OK, here's some rare good news in the fight against mountaintop removal mining. Last Friday, Judge Robert "Chuck" Chambers, a federal judge in West Virginia, ruled that the U.S. Army Corps of Engineers broke the law in issuing MTR mining permits that would allow streams to be buried. This means that, finally, the Corps, which approves mining permits, will have to recognize and uphold the Clean Water Act!
They've been called out for illegally issuing permits that destroy vital streams, ecosystems, and the environment around mining sites. Never mind that they're supposed to be the ones in charge of protecting the environment and preserving the integrity of the streams and rivers that run through the all-but-devastated Appalachian Mountains. Now they actually have to do their jobs, not facilitate the kind of environmental destruction they purport to fight.
Hard to believe it took a federal judge and months of appeals and public outcry to make the Army and the government keep their word. Makes me wonder what else we should be holding their feet to the fire for. How does this affect Arch Coal's Spruce No. 1 mine, which I wrote about at the end of January? Well, it sounds like it'll take more time in court to come to a conclusion, so stay tuned. Friday was a great day, though; Judge Chambers decision set a remarkably important precedent.
Now for the bad news.
West Virginia's State Surface Mine Board approved Massey Energy Co.'s permit to build that second coal silo near Marsh Fork Elementary School.
Remember this issue? A couple hundred small children going to school 225 feet from a coal silo that releases poisonous, chemical-laden coal dust into the air, dust that has been found throughout the school, and just down the mountainside from a 385-feet tall sludge dam containing nearly 3 billion gallons of toxic sludge and waste?
But let's forget about the sludge dam for a second (even though it contains over 20 times the volume of another nearby sludge dam that broke and killed 125 people in 1972) and focus on the silo. The coal dust it gives off is poisonous, literally poisonous. Children are sick, teachers are sick, but there are no other schools to attend, so the kids' parents are forced to choose between their children's health and education and the teachers between their health and a job. Now, instead of cleaning up the site and/or building the children a new school like Governor Manchin (W.Va.) indicated he might, the state has given Massey the go ahead to build another silo.
Overturning the WV DEP's 2005 order to block the silo, the Surface Mine Board gave Massey the go-ahead on Tuesday, March 13. And lest anyone downplay the danger this silo posed with Massey's PR spin of reducing emissions, Massey's own permit predicts an increase of emissions by three and a half tons per year. That's a lot of coaldust.
No wonder West Virginians are embarrassed of their government. No wonder they're disappointed to a point bordering on hopelessness. The rest of the country is still mostly in the dark about what's happening to West Virginia, to its residents and their homes, and to the future of their children -- and the people in charge, rather than work to increase awareness and stop the madness, encourage the coal companies to ravage and rape the place they call home! It's absolutely mind-boggling. I've heard stories of Senator Robert C. Byrd crying because he was "so devastated" for everyone affiliated with MFE. I've watched the videos of Governor Manchin looking into the eyes of a small child, assuring her and her grandparents that he would help them.
In reality, when activists and concerned citizens came to appeal to his reason and his compassion last week, when they came to his office to sit in protest of this outrageous and dangerous new ruling, they were arrested. But I guess that's just politics as usual, politics as terrible and politics as immoral, which is how it's been in West Virginia for a long time now, as long as King Coal has reigned supreme over conscience, public service, and the law itself.
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Comments
View as Flat
GreenEngineer Posted 4:29 am
28 Mar 2007
Dumb
It seems really dumb and shortsighted for the coal industry and their supporters to run around doing things like this. I mean, "think of the children" is the heartstring for much of the public. Sooner or later, Massey and company will get hurt by this (granted, alot of kids will get hurt in the meantime). But in the long run, they're giving their industry a black eye, which it can hardly afford in the face of coming regulations on carbon.
CO2 taxes/regulation is a rather abstract subject focusing on a problem that is quite literally invisible. It's not the sort of thing that gets people excited, generally. Sick kids, on the other hand, make great press. And the bad press the coal industry gets for this sort of thing is not going to bolster sympathy for them when it comes time to sort out carbon controls.
Seriously, I'm no media strategist, but this seems like a real opportunity, if we can figure out how to use it.
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Mmimika Posted 4:32 am
28 Mar 2007
a company is not a monolith
>>Sooner or later, Massey and company will get hurt by this
Sometimes the captain has absolutely no intention of going down with the ship.
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David Roberts Posted 5:30 am
28 Mar 2007
Massey ...
... and particularly Blankenship, have gotten quite used to operating with total impunity. Why should they think anything's changed?
www.grist.org
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Tom Philpott Posted 5:40 am
28 Mar 2007
Another reat post
Please, Jessica Tzerman, keep keeping us up to date on this central topic.
Breaking our filthy coal habit has got to become an urgent goal among enviros.
Victual Reality
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Tom Philpott Posted 5:43 am
28 Mar 2007
missing 'g'
another great post, that is.
Victual Reality
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brezzlin Posted 5:44 am
28 Mar 2007
Mining: New NON TOXIC gold extraction ready
This company has a completely non toxic gold extraction system ready to go... in fact they have certified it in University testing and have entire Nations ready to start using it to help save the lives of the more than 15 million estimated artisanal miners in the world using poisions to extract.. Check it out and pass it around! They need all of our support as the toxic chemical makers sure don't want to lose their sale eh? Please forward to all your environmental friends and companies. They have started the STAMP program which has the blessing of many gov's and top dignitaries now... let help them out!! Thank you!
www.habercorp.com.
feel free to contact me for more info...
brezzzlin@yahoo.com
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brezzlin Posted 5:47 am
28 Mar 2007
NON Toxic gold extraction system....
By the way the Universities have certified that this system is up to 10x faster than cyanide and more efficient for recovery.... Please pass it on!
Thanks!
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birdboy Posted 9:22 am
28 Mar 2007
'because the Earth needs a good lawyer'
This lawsuit was filed, fought, and won by EarthJustice, one of several major victories under their belt in recent months. A couple years ago, I dumped all the other enviromental groups I belonged to and signed up for a monthly contribution to EarthJustice. These guys use the money fighting in court the implementation of all those insane, shortsighted policies and 'rules' the Bush administration has imposed on us. They may be our last recourse, since corruption and money has overrun our political system. They deserve credit for this victory.
a liberal in redsville
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