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Sen. Rockefeller weights in on active lawsuit and on-going EPA regulatory process

by: Clem Guttata

Fri Sep 11, 2009 at 07:25:03 AM EDT


Posted by Clem Guttata

Coal Tattoo has more context. Gov. Manchin jumped in, too.

Here's Sen. Rockefeller's press release:

ROCKEFELLER FIGHTS FOR WEST VIRGINIA SURFACE MINING

Rockefeller challenges the EPA for requesting the Army Corps of Engineers to revoke a West Virginia surface mining permit

Washington, D.C.-Senator Jay Rockefeller pressed Environmental Protection Agency (EPA) Administrator Lisa Jackson on the EPA's request to suspend or revoke the already approved surface mining permit for the Spruce Number 1 Mine in Logan County.  Senator Rockefeller sent a copy of the letter to President Obama, including a personal note emphasizing its importance.

"Retroactively reviewing lawfully issued permits is an affront to the West Virginia coal industry which is trying to play by the rules. It is fundamentally unfair to change the rules for a permit issued over two years ago and this letter raises serious questions about the EPA's approach," said Senator Rockefeller.

In his letter to the EPA, Senator Rockefeller wrote:

"I am a long time supporter of surface mining operations when done in accordance with the law.  Surface mining is vital to the economy of southern West Virginia and our nation's electricity needs and it certainly can be carried out in a way that addresses environmental impacts.  We must not lose sight of the fact that coal meets half of our nation's electricity needs and powers millions of American homes and businesses and will for decades into the future.  For generations, coal has given the American people the highest standard of living in the world and today much of it comes from rigorously reviewed and safely-run operations in West Virginia.  Calling previously approved permits into question needlessly threatens not only the economic stability of many West Virginia communities, but also our nation's energy security."

Rockefeller's letter to Lisa Jackson can be found here.

Background:

   * The Spruce Number 1 Mine permit was reviewed by the Corps of Engineers for nearly ten years before being approved in January 2007, and has been active for over two years.

   * To satisfy initial EPA concerns, the final permit reduced the acreage of the permit by 835 acres or 27 percent and excess spoil by 150 million cubic yards, a 57 percent decrease.

   * EPA Region III sent a letter on September 3, 2009 to the Army Corps of Engineers, asking the Corps to reevaluate the Spruce 1 Mine permit.

   * The Spruce Mine Permit is not a pending application to be considered as part of the Memorandum of Understanding (MOU) that the Corps of Engineers entered into with the EPA (as well as the Department of Interior) in June 2009.

   * Reopening a permit over two years after it was lawfully issued creates an unacceptable level uncertainty for all previously issued permits, a result completely contrary to the goals of the MOU.

Clem Guttata :: Sen. Rockefeller weights in on active lawsuit and on-going EPA regulatory process
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Rockefeller is either extremely stupid or else he's lying. (0.00 / 0)
He originally came to WV as a VISTA worker. So how many former VISTA workers do his many offices employ today?

That disconnect became palpable years ago.

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I nearly puked when Rockefeller claimed

"Surface mining is vital to the economy of southern West Virginia and our nation's electricity needs and it certainly can be carried out in a way that addresses environmental impacts,"

I know Rockefeller's staff is reading this because I emailed it to them. I'm just wondering if any has the guts to post here their opinion whether he somehow "missed" or did he simply choose to ignore the peer-reviewed paper, "Mortality in Appalachian Coal Mining Regions: The Value of Statistical Life Lost," by Michael Hendryx of West Virginia University and Melissa Ahern of Washington State University?

HENDRYX: We did an analysis that showed that the areas in Appalachia where coal mining takes place actually have the weakest economic circumstances. They have the highest poverty levels, the highest unemployment levels, the lowest income levels. So we followed up that analysis by trying to come up with an estimate of both the cost and the benefits of mining for the Appalachian region and concluded that the costs outweigh the benefits by several factors.

While proponents of "surface mining" claim that it is the only way to extract the top 30-45 inches of coal, the reality is that surface mine operators regularly take a minimum of 600 to 800 vertical feet of an entire mountain with little or no intention whatsoever of restoring the natural contours, as required by law.

That ain't a "surface mine", Senator, its a quarry. And the only reason that the permanent toxic waste dumps in the form of sludge impoundments and slurry injection sites aren't on the Superfund list is because coal-fired politicians like yourself refuse to recognize that your constituents are dying because of them.  

In the case of valley fills, only the EPA is supposed to have ecosystem-wide responsibility through the Clean Water Act. But the agency's power is circumscribed because it shares authority with the U.S. Army Corps of Engineers, which actually grants the dumping permits.  And the U.S. Army Corps of Engineers has historically taken a much more sympathetic view of the practice.

Enforcement of those permits is another thing altogether. One company alone (Massey) violated its Clean Water Act permits more than 4,500 times between January 2000 and December 2006, and as a result was forced to pay a fine.

In honor of that environmental slap on the wrist, Senator, and on behalf of government regulators everywhere I offer you, sir, this toast of Mingo County Punch, compliments of one of America's most prominent CEOs.

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http://tinyurl.com/c6l5ex

Finally, if any other WVA BLUE readers know of a friend or relative who happens to have not come from the elite-class, yet is working full time for Senator Rocefeller, please email that rare critter and let them know that their down-home input would be appreciated below, particularly regarding their experiences working with struggling families all across our southern coalfields.


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