EPA RULING CHALLENGING WV MOUNTAINTOP MINING

(03/26/2009)

Mountaintop removal site on Kayford Mountain near Cabin Creek,
West Virginia. Note the proximity of homes and cabins to the site

Photos by Vivian Stockman www.ohvec.org

In a breaking away with the policies of the Bush administration, the Environmental Protection Agency is sharpening its oversight of mountaintop coal mining to ensure projects do not harm streams and wetlands.

The change comes following a recent full-steam ahead court decision for mountaintop removal.

EPA administrator Lisa Jackson has directed the agency staff to review 150 to 200 applications for new or expanded surface coal mines.

"The move by the EPA is a potentially troubling one at a time when we want to encourage economic growth and keep people working in West Virginia," said Congresswoman Shelly Moore Capito, "The EPA must act in good faith in working with the Army Corps of Engineers to find common ground on the hundreds of permits in question."

"I'm concerned about the real prospect of an anti-coal political agenda that blocks permits indefinitely at the cost of West Virginia jobs," Capito said.

"If the EPA bases their conclusions on science, logic, common sense, and human decency, they will abolish mountaintop removal. If they base their conclusions on coal industry lobbyists' influence, they will do a disservice to the citizens," said Vernon Haltom of Coal River Mountain Watch.

Gov. Joe Manchin discussed his concerns with EPA yesterday, saying he hopes to find a reasonable solution that will not affect West Virginia's coal jobs.

EPA Administrator Jackson went public this week over concerns about the practice, sending letters that will delay or could ultimately block two mountaintop removal permits in West Virginia and Kentucky.

"The two letters reflect EPA's considerable concern regarding the environmental impact these projects would have on fragile habitats and streams," said Jackson.

Almost 100 mountaintop mining projects had rapidly been moving forward.

Jackson said, "We will follow the letter of the law in ensuring we are protecting our environment."

"This decision illustrates a dramatic departure from the energy policies that are destroying the mountains, the culture, the rivers and forests of Appalachia and our most deeply held American values," said Bobby Kennedy Jr, President of the Waterkeeper Alliance.

"This is the Obama administration reversing the past eight years," said Joe Lovett, director of the Appalachian Center for the Economy and the Environment, calling it a positive development.

"There is a significant backlog of permits under review by the corps," the EPA said.

"EPA expects to be actively involved in the review of these permits following issuance of the 4th Circuit decision last month," which allowed full-steam ahead in starting the projects.

In mountaintop removal, coal operators use explosives to blast apart entire hilltops and uncover valuable low-sulfur coal reserves.

Leftover debris, rock and dirt is dumped into nearby valleys, burying streams.