EPA Turns the Lights on Mountaintop Removal

The Environmental Protection Agency made good on its promise today to assert greater scrutiny and "use the best science and follow the letter of the law" with regard to controversial mountaintop removal mining permits in the Appalachian coalfields. In a highly anticipated announcement, the agency declared that all seventy-nine pending permits in four states would "likely cause water quality impacts" and sent them on for additional review under the Clean Water Act.

Does today's big announcement end the practice of mountaintop removal--which has clear-cut more than 1.2 million acres of deciduous forests, employed billions of pounds of ammonium nitrate/fuel oil explosives to blow up 500 mountains, packed and sullied an estimated 2,000 miles of streams with mining waste, and left coalfield communities in economic ruin?

The short answer from the EPA: no.

But while the agency has gone out of its way to make clear that this announcement does not "constitute a change" in policy or usurp the Army Corps of Engineers's authority over such permits, today's news comes as a telling harbinger that the rule of science, law and interagency cooperation just might be returning to the Appalachian coalfields.

"The administration pledged earlier this year to improve review of mining projects that risked harming water quality," EPA administrator Lisa Jackson announced in a statement. "Release of this preliminary list is the first step in a process to assure that the environmental concerns raised by the seventy-nine permit applications are addressed and that permits issued are protective of water quality and affected ecosystems."

According to the EPA, this preliminary list of projects will be evaluated over the next 15 days, at which time "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."

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