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.

Good News About Coal And Coal Mining? Can You Believe It?

Wow. That’s all I can think right now. Wow. I just got this news story in from Reuters. In a consent decree reached with the Department of Justice and the Environmental Protection Agency Alpha Natural Resources and its subsidiaries have agreed to spend about $200 million to install and operate wastewater treatment systems and begin upgrades to current systems to reduce toxic runoff from their mines that pollute streams throughout Appalachia.

            Alpha will also pay $27.5 million in civil penalties for thousands of permit violations. This is the largest penalty in history for violations of Section 402 of the Clean Water Act.

            In other good news, Spaniards are showing some good sense in banning mountaintop removal from the beautiful mountains of their northern region.

            Is today Christmas? It sort of feels that way to me right now.

UPDATE: For more on the Alpha story check out Ken Ward's blog here. 

Snoopy and Charlie Brown are happy for the mountains and the folks who live there.

EPA: More Than Half of Our Rivers in Poor Shape

The EPA has found that more than half of this country’s rivers are in poor shape, with only 21 percent found to be in good condition. Most of the rivers are the victims of nutrient pollution from phosphates and nitrates that are washed into the waterways from farms, urban areas and sewers. This is in general what is called nonpoint source pollution, meaning that it doesn’t flow into the river by a pipe or culvert, but is washed in with general drainage from the adjacent land.

            Believe it or not, there has been progress in cleaning up our streams and lakes since the enactment of the Clean Water Act over 40 years ago. And at least the Cuyahoga doesn’t catch fire anymore. But to have 55 percent of our rivers—70 percent in the eastern part of our country—to be suffering badly from pollution is unacceptable. We can do better than that.

OK, The Cuyahoga no longer burns, but our waters are still impaired.

Senator Jay Rockefeller to Retire From Senate: This Is Not a Good Thing

West Virginia Senator Jay Rockefeller announced today that he will not be seeking a sixth term in the Senate, giving the usual line of spending more time with his family as the reason for his retirement from public office.

Rockefeller has, for the most part, been very supportive of the coal mining industry. In 2010 he introduced legislation that would have placed a two-year moratorium on the EPA’s ability to regulate greenhouse gas emissions from power plants. And he has taken no serious legislative action to restrict or slow down mountaintop removal.

            He has nonetheless been good at supporting miners. He says that the Senate achievement of which he is most proud is the measure he sponsored in 1992 that was aimed at preserving retirement benefits for miners and their widows and children.

            Despite his support for coal, the industry and its supporters are now accusing Rockefeller of abandoning them. Rockefeller supports his fellow Democrat, President Obama, who has made efforts to roll back some of the most egregious rule-making left over from the George W. Bush administration that gave coal companies almost carte blanche to tear down mountains, fill in valleys, and pollute the streams of Appalachia.

            It’s hard for me to feel bad about the retirement of a Senator who has supported mountaintop removal and scuttled action on global warming, but with Rockefeller’s retirement, the prospects for the mountains of Appalachia, as well as the health of the planet, may have worsened. Shelly Moore Capito, who currently represents West Virginia’s second congressional district, has vowed to run for Rockefeller’s seat. In a state that has swung from being solidly Democratic to being a GOP stronghold, her success in gaining this Senate seat is most assured. (Indeed, the politics of the state have shifted so far to the right that Rockefeller may have lost to Capito if he has chosen to run for a sixth term.)

Capito co-sponsored the “Stop the War on Coal Act,” that would, among other things, loosen rules for the storage of coal ash and gut aspects of the Clean Water Act. It’s a wish list for the coal industry. She has also authored legislation that would hamstring the EPA’s ability to do its job.

Rockefeller has been no environmental champion, but at least he hasn’t worked to worsen the situation in West Virginia and the rest of Appalachia. With his retirement, it looks like that’s exactly what we will get.

The Clean Water Act Turns 40: Yippee!

Those of you who read this blog with any regularity may tire of my cynicism. I don’t blame you. I

tire of it myself.

            Today, however, is a reason for celebration. The Clean Water Act is 40 years old today. While there is still work to be done and reason for concern, the change that this legislation brought about is striking. Today, because of the Nixon administration legislation, the number of Americans who have access to clean drinking water has risen from 79 percent in 1993 to 92 percent in 2008. More than 2000 bodies of water identified as impaired ten years ago now meet water quality standards.

The big thing, though, is that the Clean Water Act has us thinking differently now. Until the early seventies many of us thought that it was OK to use our waterways as open sewers. Industry dumped waste into streams and rivers without a thought to the consequences that lay downstream.

That is no longer the case today. As Martin Luther King, other civil rights leaders, and the civil rights legislation of the early sixties enabled us to vote for a presidential candidate because of the content of his character, not the color of his skin, the Clean Water Act now has us look at our waterways not as dumping grounds, but as ecosystems and parts of our communities to be preserved and enjoyed.

Mountaintop Removal and the Continuation of Evil

George W. Bush and Dick Cheney are out of office, but much of the damage that they and their administration accomplished continues. One of the most insidious eleventh hour rule changes made by the last administration was a change to the part of the Clean Water Act that allows mountaintop removal coal mining companies to dump their wastes anywhere that they please.

            Before the Bush change, mountaintop removal mines had to maintain buffer zones of 100 feet between streams and the material that they dumped as waste from their mines. With the change of just a few words, the Bush administration changed the idea of a stream from that of a natural area to that of a construction site and the waste from the mine to being construction material. The mine companies could then dump their waste and bury streams any which way they wanted.

            Obama and his administration want to change the wording of the regulation to resemble its original intent. It seems, however, that this small step in the right direction is being impeded by House GOP members who are, in a fairly obvious tactic of harassing the Interior Department and the administration, subpoenaing documents in relation to the planned changes to the regulation.

            Edmund Burke, the British statesman who developed the philosophical underpinnings of modern conservatism, said “when bad men combine, the good must associate; else they will fall, one by one, an unpitied sacrifice in a contemptible struggle.” When I think about mountaintop removal and run across an incident like this subpoena—only one of the ways that the GOP is guaranteeing that this most horrible and destructive mining practice continues—I can’t help but sometimes despair that Burke was a blind optimist who had no experience of the corruption of greed and money.