Comments on: EPA’s Jackson: Mining guidelines coming soon

By: Friday roundup, March 19, 2010 « Coal Tattoo

Friday roundup, March 19, 2010 « Coal Tattoo — Fri, 19 Mar 2010 21:02:16 +0000

[...] it’s worth noting that the most recent words out of Lisa Jackson’s own mouth went farther, even if only a tiny [...]

By: Ken Ward Jr.

Ken Ward Jr. — Tue, 09 Mar 2010 15:01:50 +0000

Leon Wood,

Thanks for commenting, but your assertion is just simply not correct.

First, I believe you meant to refer to the Clean Water Act of 1972, not 1973.

Second, and more important, when it passed SMCRA, Congress specifically said that nothing in that law was intended to supercede, modify, amend or repeal a long list of other laws — including the Clean Water Act. That’s in 30 U.S.C. 1292, available online here http://codes.lp.findlaw.com/uscode/30/25/VII/1292

Third, the Clean Water Act requires coal companies to obtain NPDES permits and 404 permits, both of which give EPA a dog in this hunt.

Finally, water quality standards were not set by SMCRA. They are set by EPA and the states under the Clean Water Act and state water pollution laws.

Ken.

By: Monty

Monty — Tue, 09 Mar 2010 13:50:33 +0000

The EPA saying “soon” reminds me of when I was a kid and I’d ask my Mom when I would get something, like a toy, that I wanted a whole lot – “soon.” Or the ever popular car trip refrain, “Are we there yet?”

The US EPA needs to dust off a little item called NEPA, the National Environmental Policy Act, an oldie but goodie that forms the basic framework for ALL federal environmental policies and laws. I admit to going from memory here, but I believe one of NEPA’s core values is that protection of the environment must be weighted EQUALLY with all other considerations, such as economic development of a resource, when granting permits.

That has obviously not been done in West Virginia for the last 150 years, and anyone who says otherwise is seriously kidding themeselves. I find myself agreeing with Senator Byrd – West Virginia can jump on board the Engine of Change, or get run over by it in the next two to three decades.

By: Vernon

Vernon — Tue, 09 Mar 2010 02:41:04 +0000

Leon, nothing in SMCRA overrides the CWA; otherwise, there would be language that amends the CWA, which the coal industry and Corps of Engineers attorneys would most certainly have whipped out in federal court. And surface mining, or any mining, of a finite resource will only be your future for a limited time. In the case of coal, it’s maybe a couple of decades according to the USGS, and production will decrease by half in the next 10 years, with or without climate legislation or MTR limitations according to the info Ken has posted from Downstream Strategies. It’s time to realize the very real and increasingly urgent need to diversify both our economy and energy production and take real, not token, steps to get to a sustainable future for all our kids and grandkids.

By: eastwood78

eastwood78 — Tue, 09 Mar 2010 02:17:46 +0000

Mr. Woods, please show some facts that says surface coal mining is exempt from the 1973 Clean Water Act. I believe that EPA does have a dog in the fight. Thank you.

By: rhmooney3

rhmooney3 — Tue, 09 Mar 2010 02:16:21 +0000

Note that EPA reviews are not just on valley fills and/or MTR mines.

http://yosemite.epa.gov/opa/admpress.nsf/0/e0840ed4b665e5c7852576e00077c7d7?OpenDocument

By: Leon Wood

Leon Wood — Tue, 09 Mar 2010 01:27:34 +0000

SMCRA exempts mining from the 1973 Clean Water Act. Water standards were set in SMCRA. EPA has no dog in the fight. Surface coal mining our past, present and will continue to be our future.

By: Bill Howley

Bill Howley — Mon, 08 Mar 2010 23:35:16 +0000

I was struck by her use of “almost inevitably” with reference to valley fills. These fills are permitted. I think a better phrase would have been “deliberately fills streams.” This seems like a minor quibble, but as others have pointed out, words indicate frame of mind. It looks as though Secretary Jackson is still not willing to admit that valley fills have been deliberate federal government policy “for decades.”

By: EPA’s Jackson: Mining guidelines coming soon « Ohio Citizen Action

EPA’s Jackson: Mining guidelines coming soon « Ohio Citizen Action — Mon, 08 Mar 2010 23:11:36 +0000

[...] Read the whole story March 8th, 2010 | Tags: mountaintop removal | Category: Coal, Mountaintop Removal [...]

By: Ken Ward Jr.

Ken Ward Jr. — Mon, 08 Mar 2010 21:28:56 +0000

Roselle,

That’s exactly why I thought it was interesting to hear Administrator Jackson say that …. Ken.

By: Mike Roselle

Mike Roselle — Mon, 08 Mar 2010 21:18:02 +0000

Ken,

The Clean Water Act does not give the EPA authority to allow any degradation to water quality, so this shouldn’t be surprising. What is refreshing is now they seem to be rightly recognizing this as their primary responsibility under the law. And if they don’t follow up, there will certainly be more litigation.