Archive for March, 2009

NPR on Obama and mountaintop removal

Tuesday, March 31, 2009

finns.jpgMy friend Scott Finn over at West Virginia Public Broadcasting had a piece on NPR today about the ongoing angst over the Obama administration’s plans for dealing with the mountaintop removal issue. The piece noted continuing developments yesterday and today, concerning the Blair Mountain historic places designation and  Judge Goodwin’s ruling against the federal Army Corps of Engineers.

Scott observed:

The court’s decision comes as the Obama administration is promising change in federal policy on mountaintop removal mining. That has coalfield residents gearing up for a fight.

Environmentalists, miners and industry officials are all trying to figure out what the administration’s promised change will mean.

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Mountaintop removal: Back to Richmond?

Tuesday, March 31, 2009

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The Lewis F. Powell U.S. Courthouse, Richmond, Va.

The mountaintop removal fight might be headed back to Richmond, Va. — one way or the other.

First, coal industry officials seem likely to appeal today’s decision by U.S. District Judge Joseph R. Goodwin.  It will be most interesting to see what the Obama administration does — whether they appeal and, even if they don’t, what position the Justice Department takes in any industry appeal, given President Barack Obama’s stated opposition to this mining practice (see here and here).

Next, environmental group lawyers on Monday filed their formal request that the full 4th U.S. Circuit Court of Appeals reconsider a three-judge panel’s decision to overturn the previous mountaintop removal decision by U.S. District Judge Robert C. Chambers.

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Other coal news today …

Tuesday, March 31, 2009

While we in coal country are a little tied up trying to sort out the latest court ruling on mountaintop removal, there’s some other big news out there that’s important to the coalfields.

As The New York Times reports:

The debate on global warming and energy policy accelerated on Tuesday as two senior House Democrats unveiled a far-reaching bill to cap heat-trapping gases and move the country quickly from dependence on coal and oil.

But the bill leaves crucial questions unanswered and as of now has no Republican support. For those reasons, it marks the beginning, not the end, of debate in the current Congress on how to deal with two of President Obama’s top priorities, climate change and energy.

The draft measure, written by Representatives Henry A. Waxman of California and Edward J. Markey of Massachusetts, sets a slightly more ambitious goal for capping greenhouse gases than President Obama’s proposal, requiring a reduction in emissions of 20 percent by 2020 from 2005 levels. President Obama’s plan envisioned a 14 percent reduction by 2020. Both would reduce emissions of carbon dioxide, methane and other greenhouse gases linked to global warming by roughly 80 percent by 2050.

This legislation is certain to not be popular with the coal industry or with the United Mine Workers of America union.

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Friends of Coal license plate bill moving forward

Tuesday, March 31, 2009

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The good folks at Friends of Coal didn’t seem to be having much luck moving a bill in the West Virginia House of Delegates to create a special vanity license plate.

So, the industry front group has shifted its attention to the state Senate. As Gazette statehouse correspondent Phil Kabler reported this morning, Sen. Truman Chafin slipped the Friends of Coal language into another license plate bill that passed out of the Senate Finance Committee.

Chafin is a Democrat from Mingo County, which in West Virginia’s 4th largest coal-producing county, but also has more than 17 percent of its families living in poverty — almost twice the national average.

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Big news: Judge halts streamlined mining permits

Tuesday, March 31, 2009

This just in from the federal courthouse here in Charleston:

U.S. District Judge Joseph R. Goodwin today issued his long-awaiting ruling in That other mountaintop removal case.

I’m still reading … but we’ve got a quick breaking news item up on the Gazette’s Web site. And I’ll be making some calls in a bit to get reactions and try to get a better handle on what this means.

Meanwhile, the ruling is available online for free at the court’s website, here.

goodwin03.jpgBriefly: Judge Goodwin appears to have blocked the U.S. Army Corps of Engineers from authorizing further mountaintop removal permits through the Clean Water Act Section 404 “nationwide permits,” a streamlined process meant only for activities that would cause minimal environmental damage.

This differs from the issues in the ruling by U.S. District Judge Robert C. Chambers — overturned last month by the 4th Circuit Court of Appeals — because Judge Chambers was examining questions about the adequacy of the Corps’ review of “individual” permits under Section 404.

Much more to come on this development … I welcome your comments.

Breaking news: Blair Mtn. named to Historic Register

Monday, March 30, 2009

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Just in from Harvard Ayers at Appalachian State University:

The Keeper of the National Register of Historic Places has approved the long-sought nomination of Blair Mountain, site of the historic coal-mining labor battle in Logan County, W.Va., to the National Register.

We’ve got the story on the Gazette’s Web site,  and in our print edition tomorrow.

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Hello EPA? It’s Friends of Coal calling …

Monday, March 30, 2009

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We know the West Virginia Coal Association has a master plan for dealing with EPA’s current review of mountaintop removal permits.

And today, the industry front group Friends of Coal sent out an e-mail urging its members and supporters to contact EPA Administrator Lisa Jackson:

It has come to our attention that the U.S. Environmental Protection Agency is interested in hearing from supporters of mining, and mountaintop mining in particular, as to why it is important to you and its economic role in Appalachia’s economy.

It is highly important that you share your thoughts with EPA Director Lisa Jackson by emailing her at  Share|