By Cliff Montgomery – May 6th, 2013
The issue of mountaintop mining – a method of coal mining in which a mountain’s top is sheared off to obtainaccess to coal seams – is a controversial one that rarely receives the attention it deserves. The lives ofindividuals who live around those sheared mountains may well be adversely effected by this coal removalprocess.
We at The American Spark hope that a recent study released by the Congressional Research Service (CRS)may help bring about some extra thought and discussion of this important matter.
Below, The Spark offers most of the CRS report’s summary:
“Mountaintop removal mining involves removing the top of a mountain in order to recover the coal seamscontained there. This practice occurs in six Appalachian states (Kentucky, West Virginia, Virginia, Tennessee,Pennsylvania, and Ohio). It creates an immense quantity of excess spoil (dirt and rock that previouslycomposed the mountaintop), which is typically placed in valley fills on the sides of the former mountains,burying streams that flow through the valleys.
“Mountaintop mining is regulated under several laws, including the Clean Water Act (CWA) and the SurfaceMining Control and Reclamation Act (SMCRA).
“Critics say that, as a result of valley fills from mountaintop mining, stream water quality and the aquatic andwildlife habitat that streams support are destroyed by tons of rocks and dirt. The mining industry argues thatmountaintop mining is essential to conducting surface coal mining in the Appalachian region and that it wouldnot be economically feasible there if operators were barred from using valleys for the disposal of miningoverburden.
“Critics have used litigation to challenge the practice. In a number of cases, environmental groups have beensuccessful at the federal district court level in challenging permits for mountaintop mining projects, only to belater overturned on appeal.
“Nonetheless, the criticisms also have prompted some regulatory changes.
“In 2009, officials of the Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers (Corps),and the Department of the Interior signed a Memorandum of Understanding outlining a series ofadministrative actions under these laws to reduce the harmful environmental impacts of mountaintop miningand surface coal mining in Appalachia.
“The plan includes a series of near-term and longer-term actions that emphasize specific steps, improvedcoordination, and greater transparency of decisions to be implemented through regulatory proposals, guidancedocuments, and review of applications for permits to authorize surface coal mining operations in Appalachia.
“Viewed broadly, the Administration’s combined actions on mountaintop mining displease both industry andenvironmental advocates.
“The additional scrutiny of permits and more stringent requirements have angered the coal industry and manyof its supporters. Controversy also was generated by EPA’s January 2011 veto of a CWA permit that had beenissued by the Corps for a surface coal mining project in West Virginia.
“At the same time, while environmental groups support EPA’s steps to restrict the practice, many favor tougherrequirements or even total rejection of mountaintop mining in Appalachia.
“Federal courts have recently rejected several of the Administration’s actions, including enhanced permitreview procedures, and EPA guidance on factors used in evaluating water quality impacts of Appalachiansurface mining permits.
“EPA’s veto of the West Virginia mine permit was overturned by a federal court, but that ruling was recentlyreversed on appeal.”
