Two Major Decisions on Mountaintop Removal Coal Mining | WPN World People News

Today rulings were issued in both West Virginia and the U.S. District Court demonstrating the need for Environmental Protection Agency standards that are based on the overwhelming scientific consensus that pollution from mountaintop removal coal mining and coal waste disposal threatens Appalachian streams.

Polluted Cabin Creek in West Virginia. Peer-reviewed scientific reports have found that mountaintop removal mines create lasting, irreparable harm to streams and water quality.

Today the West Virginia Environmental Quality Board ruled that the state’s Clean Water Act permit for a mountaintop removal mine, Patriot Mining Company’s New Hill West mine, is unlawful because it does not limit harmful pollution that degrades water quality. Also today the U.S. District Court for the District of Columbia ruled in the coal industry case challenging a U.S. Environmental Protection Agency (EPA) guidance document meant to ensure compliance with the Clean Water Act and protect Appalachian communities from extreme mountaintop removal mining pollution. This court found that, to protect Appalachian streams from the harm caused by mining pollution, EPA should have issued a formal regulation instead of a guidance document. On these grounds, the court vacated the EPA’s conductivity guidance.

The West Virginia Environmental Quality Board decision demonstrates that the science is clear and stricter permits are necessary to protect Appalachian waterways from coal mining pollution, including very high levels of conductivity and total dissolved solids that harm aquatic life. The EPA relied on these same studies to support its final guidance, and although the federal court ruled against the guidance, nothing in its decision questioned the scientific consensus behind the guidance. The federal court ruling also does not affect the West Virginia Environmental Quality Board decision.

In July 2011, the EPA issued this final guidance following its own two extensive peer-reviewed scientific reports, as well as multiple independent peer-reviewed scientific reports, that all found that mountaintop removal mines create lasting, irreparable harm to streams and water quality. In light of these scientific reports, EPA issued the guidance to assist its staff in meeting longstanding and well established requirements of the Clean Water Act. This final guidance also came after the EPA’s consideration of 60,000 public comments.

Sierra Club and Appalachian Mountain Advocates won the case in front of the West Virginia Environmental Quality Board.

In the federal case, the Sierra Club, Coal River Mountain Watch (WV), Ohio Valley Environmental Coalition (WV), West Virginia Highlands Conservancy, Kentuckians For The Commonwealth, Southern Appalachian Mountain Stewards (VA), and Statewide Organizing for Community eMpowerment (TN)—represented by Earthjustice and the Appalachian Mountain Advocates—opposed this coal mining industry lawsuit as intervenors in support of EPA’s effort to follow the Clean Water Act, consider the latest science, and protect America’s waters from destruction.

Source: Earthjustice