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Air Quality Arch_Coal_permit_overturned

Published on January 13th, 2011 | by Susan Kraemer

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Obama Administration Reverses Largest Appalachian Mountaintop Removal Permit in US History

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January 13th, 2011 by
 

In nearly four decades since the Clean Water Act was passed, the Environmental Protection Agency has never vetoed any mining permit retroactively. That changed this morning.

Word is just coming down via Coal Tattoo that the Obama administration EPA has just vetoed the largest single mountaintop removal permit in West Virginia history. The permit was initially awarded during the previous very fossil-friendly Bush administration, after a fractious decades-long court battle.

By retracting the Clean Water Air permit for Arch Coal’s 2,300-acre mine proposed for the Blair area of Logan County, West Virginia, the EPA is effectively suspending most major activity.

The decision comes after it reviewed more than 50,000 public comments and held a major public hearing in West Virginia, and is part of the Obama administration EPA crackdown on mountaintop removal.

EPA officials this morning were alerting West Virginia’s congressional delegation to their action, and undoubtedly preparing for a huge backlash from the mining industry and its friends among coalfield political leaders, including new “Democratic” Senator Joe Manchin, an EPA foe.

As the EPA faces a real battle this year with a new Tea Party House clutching the purse strings that control environmental decisions, and a more fossil-friendly Senate that could vote to reduce EPA power; it is a brave move – and the right one.

The EPA noted in its ruling that it has worked with companies to design mining operations that adequately protect our nation’s water, but that Arch Coal has refused to make any changes to its operations.

“EPA’s final determination on the Spruce Mine comes after discussions with the company spanning more than a year failed to produce an agreement that would lead to a significant decrease in impacts to the environment and Appalachian communities. The action prevents the mine from disposing the waste into streams unless the company identifies an alternative mining design that would avoid irreversible damage to water quality and meets the requirements of the law. Despite EPA’s willingness to consider alternatives, Mingo Logan did not offer any new proposed mining configurations in response to EPA’s Recommended Determination.”

The decision represents a huge win for Appalachian groups such as I Love Mountains which has been fighting an uphill battle for what should be a basic human right of drinkable water in the region.

Image: Ed McClanahan
Susan Kraemer@Twitter

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About the Author

writes at CleanTechnica, CSP-Today, PV-Insider , SmartGridUpdate, and GreenProphet. She has also been published at Ecoseed, NRDC OnEarth, MatterNetwork, Celsius, EnergyNow, and Scientific American. As a former serial entrepreneur in product design, Susan brings an innovator's perspective on inventing a carbon-constrained civilization: If necessity is the mother of invention, solving climate change is the mother of all necessities! As a lover of history and sci-fi, she enjoys chronicling the strange future we are creating in these interesting times.    Follow Susan on Twitter @dotcommodity.



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  • Rob Marshall

    Could we lobby to rename the area after Christina Green. I know it’s sappy but it’s a nice legacy and anyone coming along later lobbying for a new permit would have a tough time destroying an area named after little girl cut short, born on Sept 11th. I think she would like that. If you feel this suggestion inappropriate, please remove it.

    • http://wvoutpost.com WV Treehugger

      This is my state. I think it would be a great idea,but getting our Reps to back it would be very hard. They will fight till the death for this Coal company. If they don’t get this mountain they will take another one somewhere in our state. Unless Obama opens another can of whoopbutt on them. (I hope he takes them all out) :)

      I don’t think your comment was in anyway inappropriate,it was very thoughtful and kind. This sweet little “ANGEL” deserves all the memorials we can give her. I hope we never forget her I know this mommy wont.
      I will do this for ya. I will do a story on your suggestion and post it on my site. Just give me a few days,for a mommy this will be a hard one to do.
      God Bless.

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  • Frank Hanlan

    This is a great tribute to Judy Bonds who died on Jan. 4th, 2011. I bet that is cheering, laughing and dancing all at the same time.

  • http://wvoutpost.com WV Treehugger

    OK Susan, it is time you revealed your secrect as to how you post these stories so fast! :)

    When I got on my local news this morn,I read this story,I hurried to write my post for wvoutpost.

    Got it finished and clicked CT to see what you guys were up to and found this! ROFL. Its my editors fault he slept in! :)

    Coal tattoo is Don B’s twitter buddy,they follow each other? Cant figure that one out,but thats WV for ya,can’t trust any of them. Some say they are against coal but yet they go to the Christmas parties and events. My nefew is a mine owner I see it every year at our family parties. They hate me.

    He turned green when sent him our website. LOL.

    Anyway keep up the great work!

    • http://cleantechnica.com/author/susan Susan Kraemer

      Ha. You snooze, you… :-)

      • http://wvoutpost.com WV Treehugger

        Yep.:)
        OMG look how I spelled Nephew! Im going back to bed.

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