CORRECT: UPDATE: EPA To Scrutinize Mountaintop Coal-Mining
March 24 2009 - 7:33PM
Dow Jones News
The Obama administration moved to block a mountaintop
coal-mining project from going forward and said Tuesday it would
scrutinize more than a hundred mining permits amid concern about
the waste that is dumped into rivers and streams.
It was viewed as the first time in at least eight years the U.S.
Environmental Protection Agency has flexed its muscle to block a
mountaintop coal-mining project. Environmentalists said the move
would protect rivers and streams. The coal industry complained the
decision would cost thousands of high-paying jobs.
The EPA disclosed the initiative Tuesday, announcing it has
recommended the U.S. Army Corps of Engineers deny a permit to a
West Virginia mine that had proposed dumping mining debris into
streams. The EPA said another project, to extract millions of tons
of coal in Kentucky, could potentially go forward if more steps
were taken to protect streams.
"The two letters reflect EPA's considerable concern regarding
the environmental impact these projects would have on fragile
habitats and streams," EPA Administrator Lisa Jackson said in a
statement. "I have directed the agency to review other mining
permit requests. EPA will use the best science and follow the
letter of the law in ensuring we are protecting our
environment."
In mountaintop removal, companies shear off the tops of
mountains and dump the rubble into valleys to gain access to seams
of coal. Producers often see mountaintop removal as a safer,
cheaper alternative to traditional underground mining.
Environmental groups decry the practice, saying it increases levels
of dangerous heavy metals in the water and damages plant and animal
life.
The EPA's review comes after a U.S. federal appeals court handed
a victory to the coal-mining industry by overturning a lower-court
ruling restricting mountaintop removal. A district court judge in
West Virginia had ruled that the U.S. Army Corps of Engineers
violated the Clean Water Act by issuing permits to four mines. The
appeals court reversed that decision and confirmed the Corps of
Engineers' authority to issue fill permits and approve the
mitigation steps associated with them.
The court case slowed down the issuance of permits, resulting in
a backlog of 150 to 200 applications with the U.S. Army Corps of
Engineers. EPA spokeswoman Adora Andy said the agency would review
those permits, focusing on eastern Kentucky and southern West
Virginia, where most of Appalachia's coal is mined. She said in an
email "we will also be looking at permits in Tennessee, Ohio,
Pennsylvania, and Virginia."
The Corps is evaluating the EPA's concerns as it finishes the
review of the West Virginia and Kentucky projects. The EPA
delegated authority to issue fill permits to the Corps, while
retaining the authority to veto applications. Although expressing
concerns, the EPA hasn't vetoed the permit applications, said
Ginger Mullins, regulatory branch chief for the Corps' Huntington,
W. Va. branch.
The EPA has communicated to the Corps on only the two projects,
but Mullins expects it may receive letters raising similar concerns
on additional projects.
Carol Raulston, a spokeswoman for the National Mining
Association, said the group was "very concerned" about the EPA's
review. "It not only potentially affects thousands of jobs in the
region; it also affects coal production, which is responsible for
half of all U.S. electricity."
Mary Anne Hitt, deputy director of the Sierra Club's anti-coal
campaign, said "the EPA is now asserting their authority in their
denial of these permits." She said the Bush administration had
never recommended denying a single such permit.
-By Siobhan Hughes and Mark Peters, Dow Jones Newswires;
202-862-6654; siobhan.hughes@dowjones.com