Army Corps Suspends Streamlined Permits for Mountaintop Removal
- Rob Perks
- Director, Center for Advocacy Campaigns, Washington, D.C.
- Blog | About
- Posted July 15, 2009 in Saving Wildlife and Wild Places , Solving Global Warming
Today the U.S. Army Corps of Engineers, in compliance with new Obama administration policy on mountaintop removal coal mining, has proposed eliminating the use of its streamlined permit process for the approval of surface coal mining in Appalachia. For far too long, the use of the infamous Nationwide Permit 21 -- or NWP 21 -- has made it far too easy for coal companies to obtain quick permission to dump excess dirt, rock and debris produced by mountaintop removal directly into the valley -- and their streams -- below mining operations on Appalachian summits.
The proposed regulations, which are now open for a 30-day public comment period, are printed in today's Federal Register. They read (in part):
"[T]he Corps proposes to modify NWP 21 to prohibit its use to authorize discharges of dredged or fill material into waters of the United States for surface coal mining activities in the Appalachian region...The proposed modification would enhance environmental protection of aquatic resources by requiring surface coal mining projects in the affected region to obtain individual permit coverage under the Clean Water Act (CWA), which includes increased public and agency involvement in the permit review process, including an opportunity for public comment on individual projects."
Ken Ward's Coal Tattoo blog dives into the particulars of this regulatory proposal. Suffice it to say that the net result should be positive, as mountaintop removal projects will now require an individual permit, which entails a more stringent approval process. However, the new regs notwithstanding, what is warranted is not a slightly stricter permit approval process but immediate action by the Obama administration to abolish the very practice of mountaintop removal -- the most destructive strip mining on the planet.
After all, what we're talking about is the sheer insanity of permitting the decapitation of entire mountaintops, as seen below:
There ought to be a law against this. And with your help there can be: Help save America's oldest mountains by urging Congress to pass legislation to stop mountaintop removal.
But we shouldn't have to wait for Congress to act on this. The Obama administration should realize that regulating mountaintop removal is not the solution; stopping this mining madness is the only option. I have great hope that if President Obama would actually go see the devastation for himself, he'll order an immediate end it.
We absolutely welcome the Obama administration's increased scrutiny of the world's worst coal mining and remain encouraged by the promise of greater oversight and possible action. However, the true test of the administration's new policy toward mountaintop removal is whether rigorous regulatory review will deliver on the promise of greater environmental protection -- something that can only be accomplished by an outright ban on the cause of Appalachia's senseless destruction.
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Comments
Judy Bonds — Jul 15 2009 03:10 PM
Thanks for the information Rob. Great piece here. Much thanks for the great work that you are doing to help stop strip mining. Strip mining is both an environmental issue and a human rights issue. Again, thank you and NRDC
Jon Devine — Jul 16 2009 10:00 AM
Folks who have been following this issue and who recall that a federal court (in a case brought by three groups, including NRDC) found that this permit was invalid a few months back may be wondering what is new about yesterday's action.
The proposal is broader in geographic scope. The Corps already isn’t using NWP 21 in the Southern District of West Virginia, where the court prohibited them from issuing NWP 21 authorizations. Yesterday's notice proposes to suspend, and modify, NWP 21 so that it can’t be used throughout the Appalachian region (which it defines by listing the affected counties) of several states: KY, OH, PA, TN, VA, & WV. The effect of that will be that companies seeking permission to dump surface coal mining waste in streams (for instance, to create a valley fill associated with a mountaintop mine) will need to get an individual permit from the Army Corps. One difference in the process between using the nationwide permit and relying on individual permits is that there is an opportunity for the public to comment on individual permit proposals.
That's a significant practical impact. The affected citizens in Appalachia have been far ahead of the government for a long time in critically looking at proposed mines’ impacts. So the chance to bring problems to the decisionmakers’ attention during the process is a good step forward. Let's hope that as these operations get closer scrutiny, the Corps will refuse to issue permits when flaws are evident (which we think will be common).
Of course, you are exactly right that getting government out of the business of permitting these waste dumps is the best outcome of all.