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.

Senator Joe Manchin Wants to Tie the Hands of the EPA by Reintroducing the EPA Fair Play Act

Earlier this week the U.S. District Court of Appeals handed West Virginia and the environment a victory when they ruled that the EPA could withdraw a previously approved Clean Water Act permit for the Spruce Mine No. 1, a permit for the largest such mine operation to be performed in West Virginia.

            In an unsurprising political move, West Virginia’s Democratic Senator Joe Manchin reintroduced the EPA Fair Play Act, Senate Bill 272. The summary of the bill reads thus:

EPA Fair Play Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to remove the authority of the Administrator of the Environmental Protection Agency (EPA) to prohibit the specification of any defined area as a disposal site for discharges of materials into waters of the United States, or to restrict the use of any defined area for specification as a disposal site, once the Secretary of the Army has issued a permit for dredged or fill material.

To understand what is going on here, a little background on mountaintop removal is needed. Under the Clean Water Act, the Army Corps of Engineers is granted the authority to issue permits allowing for the discharge of pollutants or the placement of dredge and fill material into our nation’s waterways. Permits under section 404 of the Clean Water Act—intended to be used to allow the use of fill or dredge for the construction of levees, bridges, or other structures in or around water—are generally easier to get than 402 permits, which control the discharge of pollutants into lakes and streams. A court ruling that goes back over a decade established that the Corps can allow mountaintop removal operations to fill in valleys and streams with their waste material under 404 permits, as though these valleys and streams were somehow construction sites instead of dumping grounds.

            The ruling this week stated that the Administrator of the EPA has the authority “to deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site “whenever he determines” the discharge will have an “unacceptable adverse effect” on identified environmental resources.” That is, the EPA, even though the Army Corps of Engineers has granted a 404 permit, can still determine that a valley fill would pollute or otherwise harm the environment and revoke the permit.

            So the EPA Fair Play Act would tie the hands of the EPA. No matter how bad a valley fill or other disposal of overburden might be, once the Corps issued a 404 permit, the EPA could do nothing to protect our rivers and streams.

            It is unsurprising that Joe Manchin, a strong supporter of the mining industry, would reintroduce this measure. West Virginia’s other Senator, Jay Rockefeller, supports the bill. He has at times stood his ground against King Coal, but in more recent years has grown friendlier to the industry. I imagine that this bill could get a lot of support in Congress, passing the Senate and House. We can hope that it receives a veto from president Obama.

Appalachians: Should They Be Treated Like Americans?

The Sierra Club, along with Kentuckians for the Commonwealth and the Ohio Valley Environmental Coalition, are suing to have the approvals for mountaintop removal mines in Kentucky and West Virginia reversed

            The groups contend that the Army Corps of Engineers did not consider the detrimental effects the mining would have on the health of the local residents. By law health concerns are part of the permitting process.

            There is growing evidence that there is nothing healthy about living near a mountaintop mine. Health investigations have found learning disabilities, kidney stones, tooth loss, diarrhea, rash, and some forms of cancer in individuals living close to Mountaintop mines.[i] Mountaintop removal has also been associated with birth defects of the circulatory, respiratory, central nervous musculoskeletal, gastrointestinal, and urogenital systems.[ii] And people who live around this destructive mining practice also experience extreme psychological stress.[iii]

            Considering that the people of Appalachia are our fellow Americans, how much of a stretch is it to think that they should be safeguarded by the same laws that keep the rest of us safe and healthy?

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[i] Holzman, David C. “Mountaintop Removal Mining.” Environmental Health Perspectives Vol. 119, Issue 11 November 1, 2011 electronic journal

[ii] Ahearn, Melissa M. et at. “The association between mountaintop mining and birth defects among live births in central Appalachia, 1996–2003.” Environmental Research Vol. 111 Issue 6. Aug 2011, p 838-846 electronic journal

[iii] Paige Cordial, Ruth Riding-Malon, and Hilary Lips. Ecopsychology. Vol.4, Issue 3, September 2012, 201-208. electronic journal

Good News For Appalachia

I have voiced my reservations about the Obama administration’s record on the environment. So it’s heartening to have some good news coming out of Washington. The EPA is appealing a ruling by a District Court judge over the permitting of a huge mountaintop removal mine in West Virginia. This is great news for Appalachia and the rest of our country.

            The mine, which had been permitted by the Army Corps of Engineers, would bury about seven miles of streams near the historic town of Blair, West Virginia. The Corps has been the department issuing mountaintop removal permits since the establishment of the Surface Mine Control and Reclamation Act, the legislation that controls mountaintop removal and other surface mining operations, in the late seventies. The EPA is stepping up to the plate here and, in my opinion, doing the job that it should have been doing all along in the case of this horrendous mining practice: protecting the streams and fresh waters of this country.

            In their move to revoke the permit, the EPA said the proposed mine would use “destructive and unsustainable mining practices that jeopardize the health of Appalachian communities and the clean water on which they depend.” I think every mountaintop mine fits that description, so in many ways this move by the EPA is a day late and a dollar short for around 500 mine sites in Appalachia.

            But good news for the environment is so rare, so I am thankful for this recent development. Kudos to the EPA and the Obama administration.