Showing posts with label Joe Manchin. Show all posts
Showing posts with label Joe Manchin. Show all posts

Tuesday, July 22, 2014

Fasting and Frustrations In the Mountains of West Virginia


There’s been a lot going on in the hills of Appalachia in the last week or so. Unfortunately for me, I’ve been busy with other work and writing. So here is a brief rundown of what’s been happening in the mountains.
For the last two weeks, actually a bit longer, 16 days total now, Roland Micklem, a retired science teacher who is now 85 years old, has been conducting a fast at the West Virginia state capitol building to inspire awareness of climate change, which includes mountaintop removal mining. He has fought for the mountains and the people of Appalachia for some time. In 2009 he organized a walk of senior citizens in West Virginia to protest mountaintop mining. He says his environmental awareness goes back to the 1950s, when he noticed that some of his favorite birds and animals were disappearing from his native Virginia.
Micklem has been joined by two other activists, Vincent Eirene and Mike Roselle. Here is a short video of Micklem from a couple days ago as he explains his motivations:

You can keep up with Micklem’s efforts through a Facebook page that follows the fast.

And I thought this was very interesting. Over at Coal Tattoo, the excellent blog about all things coal, Ken Ward points out the blatant subservience Senator Joe Manchin has to all things coal, as he held a stakeholder meeting to discuss the EPA’s new rule on emissions from existing power plants and to “find a balance between economic and environmental concerns.” As Ward point out this “balance” is a sort of Fox News type of balance that only included the interests of the fossil fuel companies. No one from any environmental organization or agency was invited to this stakeholder meeting.
            For blog posts, I only rarely read any of the comments, but please read the comment from Bo Webb on this post. Webb is of course the man who, in hopes of finding a simple rural life, returned to West Virginia only to find his homeland ravaged and his neighbors sickened by mountaintop mining. The story of his growing awareness and activism makes up part of the documentary On Coal River. In his comment Webb recounts his absurd meeting with Manchin as an environmental stakeholder in the state of West Virginia. I don't believe that Manchin could have sent a clearer message to Webb that the Senator did not care one fig about Webb, his community, or his mountains.
            

Tuesday, April 8, 2014

Three Months On West Virginia Still Suffers From Troubled Waters

Three months on some West Virginians still aren't drinking the water.

Sorry to have dropped the ball on this blog for a while. There has been plenty to write about, but I’ve been tied up with a few things lately. I promise to get back to a more regular schedule with my posts here.
            The story that I’ve been following a great deal lately is the toxic spill in West Virginia’s Elk River that occurred in January of this year. Though the spill happened almost exactly three months ago, apparently there are still folks who are staying away from their tap water, and some folks are complaining that the telltale licorice smell still lingers in the water coming from their taps. The levels of the 4-methylcyclohexane methanol have dropped in the drinking water. The highest level of the chemical in water tested in a ten-home pilot project was found to be 6.1 parts per billion, much lower than the Center For Disease Control’s somewhat arbitrary threshold of 1000 parts per billion.
            It seems as though some members of the national press are keeping an eye on the water problems in the Kanawha Valley. I heard this story on Here and Now. Interviewed for the story is Rahul Gupta. The Kanawha-Charleston health director said that there may now be evidence pointing to long-standing low levels of MCHM being present in the drinking water of the Kanawha Valley. As he said, there is no research on what this chemical might do to people who are exposed to small amounts of it over long periods of time.
And the spill made the pages of the New Yorker. Evan Osnos, who years ago worked as a photojournalist in Clarksburg, West Virginia, my hometown, delves into the history of the coal companies and the grip that they have on the politics of the Mountain State. In his piece Osnos suggests that the rise of the GOP in West Virginia, a very traditional Democratic stronghold, is not a good trend. Although the anti-environmental rhetoric of the GOP and that party’s willingness to slash and burn environmental and health regulations would seem to support what he has to say, I think things are bad in my home state no matter which party occupies the state house or the governor’s mansion. The lack of regulatory control over the coal companies and the chemical industries goes back through the administrations of governors Joe Manchin and Jay Rockefeller, both Democrats.
            Democrats and Republicans both bear some of the blame for the state of affairs in West Virginia; the same can be said of the electorate that sends these politicians into office. Ultimately, however, the coal companies and the chemical industry in West Virginia are responsible for the polluted waters and sickened people. From the time Appalachian children attend grammar school, where the coal industry has developed and, with the blessing of the educational establishment, inserted into Appalachian schools’ curricula to indoctrinate students and turn them into coal industry loving adults, through the industry’s campaign against the president and environmental regulation in the guise of fighting Obama’s “war on coal,” King Coal and the chemical companies influence enough of the electorate to get coal-friendly politicians into office. Their influence is not total. Recent polling indicates that mountaintop removal remains unpopular in West Virginia. Even still, you don’t have to convince every voter, just enough to make the difference to get your preferred candidate into office. And once in office, no matter what a state senator or governor may believe personally, they are barraged with the money and lobbying of the industries that control West Virginia.
            Without footage of floodwaters or images of flattened houses, most of the national press moved on from the story of West Virginians and their water problems. But Osnos quotes West Virginia Senate Majority Leader John Unger pointing out why this toxic spill deserves the attention of the rest of the country, “Martin Luther King said that injustice anywhere is a threat to justice everywhere. Why should anybody care about what goes on in West Virginia? Because it’s the canary in the mineshaft. If you ignore it in West Virginia, it’s coming, it’s going to continue to build, and the issue is: Should our country have the debate about our rights to the very basic infrastructure that sustains us? Or should we continue to ignore it?”

Saturday, February 8, 2014

I Wouldn't Drink That Water and Other Frank Words From Senator Rockefeller


Some honest words from retiring Senator Rockefeller


Part of me is thinking that this is a day late and a dollar short, but at the same time it’s one of the most amazingly honest assessments to come out of a political leader from West Virginia. As Joe Manchin does his best to deflect and distract from Rachel Maddow’s questions about the poor state of affairs in West Virginia, the Mountain State’s other senator, Jay Rockefeller, who is retiring from the Senate after 20 years in office, has been saying some very honest things about the state of affairs in West Virginia.
            I blogged about Rockefeller yesterday and the honest words he had to say during a hearing of the Senate Environment and Public Works Committee’s water subcommittee. Well, West Virginia’s senior senator is continuing his frank talk about the state in which he made his political career since the early seventies. The water that was poisoned for 300,000 residents a month ago has been declared safe by the West Virginia Department of Environmental Protection and the Centers For Disease Control and Prevention, but Rockefeller is having none of it. The former governor of West Virginia, citing the state’s history of “lack of regulatory control” said, “And even if some expert group told me it was safe I don’t think I’d believe it. They can say it’s not hazardous or this or that, but it doesn’t mean anything.” Rockefeller made his statement to WCHS, an ABC affiliated television station that broadcasts to Charleston and Huntington, West Virginia. Rockefeller continued his remarks:

 It just gets into the degree of control that corporations have over people. They dominate in West Virginia’s life. Governors get elected—and I was a governor once—and they appoint people to regulatory jobs who helped them in campaigns. What does that tell you?

Indeed, Senator Rockefeller, what does that tell you? I applaud and very much appreciate your present honesty. We need more of it, what you said yesterday and today. This broadcast should be played and replayed throughout West Virginia—as well as the rest of the United States, for corporate control of the way we think goes beyond the borders of the Mountain State—until the folks whose tap water was poisoned by Freedom Industries wake up to the fact that untainted drinking water is not optional and should never be at risk from an unregulated storage tank; until the folks whose wells have dried up or otherwise been fouled by mountaintop mining realize that precious resources have been unfairly stripped from their lives; and until all those whose lives have been unduly plagued by cancers, kidney stones, learning disabilities, and other diseases see that their health and their lives have been sacrificed for the profits of outside corporations.
            And yet my applause is muted. I know you mean well, Senator Rockefeller. But I do not think that the chemical spill in the Elk River last month was your personal wake up call, your moment of clarity on a Road to Damascus. You’ve known the score in West Virginia for decades. You knew how King Coal controlled the state when you were governor in the seventies. Back then you played along. Perhaps it can be said that the grip of the coal industry is so tight on the politics and the mindset of West Virginia that no politician who does not toe the line for King Coal will make it into office. So perhaps politically you were caught between an anthracite rock and a bituminous hard place. If you didn’t play along with the powerful people who own the mines and the minerals under the land of West Virginia, you would have never sat in the governor’s office and never become a senator to my home state.
            You played along. But wasn’t there somehow—as the mines grew larger and larger, as more and more miners lost their jobs to the huge draglines, as the valleys filled with debris from the mountaintop removal operations, as hundreds of miles of West Virginia’s streams were buried forever—that you could have said, “Enough” to the mining companies. Wasn’t there a time to tell them that they had scored their hundreds of millions of dollars and that it was time to treat the land and people of your state with the respect due them?



Saturday, February 1, 2014

Who's to Blame For the Chemical Spill in West Virginia?


A lot—but not enough, really—has been written about the chemical spill in West Virginia’s Elk River. More than three weeks after the area around the spill started smelling like a licorice factory and residents started showing up at local emergency rooms complaining of ailments such as nausea, health officials in West Virginia are still urging folks not to drink the water.
            Dr. Rahul Gupta, the director of the Kanawha-Charleston Health Department, which is ground zero for the disaster, has said that ultimately scientists don’t know the possible health effects of exposure to the 4-methylcyclohexane methanol, the chemical that was spilled into the Elk River on January 9th. He says that officials have only confused folks by declaring the water safe, then changing their minds over the matter. Scientists have also criticized the declaration made by state and federal officials that the water was safe to drink, citing the lack of testing of the chemical’s health effects on humans. They go on to say that the safety standard on 1 part per million set by the Center For Disease Control is based on faulty or incomplete data.
            The questions troublingly linger. How could such a disaster happen? How does a tank filled with a substance that is known to kill laboratory animals and whose health effects on humans is unknown, wind up stored along the banks of a river that has a water processing plant just a stone’s throw from the tanks that hold that chemical? How is it that the people of the Kanawha Valley and surrounding area are not surrounding the state capitol building, which is not very far away from the spill, and demanding immediate action to ensure the safety of their water?
            Soon after the spill Washington Post columnist Eugene Robinson in his column Too Much Silence Over West Virginia Chemical Spill took note that officials in West Virginia were taking a, “OK, it’s time to move along, folks,” attitude, noting that Senator Joe Manchin had told CNN that he was “not going to cast guilt on anybody.” The chemical has not been properly tested for human safety; the tank that held the MCHM had not been inspected since the early nineties; a water processing plant that provides water to 300,000 people is downstream from this leaking facility; and there isn’t some sort of responsibility to be had by anybody for this disaster, Senator Manchin? And West Virginia Representative Shelley Moore Capito still claims that the EPA is “overreaching.” Is ensuring that folks have safe water to drink overreaching, Ms. Capito?
            Over at Salon, Trish Kahle, in an essay titled How West Virginia Became the Dumping Ground for the Nation’s Energy Policy writes about the invisibility of the Mountain State. Except for a few caricatures of thick-accented inbred hillbillies, we West Virginians are pretty invisible to most other folks in the U.S. As a native West Virginian who now lives in southern California, I can attest to the truth of what Kahle says. On occasion, when I’ve mentioned to someone that I’m from West Virginia, folks have confessed to me that they have never heard of the state. Commonly, people hear “Virginia” and assume that “West” is a modifier like the southern in southern California or the upstate of upstate New York.
            Kahle observes that coal, which used to be stockpiled in people’s cellars to heat their homes through the winters, is no longer seen by most Americans, although 37 percent of their electricity comes from this fossil fuel. As their heat and lights are brought on with a flick of a switch and they no longer shovel coal into furnaces, they no longer think of the miners who pulled the coal out of the ground or the trains and trucks that shipped the coal to their homes. Out of sight, out of mind.
            Kahle gives a great deal of background to West Virginia turning into the land of industrial waste and national forgetfulness and takes a rather cogent view of the concerted effort of business to systematically beat down the populace into corporate compliance and the failure of state politicians to protect their constituents. She says:

And, as with the Elk Creek disaster, the state almost always failed to step in to protect residents from the destructive policies of the companies.  After the Buffalo Creek disaster, for example, the state demanded $100,000,000 for disaster relief and damages, but settled for only $1,000,000 – a settlement that reflected the power of the companies in shaping state politics and suggested that the state was less interested in winning justice for its citizens than it was in maintaining a relationship with the coal industry.
The attacks perpetrated by the companies went far beyond disasters like Buffalo Creek, extending into public policy, workplace safety, and into people’s communities.  In an effort to cut costs, the companies expanded the use of strip mining after WWII.  They invested in uranium mines. They fought every environmental and safety regulation put forward by lawmakers under pressure from organized miners.  The energy companies were determined to emerge victorious in the midst of an energy crisis they had helped to manufacture.
To do so, they attacked the people of West Virginia on every front.  They harassed and assaulted residents who tried to block strip mine operations.  They attacked workers who unionized, and then fought against a union leadership that claimed, “if coal cannot be mined safely and burned cleanly, it should not be mined or burned at all.”  The coal industry even went so far as to say that in lieu of sustainable energy alternatives being developed, government resources should detonate nuclear weapons underground to increase natural gas reserves. (When they tried that, they acted shocked that the resulting gas was radioactive … and therefore unusable.)

The most damning and visceral criticism of the disaster comes from Eric Waggoner, an English professor at West Virginia Wesleyan College and a West Virginia native. His blog post on the chemical spill on his blog Cultural Slagheap, which went viral and was picked up by the Huffington Post, damns the usual suspects, King Coal and its political enablers. But he winds up his rant with a very pointed finger directed at our fellow West Virginians. He says:

To hell with all of my fellow West Virginians who bought so deeply into the idea of avoidable personal risk and constant sacrifice as an honorable condition under which to live, that they turned that condition into a culture of perverted, twisted pride and self-righteousness, to be celebrated and defended against outsiders.  To hell with that insular, xenophobic pathology.  To hell with everyone whose only take-away from every story about every explosion, every leak, every mine collapse, is some vague and idiotic vanity in the continued endurance of West Virginians under adverse, sometimes killing circumstances.  To hell with everyone everywhere who ever mistook suffering for honor, and who ever taught that to their kids.  There’s nothing honorable about suffering.  Nothing.

I don’t have as much anger toward my fellow West Virginians as Waggoner feels. As someone who grew up in West Virginia, I remember seeing people take great pathological joy in hurting themselves. But I think that Kahle gets it right. West Virginians think like West Virginians because of decades of abuse. Abusive relationships do not end, however, because the abuser finds enlightenment. The abused has to take control of the situation.
Washington and the state house of West Virginia are not the places where hope and change are going to happen for West Virginia. If anything has any chance of changing, the people with the fouled water need to know that other people don’t take pride in being beaten down. The have to realize that you are not admirable for putting up with mountaintop removal and the ills that it brings. You are not special for enduring poverty so as a few others can enrich themselves by mining the coal that lies under your land and streams. Your suspicion and feelings of false superiority to outsiders should extend to the outsiders who own the mines and the mining companies.

Who is responsible, West Virginia?

Tuesday, January 28, 2014

Manchin, Rockefeller, and Boxer Introduce the Chemical Safety and Drinking Water Protection Act


I have my fingers crossed on this one. In the wake of the chemical spill in West Virginia's Elk River that left 300,000 without drinking water, Senators Joe Manchin, Jay Rockefeller, and Barbara Boxer introduced the Chemical Safety and Drinking Water Protection Act, which would, once enacted provide for the following:

  1. Require regular state inspections of above-ground chemical storage facilities.
  2. Require industry to develop state-approved emergency response plans that meet at least minimum guidelines.
  3. Allow states to recoup costs incurred from responding to emergencies.
  4. Ensure that drinking water systems have the tools and information to respond to emergencies.

This is a good move on the part of West Virginia’s senators and my senator here in California. I’m pretty certain that the GOP controlled House will delay, water down, or kill this legislation—I can hear their usual canards already: “overregulation,” “jobs killing,” “jobs or the environment,” “war on coal,” and a few others—before president Obama can sign it into law. But it is still a development that gives me hope for West Virginia and West Virginians.
Safe drinking water is a right.

Thursday, January 16, 2014

Chemical Spill Leaves More Questions in West Virginia


As the chemical spill in the Elk River drifts downstream and more and more West Virginians are turning their taps back on, and as the story drifts off the front pages of the press, a few questions remain.
Safe to drink yet? No one really knows.


While we still have a fuzzy understanding of what the chemical 4-methylcyclohexanemethanol is and remain uncertain of its toxicity, the EPA is uncertain as to how much of the licorice smelling substance leaked into the river. Officials acknowledged that they don’t know how much of the substance may have leaked into the soil with the potential of seeping into the river if there aren’t proper clean up measures implemented.
            The West Virginia legislature has been quick to aide small businesses affected by the spill. HB 4175, the “West Virginia Small Business Small Business Emergency Act,” has already passed the West Virginia House of Delegates and would allow for small businesses to apply for grants and low or no-interest loans. Small businesses could also defer paying state payroll and sales taxes.
            I don’t disfavor helping small business. In this economy, a disruption of a week’s business could be a make or break situation. But the monies that would be helping these businesses would be coming from state tax dollars. In essence, with this bill, the people of West Virginia are going to be asked to compensate businesses because of an industrial accident of a poorly regulated corporation. Isn’t there a sense of robbing Peter to pay for what the corporation Paul is responsible for?
            And it’s curious that this is the first bill to come out of the West Virginia legislature after this accident. What of legislation to avoid such accidents in the first place? Wasn’t West Virginia urged to do so years ago?
            And though Senator Joe Manchin is reintroducing a bill that would provide for more stringent regulation of hazardous chemicals, West Virginia’s legislators are still voicing strong support for industry and trying their best to distance this accident from the coal industry. Remember, as they say, it is a chemical spill, not a coal industry related chemical spill.
            Finally, I found this over at Forbes. Ken Silverstein, at the business oriented publication calls for “corporate social responsibility,” saying that:

Devoted corporate citizens are endearing themselves to not just their shareholders but also to the communities where they live and conduct commerce. In turn, they are validating their brands and adding value. Conversely, cutting corners and evading responsibility diminishes their goodwill.

Well, well, well. I guess that Silverstein thinks that if we just left businesses alone, they, through their self-enlightened ways, would always do the right thing and soon we would be living in an Ayn Rand utopia of environmentally friendly corporate profits.
            I don’t dismiss what Silverstein says out of hand. There are many good people in charge of companies who want to do the right thing. But there are enough of them—and this spill gives us a good example of one—who are willing to cut corners, to disregard worker safety and health, to consider the environment as only a source for timber and minerals. This is why we need laws and regulations to make sure that they don’t hurt people or the environment.
            Most employees won’t steal from their employers, but we still have embezzlement laws to punish the no goodnics who do try to enrich themselves at their employers’ expense. Few people want to hurt other folks, but we still have laws against assault and murder to safeguard us against those who would.
It’s the same with business. Maybe we don’t need laws to keep us safe from Kumbaya Incorporated, but we should have some safeguards for the companies that aren’t so enlightened.

Thursday, November 14, 2013

From Coal Tattoo: Coal’s ‘Bad Arguments’ On Climate Change Rules

Coal’s ‘bad arguments’ on climate change rules



It may seem like a stretch to connect the dots between the destruction of the mountains in West Virginia with the deadly havoc unleashed upon the Philippines by Typhoon Haiyan. But those billions of tons of coal that have been removed from the Appalachians have been turned into CO2 and make up a portion of the greenhouse gasses that are warming our planet. And a warmer planet makes way for more unstable and destructive weather.
Less that a year after Typhoon Bopha, which killed 1,900, and faced with the deaths and destruction of Haiyan and the possibility of ever more destruction from future extreme weather events, the Filipinos are calling for action. Naderev “Yeb” Sano, the Philippines’ representative to the United Nations’ current round of climate change talks is quoted in U.S. News & World Report as saying:

To anyone who continues to deny the reality that is climate change, I dare you to get off your ivory tower and away from the comfort of your armchair. I dare you to go to the islands of the Pacific, the islands of the Caribbean and the islands of the Indian ocean and see the impacts of rising sea levels; to the mountainous regions of the Himalayas and the Andes to see communities confronting glacial floods, to the Arctic where communities grapple with the fast dwindling polar ice caps, to the large deltas of the Mekong, the Ganges, the Amazon, and the Nile where lives and livelihoods are drowned, to the hills of Central America that confronts similar monstrous hurricanes, to the vast savannas of Africa where climate change has likewise become a matter of life and death as food and water becomes scarce. Not to forget the massive hurricanes in the Gulf of Mexico and the eastern seaboard of North America.
And if that is not enough, you may want to pay a visit to the Philippines right now.
Sano added, “What my country is going through as a result of this extreme climate event is madness. The climate crisis is madness. We can stop this madness.”

As Ken Ward in his Coal Tattoo blog points out in the above link, Sano will not be able to count on Joe Manchin and the other politicians in West Virginia, who continue to deny or ignore climate change. The powers that be in the Mountain State keep on wanting to dig up all the coal and turn it into carbon dioxide no matter what.

This kind of destruction, Appalachian mountaintop removal
Gives you this kind of destruction, Typhoon Haiyan image from theaustralian.com

Friday, July 19, 2013

GOP (And Others) Still Denying or Ignoring Global Warming


I have not given up hope, but I’m beginning to think that the GOP and certain other politicians would rather die than to acknowledge global warming.
According to this story on NPR, there is a great amount of support for a federal carbon tax. A carbon tax is one of the most effective and simplest means of reducing CO2 emissions. Everything that a company or a person uses as a fuel that throws carbon up in the air—diesel, coal, gasoline, natural gas, etc.—would have a tax. The tax would be based on how much carbon that particular fuel would put in the atmosphere. Coal would have a higher tax rate than, say, natural gas, because it makes more carbon dioxide than natural gas when it is burned. At a recent Senate panel considering a carbon tax, however, GOP members disputed that global warming is even happening.

The Keeling Curve from Scripps Institute of Oceanography
Average Temperature by Decade
This is the science, ignore it at your peril.

And Joe Manchin, a Democrat but one from the coal producing state of West Virginia, was the only Democrat to vote against the confirmation of Gina McCarthy to head the EPA. McCarthy, a highly qualified public administrator who has worked for both Democrats and Republicans, was confirmed after the Senate reached a deal averting the “nuclear option” and ending the GOP filibuster that had been holding up her confirmation. Explaining his vote, Manchin actually praised McCarthy, saying:

In fact, it’s not hard to imagine that she could have been nominated to be EPA Administrator by Mitt Romney if he had won the 2012 Presidential election. After all, she advised him on climate change when he was Governor of Massachusetts.

As Ken Ward of the Charleston Gazette points out, Manchin, while he is railing against the EPA and espousing a “common sense” approach to energy policy, completely leaves out any mention or consideration of global warming and greenhouse gasses.

Today's GOP: "Please just make that horrible science and nasty global warming go away!"



Monday, May 13, 2013

With Amendment 846 Senator Joe Manchin Does the Time Warp For King Coal


With a couple of legislative amendments, West Virginia Senator Joe Manchin hopes to make a big time warp to benefit King Coal.
            Recently, a federal court ruled that the EPA does in fact have authority over issues of water quality and could deny a permit to pollute streams with valley fills from the Spruce Mine No. 1, a mountaintop removal operation in West Virginia, even after those permits were granted by the Army Corps of Engineers.
Manchin, in the position of helping the coal industry as best he can, is offering amendments 846 and 850 to the Water Resource Development Act, a bill that is receiving a lot of pressure for passage because of the generous amounts of pork that lies within its legislation. These amendments would strip the EPA of its authority to deny fill permits, as the agency had done with the permit for the Spruce Mine.
            Manchin’s Amendment 850 would, among other things, reduce the time that the Secretary of the Interior could comment on a valley fill permit from three months to one month, making the task impossible to adequately administer. The truly astounding thing about his other amendment, Amendment 846, is that it has an effective date of October 18, 1972, the date on which the Clean Water Act was passed into law. Backdating this amendment, Manchin is attempting to make a legislative WABAC machine to a time when mountaintop removal was but a gleam in the eye of King Coal. According to the Ohio Valley Environmental Coalition, the backdating is intended to give the green light to a handful of mining operations whose permits were denied by the EPA over the decades. (The Coalition is waging a campaign for folks to call their Senators demanding that these amendments be stripped from the pending legislation.)

UPDATE 5/14/13: neither of Senator Manchin's amendments made it into the final bill, the Water Resources Development Act. The mountains and people of Appalachia are somewhat safer, as well as the fabric of the space-time continuum that were threatened by these amendments.

Saturday, April 27, 2013

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.