Coal industry sues EPA, Corps of Engineers over permit
crackdown
Jul 21 - McClatchy-Tribune Regional News - Ken Ward Jr. The Charleston
Gazette, W.Va.
Coal industry lawyers on Tuesday sued the U.S. Environmental Protection
Agency and the Army Corps of Engineers to try to slow down the Obama
administration's efforts to more strictly regulate mountaintop removal
mining.
The National Mining Association filed suit in federal court in
Washington, D.C., over EPA's more detailed review of mining permit
applications and a new set of recommended water quality guidelines for
surface coal mining in Appalachia.
In the 42-page complaint, the association alleges EPA's permit reviews
were an effort to "rob" other agencies of their regulatory role and
charges that EPA Administrator Lisa P. Jackson ignored requirements for
public involvement when she issued the new water pollution guidelines.
"NMA members' efforts to navigate this unlawful process and
obtain reasonable and predictable permit terms have been unsuccessful,
leaving us no choice but to challenge the EPA and Corps policy in
court," said NMA President Hal Quinn. "Detailed agency guidance is not a
valid substitute for lawful rulemaking based on public notice and
comment."
EPA spokesman Brendan Gilfillan said the agency is reviewing the coal
industry lawsuit.
"EPA's mining guidance is fully consistent with the law and the best
available science and will help ensure that Americans living in coal
country don't have to choose between a healthy environment for their
families and the jobs they need to support them," Gilfillan said in a
prepared statement.
While the coal industry favors mountaintop removal's efficiency, and
local political leaders praise the jobs provided, there is a growing
scientific consensus that the practice is causing widespread and
irreversible damage to the region's forests, water quality and
communities.
Shortly after taking office, the Obama administration announced it was
taking "unprecedented steps" to reduce the environmental impacts of
mountaintop removal.
EPA began much more rigorous reviews of valley fill permit applications
being considered by the Corps of Engineers and threatened to exercise
its Clean Water Act authority to block those permits if it believed the
impacts were too great.
In its suit, the mining association alleges this process "adds
significant additional time to the corps regulatory review" and is
"dramatically altering timelines" for companies to receive new mining
permits.
Industry lawyers also complain that, without public involvement, EPA
wrongly put into place a detailed tool that grades the potential impacts
of permits to help agency officials determine which mining permits need
more rigorous reviews.
This April, EPA also announced a new guidance for its regional offices
in reviewing water pollution permits for mining projects being
considered for issuance by state agencies like West Virginia's
Department of Environmental Protection. The new guidance calls for much
tougher review, and perhaps rejection of permits, based on the potential
to increase the electrical conductivity of streams, which is a stronger
measure of many harmful pollutants from mining and has been linked to
damage of aquatic life.
EPA made its guidance effective immediately on an interim basis, but is
also conducting an eight-month public comment period and subjecting the
scientific reports the guidance is based upon to peer review.
In its suit, the mining association said the guidance constitutes a
rulemaking that should have gone through a public comment before it was
put into effect.
The suit asks for a court order to block the more detailed EPA permit
reviews and the agency's conductivity guidance.
Reach Ken Ward Jr. at kward@wvgazette.com or 304-348-1702.
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