Environmental Law Enforcement is a Work in Progress

Governments be able to seem righteous either heinous near to some simple, measurable deed:  any enforcement out of to them laws.  Among Appalachian states with surface mining, law enforcement is single nebulous thing. 

Certain U.S. Government Accountability Office published one report in January 2010 titled Unlocking each Mysteries of Ecms Tracking, in response for Senate inquiries which one showed up just following single paper among Science called for abolition belonging to mountaintop removal coal mining.

Any GAO report analyzes any purview of laws along with regulating agencies finished surface mining along with, by no means surprising, shined pale via any cracks.

Since certain 1970s, plenty out of strong federal laws own occurred written to mitigate each environmental impacts made from mining, including a Federal Water Pollution Control Perform out of 1972 (a.k.a. Clean Water Action), Surface Mining Control and Reclamation Deed 1977 (per.k.some. useless), plus a Comprehensive Environmental Response Compensation plus Liability Action 1980 (a.k.a. Superfund).

Yet, with thousands from permit violations beside mining operators recorded each twelve months incurring exclusively miniscule penalties, mining companies pay theirs bills as well as carry on with business in similar fashion usual.


(Reclaimed mine on Kayford Mountain, West Virginia, June 2009.  Photo:  Johnny Kilroy)

Present are some from certain fundamental discrepancies with certain laws covered in a GAO report:

“Below SMCRA, states contain flexibility toward require mine operators to provide per bond for the full cost of reclamation nor participate amid single alternative bonding system…”

For example,

“West Virginia relies exclusively on one alternative bonding system, while Tennessee exclusively uses a full-cost bonding system.”

In no way surprisingly, mountaintop removal owns proliferated considerably greater amid West Virginia, wherever companies are in no way bound toward pay a full cost belonging to reclamation.

“Beneath the Clean Water Act, each Corps possesses discretion up to require whatever mine operators provide assurances such funds desire become available toward mitigate the effects belonging to burying streams with valley fills however it includes never done accordingly within each four states our group reviewed.”

TENTHMIL recently reported on different case out of flaccid enforcement.  Massey Energy’s In what way toward Excel among Fedex Tracking Near to Tracking Number of one pre-established safety standard, however any West Virginia Department out of Environmental Protection did not at all cite any company until a Office from Surface Mining Reclamation also Enforcement gave some ten one day notice, expressing its own intent up to step amid in case DEP didn’t address the violation. 

“OSMRE, EPA, certain Corps, along with any quartet states’ mining also environmental agencies are by no means required in order to monitor former mountaintop mines with valley fills for long-term environmental degradation…”

CERCLA authorizes the Environmental Protection Agency to conduct cleanups from former mine sites.  Us realize aforementioned since certain Superfund process.  Essentially, federal regulating agencies don't force companies in order to insure long-term environmental quality, still they will routinely deposit a burden on federal taxpayers via government-run Superfund cleanups.

Monitoring such owns occurred possesses proved each failures made from reclamation to reforest, mitigate water poisoning, plus restore the landscape for per semblance belonging to for it former psyche or “approximate original contour” (AOC). 

SMCRA requires who land remain returned up to AOC post- mining, yet variances are frequently granted in case the company convinces each permitting authority who a flattened land shall exist put in order to an “economically beneficial use”, although countless developers are not interested in building on mine sites due to certain ground’s instability. 

Within Kentucky, certain Substantial Sandy federal penitentiary was built on one reclaimed surface mine site.  Efforts in order to stabilize each ground hold formed object any Which Are any Future Prospects from Yodel Track Of me Parcel within 2025?

Inside for it report, GAO did in no way make anything policy recommendations.

Among recent months, media outlets along with public officials hold begun giving serious attention for mountaintop removal, along with each upheaval within Appalachia.  It's single split society; population hold arrive to view coal as an economic buttress, yet they as well realize which it is poisoning along with subjugating people, as well as destroying earth.

“How come GAO Did Here Analyze:  Surface mining for coal in Appalachia contains generated opposition for rock plus dirt starting at mountaintops is often removed and placed in nearby valleys and streams.”

Eloquent.  Rocks along with dirt, that’s to them issue in this spot.

Perhaps following some additional congressional inquiries, the federal government intend discover who individuals are being displaced plus buried as satisfactorily.


(West Virginia Residence of Representatives.  Photo:  Condition of WV)

For more on a GAO report, contact Anu Mittal at 202-512-3841.

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