliance and its partners will come in and do what they do best, ideally as further disaster funding comes down the line. 

Still, all involved say that there’s no way they can build enough houses to fill the need.

More federal funding will arrive soon through the U.S. Housing and Urban Development disaster relief block grant program. It allocated $300 million to the region, and organizations like the Kentucky River Area Development District are gathering the information needed to prove to the feds the scale of the region’s need. Some housing advocates are critical of this process, though. 

Noah Patton, a senior policy analyst with the Low-Income Housing Coalition, said HUD grants are too unpredictable to forge long-term plans. “One reason it’s exceptionally complicated is because it is not permanently authorized,” he said. A president can declare a disaster and direct the agency to release funds, but Congress must approve the disbursement. Although it all went smoothly in Kentucky’s case, the unpredictability means there are no standing rules on how to allocate and spend funding.

“Oftentimes, you’re kind of starting from scratch every time there’s a disaster,” Patton said.  

Local development districts, such as the Kentucky River Area Development District, are holding meetings around the affected counties, urging people to fill out surveys so it can collect the data needed to apply for funding from the federal program. And HUD is overhauling its efforts to address criticism of unequal distribution of funds. Still, the people who might benefit from these block grants may not see the homes they’ll underwrite go up for a few more years, Patton said. 

On the state level, housing advocates have been pushing the legislature for more money to flow toward permanent housing. Many also say the combined state, FEMA and HUD assistance isn’t nearly enough. One analysis by Eric Dixon of the Ohio River Valley Institute, a nonprofit think tank, pegged the cost of a complete recovery at around $453 million for a “rebuild where we were” approach and more than $957 million to incorporate climate-resilient building techniques and, where necessary, move people to higher ground.

Sasha Gibson has heard rumors of the new developments. She’s somewhat interested insofar as they can get her out of limbo. Until she sees these houses going up, though, they’ll be just another vague promise in a year of vague promises that have gotten her nowhere but a dusty ATV park. It’s been, to put it bluntly, a terrible year, and the moments where the family’s had hope have only made the letdowns feel worse. 

 “I have no hope to rely on other people,”  she said. “I don’t want to give somebody else that much power over me. Because then you’ll just wind up disappointed and sad. And it’s even sadder when you have all of these little eyes looking at you.”

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As Gibson waits, others long ago decided to remain where they were and rebuild either because they could or because there wasn’t another choice. 

Tony Potter, who’s lived on family land in the city of Fleming-Neon since birth, has spent the past year in what amounts to a tool shed. It’s cramped and doesn’t even have a sink, but the land under it belongs to him, not a landlord or bank. It’s a piece of the world that he owns, and because a monthly disability check is his only income, he doesn’t have much else and probably couldn’t afford a mortgage or rent. Asked if he’d consider moving, he scoffed.

“You put yourself in my shoes,” he said. 

He can’t believe FEMA would offer to buy someone’s land, or that anyone would take the government up on the offer. “I mean, my God, why in the hell you wanna buy the property and then tell them they can’t live on it?” he said. “What kind of fool would sell their property? Why would you want to sell something and then go rent something?”

James Hall, who also lives in Neon, lost everything but is staying put, in part because he doesn’t think it’ll happen again. The words “thousand-year flood” must mean something, he said. But that didn’t keep him from putting his new trailer a foot and a half higher just in case. He might bump that up to 3 feet when he has a minute. Through it all, he’s kept his dry sense of humor. “If the flood comes again,” he said, “I’m gonna get me a houseboat.”

That kind of outlook buoys Ricky Burke, the town’s mayor. He said the community’s used to flooding – the city sits in a floodplain at the intersection of the Wrights Fork and Yonta Fork creeks – but last year’s was by far the worst. Water and mud plowed through town with enough force to shatter windows. People went without water and electricity for months in some places. A few buildings, like the burger drive-in on the corner at the edge of town, have been repaired, but others remain gaunt and empty. 

Still, Burke, a diesel mechanic who was elected in November, is confident the town will pick itself up. He’s heard talk that Neon might need to move some of its buildings, that a return to form simply isn’t viable. He’s dismissive of such a notion. What Neon needs, he believes, is a big party, and he’s planning to celebrate the community’s resilience with flowers, music, and a gathering on the anniversary of the flood.

“These people in Neon ain’t going nowhere,” he said.

Some folks, through persistence, hard work, and a bit of luck, have moved into new homes.

Linda and Danny Smith got theirs from Christian Aid Ministries, a Mennonite disaster relief group, though construction started a couple months later than planned because it ended up taking awhile to figure out exactly where the floodplain was. It was built on their land at the end of a Knott County road called, whimsically, Star Wars Way. According to the Smiths, the group, which was from out of state, nearly ran out of time before having to return home and only just finished the job before leaving. They left so quickly that Danny Smith said he still needed to paint the doors. He isn’t complaining, though. Other homes were left half-done, their new owners left searching high and low for someone to finish the job. 

Although grateful for the help that put a roof over his head, Smith got a little tired of dealing with all the people who came to heal his body, his spirit, and his mind even as he completed mounds of paperwork and made calls to anyone he thought might help. “One guy, he kept insisting that I needed to go talk to someone,” he recalled. “And I said ‘who?’”

The man suggested that Danny talk to a therapist. He laughed at the recollection. It was a laugh heard often around here, the sound of a tired survivor who’s already assessed their own hierarchy of needs many times over. “I said, ‘You know, I don’t need nothing done with my mind. I need a home.”

Despite the frustration, the Smiths are piecing their lives back together, a little bit higher up off the ground than they were before. Christine White is praying for a similar outcome, and thinks she can finally see it on the horizon. The occasional nightmare aside, she’s felt pretty good these days.

FEMA gave her $1,900 awhile back to demolish her house and closed her case, leaving her high and dry. She called housing organization after housing organization until CORE, a national nonprofit that assists underserved communities, agreed to build a small home on a piece of land she owns in Floyd County. Construction began earlier this month. White, who spends her time volunteering at a local food bank, calls it a miracle. “You just gotta go where the Lord leads you,” she says. But it’s not built yet, so she’s trying not to count her chickens.

Parker Hobson contributed to this story.

This story was originally published by Grist with the headline Old nightmares and new dreams mark the year since Kentucky’s devastating flood on Jul 27, 2023.

A federal judge in May dismissed the Sauk-Suiattle Tribe’s lawsuit against the state over the collection of an online sales tax after the state informed the tribe of the existing tax reimbursement process.

Filed in U.S. District Court in Seattle in December, the tribe argued tribal members should be exempt from the collection of 6.5 percent sales tax in online purchases, in addition to exemptions for in-person purchases on the reservation.

In June, Jack Fiander, the tribe’s general counsel, said the lawsuit was rendered “unnecessary” upon further investigation. There is an existing process for reimbursement from the state, and tribal members can notify online retailers of their tribal status before the payment is made and have the tax removed.

“The process already existed, but it seems to me ideally it should have been on the state to send out a notice to various online retailers that tribes at these locations are tax exempt,” Fiander said.

The federal law exempting enrolled tribal citizens from paying sales tax states the goods are exempt if “delivered to or the sale is made in the tribe or enrolled tribal member’s Indian country.”

Fiander argued that those requirements created an unnecessary hardship due to the remoteness of the 315-citizen tribe.

Located 30 miles up Highway 530, the reservation is near only a handful of brick-and-mortar retailers. The closest town is Darrington with a population of 1,400. Forcing members to pay for a 100-mile round trip delivery of an item from Seattle, Fiander explained, was not worth the tax exemption.

The suit also alleged the sales tax was a form of discrimination against the tribe. Tribal Council Chairman Nino Maltos Jr. called the tax exemption a sovereignty issue.

But in February, John Ryser, then-acting director of the state Department of Revenue, filed a motion to dismiss the case.

In an 18-page document, Ryser argued the tribe failed to state a claim for which relief can be granted. The motion also outlined the mechanism already available to refund the sales tax and explained how to work directly with online vendors to remove the tax preemptively.

Ryser’s motion to dismiss argued the “Tribe has failed to allege facts or law that support a preemption claim for declaratory or injunctive relief.” Ryser’s motion also stated the tribe’s allegations are “insufficient” to show intentional discrimination based on race, as the lawsuit alleged.

In May, U.S. District Court Judge Ricardo S. Martinez tossed the case, stating the tribe failed to properly state a claim.

With the case dismissed, Fiander said the tribe plans to “work directly with online vendors” in the future.

“The problem with the refund policy is you have to wait,” Fiander said. “The easiest way to (remove the sales tax) will be between the consumer and retailer — to contact the internet seller and provide them proper documentation and tribal ID.”

A spokesperson for the state Department of Revenue told the Herald that the department “appreciates the court’s decision and is awaiting further developments, if any, in the case.”

Kayla J. Dunn: 425-339-3449; kayla.dunn@heraldnet.com; Twitter: @KaylaJ_Dunn.

This article was published via AP Storyshare. 

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