A Great Day For the People of Appalachia

This is a great day for the mountains. Actually, the great day was yesterday, but I’m just getting around to blogging today, but it’s still a great day. Anyway, yesterday a panel from the US Circuit Court of Appeals for the District of Columbia ruled that the EPA is within its authority to set up a process, in coordination with the Army Corps of Engineers, to review Clean Water Act permits for mining operations.

            Ever since the enactment of the Clean Water Act, which requires permitting for dumping or dredging in the waterways of this country, it has fallen to the Army Corps of Engineers to issue those permits. Having the Corps perform this function made sense, as this agency has been building dams, canals, and flood control structures.

            Since taking office in 2009 and in an effort to mitigate the pollution and destruction that is the legacy of mountaintop mining, the Obama administration has been involving the EPA in the review process for mountaintop mining permits. The court’s ruling, which came from a three-judge panel, invalidated lower court decisions by U.S. District Judge Reggie B. Walton that sided with the mining companies who claimed that the EPA was overstepping its authority in working with the Corp on permitting for the mines. Yesterday’s decision sends the case back to U.S. District Court.

Thank you, Mr. President for improving the lives of Appalachians

As more and more science indicates that mountaintop removal is bad for people’s health (see here, here, and here) and is bad for the environment (see here, here, here, here, here, and here), it only makes sense that the EPA should take part in permitting for the mines. And if you’ve ever seen the destruction caused by these mines, you wonder why the EPA hasn’t been part of the process all along.