By Brian Sewell
In both West Virginia and Kentucky this year, federal courts have ruled against groups that believe scientific research into the impacts of mountaintop removal coal mining on health should be considered by the agencies in charge of issuing permits.
In August, a federal judge for the Southern District of West Virginia sided with the U.S. Army Corps of Engineers and ruled that the agency did not act “arbitrarily” when it issued a permit for a 725-acre mountaintop removal mine in Boone County, W.Va., without considering health impacts. A coalition of environmental groups, including Ohio Valley Environmental Coalition and Coal River Mountain Watch, asserted that research the Corps called “ambiguous” in fact showed a strong link between mountaintop removal and health impacts, such as higher instances of birth defects, cancer and other diseases.
The judge claimed that too many of the studies environmental groups presented as evidence focused on health effects associated with coal in general and made no stated connection to mining discharges in streams below mountaintop removal sites.
The decision echoes a ruling six months ago in Kentucky in a case between the Corps and a coalition led by Earthjustice, Kentuckians for the Commonwealth and Appalachian Mountain Advocates over the 756-acre Stacy Branch mine. In that case, the Corps argued it was only responsible for considering the effects of dumping mining debris in streams — not the environmental or health impacts of the entire mining operation. That responsibility, the Corps contends, belongs to state agencies in charge of issuing mountaintop removal permits.
Currently, there is no clear agency tasked with studying or addressing the connection between mountaintop removal and health. Meanwhile, a bill that would place a moratorium on new permits until a federal study into the health impacts of mountaintop removal is completed sits stagnant in Congress.