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EPA Vetoes Largest Mountaintop Removal Permit: New Era of Civility in the Coalfields?
It's been a long time coming. Now it's final. Lisa Jackson and the EPA have gone to the mountaintop and announced their veto of the largest mountaintop removal mining permit in Appalachia.
"This ushers in a new era of civility in the coalfields," said long-time coalfields justice leader Bo Webb. He added: "I think Judy Bonds just sent us all a little smile," referring to the recent passing of the "godmother" of the anti-mountaintop removal movement.
Invoking the rule of law and science in the central Appalachian coalfields, the EPA just announced its long awaited and extensively researched decision today to veto the 2,300-acre mountaintop removal mining permit at the Spruce No. 1 Mine in West Virginia. Basing their ruling on 404 (c) of the Clean Water Act, the EPA concluded that the proposed mine would have "unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas."
This final determination overrules the Army Corps of Engineer's earlier approval of the Logan County mine.
In addition, the EPA noted:
The project, as permitted, will bury 6.6 miles of Pigeonroost Branch, Oldhouse Branch, and their tributaries under excess spoil generated by surface coal mining operations. These streams represent some of the last remaining least-disturbed, high quality stream and riparian resources within the Headwaters Spruce Fork sub-watershed and the Coal River sub-basin and contain important wildlife resources and habitat. The quality of these streams is comparable to a West Virginia-designated reference site, and the macroinvertebrate communities found in these streams, which are used as an indicator of quality, rank extremely high in comparison to other streams throughout the Central Appalachia ecoregion and the state of West Virginia. These streams perform critical hydrologic and biological functions, support diverse and productive biological communities, contribute to prevention of further degradation of downstream waters, and play an important role within the context of the overall Headwaters Spruce Fork subwatershed and Coal River sub-basin.
Charleston Gazette journalist Ken Ward has posted the EPA decision here. Ward quotes Peter S. Silva, EPA's assistant administrator for water, on today's decision:
The proposed Spruce No. 1 Mine would use destructive and unsustainable mining practices that jeopardize the health of Appalachian communities and clean water on which they depend. Coal and coal mining are part of our nation's energy future, and EPA has worked with companies to design mining operations that adequately protect our nation's water. We have responsibility under the law to protect water quality and safeguard the people who rely on clean water.
Living under a mountaintop removal operation in the Coal River Valley, anti-mountaintop removal movement leader Webb noted today:
This is very good news to so many people who live directly beneath mountaintop removal operations. It is encouraging to see the EPA exercise their authority to enforce the Clean Water Act. I hope the EPA will continue its obligation to enforce the Clean Water Act and the Clean Air Act, to protect the people in Appalachia mountain communities.
This decision will not be without critics in the coal industry, including Big Coal-bankrolled political allies like Acting Governor Earl Ray Tomblin, who repeated his support for his state's current lawsuit against the EPA on mountaintop removal permits in his State of the Union speech last night.
During his recent US Senate campaign to replace the venerable Sen. Robert Byrd, West Virginia Senator Joe Manchin even fired a rifle in a campaign ad, declaring: "I'll take on Washington and this administration to get the federal government off of our back and out of our pockets. I'll cut federal spending and I'll repeal the bad parts of Obamacare. I sued EPA and I'll take dead aim at the cap-and-trade bill."
Noting the growing and deadly health care and water crises in the coalfields, Webb called for a new era of civil discourse in the debate over mountaintop removal mining, which has left the area in economic and environmental ruin, and a move toward a just transition to clean energy investment in his region.
Webb added: "Our children's future depends on it. I call upon the EPA, in the interest of public health to now issue an immediate moratorium on all mountaintop removal operations."
24 Comments so far
Show AllUnion of Concerned Scientists:
HOT CARTOON and LINK to demand representatives get off their butts (my words) and recognize the oil lobbyists for what they are (their images) and hop-to with research support for alternative energy:
http://www.ucsusa.org/publications/pulse/cartoon-January-2011.html
I'll take every chance I'm offered on this topic...
thanks UofCS
Thanks for your posts with links lately, o.g.
Yep. Those reptiles (oil corp lobbyists) make the dinosaurs from the cretaceous period look intelligent in comparison.
See the Tyranny of Oil by Antonia Juhasz.
In RFK's biography I read about how frustrated he was that any antipoverty or community program to build better housing for people in South America (of all places) by the USA had be run by the multinational oil corporations for their approval before proceeding.
They have too much power.
Nice to have some good news.
We're gonna freeze in the cold and dark!
Yes, after 40 years of knowing you should have chosen a passive solar design...
Its abouit time to get out yer sweaters and CFLs and stop acting like a spoiled, priveledged baby.
Apparently you're sarcasm-challenged. Let's see, 62 degrees in my house, 5 undershirts, long johns, don't use the water heater or AC, no car- ridden a bike for over the mythical 40 years and garden. Quit sniffing the chloroform.
Brrrr--MD
southern appalachia still needs people to rise up and defend her from the depredations of King Coal. this was one permit.
there are hundreds across the region. step away from the Screen and get involved.
www.mountainjustice.org
www.climategroundzero.org
www.ilovemountains.org
What is this? A government regulatory agency regulating an industry that destroys the planet? Wow! It must either be a cold day in hell, or pigs are flying in West Virginia!!!
One umbrella opens in the never ending shit storm of modern American politics.
I was thinking the same thing. I'm getting way too cynical. My thoughts ran towards the possibility that some new (and even more polluting) technology has made mountain top mining no longer cost effective so the government PR goons roll out this nice sweet pro environment 'EPA is on your side' announcement. I'll wait and see on this one.
I am sad to report that one of our folks here in Vermont with an organic farm just had a fire. Over $150,000 worth of stored crops burned. He didn't have insurance. I hope he recovers.
thanks, johnthetreehugger, also the center for biological diversity. here's an excerpt from today's press release.
~♥~
After Center for Biological Diversity supporters sent in nearly 30,000 comments against mountaintop-removal coal mining, the Environmental Protection Agency this morning made a historic decision to halt the most massive mountaintop-removal mine ever proposed for Appalachia. The permit had already been approved by the Army Corps of Engineers, but the EPA -- for the first time in history -- exercised its mining-permit veto power over the agency, ruling that the destructive project would have too many water-pollution impacts, including downstream fish kills. With mountaintop-removal mining, entire tops of mountains are blasted off to access coal deposits, after which toxic mining waste is dumped into surrounding waterways. The Spruce mine would have destroyed 2,300 acres of forest and buried nearly seven miles of streams depended on by countless wildlife species -- not to mention local human communities. Coal-field residents have been fighting the Spruce mine in West Virginia since 1998.
~♥~
And Dick Cheney once said, "conservation...has no place in an energy policy"
Yes it does, Dick. Just ask the folks in Appalachia.
Dick, you should go hunting with Sarah.
I've been following the destruction of coal river valley for several years.Beautiful rivers and streams turned into fithy oil wastewater. Go to the websites mentioned in this press release. You won't be disappointed. Click on everything. It's a beautiful story, although a sad one. It has a lot of film , many beautiful songs, and takes you through the valley. Do email every one involved, it only takes a few minutes to let them know you are behind them in their efforts to stop this travesty, Thank you so much. patty
So, what's the catch?
I'm tired of this cynicism.
The torrent of vitriol and probable death-threats against Administrator Jackson, is already starting from Big Coal and their buddies, and from every sold-out politician in West Virginia. The EPA action is likely to futile anyway, as the 401 permit revocation will probably be reversed in court, and if that doesn't work, by a vote by the US congress. But since you have no idea how government works, you will blame the EPA for that too, or maybe just "the big bad government".
The US federal agencies are not dictators - their mandate is highly restricted by Congress or the President. Blame them, not the agencies.
I'm turnin' on my cracked record again. Understand and believe the only way this country can move ahead in so many areas is to get the money and congress apart. As long as corporate interests can use their deep pockets to influence our lawmakers we, as a collective populace, are screwed. The harm to Americans knows no boundaries of rich or poor, color of collar or skin, or any other category one can devise. The answer is simple. Support public financing of campaigns for public office and provide serious penalties and prosecution for scofflaws. Every contact you have with a representative should include a paragraph on this subject. Our country has one of the most corrupt legislatures in the developed nations and everything from our education system to environmental protection to energy production to public transportation to financial reform to ad nausium suffers and the U.S continues it's inexorable slide to the abyss. A vote for sale is a vote for greed.
Oh sometimes it is the agencies who drop the ball but since the directors are often appointed by the industries they regulate what is the surprise. A bit of serious reform is appropriate there as well.
Thank you EPA and Lisa Jackson. Now that's one down and about 1,000 more to go. I am
so glad that a government agency looked at the scientific facts and came out on the side of reason, the planet, and the people.
http://www.bucyrus.com/mining-equipment/highwall-miner.aspx
Now go to the link above and see how we can have the best of both worlds; we can use a very valuable resource that continues to provide 1/2 of the electricity generated in this country and for which there is currently no readily available replacement AND not destroy another equally valuable resource, the abundant (currently) fresh water, rapidly being destroyed by these vast surface mines and consumed by the drilling industry. All without destroying what remains of our mountains. Always remember, they mine the easiest coal first; virtually every mountaintop remaining is eventually subject to be destroyed by MTR. Is this the hoped-for light at the end of the tunnel or----?
hey buddy, don't get too excited about the highwall miner. They still blast the hell out of the mountains to create the actual highwall that the machine works. so it may look good on the internet, but if actually go to some of these areas you will see the highwall minor in action on destroyed ground. and it is a job killer. a few guys run it, when 50-100 used to do similar work.
sure, some of 'em get used on narrow contour strip mines. but those contour strip mines are almost as destructive to highland watersheds and biological diversity as actual mountaintop removal, cause the industry likes to make them miles long instead of a few hundred feet between water drainages.
the real solution to still having some coal is to go back to underground mining that is strictly regulated for labor safety and enviro impacts. most seams accessed by MTR and highwall miners are recoverable by underground mining methods. Those are just very expensive and it is much cheaper for King Coal to use heavy explosives and big machines instead of men.
Good news-- Perhaps. However we can expect a fight from the coal industry to reverse this ban since it would set a precident. Gear up for a battle before you celebrate--we could still lose if we allow them to manipulate the system as they have in the past.
johnthetreehugger, I've 42 years in the mining industry - from Alberta Canada to Alabama, from Nevada to Maryland, from Florida to Quebec - in just about every mineral & non-mineral extraction process (except salt & uranium). I've viewed about 90% of the highwall mining systems operating in the US and all in Appalachia. The original systems required a 120 ft. bench for the machine to work off of, newer designs require as little as 40 ft. for a working bench, so lets don't exaggerate the process. Such damage is minimal compared to MTR, especially where walking draglines operate. These operations do the most damage as they must build level pathways between mountains for these behemoths to move at near level inclines (~6 degrees). The key element in the highwall operation is that the stratification over the seams, although damaged with subsidence and the damage increasing with proximity to the seam(s) being extracted, they at least remain separated - the limestone remains in one location, the sandstone, shale rock,clays all remain as originally layed down. With MTR all the strata looses it identity and no longer performs it's individual contribution to the gound water system. The loose material used during reclaim continues to shift & settle for many years , allowing surface water to filter through and carry rare metals and toxic minerals - even fly ash from nearby generation plants is added - into the water table. Allowing MTR to continue will eventually destroy all the ground water in Appalachia. I want to see all walking draglines out of Appalachia ASAP! But I am pragmatic enough to know we do not want to endure a 50% reduction in available electric energy so I will continue to encourage the prolifieration of highwall miner use as an alternative to MTR as a solution, something glaringly lacking from critics such as yourself. As for deep mining, yes - where economically feasible - won't happen in small deposits of shallow (~30 inch) seams near the mountain tops - and many of these are very valuable hi BTU 'met' products. Deep mining is a much more capital hungry alternative and extensive reserves are a key element. Your statement that 'most' seams accessed by MTR are recoverable by deep mining is just not factual and does not contribute to a reasonable discussion or workable solution.
Sideways, I am glad that you understand the earth raping consequences of MTR. There are no more easy coal mining solutions. We must transition, quickly, to sustainable forms of energy production. Your assumption that we must remain with coal insults the ingenuity, drive, can do attitude and strength of the American public.We have thousands of empty factories and millions of unemployed. We are ready to go to work as green collar workers building solar panels,wind turbines and electric cars! The capital investment is readily available by simply cancelling the corporate welfare provided to the carbon industry with my tax dollars,and give tax credits to green investment instead. Germany did it in 10 years and is now carbon neutral! We can do it in 5!!!!!
Although I live in upper east TN, I am originally from Logan County, WV. I cannot tell you how grateful I am to see a regulatory agency actually doing their job. Another mine was closed in 2010. I can't remember the details, but this was a first in the history of the coal industry.