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Obama Mining Plan Draws Criticism From Both Sides
CHARLESTON, W.Va. -- Obama administration officials on Thursday outlined their plans to try to reduce environmental damage from mountaintop removal, but stopped short of actions coal industry critics say are needed to curb destruction of Appalachian hills, forests and streams.
Federal regulators said they planned to abandon a streamlined permitting process for valley fills that bury streams, toughen ongoing reviews of a permit application backlog, and examine long-term changes to policies to find ways to continue large-scale strip mining without doing as much damage.
"This administration is taking unprecedented steps to reduce the environmental effects of mountaintop coal mining," said Nancy Sutley, chairwoman of the White House Council on Environmental Quality.
The White House and three different agencies announced the new efforts amid continued political pressure from citizen groups who want mountaintop removal stopped, and mine operators -- joined by coalfield politicians and the United Mine Workers -- who oppose moves that would tighten regulations or delay permit approvals.
But the Obama proposals did not please critics from either side.
Coal industry officials said the initiative creates more uncertainty about the hoops companies must jump through to open new mines, while environmental groups objected that more concrete steps were not taken to immediately slow the destructive mining practice.
"Mountains are being blown up today. Streams are being buried today. And the administration needs to move beyond rhetoric to real action," said Appalachian Center for the Economy and the Environment director Joe Lovett, one of a handful of lawyers who have been fighting mountaintop removal in court for a decade.
UMW President Cecil Roberts complained that environmental regulators had not consulted him when they were drawing up their plans, and threatened to oppose Obama's proposals if they appeared to put union miners' jobs at risk.
"I want to be clear: As events unfold over the next months and in the longer term, the UMWA will continue to fight for our members' jobs, their livelihoods and a secure future for their families," Roberts said in a prepared statement. "And we will do so without regard to who we have to fight with."
Coal industry officials responded that the Obama proposals for some short-term changes in permit review policies, coupled with medium- and long-range potential regulatory changes, do little to tell mine operators what tests they'll need to obtain new permits.
"I think they've added to the uncertainty," said Carol Raulston, spokeswoman for the National Mining Association. "When you have a moving target that is not clearly defined, I think that only adds to the uncertainty."
Raulston said her group also disagrees with the Obama administration's general conclusion that current mining enforcement has "failed to protect our communities, water, and wildlife in Appalachia."
"I think that is a very subjective and broad statement that we would disagree with," Raulston said.
Industry officials credit mountaintop removal with producing nearly 130 million tons of coal a year in West Virginia, Virginia, Kentucky and Tennessee, and with providing 14,000 jobs.
But government studies have found that mountaintop removal has buried hundreds of miles of streams across the region, and that the practice is damaging downstream water quality, causing serious forest fragmentation, and, among other impacts, contributing to flooding.
"We're talking many, many pounds of debris, burying many, many miles of streams and the connection between that and water quality is in many cases fairly apparent and easily demonstrated," said Bob Sussman, a senior policy adviser for the U.S. Environmental Protection Agency. "So we think we are concerned with environmental impacts that are real, that are serious, and are not simply theoretical."
In the short-term, EPA said it plans to strengthen its review of Clean Water Act permits for mining that are currently handled by various state regulatory authorities. And as a long-range objective, EPA said it would consider "revisions to how surface coal mining activities are evaluated, authorized and regulated" under that law.
But administration officials conceded that there are many questions yet to be answered about where mountaintop removal regulation is headed.
For example, Interior Department officials said they hoped to convince a federal court to throw out Bush administration changes to the stream "buffer zone" rule, a move they had already announced more than a month ago. But on Thursday, they added that they have not yet decided whether in reverting to a 1983 version of the rule they will apply that rule to the footprint of valley fills -- a move that, if adopted, would ban those fills in perennial and intermittent streams.
"The guidance is still being developed," said Peter Mali, spokesman for Interior's Office of Surface Mining Reclamation and Enforcement. "That's where we are. It's unclear what the guidance will and will not address."
Also, a key part of the Obama plan is to halt the use of the U.S. Army Corps of Engineers streamlined Clean Water Act permitting review process.
But U.S. District Judge Joseph R. Goodwin has already thrown out that process, at least in Southern West Virginia, and -- in contrast to Thursday's announcement -- the Obama Justice Department earlier this week filed a formal notice that it plans to appeal Goodwin's ruling.
Sutley called the appeal notice a "procedural filing," and said there have been "no policy decisions made with respect to that case."
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18 Comments so far
Show All"'I think they've added to the uncertainty,' said Carol Raulston, spokeswoman for the National Mining Association. 'When you have a moving target that is not clearly defined, I think that only adds to the uncertainty.'"
So these rapacious assholes have to face some uncertainty? What about the citizens of Appalachia who are watching the destruction of their entire world? Most of us have dealt with uncertainty for our entire lives.
I know that Obama's great strength is supposed to be his ability to bring opposing factions together but with mountaintop removal there can be no compromise.
This mining method is not about harvesting an energy resource. It's used for the sole purpose of fattening the industry's profits.
Wall Street wants as much coal as possible as cheaply as possible, the human and environmental costs be damned.
And damned is what Obama is if he doesn't stop this travesty.
Peace.
q
Yes, uncertainty is a fact of life. Religious fundamentalists fear it so much they are driven to the lunatic fringe of unreason, which is why they should never be in power (e.g., Islamist Sharia).
More to the point of this article, corporate capitalists exploit scientific uncertainty by inserting it into a standard line of reasoning that requires opponents to prove a negative, which is impossible to do (e.g., if you don't KNOW these "kinder, gentler" methods will be less destructive, we, the "energy companies," must be allowed to try them, and common sense be damned). Sadly, there are plenty of scientists who will take dollars to promulgate and inflate uncertainty (e.g., the doctors employed by the tobacco industry), which provides non-scientists ample fodder to cast aspersions on the entire scientific process.
Finally, economists, like religious fundamentalists, make up entire fictional realities founded largely on uncertainty. "We must remove mountain tops or the economy will tank further." By the time we demonstrate or realize that the "fundamentals" are erroneous, we're certainly screwed.
What infuriates me is the same people who exploit uncertainty to justify destructive action in pursuit of profit (mountain top removal) will flip the coin, exploiting uncertainty to justify inaction when it will hurt profits (climate disruption).
Obama? I am just stunned to see him pouring gasoline on nearly every freakin' fire (well, except for calling the DEA off of medical marijuana patients). I knew he would not meet my every expectation, but I thought he was at least supposed to be smarter than W or McCain, which made him the lesser of two evils. Now I'm uncertain.
From this morning's Democracy Now headlines: "Owner of Medical Marijuana Dispensary Sentenced to One-Year Term"
"An owner of a California dispensary for medical marijuana has been sentenced to one year in prison. The owner, Charles Lynch, was given the jail term despite the Obama administration’s vow not to prosecute medical dispensers who comply with state law. But Federal Judge George Wu said the new federal policy would not affect his ruling."
So much for my one example of "good Obama."
Obama is trying to please everyone a little bit in this one, but in fact this is a blunder. Mountaintop removal should be banned ASAP, no ifs ands or buts.
So far the Obama Admin is dragging it's feet in stopping this DISASTROUS method of coal mining...what so hard about seeing that blowing up mountaintops and filling rivers and streams with debris is totally fucked up?
"I want to be clear: As events unfold over the next months and in the longer term, the UMWA will continue to fight for our members' jobs, their livelihoods and a secure future for their families"
This is very suspicious. I work for MSHA, and every WV or KY surface mine I am familiar with is non-union. Massey Energy brags about being 98 percent union free. ICG is 100% union free.
The mining methods that would be used in place of MTR - contour-strip with highwall miners, or conventional room-and-pillar underground would create more jobs than MTR does.
And more bad news. I voted Brian Moran for governor. Unfortuntely, Big Coal hack Creigh Deeds won the nomination and even indicated his strong support for Obama's coal plans. If that god damned out of state Terry McAWFUL hadn't run, Brian Moran would have had a better chance at competing with Deeds and winning him out. Whether Republican Mcdonnal or Democrat Deeds wins the gubenatorial race for governor in November, we Virginians will be the losers as the disasterous effects of mountaintop removal will most likely spill into our state as well. I hope nobody minds me saying this against Obama and doesn't mistake me as a Limbaugh supporter which I am not but on this issue of coal "I HOPE HE FAILS !"
Uncertainty is the only thing anyone can be certain of on this journey we call life. Certainty happens when we are dead.
Government regulation by agency is such a dodge of actually regulating anything at all.How many have been poisoned and died under FDA regulations? How many died or injured by big Pharma drugs. When you hear your government say we will regulate the problems know that the under the table the flow of cash from corporations to government will fix it so that no oversight, penalties or fines will effect the bottom line of corporations.
RW Grace, Libby Montana
Exxon-Mobil, Prince William Sound
GE, Hudson River the list goes on.
Obama does not speak with eloquence he speaks with forked tongue.
Screw federal government regulation. Allow the people of Virginia to vote and control the waters and mountains in their state. What's the matter true democracy to scary for you? Are the American people so lame that they do not have the brains to decide to limit or prohibit corporations from selling low gas mileage, high polluting cars in their state? Prevent nuclear power plants or mountain top removal? Death by parts per million ring any bells?
The problem is that state and local government are far more more compromised (more like blackmailed) by corporate influence.
And under the influece of industry scare propaganda (once again, more like blackmail) of economic ruin, how can you be sure the mjority of West Virginians don't or won't support MTR?
If government regulations are corrupted by industry pressure on the regulators (and as a govt. regularor I feel the pressure every day at work), the problem is the industry influence, not the regulations.
Don't throw the baby out with the bathwater. United we stand, divided into 50 little states, we fall.
Joe Leavit: "And the administration needs to move beyond rhetoric to real action," Oh, haven't you heard, baby, the "rhetoric" is as close as you'll get to "real action" with Obama; see the Rhetorical President article today. More exactly, Obama will provide the rhetorical pablum and his administration will do the "real action" of converting every aspect of American life into another playground for his corporate masters. Once you get the "swing" of the good cop and the bad cop working for the same employers, you'll understand just about everything.
yunzer June 12th, 2009 12:47 pm
The problem is that state and local government are far more more compromised (more like blackmailed) by corporate influence.
Federal state and local government is compromised by agency rules. A tactic to put the people governed to sleep. This is a democracy at its very roots. Very town, county and state wide can take back agency rule by declaring that right for them selves. We can vote to allow mountain top removal and its destruction if we want or stop it.
Are you saying that we no longer or never had the power to protect the health, safety and welfare of us, the people, and the environment that we depend on to survive?
If you have let that go for the privilege to shop, entertain yourself, and accumulate wealth for your individual self then you have allowed a dictatorship of corporations to own your ass.
Yes, we do have the power to protect our safety and health - through the federal government via our elected representatives. I really don't see how local representatives are any less corruptable - usually they are more easily corruptable.
The idea of thousands of counties each developing and enforcing their own regulations is so wildly impractical that it is absurd to discuss it. Most barely have the resources to keep their roads or schools mainitanied, And, what heppens if the county upriver or upwind of your county adopes more lax environmental rule?
But, I do agree that if a local government can pass ordinances dictating the landscaping around ones private house, then one would think they could simply prohibit the specific features of MTR mining (like valley fills), by local ordinance. I suspect the reason thay can't is that such an action would constitute a condemnation of private property, and the little county would be sued for hundreds of millions of dollars worth of coal.
I think the sad truth is that we are finding out that once again we have been lied to by a slick politican. There is no voting for the lesser of two evils because one is still voting for evil.
"Yes, we do have the power to protect our safety and health - through the federal government via our elected representatives. I really don't see how local representatives are any less corruptable - usually they are more easily corruptable."
Clearly, I understand your point.How has reliance on this representative system worked so far? The missing mountain tops and polluted rivers clearly point out, that approach is NOT working.
We have also quite clearly seen an election of our president that spoke all the right things before being elected and yet has brought us the same old same old.On war, environment, health care and prosecution of torture and war crimes all "our" important issues are off the table.
Further reliance on representatives can only be a manifestation of pagan faith based reliance on things that are fictional. It is quite in our faces. If not a return to majority rule starting at the very local level then what changes this state of destruction of the systems/nature that we depend on to survive but violent overthrow of corporate dominance based on profit before people or nature?
I'll go for democratic control locally setting the example and growing across our land first even understanding that we will many times stumble and fall or make bad decisions rather than the present corporate control that we have already witnessed as a planetary disaster.
"UMW President Cecil Roberts [...] threatened to oppose Obama's proposals if they appeared to put union miners' jobs at risk."
OMG! We also put terrorists jobs at risk by making it harder for them to kill people! This argument Mr Roberts is making doesn't fly. Not being payed is not enough to keep it going. These people are crazy. Just stop it completely and move on to get the same or better pay from green jobs. Go build some wind towers!
When is greed going to stop being in the front of politicians and corporate executive minds.
again I am being rude and changing the topic: we have about 4 weeks until single payer health insurance will be dead unless all of America rises to call your Congressman this week and demand he support HR 676 sponsored by John Conyers . The insurance companies are on their knees and fighting with all their money for their livelyhood to continue to provide the bad service that has killed people and caused too many people to go bankrupt paying medical bills.
In 1993 Hillary wanted to reform private health insurance and it just has not been done- they buy the politicians off. Now first 1 and now 80 Congressman have supported HR 676 and word is getting around that the public demands it.
Health care has three important parts: quality, cost and access and the private sector has failed badly...
All other civilized countries have health insurance regulated by government-- they have better service- and no it is NOT true that Canadians want our system-- they are happy with their own! We are fed a lot of lies.
Fight! Call your Congressman and demand he support HR 676 NOW
Obama tried to "split the baby" here and ended up killing the baby, ....and the baby's father, mother, siblings and descendants who die from the toxic effects of coal mining and burning.