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OPINIONS
Editorial: Quick EPA review of mountaintop mining needed
In this Sept. 18, 2008 file photo, a mountaintop removal mining site is seen at Kayford Mountain, W.Va. with Coal River Mountain, left, in the background. The Environmental Protection Agency put hundreds of mountaintop coal-mining permits on hold this week, saying it wants to evaluate the projectsÕ impact on streams and wetlands.
Purchase this photoThe U.S. Environmental Protection Agency threw uncertainty into the coal industry last week when it announced it would review the process used by the U.S. Army Corps of Engineers to allow mountaintop removal mines.
The EPA said it wants to evaluate the impact of the mining method in which the tops of mountains are blasted to rubble and dumped into valleys, streams and wetlands. The agency said its review could delay 150 to 300 surface coal mines. In a separate action, the EPA said it would recommend against permits the U.S. Army Corps of Engineers had issued for a mine in Logan County, W.Va., and a mine in eastern Kentucky.
Some of the reaction was predictable. Environmental groups praised the EPA's review, while coal industry spokesmen said it could threaten thousands of jobs in West Virginia, Kentucky, Ohio and the Illinois basin.
West Virginia Gov. Joe Manchin met with EPA officials for two days to discuss the situation. Manchin's chief of staff, Larry Puccio, told The Associated Press that EPA officials said the Obama administration does not have a new surface mining philosophy. Instead, Puccio said the officials told Manchin the new administration may do things differently. They agreed to visit West Virginia for more discussions soon, although no date was set.
U.S. Rep. Nick Rahall, D-W.Va., whose district includes Logan County, issued a statement Wednesday about the EPA review.
"In these recent actions, the EPA is simply reasserting its long-standing legal authority under the Clean Water Act in the same way that it did for many years without detriment to the coal industry. I have been assured by the EPA that it intends to work to ensure clarity of understanding and certainty as it continues to help the Corps of Engineers clear out the long backlog of mining permit applications that resulted from years of litigation," Rahall's statement said.
Anyone who lives in southern West Virginia knows about the controversy over mountaintop removal mining. Under the federal Clean Water Act, companies cannot dump rock, dirt and other debris into streams unless they can show they will not cause permanent damage to waterways or the fish and other wildlife that live in them. The Corps has been responsible for issuing permits to allow mountaintop removal mining. During the Bush administration, the EPA did not challenge the Corps' decisions very often.
Environmental and community groups have criticized the Corps for being too lenient toward mining companies and not protective enough of the environment as required by the Clean Water Act. They have sued the Corps to force it to do more thorough evaluations of mining permits.
Last month, a three-judge appeals panel in Richmond, Va., overturned a lower court's ruling that would have required the Corps to conduct more extensive reviews. The appeals court decision cleared the way for a backlog of permits that had been delayed until the lawsuit was resolved.
Now, the EPA has decided take a stronger role in the permitting process.
The law is the law. President Obama is responsible for enforcing laws enacted by Congress, and he tells agencies such as the EPA how strict they should be.
It's not the EPA's job to determine whether mountaintop removal mining in itself is good or bad. That's up to Congress and state legislatures. Right now, it's legal. Legislative bodies set the rules by which mountaintop removal mining may be done. Several agencies, including the Corps and the EPA, issue permits within limits set by law.
On the other hand, businesses need certainty. They need to be able to plan. Their ability to plan is hindered while the EPA reviews how strictly it will enforce various provisions of the Clean Water Act.
The EPA owes West Virginia and other states a speedy review of these two permits and others that it may be concerned about so mining companies know what set of rules they must operate under -- the lax enforcement of the Bush administration or what could be stricter enforcement by the Obama administration.
