Well, the roller coaster to end mountaintop removal has yet to end. Tuesday afternoon, the media exploded with the news that the EPA was putting a freeze on new valley fill permits — then a few hours later we learned they were only looking at the permits. Which, as other have said, is still a point for celebration — even if it is pathetic we have to celebrate the fact that the government is going to start thinking about maybe following the law regarding mountaintop removal.
This didn’t stop the coal industry from dissolving into a quivering mass of hysteria, which included grandstanding from politicans, inspired some impressive yellow journalism and of course the industry threatened to lay off every miner and everyone who ever thought about mining and practically eveyone who has an “m” in their job title for good measure.
It also inspired some very helpful and inspiring writing – noting that this decision isn’t a threat to Appalachia, it’s an opportunity to re-build and diversify our economy with safe green jobs — with 60,000 new jobs in Appalachia from energy efficiency alone!
And the excitement continues: Yesterday a Senate equivalent of the Clean Water Protection Act was introduced — wonderful news–and thanks to all the lobbyists at the End Mountaintop Removal Week in Washington last week. Stay tuned for updates. Press release and full bill below.
SENATORS CARDIN, ALEXANDER INTRODUCE BILL TO END THE DUMPING OF MINING WASTE INTO STREAMS
March 25th, 2009 – WASHINGTON – U.S. Senators Benjamin L. Cardin (D-MD) and Lamar Alexander (R-TN) today introduced bipartisan legislation that would prohibit the dumping of mining waste into streams, effectively ending the practice known as mountaintop mining. The Appalachia Restoration Act would amend the Clean Water Act to prevent the dumping of what is known as “excess spoil” from mountaintop mining into streams and rivers.
Mountaintop mining is a method of coal mining in which the summit of a mountain is removed to expose the coal beneath, and the resulting millions of tons of waste rock, dirt and vegetation are dumped into nearby stream and river valleys. More than 1 million acres of Appalachia have already been affected. An estimated 1,200 miles of headwater streams have been buried under tons of mining wastes. More than 500 mountains have been impacted, and homes have been ruined and drinking water supplies contaminated.
“My goal is to put a stop to one of the most destructive mining practices that has already destroyed some of America’s most beautiful and ecologically significant regions,” said Senator Cardin, Chairman of the Water and Wildlife Subcommittee of the Committee on Environment and Public Works. “This legislation will put a stop to the smothering of our nation’s streams and water systems and will restore the Clean Water Act to its original intent.”
Coal is an essential part of our energy future, but it is not necessary to destroy our mountaintops in order to have enough coal,” said Senator Alexander, a member of the Water and Wildlife Subcommittee of the Committee on Environment and Public Works which has jurisdiction over this issue. “Millions of tourists spend tens of millions of dollars in Tennessee every year to enjoy the natural beauty of our mountains — a beauty that, for me, and I believe for most Tennesseans, makes us proud to live here.”
Mountaintop mining produces less than five percent of the coal mined in the United States. This bill does not ban other methods of coal mining, but instead would prevent this particular type of coal mining.
Appalachia Restoration Act
111TH CONGRESS 1ST SESSION
S. 696
To amend the Federal Water Pollution Control Act to include a definition of fill material.
IN THE SENATE OF THE UNITED STATES
Mr. CARDIN (for himself and Mr. ALEXANDER) introduced the following bill;
which was read twice and referred to the Committee on
A BILL
To amend the Federal Water Pollution Control Act to include a definition of fill material.
1 Be it enacted by the Senate and House of Representa
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Appalachia Restoration
5 Act’’.
6 SEC. 2. FILL MATERIAL.
7 Section 502 of the Federal Water Pollution Control
8 Act (33 U.S.C. 1362) is amended by adding at the end
9 the following:
10 ‘‘(26) FILL MATERIAL.—
page 2
1 ‘‘(A) IN GENERAL.—The term ‘fill mate
2 rial’ means any pollutant that—
3 ‘‘(i) replaces a portion of the waters
4 of the United States with dry land; or
5 ‘‘(ii) modifies the bottom elevation of
6 a body of water for any purpose.
7 ‘‘(B) EXCLUSION.—The term ‘fill material’
8 does not include the disposal of excess spoil ma9
terial (as described in section 515(b)(22) of the
10 Surface Mining Control and Reclamation Act
11 (30 U.S.C. 1265(b)(22))) in waters of the
12 United States.’’.
I forgot to mention a HUGE thank you to Senator Alexander, a Republican from Tennessee — a coal state! Cardin (D-MD) also deserves accolades for taking a stand in MD, which also has coal mining.
Definitely props to Alexander (and Cardin) for sponsoring this, and to Rep. Dave Reichert (R-WA) for co-sponsoring the Clean Water Protection Act in the House. If these folks are your reps, give ‘em some love.
Alexander’s backing for this bill really shows what pressure can do and how we are building momentum.
Just as recently as June of 2007 Senator Alexander’s opinion on strip mining was quite different and he even appeared to significantly prefer it to wind power. In opposing a renewable portfolio he said before congress:
“It is quite a sight to see when you put wind turbines on top of those mountains. It is a sight that I would rather not see. Here is West Virginia, which is north of the southeastern part of the United States. Basically it cuts off the whole tops of those mountains. In my opinion, it makes strip mining look like a decorative art.”
Students at the University of Tennessee launched a campaign to educate Lamar about the insanity of such a statement and its nice to see he’s finally come around to regard MTR as bigger threat than wind farms.