Posts Tagged ‘Kentucky’

Kentucky Sees Growth in Bald Eagle Population

Monday, October 13th, 2014 - posted by Barbara Musumarra

By Barbara Musumarra

Bald eagles are navigating a continued recovery in Kentucky. Reports made this August by the Kentucky Department of Fish and Wildlife observed 131 nests, a promising increase from the 42 nests found in 2005 and the single nest found in 1986.

In eastern Kentucky, reservoir construction has added necessary food sources for the raptors, which have historically preferred western Kentucky. Two nests were found in Daniel Boone National Forest.

Only 30 percent of hatchlings typically survive their first year because they must learn to independently fly and hunt. Climate change and the destruction of their natural habitat by man also threaten these birds across the country.

Despite these continuing challenges, in 2007 the eagle’s successful rebound was celebrated with their removal from the federal endangered species list. The 1970s ban on DDT pesticides and subsequent eagle reintroduction programs have significantly improved the bird’s population health. Tennessee has also seen successful nesting rates.

A First-Hand Look at Emerging Opportunities in Eastern Kentucky

Monday, October 13th, 2014 - posted by Barbara Musumarra

By Kimber Ray

When eastern Kentucky residents shared their regional vision at Appalachia’s Bright Future Conference this September, they could point to real examples. The main highlight of the conference, which attracted more than 100 people from across Appalachia, was a collection of 20 tours of local businesses, farms, music and art venues, tourist attractions, and community cooperatives.

This was the second Bright Future Conference presented by Kentuckians for the Commonwealth, a grassroots organization focused on economic and environmental justice. The three-day event showcased economic transition in Kentucky’s Harlan and Letcher counties.

Several tours focused on how to re-envision coal mining as a historic heritage attraction, with destinations such as The Kentucky Coal Mine Museum and an underground tour of coal mine Portal 31. Also featured among the tours was the recently developed Benham Energy Project to promote community-wide energy efficiency.

As Appalachian communities face the challenge of transitioning from a largely coal-dependent economy, such conversations are spreading.

On the state level, a similar conference hosted by Kentucky Gov. Steve Beshear and U.S. Rep. Hal Rogers (Ky.-D) is the Shaping Our Appalachian Region initiative, which aims to advance health, education and economic opportunity in eastern Kentucky.

Unique to the SOAR initiative are themed listening sessions conducted across the region to gather citizen feedback. Following the Dec. 2013 SOAR Summit kickoff, opinions on the initiative were mixed, with some residents and organizations expressing concern that elected officials failed to acknowledge citizen feedback, and others embracing it as a way to engage with a diverse set of ideas.

Visit soar-ky.org to learn about the November 2014 SOAR summit. To learn more about Appalachia’s Bright Future, visit kftc.org

Employees of DEP-certified lab conspired to violate Clean Water Act

Thursday, October 9th, 2014 - posted by brian
An employee of Appalachian Laboratories Inc., a state-certified lab used by coal companies, plead guilty to conspiracy to violate the Clean Water Act.

An employee of Appalachian Laboratories Inc., a state-certified lab used by coal companies, plead guilty to conspiracy to violate the Clean Water Act.

We learned some unsettling news from West Virginia yesterday afternoon. The Charleston Gazette reports that an employee of a state-certified company pleaded guilty to conspiracy to violate the Clean Water Act after he faked compliant water quality samples for coal companies between 2008 and 2013.

John W. Shelton, who worked as a technician and then a field supervisor for Appalachian Labs Inc., a Beckley, W.Va., firm, admitted to diluting water samples taken from mine pollution discharge points with clean water, among other unlawful measures taken, to ensure pollution levels were in compliance with permitted limits. Prosecutors say Appalachian Labs conducts water sampling at more than 100 mine sites in West Virginia, but for now it’s unclear what mine sites or coal companies could be implicated in the case.

As Ken Ward Jr. points out in The Gazette, this crime is a serious cause for concern, since state and federal agencies rely heavily on self-reported data to determine if coal companies are obeying the law. But honestly, while we’re appalled, it is hard to be surprised by this latest discovery. We have some experience with misreporting of water monitoring data that has taken place in Central Appalachia in recent years.

The way this story is coming together suggests a frightening collusion between employees at a lab that maintained certification from DEP. We know from the plea agreement that Shelton did not act alone. Check out the section titled “The Conspiracy to Violate the Clean Water Act” that begins on page 4. But the truly damning language comes in the following section, which states the “objects of the conspiracy were to increase the profitability of Appalachian by avoiding certain costs associated with full compliance with the Clean Water Act … and to thus encourage and maintain for Appalachian the patronage of [its] customers.”

Shelton faces up to five years of imprisonment and a fine of up to $250,000. The investigation into Appalachian Labs, however, is ongoing and is being handled by U.S. Attorney Booth Goodwin, the FBI and the U.S. Environmental Protection Agency.

Following is a statement from Appalachian Voices’ Central Appalachian Campaign Coordinator Erin Savage:

The discovery that a lab employee in West Virginia knowingly altered sampling procedures to assure that monitoring reports submitted for coal companies would be in compliance with the Clean Water Act raises serious questions about the reliability of monitoring reports for the coal industry across Central Appalachia.

False reporting of water quality data from mines in Central Appalachia is not unheard of. In 2010, Appalachian Voices uncovered water monitoring reports that contained duplicated data for the three largest mountaintop removal companies in Kentucky. During the period they were submitting erroneous monitoring reports, these companies never reported a single pollution violation.

No criminal charges have been brought in Kentucky in relation to those cases. In light of the charges brought in West Virginia, however, we have to wonder how widespread these criminal practices are. This shocking discovery further highlights the extreme need for state agencies to seriously reevaluate their enforcement efforts and for the EPA to step in when the states do not properly enforce the law.

Mountaintop removal is the 800-pound gorilla at the SOAR Health Impact Series

Thursday, August 14th, 2014 - posted by Erin

If the SOAR initiative is to go beyond political rhetoric, Rep. Hal Rogers and Gov. Steve Beshear must take public concerns about mountaintop removal’s health impacts seriously.

Water polluted by mining in eastern Kentucky. Photos by Appalachian Citizens Enforcement Project via Flickr.

Water polluted by mining in eastern Kentucky. Photos by Appalachian Citizens Enforcement Project via Flickr.

I attended the first Shaping Our Appalachian Region (SOAR) Summit held in Pikeville, Ky., last December. Following Kentuckians For The Commonwealth’s Appalachia’s Bright Future economic development meeting, I was excited at the prospects such a large summit might generate.

As a joint effort between U.S. Representative Hal Rogers (R-Ky.) and Kentucky’s Democratic Governor Steve Beshear, it was clear that SOAR had the power to make real change in eastern Kentucky, but only if those involved had the will.

The results of SOAR following the summit have been mixed so far. Several people have pointed out issues with the process — specifically, the stakeholders most involved in SOAR may not accurately represent the needs and concerns of eastern Kentuckians. Since the summit, my hope for the outcomes of SOAR have waned. But when I learned that the director of the Centers for Disease Control and Prevention (CDC), Dr. Tom Frieden, would be visiting eastern Kentucky as part of the SOAR Health Impact Series, I saw an opportunity for the voices of residents from coal-impacted communities in eastern Kentucky counties to be heard.

Making a Clear Case on Mountaintop Removal and Health

Over the past several years, more than 20 peer-reviewed studies have been published linking a range of health problems including above-average cancer and birth defect rates to the presence of mountaintop removal coal mining. Yet just last month, the Obama administration pulled funding from the U.S. Geological Survey for research underway on air pollution from mountaintop removal and its link to respiratory issues. The need for a serious effort to identify and address health issues related to mountaintop removal in Central Appalachia has never been more clear. Despite this, I was not optimistic that Dr. Frieden and Rep. Rogers would address this need during their visit.

Studies investigating mountaintop removal health impacts have found people living near surface mining are 50 percent more likely to die of cancer.

Studies investigating mountaintop removal health impacts have found people living near surface mining are 50 percent more likely to die of cancer.

Prior to the CDC visit, the SOAR health committee held 11 listening sessions across eastern Kentucky from April through July. Each of the sessions drew an average of more than 20 participants. Although SOAR has thus far limited the role of key community members in leadership positions, the health committee has provided a forum for some community involvement.

The CDC meetings consisted of four sessions — two shorter evening sessions in Somerset and Paintsville, and two longer daytime sessions in Hazard and Morehead. I attended the daytime session in Hazard last Tuesday, where there was standing room only. Several individuals spoke, including Rep. Rogers and several doctors from eastern Kentucky.

As the morning went on, I began to lose hope that environmental concerns would be brought up. Then, Dr. Nikki Stone, the health committee chair and event moderator, spoke about the issues that came up during the listening sessions. She began listing the top 10 concerns that had come up throughout the listening sessions, and much to my surprise, environmental impacts, including air and water pollution from mountaintop removal mines, was the top concern resulting from the listening sessions, tied with a desire for coordinate health programs in public schools.

To be honest, I was stunned. I was so sure that the topic would be avoided at a meeting that attracted so much attention. Suddenly, I was hopeful that the health impacts of mountaintop removal would receive some real attention from those that have the power to address the issue.

Unfortunately, the rest of the meeting quickly turned back to lengthy speeches about taking personal responsibility for one’s own health and an announcement of federal funding for the Appalachian Cancer Patient Navigation Project. The talks left me with the distinct impression that those speaking would rather focus on dealing with the prevalence of disease, rather than preventing it.

The Health Impact Series did not improve later that evening in Paintsville. The closest mention of environmental impacts on health came from Rep. Rogers, who referred to dirty streams but then went on to blame water quality degradation on people dumping and straight piping waste into streams. It seemed once again that it was easier to blame eastern Kentuckians, rather than the industry they have been beholden to for generations.

The Opportunity Ahead

There was a strong press presence at both meetings, which may have salvaged some chance of addressing the impacts of mountaintop removal. According to the Lexington Herald-Leader, when “asked whether he would support having the CDC study the public health effects of mountaintop mining in Central Appalachia, Frieden said the agency ‘only goes where it’s invited.’” Following the disappointing Paintsville meeting, I felt like I had one last opportunity to make the most of the meetings and approached Dr. Frieden fully expecting to be turned away. Instead, he listened carefully for a moment and then directed me to his assistant. I spoke with several CDC employees and was disappointed to find that they were unaware of the multitude of health studies linking health problems to mountaintop removal. They did, however, encourage me to contact them directly for follow up on the issue.

Moving forward, Appalachian Voices and our allies intend to follow up with the CDC, to be sure that they are fully aware of the current research that indicates quite clearly that one of the major health issues we should be concerned about in Central Appalachia is mountaintop removal coal mining. We will be sure that the CDC knows that, at least when it comes to the citizens of eastern Kentucky, the CDC is invited to investigate this pressing issue. We will also be sure that the SOAR Health Committee acts upon its finding that citizens are most concerned about environmental impacts on health, because, as the Herald-Leader stated, “when a congressman and governor invite people to ‘listening sessions,’ there’s an obligation to take what they say seriously.”

Endangered Species are New Focus in Legal Case against Kentucky’s Water Quality Protections and EPA

Wednesday, August 13th, 2014 - posted by eric

Contact
Appalachian Voices: Eric Chance, 828-262-1500, eric@appvoices.org
Kentuckians For The Commonwealth: Suzanne Tallichet, 606-776-7970, stallichet1156@aol.com
Center for Biological Diversity: Tierra Curry, 971-717-6402, tcurry@biologicaldiversity.org
Sierra Club: Adam Beitman, (202) 675-2385, adam.beitman@gmail.com
Defenders of Wildlife: Melanie Gade, (202) 772-0288, mgade@defenders.org
Kentucky Waterways Alliance: Tim Joice, (502) 589-8008, Tim@kwalliance.org

LOUISVILLE, Ky. –
A coalition of national and Appalachian conservation groups today asked the U.S. District Court for the Western District of Kentucky to compel the Environmental Protection Agency (EPA) to protect imperiled wildlife in Kentucky. The groups want the EPA to reassess the dangers posed to wildlife by a new set of water quality standards covering Kentucky’s coal mining and agricultural operations.

In November 2013, the EPA approved the weakening of Kentucky’s water quality standards for selenium, a pollutant commonly released by mountaintop removal coal mines. The EPA also approved Kentucky’s weakened standards for nutrient pollution from agricultural runoff, which causes toxic algae blooms in local bodies of water and depletes the oxygen needed to support most aquatic life. A coalition of conservation groups, including Appalachian Voices, Kentuckians For The Commonwealth, Kentucky Waterways Alliance and Sierra Club, immediately filed suit, asserting that the EPA’s new guidelines are insufficient to protect waterways and wildlife under the Clean Water Act.

Today, two national wildlife conservation groups, Defenders of Wildlife and Center for Biological Diversity, joined the case. The groups assert that, in addition to violating the Clean Water Act, the EPA’s approval of Kentucky’s weakened water quality standards also violates the Endangered Species Act. Under that law, the EPA is required to consult with the U.S. Fish and Wildlife Service to assess the impacts of changed standards on federally listed species. The groups allege that the EPA violated the Endangered Species Act by initiating, but failing to complete, that consultation process.

The groups issued the following statements:

Jane Davenport, senior staff attorney with Defenders of Wildlife:
“Coal mining has devastating impacts on water-dependent wildlife. The new, weaker water quality standards were originally proposed by the coal mining lobby so it’s unfortunate to see the Environmental Protection Agency essentially rubber stamp them without even checking to see how imperiled wildlife would be affected. Implementation of these new standards needs to be put on hold until the EPA fulfills all of its obligations under the Endangered Species Act and Clean Water Act.”

Eric Chance, water quality specialist with Appalachian Voices:
“This weakened selenium standard is basically a handout to the coal industry at the expense of the people and streams of Kentucky. The EPA and state are just making it easier for polluters to get away with poisoning streams. This is a misguided rule at odds with well-established science, existing laws and common sense.”

Tierra Curry, senior scientist at the Center for Biological Diversity and a native of Knott County:
“Kentucky is home to more kinds of freshwater animals than nearly any other state. Keeping the water safe for them will also help protect healthy water quality for people.”

Alice Howell of Sierra Club’s Cumberland (Kentucky) Chapter:
“Mountaintop removal coal mining threatens our health and our environment, including our most vulnerable species. The EPA has acted irresponsibly by approving Kentucky’s dangerously weak standards. It’s time for the courts to intervene and uphold the strong protections required under the Clean Water Act and Endangered Species Act.”

Suzanne Tallichet, state chair of Kentuckians For The Commonwealth:
“KFTC members are concerned with the health and well-being of all species. We all share the planet, so when one species is being harmed, we are all at risk – including people. Kentucky state officials and the EPA should help us strengthen – rather than diminish – our natural resources. Many Kentuckians are working hard to build a brighter future for coal-impacted communities. But that bright future depends on having healthy streams that are necessary for wildlife, tourism, communities, and businesses to thrive. Appalachia’s bright future can’t be built on polluted waterways that are doing damage to fish and wildlife, not to mention local communities. Kentucky deserves better than these weakened water quality standards.”

Judy Petersen, executive director of Kentucky waterways Alliance:
“The selenium pollution allowed under these new rules could impact birds and other wildlife dependent on the bugs and small fish in our waterways. And we’ve already seen the impacts of too many nutrients in our waters. Taylorsville and Barren River Lakes have levels of harmful algae that put them in the moderate health risk for recreational exposure. People can get sick and even dogs and pets could die after swimming in these lakes. We must do a better job protecting our waterways from pollution, and not look to weaken protections.”

###

Head in Clouds, Feet on Trail: Kentucky’s Cloudsplitter 100

Sunday, August 10th, 2014 - posted by Jack Rooney

By Amber Ellis

Come Oct. 4-5, folks from all over the United States and the world will be arriving in Pine Mountain, Ky. for the state’s first 100-mile race.

The Cloudsplitter 100 is endorsed by USA Track & Field as an official mountain, ultra and trail-running championship. There will be accompanying races of 25, 50 and 100 kilometers as well as food, music, games and storytelling.

Cutting through Pike and Letcher counties, the race route follows the Pine Mountain Scenic Trail, “one of the most physically demanding trails in the East,” and highlights the area’s rugged beauty and nearly untouched landscape as a promising possibility for Kentuckian ecotourism. Visit: cloudsplitter100.com

Quarry Opposition in Ky.

Sunday, August 10th, 2014 - posted by Jack Rooney

By Amber Ellis

Citizens in Powell County, Ky., are not taking kindly to the threat of a new rock quarry atop Furnace Mountain courtesy of Red River Materials.

More than 150 people discussed their questions and concerns at a public forum in April, but many left unsatisfied. They responded by creating a petition to stop the permit.

The Kentucky Division of Mine Reclamation and Enforcement processed the permit application and returned it to Red River for further hydrologic, geologic and cave and species mapping investigation, according to Mark Tarter, an agency official.

To read citizens’ concerns, visit their petition at Change.org or their Facebook group, Save Furnace Mountain.

Ky. Proposes Updates to Coal General Permit

Sunday, August 10th, 2014 - posted by Amber Ellis

By Brian Sewell

New permitting rules could have far-reaching implications for Kentucky coal mines, processing facilities and the streams that carry away their waste. The state’s “general permit,” which is updated every five years, is available to coal companies seeking pollution discharge permits judged to have a lesser environmental impact than larger operations.

Currently, pollution discharges within five miles of a public water intake are not eligible for the general permit, but the new proposal would change that and instead ask coal companies to create response plans for “catastrophic releases” into public water supplies.

The U.S. Environmental Protection Agency must also sign off on the changes. The previous general permit expired on July 31.

Expecting Justice: The backward priorities of a billionaire coal baron

Thursday, August 7th, 2014 - posted by brian

If spending $30 million to see your favorite NFL team play in your backyard is possible, practical even, then so is paying your debts.

One of these things is not like the other, but they're all owned by Jim Justice. Premium Coal's Zeb Mountain (top) and Windrock Mountain mines in Tennessee, and the Greenbrier's new training complex. Photos from tnleaf.org and Facebook.

One of these things is not like the other, but they’re all owned by Jim Justice. Premium Coal’s Zeb Mountain (top) and Windrock Mountain mines in Tennessee, and the Greenbrier’s new training complex. Photos from tnleaf.org and Facebook.

On July 25, as opponents of mountaintop removal celebrated an order that halted three companies’ surface mining operations in Tennessee, New Orleans Saints fans flocked to the Greenbrier Resort in White Sulphur Springs, W.Va., where the NFL football team began training camp at a brand new $30 million facility.

At the center of both stories is Jim Justice, a billionaire West Virginia native who in recent years cut his coal losses by investing heavily in resort properties like the Greenbrier.

The Sierra Club and Statewide Organizing for Community eMpowerment shared the news that the federal Office of Surface Mining Reclamation and Enforcement issued 39 cessation orders against National Coal, Premium Coal and S&H Mining, each owned by Justice, for failing to report water monitoring data and meet mine reclamation requirements.

In fact, coal mines owned by Justice in Alabama, Kentucky, Tennessee, Virginia and West Virginia have racked up more than 250 violations, with unpaid penalties of about $2 million.

“I guess I just screwed up,” Justice said to the Roanoke Times in July about his subsidiaries’ transgressions. “I mean, we’re not a public company … The majority of this is all paperwork, and I’m cleaning it up.”

Purchased Power

Justice is worth somewhere in the neighborhood of $1.6 billion. Forbes magazine puts him at number 292 on a list of wealthiest Americans and estimates that his personal wealth has grown by $500 million in the last year.

In some circles, he is revered for rescuing West Virginia’s historic Greenbrier Resort from bankruptcy in 2009. And even as violations against Justice-owned operations pile up, West Virginia’s lone billionaire is helping his state through troubled times.

“Sure, some have raised questions about some of Justice’s companies’ practices, late payments, regulatory fines and the like,” a July editorial in the Charleston Daily Mail postured in guarded praise. “Yet, while many talk of diversifying the state’s economy in the face of market and regulatory setbacks for the coal industry, Jim Justice and company are doing something about it.”

Photo from the Justice to Justice campaign's Facebook page.

Photo from the Justice to Justice campaign’s Facebook page.

Some folks in Kentucky feel differently, and understandably so — nearly half of the 266 violations Justice faces resulted from problems at mines in that state’s eastern counties.

Along with violations for failing to pay fines or breaking promises after previous enforcement actions, the charges in Kentucky stem from companies failing to submit water monitoring reports and failing to meet reclamation requirements. The problem has gotten so bad that some states are considering bond forfeiture, a last resort that could push the costs of proper reclamation off on the communities Justice’s companies have already put in harm’s way.

It’s not the first time his companies’ poor regulatory records have hurt their ability to do business. Outstanding violations in Virginia led to a massive victory for opponents of mountaintop removal last year when the Department of Mines, Minerals and Energy denied a permit for Justice’s A&G Coal Corp. to strip-mine Ison Rock Ridge in Wise County.

But the recent cessation order in Tennessee represents the largest action to date taken against Justice’s companies. Unlike all the other states where his operations face violations and fines, Tennessee’s mining regulatory program is handled by the federal government.

Before the cessation orders were issued, the federal Office of Surface Mining held public hearings in Anderson County, Tenn., to address Premium Coal’s failure to meet reclamation requirements at two mine sites. Premium Coal requested the orders be dropped because the crew they hired had planted trees upside down with the roots sticking up.

Southern Appalachian Mountain Stewards formed the Justice to Justice campaign this year to raise awareness about the dismal regulatory records and outstanding debts of Justice-owned coal companies. Photo from justicetojustice.org

Southern Appalachian Mountain Stewards formed the Justice to Justice campaign to raise awareness about the dismal regulatory records and outstanding debts of Justice-owned coal companies. Photo from justicetojustice.com.

“You’d think a coal billionaire could hire firms that can plant a tree the right way around. Sadly, Premium Coal’s reasoning for not meeting permit requirements was simply that,” said Sierra Club Organizer Bonnie Swinford in a press release. “Justice and his firms have a legal responsibility to ensure adequate reclamation of strip-mined land in our state — and upside-down trees don’t cut it.”

Add it all up, and it’s no wonder the Southwest Virgnia-based Southern Appalachian Mountain Stewards formed the Justice to Justice campaign this year to call on the mogul to use his power to diversify Appalachia’s economy and put an end to mountaintop removal. In early July, SAMS members marched outside the Greenbrier and the towns of White Sulphur Springs and Lewisburg, W.Va., holding signs with messages such as “You got rich, we got sick,” “Employ local people in reclamation,” and “Hey Jim Justice, be a good neighbor to ALL of Appalachia.”

According to the Justice to Justice website, many tourists and even local residents had no idea that the Greenbrier patriarch’s fortune had been built in part “on the backs of blasted mountains and abandoned communities.”

Courting the Saints

Sadly, media coverage of Justice’s latest major investment has obscured everything mentioned so far in this post. A USA Today story about the new facility built for the New Orleans Saints praised a genial, sports-loving Justice, calling him a “refreshingly grounded billionaire.” Justice was proud to share the amount he spent to see the Saints come to the Greenbrier.

“This is on me — I spent $30 million of my own money,” Justice told USA Today. “The Saints are paying for their rooms and their meals. Basically, that’s it. The Saints didn’t put money in this deal.”

The facility, which has variously been described as “posh,” “lavish,” and “state-of-the-art,” was built in about 100 days. You can watch the video at right from the Charleston Daily Mail’s YouTube account for a look inside.

“It’s unbelievable when you think about it,” Justice told reporters gathered in the locker room. “This is, gosh, I’m trying to think, a little over 90 days in the doing, and with a whole lot of earth-moving, it had to be done before that.”

Yes, it is unbelievable, and exceedingly hard to not just conclude that Justice sees himself as being above the law. If dropping $30 million to see your favorite NFL team play in your backyard is possible, practical even, then so is abiding by surface mining laws and properly reclaiming mines — trees planted root-side down and all.

Justice says the demands of his critics, who he calls “anti-mining activists,” are unrealistic. But considering the circumstances, a regional movement calling on his companies to clean up their mess, pay off their debts and stop poisoning water is not only realistic, it’s unavoidable. Justice practically created it. To do right by Appalachia, he should meet those demands and then some. And he could start by responding to the open letter and request for a meeting the Justice to Justice campaign sent him months ago.

Back at the Greenbrier, likely in a dining room every bit as lavish as the new sports complex, Saints’ Coach Sean Payton and Justice had dinner together the night before training camp started. At one point, according to USA Today, Payton told Justice, “You exceeded expectations.”

Given the same chance, someone from Central Appalachia expecting justice — whether an out-of-work miner, a contractor waiting to be paid, a fed up environmental regulator or a mother concerned about the poorly reclaimed mine looming over her community — might all say the opposite: “Not even close.”

Appalachian Voices, Kentuckians for the Commonwealth, Statewide Organizing for Community eMpowerment and Coal River Mountain Watch recently signed on to Justice to Justice campaign. Learn more here and by liking the campaign’s Facebook page.

Court sides with EPA on science-based mountaintop removal permitting

Friday, July 11th, 2014 - posted by brian
A federal appeals court reaffirmed EPA's authority to coordinate with other agencies to apply science throughout the mountaintop removal permitting process.

A federal appeals court sided with the EPA today on mountaintop removal permitting.

In a major victory for Appalachia and clean water advocates, a federal appeals court has reaffirmed the U.S. Environmental Protection Agency’s authority to coordinate with the U.S. Army Corps of Engineers when reviewing Clean Water Act permits for mountaintop removal mines. The court also ruled that the EPA’s guidance on conductivity is not a final rule and therefore is not subject to legal challenge. Read the court’s decision here.

More on today’s decision and what it means for Appalachia.

The three-judge panel rejected a 2012 ruling that the EPA overstepped its authority by pursuing an enhanced permitting process for certain mountaintop removal proposals. Today’s ruling sends the lawsuit back to U.S. District Court.

A statement from Appalachian Voices Executive Director Tom Cormons:

“The court’s ruling today is as clear as the science indicting mountaintop removal coal mining, and it affirms what advocates working to end the destruction of Appalachian mountains and streams have been saying for years.

“Overwhelming evidence of the toll mountaintop removal takes on water quality, wildlife and human health continues to emerge. Still, mountaintop removal permits are being approved with disregard for the basic science behind EPA’s conductivity guidance. The ruling should be a signal to states and the EPA to begin truly following that science. And it’s common sense that the agency coordinate with the U.S. Army Corps of Engineers to make sure the science is applied throughout the permitting process.”

This month, yet another study pointing to the destructive impact mountaintop removal was released, adding to the body of science state and federal agencies should apply to the permitting process.

Learn more about Appalachian Voices’ work to end mountaintop removal.