Mountaintop Removal Restrictions Blocked By District Judge

On Oct. 7, a district judge threw out additional restrictions on mountaintop removal mining permits by the Environmental Protection Agency. 

The National Mining Association sued the EPA after it issued more stringent guidelines for "dredge-and-fill" permits, saying the government agency side-stepped formal rulemaking and public input.

Luke Popovich told the Wall Street Journal the additional rules had held up over 70 permits and impeded coal workers from doing their jobs. 

"With this decision, coal communities can get back to the business of producing affordable energy for Americans and put more Americans back to work," he said.

Rep. Nick J. Rahall (D-W.Va) called the act a "victory for the working men and women in the coalfields" and told the Charleston Gazette that the coal industry celebrated the judge's action. 

Permits for "dredge-and-fill" procedures -- where excess rock and dirt from mine blasts is dumped into nearby valleys and streams -- is often a target for environmental groups. They claim it to be dangerous to the environment. 

EPA officials said it created the "enhanced coordination procedures" to work with companies and examine permits earlier in the process, rather than waiting for corporate approvals. 

However, coal industry officials said the move was defined as "new permit restrictions" and exceeded the EPA's authority under the Clean Water Act.  

EPA spokeswoman Betsaida Alcantara told the Charleston Gazette the ruling is procedural in nature and will not impede their efforts to protect the environment.  

"We will work under the law to meet our Clean Water Act responsibilities to keep Appalachian streams clean for drinking, fishing and swimming and to assure environmentally responsible coal mining proceeds," she said.