SourceWatch needs your financial support to survive and thrive. If you've found this information on the people, organizations, and issues shaping the public agenda helpful, please make a tax-deductible donation now.

Mountaintop removal

From SourceWatch

Jump to: navigation, search


This article is part of the Coal Issues portal on SourceWatch, a project of CoalSwarm and the Center for Media and Democracy.

Mountaintop removal mining (MTR) is a form of surface mining increasingly being used to replace underground mining to extract coal from the Appalachian Mountain regions of eastern Kentucky, southwest West Virgina, southwest Virginia and eastern Tennessee[1]. The process involves using explosives to remove up to 1,000 vertical feet of rock to reach the coal seams. The resulting debris is often scraped into the adjacent valleys in what is called a valley fill. [2][3][4]

Because of the physically destructive nature of the practice, MTR is controversial and has received national and international media attention prompted by a groundswell of grassroots activism and resistance by local residents, environmentalists, social justice activists and others[5][6]. Controversy over the practice stems from the extreme topological, ecological and hydrological changes that the mining site and surrounding areas undergo, as well as from the storage of the toxic waste material generated from the mining and processing of the coal[7]; proponents of MTR point to its efficiency, its ability to provide jobs, and the resulting increase of flat land in a region where there is otherwise little available.

Contents

History

Sparked by the oil crises of the 1970s, increased demand for coal in the United States created incentives for a more economical form of coal mining than the traditional underground mining methods that required hundreds of workers, triggering the first widespread use of MTR. The prevalence of the mining method expanded further in the 1990s to retrieve relatively low-sulfur coal, a cleaner burning form, which became desirable as a result of amendments to the U.S. Clean Air Act that tightened emissions limits on high-sulfur coal processing.[8] With an increasing call for energy independence in the U.S., as well as a growing call for Coal-To-Liquids and "clean coal technologies", MTR has continued to expand into the 2000s.

Occurrence

MTR in the United States is most often associated with the extraction of coal in the Appalachian Mountains, where the EPA estimates that 2,200 square miles (5,700 km²) of Appalachian forests will be cleared for MTR sites by the year 2012.[9] It occurs most commonly in West Virginia and Eastern Kentucky, the top two coal producing states in Appalachia, with each state using approximately 1000 metric tons of explosives per day for the purposes of surface mining.[10] The technique is also being used increasingly in central Tennessee and southwest Virginia.[11] At current rates, MTR in the U.S. will mine over 1.4 million acres by 2010,[12], an amount of land area that exceeds that of the state of Delaware.

Process

Photo of mountaintop removal site near Kayford Mountain in West Virginia. Photo: Vivian Stockman (www.ohvec.org), Flight provided by Southwings (www.southwings.org)

Because no existing vegetation survives MTR, the targeted land is clear-cut and either sold for lumber or burned. Miners then use explosives to blast away the overburden, the rock and subsoil that lies above a coal seam, to expose the coal. The overburden is pushed into a nearby valley or hollow, creating a pile below called valley fill. A dragline excavator removes the coal, which is then transported to a processing plant and washed. Millions of gallons of waste from coal processing, called sludge or slurry, are often stored nearby in open pools held back by earthen dams. [8]

Because coal usually exists in multiple geologically stratified seams, miners can often repeat the blasting process to mine over a dozen seams on a single mountain, increasing the mine depth each time. This can result in vertical descension of hundreds of extra feet into the earth.[8]

Once coal removal is complete, mining operators routinely hydro-seed the stripped site with a quick growing, non-native and invasive legume called lespedeza.[13]

Economics

Just over half of the electricity generated in the United States is produced by coal-fired power plants. MTR accounted for less than 5% of U.S. coal production as of 2001.[12] In some regions, however, the percentage is higher, for example MTR provided 30% of the coal mined in West Virginia in 2006.[14]

Historically in the U.S. the prevalent method of coal acquisition was underground mining, a process that is very labor-intensive. Through the use of explosives and large machinery, MTR mining can extract more than two and a half times as much coal per worker per hour than in traditional underground mines [15], thus greatly reducing the number of workers needed. The industry lost approximately 10,000 jobs from 1990 to 1997, as MTR and other more mechanized mining methods became more widely used.[16] In addition, because MTR sites employ fewer miners per amount extracted, labor unions have less representation, and the United Mine Workers of America have charged that anti-union practices are often associated with MTR. They have also called for additional legal measures to protect communities from the degradation and destruction that results from nearby blasting.[17] The coal industry asserts that surface mining techniques such as mountaintop removal are safer for miners than sending miners underground.[18]

Proponents argue that in certain geologic areas, MTR and similar forms of surface mining allow easier access to coal than traditional underground mining, and that it is the most cost-effective method of extracting coal. However, the counties that host MTR are often the poorest in Appalachia. For example, in McDowell County, West Virginia, which produces the most coal in the state, over 37% of residents live below the poverty line.[19] In Kentucky, counties with coal mining have economies no better than adjoining counties where no mining occurs.[20]

Report claims coal's costs in premature deaths outweigh economic benefits

A study co-authored by a West Virginia University professor reports that coal mining in Appalachia costs five times more in premature deaths than the industry provides in jobs, taxes, and other economic benefits. According to the study, the coal industry creates about $8 billion per year in economic benefits for the Appalachian region, but even using conservative estimates, the cost of premature deaths attributable to coal mining is valued at approximately $42 billion. Michael Hendryx, along with co-author Melissa Ahern of Washington State University, recommends that politicians seek other means for improving the economy and quality of life of Appalachia, in such areas as renewable energy, sustainable timber, small-scale agriculture, and ecosystem restoration.[21]

The authors acknowledge that their study is not a complete cost-benefit analysis of the coal industry. Such a study, they suggest, would need to include reduced employment due to illness, reduced poverty values associated with coal mining, increased expenditures for public programs like Medicaid and food stamps, and the costs of natural resource destruction.[21]

Poll shows Amerians oppose mountaintop removal

The results of nationwide poll on mountaintop removal conducted in October 2008 showed that Americans oppose mountaintop removal coal mining by a wide margin. Researchers questioned 1,000 likely voters nationwide. Half the participants were asked if they supported or opposed mountaintop removal, without any additional information on the subject. 39 percent opposed mountaintop removal, versus 15 percent who supported it. 46 percent were undecided. The other half of partipants were given a short definition of mountaintop removal; of these voters, 61 percent opposed mountaintop removal, versus 16 percent who supported it. 23 percent were undecided. Other findings included:[22]

  • Opposition to mountaintop removal was highest in the Northeast, where 79 percent of people polled were against it. In the South, which included the biggest eastern coal states of Kentucky and West Virginia, opposition was 59 percent.
  • By a margin of more than 2 to 1, voters polled disagreed that environmental protections are bad for jobs and business. 47 percent believed environmental protections are good for the economy, versus 20 percent who believed such protections are bad for the economy.
  • Two-thirds of Americans are against the repeal of the stream buffer zone rule, which bans mining activities within 100 feet of streams.

Bank of America announces phase out of MTR financing

In December 2008, Bank of America announced that it would "phase out financing of companies whose predominant method of extracting coal is through mountain top removal. While we acknowledge that surface mining is economically efficient and creates jobs, it can be conducted in a way that minimizes environmental impacts in certain geographies."[23] Rainforest Action Network, which has pressed Bank of America to halt financing of mountaintop removal mining and coal-fired power plants, lauded the decision as a "giant leap forward...We hope that Citi, JP Morgan Chase, and other banks follow Bank of America's lead."[24]

Non-violent direct action against mountaintop removal

Earth First! and Mountain Justice Summer activists blockade a road leading to National Coal's mountaintop removal coal mine on Aug. 15, 2005.

Aug. 15, 2005: Earth First!/Mountain Justice Summer blockade of Campbell County mountaintop removal site

On August 15, 2005, Earth First! and Mountain Justice Summer activists blockaded a road leading to National Coal's mountaintop removal coal mine in Campbell County, Tennessee. Activists stopped a car on the road, removed its tires, locked themselves to the vehicle, and erected a tripod with a person perched on top of it. National Coal workers arrived and threatened the protestors; one tried to ram the tripod with his car. Eleven people were arrested; the police treated the arrested activists very roughly, endangering their safety.[25][26]

February 3, 2009: Coal River Mountain activists arrested

Five Coal River Mountain activists were arrested and charged with trespassing after locking themselves to a bulldozer and a backhoe at a Massey Energy mountaintop removal site. The activists planted a banner for the Coal River Wind Project in protest of the impending 6,600 acre mountaintop removal strip mine. Later in the day, eight more activists were arrested during a demonstration against Massey's preparations to blast the mountain. Environmentalists contend that the mountain is better developed for a wind energy project, and that the blasting could destabilize the world's largest toxic coal slurry impoundment.[27][28]

February 16, 2009: Two arrested for halting blasting at mountaintop removal site, Raleigh County, WV

On Monday, February 16 2009, two protesters were arrested for interfering with mountaintop removal blasting on the Massey Energy-owned Edwhite site near the Shumate sludge dam in Raleigh County, WV. The Shumate sludge dam holds back 2.8 billion gallons of toxic sludge, the waste by-product of chemically cleaning coal, and sits directly above the Marsh Fork elementary school. aerial map [29]

February 17, 2009: Hundreds rally for end to mountaintop removal, Frankfort, KY

Hundreds of activists from ILoveMountains and Kentuckians for the Commonwealth, as well as actress Ashley Judd, gathered outside the state capitol building to protest mountaintop removal mining and rally for proposed legislation that been stuck for several years in the House Natural Resources and Environment Committee. The bill, known as the Stream Saver Bill, is sponsored by Rep. Don Pasley, D-Winchester, and would prohibit mining operations from dumping refuse into adjacent streams. Coal interests in the legislature have thus far managed to keep the bill from getting a vote on the floor.[30][31]

March 5, 2009: Activists protest mountaintop removal, Pettus, WV

Five activists protested at a Massey Energy Edwight mountaintop removal site on Cherry Pond Mountain, unfurling a banner that read "Stop the blasting, Save the kids." The protesters were calling attention to the blasting taking place near a dam that holds 2.8 billion gallons of sludge and lies just a few hundred yards above the Marsh Fork Elementary School. All five were arrested.[32]

April 16, 2009: Activists arrested at Massey Energy mine in West Virginia

Five people were arrested when activists from Climate Ground Zero unfurled a 40-foot-tall banner that read, "EPA stop MTR" at Massey Energy's Edwight mountaintop removal mine. Massey recently starting blasting at the mine directly above the town of Naoma. Activists are concerned because the blasting is near a slurry dam, which poses a risk to the local Marsh Fork Elementary School.[33]

May 23, 2009: Police remove 11 activists from mountaintop removal protests in West Virginia

State police removed eleven activists from two civil disobedience actions in West Virginia. In one action, six people locked themselves to mining equipment at a Patriot Coal mine on Kayford Mountain. Another group raised a 20-by-60-foot banner at Massey Energy's Brushy Fork coal slurry impoundment near Pettus. The protesters are part of a coalition that includes Mountain Justice, Climate Ground Zero, and concerned citizens.[34] Two of the eleven activists arrested were released from custody by May 25. Mike Roselle, the director of Climate Ground Zero, said the group was raising money to pay bail for the others.[35]

June 18, 2009: Activists scale 20-story dragline at MTR site in Twilight, WV

Four protesters visited the Massey Energy Twilight mountaintop removal site in Boone County, WV, and climbed a 20-story strip mining machine called a dragline. The activists unfurled a 15 foot by 150 foot banner that read, "Just Stop Mountaintop Removal." The action launched a week of protests at West Virginia MTR sites, leading up to a special action on June 23 in the Coal River Valley area. The June 23rd action will include local coalfield residents, NASA climate scientist James Hansen, actress Daryl Hannah, former US Representative Ken Hechler, and many others.[36]

June 23, 2009: Dozens arrested protesting at Massey Energy site in Coal River Valley, WV

94-year-old former US Representative Ken Hechler, NASA climate scientist James Hansen, RAN director Michael Brune, actress Daryl Hannah, Goldman Prize Award winner Judy Bonds, and many other coal activists and local residents were arrested the Coal River action. The protesters crossed onto Massey Energy property to protest mountaintop removal and the destruction of mountains above the Coal River Valley community. Massey supporters were on scene and often behaved aggressively, shouting and ripping power cords out to silence the PA system. One Massey supporter assaulted Judy Bonds and attempted to assault another, and was arrested and charged with battery. The action launched a yearlong national campaign to end mountaintop removal mining.[37]

August 11, 2009: Activists lock down Department of Environmental Protection in Charleston, WV

Four protesters locked themselves to the entrance at the West Virginia DEP, displaying signs that read, "Closed Due to Incompetence" and "Department of Encouraging Pollution." The activists demanded that the EPA and Office of Surface Mining, Reclamation, and Enforcement take over of the agency's programs. They also called for Secretary Randy Huffman's resignation.[38]

August 25-31, 2009: Activists occupy trees to stop blasting in Coal River Valley, WV

Protesters from Climate Ground Zero and Mountain Justice occupied treetops at the edge of Massey Energy’s Edwight mountaintop removal site in Raleigh County, West Virginia. The activists unrolled banners reading "Stop Mountain Top Removal" and "DEP – Don’t Expect Protection." They were less than 30 feet from the mine and less than 300 feet from the blasting activity, which was forced to stop because of their close proximity.[39] The protest lasted six days, when the last activist finally descended and was arrested. A spokesman for Climate Ground Zero said sleep deprivation had been endangering the treesitters.[40]

October 23, 2009: Activists block coal trucks in West Virginia

Eight activists blocked a road at a Kanawha County, WV surface mine to protest mountaintop removal. The mine is owned by Ed Coal Co. The protesters were arrested and charged with trespassing, consipiracy, and obstructing an officer.[41]

October 30, 2009: Activists protest mountaintop removal at EPA offices throughout the U.S.

Activists from Mountain Justice, Rainforest Action Network, and other groups protested outside EPA's D.C. headquarters and outside other EPA offices throughout the country.[42] More than 50 people staged a sit-in and rally at EPA headquarters. More than two dozen events took place on the same day, including actions in Atlanta, Boston, Dallas, Kansas City, and San Francisco. The activists are calling for immediate action to stop mountaintop removal coal mining, particularly targeting the Massey Energy blasting site at West Virginia's Coal River Mountain.[43]

November 21, 2009: Protestors stop blasting on Coal River Mountain: Pettus, WV

Two activists locked themselves to a drill rig and two others unfurled a banner reading "Save Coal River Mountain" to protest Massey's blasting at the Bee Tree mountaintop removal site. Residents are concerned because the blasts are 200 feet from the Brushy Fork Impoundment, which is permitted to hold nine billion gallons of coal sludge. Massey Energy itself estimates that 998 people would die if the dam breaks. The activists said they plan to remain locked down until they are arrested.[44]

December 7, 2009: 300 activists protest mountaintop removal in Charleston, WV

300 activists rallied outside the West Virginia Department of Environmental Protection to demand a halt to the blasting at Coal River Mountain. Environmental attorney Robert F. Kennedy Jr. spoke the protest, calling mountaintop removal a crime and saying that the environmental and health impacts of burning coal make it neither a cheap nor clean source of energy. About 200 coal miners and Massey Energy representatives attended the rally to jeer and try to drown out the speakers.[45]

January 21, 2010: Tree-Sitters Shut Down Infamous Mountaintop Removal Operation in West Virginia

Three non-violent climate change activists associated with Climate Ground Zero, perched themselves on 60-foot high platforms to protest the Bee Strip Mine on Coal River Mountain. Reports indicate that the protesters halted the day's operations. The activists were David Aaron Smith, Amber Nitchman and Eric Blevins. According to Climate Ground Zero reports, the three scaled trees by the access road to Massey Energy's infamous mountaintop removal operation near the company's Brushy Fork Impoundment.[46]

Legislation in the United States

In the United States, MTR is allowed by section 515(c)(1) of the Surface Mining Control and Reclamation Act (SMCRA). Although some surface coal mining sites must be reclaimed to the land's pre-mining contour and use, regulatory agencies issue waivers using a loophole in SMCRA that allows MTR.[47] In such cases, SMCRA dictates that reclamation must create "a level plateau or a gently rolling contour with no highwalls remaining."[48]

On three occasions, federal judges in West Virginia and Kentucky have issued major rulings that would force the industry into compliance with federal law and effect their ability to mine coal using MTR. In each case the rulings from the lower courts have been overturned on appeal in the 4th U.S. Circuit Court of Appeals in Richmond, Va.[49]

On March 23, 2007, U.S District Judge Robert C. Chambers ruled that the Army Corps of Engineers had illegally issued four valley fill permits to Massey Energy Company by not "thoughtfully considering" the mountaintop removal mining's potential impacts, citing "alarming cumulative stream loss" and "dramatic environmental consequences". The 4 permits issued by the Corps would have permanently buried over 12 miles of streams and strip about 3,800 acres of hills and hollows.[50] The ruling is currently on appeal, scheduled to begin oral arguments on September 23, 2008. [51]

In May 2001, the Bush administration quickly enacted new regulations that defined "fill material" to include mining waste. The Clean Water Act had not explicitly defined industrial mining waste as "fill material" which left the coal industry vulnerable to citizens legally challenging the practice of MTR under the Clean Water Act.[52][9]

On May 4, 2007, the Clean Water Protection Act (H.R. 2169) was introduced in the U.S. House of Representatives and is currently co-sponsored by 141 representatives. H.R. 2169 reestablishes the original intent of the Clean Water Act by stating that the term 'fill material' means any pollutant which replaces portions of the waters of the United States with dry land or which changes the bottom elevation of a water body for any purpose and the term does not include any pollutant discharged into the water primarily to dispose of waste[53]. If passed, the bill would prevent mountaintop mining operations from using adjacent valleys and streams to dispose of the MTR mining waste overburden.

A federal judge has also ruled that using settling ponds to remove mining waste from streams violates the Clean Water Act. He also declared that the Army Corps of Engineers has no authority to issue permits allowing discharge of pollutants into such in-stream settling ponds, which are often built just below valley fills.[54]

Additionally, a September 2007 survey conducted by the Civil Society Institute found that 65% of Americans oppose the Bush Administration's proposal "to ease environmental regulations to permit wider use of 'mountaintop removal' coal mining in the U.S." The study also found that 74% of Americans are opposed to the expansion of MTR coal mining in general, and that 90% of Americans agree that more mining should be permitted only after the United States government has assessed its impacts on safety and the environment.[55]

In January 2008, the environmental advocacy group Center for Biological Diversity petitioned the United States Fish and Wildlife Service to end a policy that waives detailed federal Endangered Species Act reviews for new mining permits. The current policy states that MTR can never damage endangered species or their habitat as long as mining operators comply with federal surface mining law, despite the complexities of species and ecosystems. Since 1996, this policy has exempted many strip mines from being subject to permit-specific reviews of impact on individual endangered species.[56]

In June 2008, U.S. Senators Lamar Alexander and Energy and Natural Resources Chair Sen. Jeff Bingaman sent a letter to the Government Accountability Office requesting review of the Office of Surface Mining's (OSM) proposed revision to Stream Buffer Zone rules and the general impacts of MTR, citing fears that the practice was detrimental to both the landscape and citizens.[57]

On October 17, 2008, the Office of Surface Mining released its final Environmental Impact Statement on the modification to the Stream Buffer Zone rule. The new rule, expected to be finalized in November, will allow coal companies to legally dump massive waste piles called "valley fills" directly into streams, permanently burying them. More than 2000 miles of Appalachian streams have been buried or degraded by waste from mountaintop removal mining.[58]

Bush's Midnight Regulations

In December 2008, the Bush Administration was pushing through last-minute "midnight regulations," which will be difficult for the Obama team to reverse. Included in the new laws are a rule that will make it easier for coal companies to dump debris mountaintop removal mining into valleys and streams. Another midnight regulation will allow coal-fired power plants to increase their emissions without installing new anti-pollution equipment, while another will allow power companies to build coal plants closer to national parks. The Environmental Defense Fund described the moves as a "fire sale of epic size for coal."[59]

A loophole in US law allows the President to put last-minute regulations into the Code of Federal Regulations, giving them the same force as law. Reversing Bush's midnight rules could take months or even years. The Obama Administration will have open a period of public comment on each regulation, and corporations may go to court to prevent changes.[59]

Federal appeals court in Richmond, VA reverses limits on mountaintop removal

On February 13, 2009, a federal appeals court overturned a lower court ruling that limited mountaintop removal coal mining. Delivering a win for the coal industry, a panel of the U.S. Fourth Circuit Court of Appeals ruled 2-1 to reverse U.S. District Judge Robert Chambers' decision in March 2007 that the U.S. Army Corps of Engineers had violated the Clean Water Act by issuing permits to four mountaintop removal operations. The 2007 ruling mandated full consideration of the environmental effects of mountaintop removal and slowed the issuing of new permits.[60]

The case was first filed by the Ohio Valley Environmental Coalition, Coal River Mountain Watch, and the West Virginia Highlands Conservancy against Aracoma Coal Company (a subsidiary of Massey Energy) and four other companies, as well as the U.S. Army Corps of Engineers. Environmental groups responded that the appeals court decision will lead to the destruction of 90 more mountain peaks.[60]

Court finds Army Corps of Engineers violated Clean Water Act in MTR permitting case

On November 24, 2009, U.S. District Judge Chuck Chambers ruled that the U.S. Army Corps of Engineers violated federal environmental laws by issuing permits for two mountaintop removal coal mines in West Virginia without allowing sufficient public involvement. Chambers found that the Corps violated the Clean Water Act and National Environmental Policy Act when it issued permits for CONSOL Energy's Ike Fork mines and Penn Virginia's Nellis mine. Chambers ordered the Corps to rectify the problem with the permits, while also allowing "limited" mining to continue at the sites for 60 days. The case may have implications for other surface mines already permitted and in operation. According to Oliver Bernstein of the Sierra Club, "Most of the pending permits in West Virginia may need to go back through the public process."[61]

Obama administration EPA actions on mountaintop removal

March 2009: Obama EPA begins to crack down on mountaintop removal

On March 23, 2009, the Obama administration began making moves to block or stall mountaintop removal mining permits. The EPA issued letters meant to halt or slow two mining permits proposed by the federal Army Corps of Engineers in West Virginia and Kentucky. EPA Administrator Lisa Jackson made an official announcement on March 24, saying, "The two letters reflect EPA's considerable concern regarding the environmental impacts these projects would have on fragile habitats and streams. I have directed the agency to review other mining permits requests. EPA will use the best science and follow the letter of the law in ensuring we are protecting our environment."[62]

The decision to delay and review the two permits calls into question more than 100 pending valley fill permits in the Appalachian region.[63] In response to widespread industry dissent warning EPA not to block mining permits, as well as praise from environmentalists for the decision to deny permits, the organization issued the following clarification of its intentions:[64]

The Environmental Protection Agency is not halting, holding or placing a moratorium on any of the mining permit applications. Plain and simple. EPA has issued comments on two pending permit applications to the U.S. Army Corps of Engineers expressing serious concerns about the need to reduce the potential harmful impacts on water quality. EPA will take a close look at other permits that have been held back because of the 4th Circuit litigation. We fully anticipate that the bulk of these pending permit applications will not raise environmental concerns. In cases where a permit does raise environmental concerns, we will work expeditiously with the Army Corps of Engineers to determine how these concerns can be addressed. EPA’s submission of comments to the Corps on draft permits is a well-established procedure under the Clean Water Act to assure that environmental considerations are addressed in the permitting process.

April 2009: EPA challenges three MTR permits

In April 2009, EPA issued objections to three more mountaintop removal mining permits pending issue from the Army Corps of Engineers. The specific mines are Massey Energy's Republic No. 1 Surface Mine in Kanawha County, West Virginia; Frasure Creek Mining’s Spring Fork No. 2 Mine in Mingo County, West Virginia; and A&G Coal Corp.’s Ison Rock Ridge Surface Mine in Wise County, Virginia. According to the EPA letters, the three mining operations would bury about eight miles of streams.[65]

May 2009: Army Corps of Engineers suspends MTR permit for A&G Coal

On May 7, 2009, the U.S. Army Corps of Engineers suspended its approval of A&G Coal Corp.’s Ison Rock Ridge Surface Mine in Wise County, Virginia. The decision follows on the heels of a lawsuit filed by the Sierra Club and Southern Appalachian Mountain Stewards to block the permit. The Corps stated that the suspension provides officials "an opportunity to fully evaluate concerns" raised by EPA in April 2009.[66]

June 2009: Obama administration announces plans to toughen standards for MTR permits

On June 11, 2009, the Obama administration announced plans to toughen standards for mountaintop removal mining, rather than banning the practice entirely. Officials from EPA, the Army Corps of Engineers, the Interior Department, and the White House Council on Environmental Quality said they would order a more rigorous environmental and legal review of pending and future permit applications for MTR projects. The announcement did not clarify whether the new standards would result in more or fewer mining permits being approved, leaving both environmental and coal industry groups uncertain about whether to support the new policies.[67]

August 2009: Court rejects attempt to turn back Bush's midnight regulations on MTR

On August 12, 2009, U.S. District Judge Henry H. Kennedy, Jr. denied an effort by Obama's Interior Department to overturn a last-minute rule change by the Bush administration. Interior Secretary Ken Salazar had filed a motion to toss out a Bush regulation that made it easier for coal mining companies to dump debris into valley streams. Salazar's motion was opposed by the National Mining Assocation. In his decision, Judge Kennedy said that Salazar erred in trying to "repeal a rule without public notice and comment, without judicial consideration of the merits."[68] A spokesperson for the Interior said the department is examining the court's decision and is "determined to improve mining practices."[69]

September 2009: Obama administration seeks to block West Virginia MTR permit

On September 3, 2009, the EPA issued a letter to the Army Corps of Engineers calling out problems with a permit issued for a strip-mining project in Logan County, West Virginia, the largest such permit ever issued in the state. EPA found that the mine would violate the Clean Water Act, having the "potential to degrade downstream water quality, and to cause or contribute to potential excursions of West Virginia’s narrative water quality standards." EPA has asked the Corps of Engineers to suspend, revoke, or modify the permit. In response, the Corps is seeking a 30-day stay in legal proceedings over the permit, so that its experts can re-examine the project.[70] The full EPA letter is available here.

September 2009: EPA holds 79 MTR permits for review

The EPA identified 79 mountaintop removal permits issued by the Army Corps of Engineers in Kentucky, Ohio, Tennessee, and West Virginia that it said would likely affect water quality. The agency put the permits on hold to allow for further study to ensure the projects will not violate the Clean Water Act. Mary Anne Hitt of the Sierra Club described the move as "a sea change in enforcement" over the Bush administration, during which the EPA did not oppose a single permit.[71][72]

October 2009: EPA to revoke permit for West Virginia surface mine

On October 16, 2009, the EPA announced that it planned to use its authority to revoke the permit for Mingo Logan Coal's Spruce No. 1 mine, which is owned by Arch Coal. The agency said it was acting on its authority for the first time since the Clean Water Act was enacted in 1972. The project at issue would be the largest authorized mountaintop removal operation in Appalachia. In a letter to the Army Corps of Engineers, EPA Regional Administrator William Early said the action "reflects the magnitude and scale of anticipated direct, indirect, and cumulative adverse environmental impacts associated with this mountaintop removal mining operation."[73]

Memo detailing West Virginia Coal Association's action items

On March 27, 2009, a memo from Chris Hamilton, Vice President of the West Virginia Coal Association, to the members of the Mountaintop Mining Coalition, became public. The memo detailed efforts underway to counteract EPA's apparent movements against mountaintop removal mining permits. "Action items" included:[74]

  • arranging an urgent meeting with the Council on Environmental Quality and EPA.
  • a multi-state congressional briefing on May 5-7 in Washington, DC, with mine visits in Kentucky, Virginia and West Virginia scheduled on May 20-21.
  • a media campaign, including a Powerpoint presentation, white paper, blog, brochure, website, and video promoting mountaintop removal mining.
  • support for Governor Manchin's SB 375, which, among other things, makes it easier for the coal industry to get around tough reclamation requirements for mountaintop removal sites.
  • support for SB 461, which grants a three-plus-year extension to the coal industry to meet water quality limits for toxic selenium discharges into waters supporting aquatic life.

The entire memo is available here.

Appalachia Restoration Act introduced in U.S. Senate

On March 25, 2009, U.S. Senators Benjamin L. Cardin (D-MD) and Lamar Alexander (R-TN) introduced Bill 696, also termed the Appalachia Restoration Act. The legislation would amend the Clean Water Act to ban the dumping of mining waste into streams, which in turn would effectively end the use of mountaintop mining. "My goal is to put a stop to one of the most destructive mining practices that has already destroyed some of America’s most beautiful and ecologically significant regions," said Senator Cardin, who is Chairman of the Water and Wildlife Subcommittee of the Committee on Environment and Public Works.[75]

State Legislative Action

Kentucky - In 2005 Kentucky became the first state in the nation to propose a bill that would end the dumping of coal mining waste into headwater streams and valleys, a procedure used in mountaintop removal mining to dispose of the large amount of rock and materials removed to expose seams of coal.[76] The bill, known as the Stream Saver Bill, has been introduced in the House and assigned to the Natural Resources and Environment committee three times but has not been allowed a hearing by the chairman of the committee, Rep Jim Gooch.[77]

North Carolina - On May 27 2008 North Carolina State Representative Pricey Harrison introduced House Bill H2709 into the North Carolina General Assembly. The bill seeks to outlaw the use of coal extracted from mountaintop removal mines from being burned in North Carolina coal fired power plants.[78]

Tennessee - In January 2008, State Senator Raymond Finney introduced a bill (SB3822/HB3348), called the Tennessee Scenic Vistas Protection Act, that would effectively end the practice of mountaintop removal coal mining in the state of Tennessee.[79]

A major provision in the legislation would ban all surface coal operations or the resulting waste within 100 feet of any stream or river unless the operation was to improve the quality of the a stream previously destroyed by mining. This would end the current practice of dumping the mining waste directly into the streams and valleys.[80] The bill also banned all surface mining above 2000 feet in elevation.[81]

In April 2008, as a final act before recessing for the year, the House Environment Subcommittee voted against allowing the bill to move forward by a vote of 3-5.[82]

West Virginia - On February 6, 2008, West Virginia State Senator Jon Hunter introduced a bill that would end the the practice of valley fills. In a press release Senator Hunter said, "I introduced Senate Bill 588 because I fervently believe that God did not intend for us to destroy the mountains, the streams, the forests and His people in order to mine coal."[83]

The bill is currently stalled in the Senate Energy and Mining Committee.[84]

Criticism

Critics contend that MTR is a destructive and unsustainable practice that benefits a small number of corporations at the expense of local communities and the environment. Opponents to the practice have also criticized MTR for the damage done to the environment by massive transport trucks, loss of potable drinking water[85], increased risk of flooding [86] , health effects of breathing coal and blasting dust and drinking water tainted by coal slurry [87] [88] , and the environmental damage done by the burning of coal for power[89].

Advocates of MTR argue that if the areas are reclaimed as mandated by law, the area provides flat land suitable for many uses in a region where flat land is at a premium. They also maintain that the new growth on reclaimed mountaintop-mined areas is better suited to support populations of game animals.[90]

Blasting at MTR sites also expels coal dust and fly-rock into the air, which can disturb or settle onto private property nearby. This dust contains sulfur compounds, which corrodes structures and is a health hazard. [91]

In 2007, a feature documentary titled "Mountain Top Removal" was completed by Haw River Films. The film features Mountain Justice Summer activists, coal field residents, and coal industry officials. Included in the film are US President George W. Bush and West Virginia Governor Joe Manchin, among others. The acclaimed film received the Reel Current Award at the 2008 Nashville Film Festival, which was awarded by former vice-president Al Gore.[92]

A book titled Coal River by Michael Shnayerson, released in January 2008, accuses the industry of circumventing public hearings by dividing large MTR projects into smaller sections. Under the practice, mining officials can utilize a legal loophole and obtain permits (Nationwide Permit 21) that undergo a more relaxed review than those required for large projects.[93] Since Nationwide Permit 21 is intended for small projects that "cause minimal adverse environmental effects," citizens typically only discover the large-scale mining after mountaintop removal has already begun. The Clean Water Act prohibits this practice, but the Army Corps of Engineers has continued to allow it.[94] The Corps has said that its allowance of the procedure "strengthens protections for mining related permits."

Biodiversity

An EPA environmental impact statement finds that streams near valley fills from mountaintop removal contain high levels of minerals in the water and decreased aquatic biodiversity.[3] The statement also estimates that 724 miles (1,165 km) of Appalachian streams were buried by valley fills between 1985 to 2001.[3]


Photo of a reclaimed mountaintop removal site, Boone County, West Virginia. Photo: Vivian Stockman (www.ohvec.org)

Although U.S. mountaintop removal sites by law must be reclaimed after mining is complete, reclamation has traditionally focused on stabilizing rock formations and controlling for erosion rather than on reforestation of the affected area. [95] Fast-growing, non-native grasses, planted to quickly provide vegetation on a site, compete with tree seedlings, and trees have difficulty establishing root systems in compacted backfill.[3] Consequently, biodiversity suffers in a region of the United States with numerous endemic species.[96] Erosion also increases, which can intensify flooding. In the Eastern United States, the Appalachian Regional Reforestation Initiative works to promote the use of trees in mining reclamation.[97]

Mountaintop removal mining practices are also a threat to endangered species. According to the Endangered Species Act, the U.S. Fish and Wildlife Service must conduct a formal review of any federally-authorized action that could potentially harm endangered or threatened species. However, coal mining projects are not subject to this review process. Mining companies instead must follow the environmental provisions of the Surface Mining Law, which requires more informal consultations with biologists to determine ways to minimize the potential impacts to species. Environmentalists argue that without a formal review process, there is no way to ensure compliance with the Endangered Species Act. In 2008, the Southern Environmental Law Center sued on behalf of the National Parks Conservation Association over the lack of Endangered Species Act enforcement. The complaint is currently under review by the Office of Surface Mining and Reclamation.[98]

Sludge ponds

Marsh Fork Elementary (bottom center of photo) sits directly below a 2.8 billion gallon toxic slurry impoundment and 150 feet from a coal processing plant. Directly above the slurry impoundment is an active mountaintop removal site. Raleigh County, West Virginia. Photo: Giles Ashford / Flight provided by: Southwings (www.southwings.org).

As with other methods of coal mining, processing of the coal mined generates waste slurry (or coal sludge), which is usually stored in large sludge ponds impounded by an on-site dam. Many coal slurry impoundments in West Virginia exceed 500 million gallons in volume, but can be larger than 7 billion gallons.[99] Such impoundments can be hundreds of feet high and sometimes have close proximity to schools or private residences.[100]

The most controversial sludge dam at present sits 400 yards (400 m) above Marsh Fork Elementary School. In May 2005, 16 people were arrested at Governor Manchin's office for protesting the his refusal to fund the relocation of the school. The leaking sludge pond is permitted to hold 2.8 billion gallons of coal sludge and is 21 times larger than the pond that killed 125 people in the Buffalo Creek Flood in 1972. [101]

Kentucky's Martin County Sludge Spill occurred in October 2000, when a coal sludge impoundment broke through into an underground mine below, propelling 306 million gallons of sludge down two tributaries of the Tug Fork River. The spill polluted hundreds of miles of waterways, contaminated the water supply for over 27,000 residents, and killed all aquatic life in Coldwater Fork and Wolf Creek.

Resources

References

  1. ↑ Mountaintop removal: Moving the mountains -- strip mining by any other name Roanoke Times, July 2, 2006
  2. ↑ "Appeals Court Upholds Mountaintop Removal Mining", Environment News Service, Februrary 3, 2003.
  3. ↑ 3.0 3.1 3.2 3.3 Mountaintop Mining/Valley Fills in Appalachia: Final Programmatic Environmental Impact Statement, U.S. Environmental Protection Agency, accessed March 2008.
  4. ↑ Mountaintop Mining and Valley Fills in Appalachia (MTM/VF) - Programmatic Environmental Impact Statement, U.S. EPA, accessed March 2008.
  5. ↑ An analysis of news coverage of mountaintop removal mining, INSTITUTE FOR RURAL JOURNALISM & COMMUNITY ISSUES, April 20, 2006
  6. ↑ Julia Bonds, 2003 The Goldman Environmental Prize Winner
  7. ↑ What is a Coal Sludge Impoundment?, accessed May 4, 2008
  8. ↑ 8.0 8.1 8.2 Shirley Stewart Burns, Bringing Down the Mountains: the Impact of Mountaintop Removal Surface Coal Mining on Southern West Virginia Communities, 1970-2004, Ph.D. dissertation, West Virginia University, 2005. (Pdf)
  9. ↑ 9.0 9.1 "Mining battle marked by peaks and valleys", USA Today, April 18, 2007.
  10. ↑ Report on consumption of explosives, U.S. Geological Survey, accessed March 2008. (Pdf)
  11. ↑ Where Coal from Mountaintop Removal Is Used, Appalachian Voices, accessed March 2008.
  12. ↑ 12.0 12.1 Frequently Asked Questions about Mountaintop Removal, ILoveMountains.org, accessed March 2008.
  13. ↑ Moving Mountains Earth Island Journal, Autumn 2007
  14. ↑ J. O. Britton et al., West Virginia, Mining Engineering, May 2007, p.125.
  15. ↑ Most Requested Statistics - U.S. Coal Industry, National Mining Association, accessed March 2008. (Pdf)
  16. ↑ "An Odd Partnership: UMW, Coal Association arm in arm", "Charleston Gazette, accessed March 2008.
  17. ↑ Statement of United Mine Workers of America on Mountaintop Removal, Charleston Daily Mail, July 24, 2003.
  18. ↑ "Taking On a Coal Mining Practice as a Matter of Faith", New York Times, October 28, 2006.
  19. ↑ What Are the Economic Consequences of Mountaintop Removal in Appalachia?, Appalachian Voices, accessed March 2008.
  20. ↑ Economic Impact of Mountaintop Removal on Coal Mining Communities, Wind Publications, accessed March 2008.
  21. ↑ 21.0 21.1 Ken Ward Jr, "Coal's costs outweigh benefits, WVU study finds," Charleston Gazette, June 20, 2009.
  22. ↑ "Americans oppose mountaintop removal, according to poll," The Charleston Gazette, October 23, 2008.
  23. ↑ Bank of America Coal Policy, Bank of America, accessed December 2008.
  24. ↑ "Bank of America Decision to Stop Funding Mountaintop Removal a Victory for Appalachia and Anti-Coal Movement," Rainforest Action Network, December 3, 2008.
  25. ↑ Eleven Arrested Protesting ET Coal Mine, WBIR website, August 15, 2005.
  26. ↑ Tennessee Coal Road Blocked to Protest Mountaintop Removal Mining, Mines & Communities website, August 15, 2005.
  27. ↑ "Coal River Mountain can't wait," Grist, February 3, 2009.
  28. ↑ "Fourteen Arrested Defending Coal River Mountain," Power Past Coal, February 3, 2009.
  29. ↑ "Blasting at Clays Branch" Climate Ground Zero press release, February 16, 2009.
  30. ↑ "Hundreds, including Ashley Judd, rally against mountaintop removal," News and Tribune, February 17, 2009.
  31. ↑ "Hundreds call for end to mining damage," Courier-Journal, February 18, 2009.
  32. ↑ "Operation Appalachian Spring: Sit-in Coal Campaign Blooms," Power Past Coal, March 5, 2009.
  33. ↑ "Activists hang “EPA stop MTR” banner on Massey mine, arrested," Climate Ground Zero, April 16, 2009.
  34. ↑ "Removal Coal Mining; More Protestors Expected This Afternoon," Press Release, May 23, 2009.
  35. ↑ "Group raising money for bail for coal protesters," Associated Press, May 26, 2009.
  36. ↑ Jeff Biggers, "Daring Dragline Protest Launches 7 Days That Will Shake Mountaintop Removal Operations," Common Dreams, June 18, 2009.
  37. ↑ Jeff Biggers, "Nonviolent Goldman Prize Winner Attacked by Massey Supporter: 94-Year-Old Hechler, Hannah, Hansen Arrested at Coal River," Huffington Post, June 23, 2009.
  38. ↑ "4 Lockdown at WV Dept. of Environmental (No)Protection," It's Getting Hot In Here, August 11, 2009.
  39. ↑ "Treesit stopping blasts above Pettry Bottom, Coal River Valley," Climate Ground Zero, August 25, 2009.
  40. ↑ "Tree-sitting protest of mountaintop removal ends in W.Va. after 6 days; activists arrested," Taragana blog, August 31, 2009.
  41. ↑ Ry Rivard, "Coal truck protesters hail from all over the place," Charleston Daily Mail, October 23, 2009.
  42. ↑ Suzanne Bopp, "Mountaintop Removal Protests at EPA Offices in D.C. and Several States," U.S. Climate Action Network, October 30, 2009.
  43. ↑ "DC Mountaintop Removal Protest Heats Up," The Understory, October 30, 2009.
  44. ↑ "Responding to Harmful Government Inaction, Protestors Stop Blasting on Coal River Mountain," Climate Ground Zero, November 21, 2009.
  45. ↑ "Kennedy calls mountaintop removal mining in W.Va. a crime against people, nature," Associated Press, December 7, 2009.
  46. ↑ Jeff Biggers, "Tree-Sitters Shut Down Infamous Mountaintop Removal Operation; TVA Cops Strike Again," Commondreams.org, January, 21 2010.
  47. ↑ Mountaintop Removal/Valley Fill, U.S. Environmental Protection Agency, October 2005. (Pdf)
  48. ↑ Public Law 95-87 Surface Mining Control and Reclamation Act of 1977, Office of Surface Mining, accessed March 2008.
  49. ↑ "Mountaintop removal mining appeal scheduled for Sept. 23", Charleston Gazette, June 30, 2008.
  50. ↑ "4 mining permits blocked", Charleston Gazette, March 24, 2007.
  51. ↑ "Mountaintop removal mining appeal scheduled for Sept. 23", Charleston Gazette, June 30, 2008.
  52. ↑ Appeals Court Upholds Mountaintop Removal Mining, Environment News Service, February 3, 2003.
  53. ↑ H.R. 2169: Clean Water Protection Act GovTrack.us website accessed 6/30/08
  54. ↑ "Judge rules against mountaintop mining", MSNBC News, June 14, 2007.
  55. ↑ Survey: 65 Percent of Americans Oppose Mountaintop Removal, Environmental News Network, September 13, 2007.
  56. ↑ "Mining impact on species review sought", Charleston Gazette, January 16, 2008.
  57. ↑ Letter to the Government Accountability Office, Sen. Bingaman/Sen. Alexander, June 20, 2008
  58. ↑ Mines to Get Freer Hand to Dump Waste, Washington Post, October 17, 2008
  59. ↑ 59.0 59.1 "Bush sneaks through host of laws to undermine Obama," The Guardian, December 14, 2008.
  60. ↑ 60.0 60.1 "Appeals Court Reverses Limits on Mountaintop Removal Coal Mining," Environmental News Service, February 17, 2009.
  61. ↑ Jim Thuber, "Judge sides with environmental groups in coal case," Associated Press, November 25, 2009.
  62. ↑ Ken Ward Jr., "Obama EPA starts crackdown on mountaintop removal," Charleston Gazette, March 24, 2009.
  63. ↑ Matt Wasson, "Coal Industry Reacts to EPA Crackdown on Mountaintop Removal Mining with Lies about Job Losses," AlterNet, March 30, 2009.
  64. ↑ "Mountaintop removal moratorium — NOT!," Charleston Gazette, March 24, 2009.
  65. ↑ Ken Ward, Jr., "EPA objects to more mountaintop removal permits," Charleston Gazette, April 8, 2009.
  66. ↑ Ken Ward Jr., "Mountaintop removal: Corps suspends Va. mining permit," Charleston Gazette, May 7, 2009.
  67. ↑ John M. Broder, "Departments to Toughen Standards for Mining ," New York Times, June 11, 2009.
  68. ↑ Ken Ward Jr., "Breaking news: Court rejects Obama MTR rule change," Charleston Gazette, August 12, 2009.
  69. ↑ "U.S. court blocks plan to curb mountaintop mining," Reuters, August 12, 2009.
  70. ↑ Ken Ward Jr., "Obama seeks to block record mountaintop removal permit," Charleston Gazette, September 8, 2009.
  71. ↑ "EPA Reviews 79 Mountaintop Removal Coal Permits," Bloomberg, September 11, 2009.
  72. ↑ "E.P.A. Will Review 79 Coal Mining Applications," Associated Press, September 11, 2009.
  73. ↑ John Raby, "EPA plans to veto surface mining permit in W.Va.," Associated Press, October 17, 2009.
  74. ↑ "Intercepted: W.Va. coal’s master plan," Charleston Gazette, March 27, 2009.
  75. ↑ "Meet the Appalachian Restoration Act!," Alliance for Appalachia, March 26, 2009.
  76. ↑ The [Stream Saver Bill - House Bill 164, KFTC website, accessed July 10, 2008
  77. ↑ Stream saver bill stuck in Gooch's committee - again, Ashland Daily Independent, February 24, 2008
  78. ↑ HOUSE BILL 2709 - FIRST EDITION, GENERAL ASSEMBLY OF NORTH CAROLINA, MAY 28, 2008
  79. ↑ Summary for Bill SB3822/HB3348,Tennessee State Legislature website, accessed 7/17/2008
  80. ↑ Administration Moves to Clear Way for Dumping, Mountaintop Mining, OMB Watch, 4/29/2002
  81. ↑ SB3822, Tennessee General Assembly website, accessed 7/17/2008
  82. ↑ Legislators kill bill to stop mountain-top removal coal mining, Knoxville News Sentinel, April 2, 2008
  83. ↑ Bill to ban valley fills introduced, Herald-Dispatch, February 7, 2008
  84. ↑ West Virginia Legislature website, accessed 8/1/2008.
  85. ↑ Coal Industry and State Ignore Mingo County's Black Tap Water, Lowbagger.org, February 22, 2007
  86. ↑ Flood lawsuits back before justices, Charleston Gazette, April 17, 2008
  87. ↑ WVU study finds high illness, death rates in coalfields, Charleston Gazette, April 17, 2008
  88. ↑ Environment polluted by blasting process Bluefield Daily Telegraph, March 18, 2008
  89. ↑ Latest Duke coal plant challenge targets Appalachian mountaintop removal, The Institute for Southern Studies, March 19, 2008
  90. ↑ J.S. Gardner and P. Sainato, Mountaintop mining and sustainable development in Appalachia, Mining Engineering, March 2007, p.48-55.
  91. ↑ "Blast Rites", Grist, August 3, 2006.
  92. ↑ Micheal O'Connell's film, Mountain Top Removal wins Nashville film festival's Reel Current Award, Mountain Justice Summer, accessed May 2, 2008
  93. ↑ Wetland Safeguards Eroded by New Nationwide Permits, Environmental News Service, January 15, 2002.
  94. ↑ "'Coal River' cries a river over the devastation from mining", Sign On San Diego, February 3, 2008.
  95. ↑ Appalachian Regional Reforestation Initiative Forest Reclamation Advisory, Office of Surface Mining and Reclamation, December 2005. (Pdf)]
  96. ↑ Biology: Plants, Animals, & Habitats - We live in a hot spot of biodiversity, Apalachicola Region Resources on the Web (ARROW), accessed March 2008.
  97. ↑ Appalachian Regional Reforestation Initiative, Office of Surface Mining, accessed March 2008.
  98. ↑ Patrick Reis, "Are Endangered Species Being Sacrificed for Coal in Appalachia?", Scientific American, August 10, 2009.
  99. ↑ Tearing Up Appalachia, Sierra Club, accessed March 2008.
  100. ↑ Marsh Fork Elementary, Massey Energy's Shumate Coal Sludge Impoundment and Goals Coal Prep Plant, Sludge Safety Project, accessed March 2008.
  101. ↑ Buffalo Creek, West Virginia Division of Culture and History, accessed March 2008.

Related SourceWatch articles

External links

Wikipedia also has an article on Mountaintop removal. This article may use content from the Wikipedia article under the terms of the GFDL.

Retrieved from "http://www.sourcewatch.org/index.php?title=Mountaintop_removal"
Personal tools

Be a SourceWatcher!

Enter your e-mail address to get the Center for Media and Democracy's free weekly e-newsletter.