Breaking: EPA Temporarily Holds 79 Mountaintop Removal Permits

Written by Scott Parkin

Topics: Climate

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Some long awaited good news this morning.

EPA says that 79 MTR valley fill permits are being temporarily held for further review due to violations of the Clean Water Act.

That’s 91% of the 86 permits held (not all 86 are MTR permits.) This stay of execution is a step in the right direction, but mountaintop removal still exists and there are lots of active mine sites. Now we need to work on the existing permits, the remaining pending permits and the ugly disgusting practice itself. This is the time for some good ole fashioned lefty street organizing on this issue, in and outside of Appalachia.


In West Virginia today, 3 Climate Ground Zero activists who took non-violent direct action at the front entrance of Massey’s headquarters are still jailed with large bail. Activists are mobilizing for anti-MTR actions on the ground in Pittsburgh at the G20.

This is not going to be a quick easy win and King Coal has long tentacles into the White House and the EPA. Watch for their backlash.

EPA Releases Preliminary Results for Surface Coal Mining Permit Reviews

WASHINGTON –The U.S. Environmental Protection Agency announced today that it has identified 79 proposed surface coal-mining projects in Appalachian states for further, detailed reviews of their pending permits. The extended reviews will be carried out under an enhanced coordination process between EPA and the Army Corps of Engineers developed under an interagency Memorandum of Understanding (MOU) on surface coal mining facilitated by the Council on Environmental Quality and signed by the EPA, the Corps, and the Department of Interior. The Corps and EPA will work together during this review process to ensure compliance with the Clean Water Act and the protection of this nation’s public health and environment.

“The administration pledged earlier this year to improve review of mining projects that risked harming water quality. Release of this preliminary list is the first step in a process to assure that the environmental concerns raised by the 79 permit applications are addressed and that permits issued are protective of water quality and affected ecosystems,” said EPA Administrator Lisa P. Jackson. “We look forward to working closely with the Army Corps of Engineers, with the involvement of the mining companies, to achieve a resolution of EPA’s concerns that avoids harmful environmental impacts and meets our energy and economic needs.”

In the next 15 days, EPA will be further evaluating the preliminary list of projects slated for further review and transmit a final list to the Corps. After that, issues of concern regarding particular permit applications will be addressed during a 60-day review process triggered when the Corps informs EPA that a particular permit is ready for discussion.

“This administration made a commitment to be more collaborative, transparent, and efficient in how it executes its responsibilities. The enhanced coordination procedures in the MOU provide a path forward and certainty regarding how the projects will move through the process,” said Jo-Ellen Darcy, Assistant Secretary of the Army for Civil Works. “I am confident that this collaborative effort will strengthen our environmental reviews while allowing sustainable economic development to proceed.”

The enhanced coordination process, announced in June 2009, was created to strengthen the environmental review of pending mining applications and to address the backlog of permit decisions that occurred as a result of various challenges, including litigation. This process is one element of the Obama Administration’s commitment to improve the environmental review of permits for surface coal mining projects in Appalachia and look for ways to reduce adverse environmental impacts. The process will also allow for greater public participation and transparency. Since June, 29 projects have been removed from the list for various reasons, including circumstances where permit applicants have requested that their applications be withdrawn.

The 79 pending permit applications on which EPA focused are for proposed surface coal mining operations in 4 Appalachian states. EPA’s initial review concluded that all of the projects would likely cause water quality impacts requiring additional review under the Clean Water Act. The initial reviews were conducted in light of available project-specific information, the existing environmental condition of the watershed in which the project is proposed to be located, and the nature of environmental impacts predicted to result from construction and operation of the proposed mine.

The list of 79 permits is being made available today on EPA’s Web site at the address below along with additional information about the nature and outcome of the EPA review process. As noted, the list will be available for public review for the next two weeks and then a final list will be published and provided to the Corps of Engineers to begin the next phase of review.

More information on the list of 79 permits:

4 Comments For This Post I'd Love to Hear Yours!

  1. Margaret Davies says:

    Please stop mountaintop removal. It destroys the eco-system and the environment for the people that live in the area. It also destroys the area for possible use of safe energy alternatives. Let’s look at the best approach for the long haul, not short sighted decisions.

  2. cheryl erb says:

    Mountaintop removal is hazardous to all living things, and needs to have priority to stop immediately. Coal is not clean, while solar and wind power are limitless and free.
    Solar and wind power are really the only way to go.
    This is our future.

    Thank you, Cheryl Erb

  3. Billy Curry says:

    Mountaintop removal is not hazardous to any living thing. I challange you to take a tour of a reclaimed mine site. You will see abundent wildlife, beautiful streams, and mountains. Coal is a clean technology and over 56% of the nations electricity is produced by coal. Solar and wind power is not enough to produce the electricity we need. Hundereds of thousands of birds are being killed by solar and wind power. One third of the wind mills produce not elctricity do to lack of wind. America needs to wake up. Coal is our future.

  4. Philipp Wickey says:

    Billy Curry,

    Dude you have got to be kidding. If I put a piece of C4 next to you and detonate it, what do you think will happen to you? Also, when you you burn coal it emits mercury and spreads it everywhere. (Its ubiquitous in fish now). Is mercury good for you?
    I just built a house that uses solar, and geothermal power and feeds energy into the grid. If every house had that we would have more than enough energy. Read something before you talk.

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