SMOKINCHOICES (and other musings)

April 28, 2009

vacate “Strip-mining”?

Way to go Secretary Salazar – I couldn’t be more pleased as will countless others, especially in Appalachia.

MOUNTAINTOP WORK

Official asks court to vacate mining act

Dumping of debris near rivers OK’d by Bush-era rule

By Juliet Eilperin

THE WASHINGTON POST

WASHINGTON — Interior Secretary Ken Salazar said yesterday that a Bush administration regulation allowing mining companies to dump their waste near rivers and streams is “legally defective.” He instructed the Justice Department to ask the U.S. District Court for the District of Columbia to vacate the rule.

The announcement, which came on the same day that the Environmental Protection Agency announced it was taking a second look at a handful of Bush-era rules on air pollution, shows the Obama administration is continuing to chip away at the environmental policies of its predecessor.

Some environmentalists were disappointed by Salazar’s move, arguing that more needs to be done and that the federal government has failed to enforce its own rule governing mountaintop-mining practices for decades.

The ongoing dispute centers on a 1983 law that bars mining operators from dumping the massive piles of debris — which result from blowing off the tops of mountains to get to coal — within 100 feet of any intermittent or permanent stream if the material would harm a stream’s water quality or reduce its flow. But federal and state courts have issued conflicting interpretations of the law, and widespread dumping continued.

The government estimated that about 1,600 miles of streams in Appalachia have been wiped out since the mid-1980s.

In December, the Office of Surface Mining issued a rule that required companies to avoid the 100-foot stream buffer zone if they could do so, but it allowed them to continue dumping if it was unavoidable. Environmental groups filed two separate lawsuits challenging the rule.

“In its last weeks in office, the Bush administration pushed through a rule that allows coal mine operators to dump mountaintop fill into streambeds if it’s found to be the cheapest and most convenient disposal option,” Salazar said in a statement. “We must responsibly develop our coal supplies to help us achieve energy independence, but we cannot do so without appropriately assessing the impact such development might have on local communities and natural habitat and the species it supports.”

Earthjustice senior legislative counsel Joan Mulhern, who represents a coalition of community groups in one of the lawsuits before the U.S. District Court, said vacating the Bush rule “would be meaningless” if Interior doesn’t crack down on ongoing dumping.

“They’re going back to status quo, which is a good rule, but it’s not being enforced,” she said. “This gets us nowhere if the stream buffer-zone rule is not enforced.”

Interior spokesman Frank Quimby said the administration is seeking “to develop a comprehensive policy on mountaintop mining” in the months ahead.

Mining executives didn’t welcome the policy reversal, saying they would press to have the court consider their views before dismissing the two lawsuits.

“This rule evolved from a four-year public involvement process, a thorough environmental assessment and ironically would have strengthened, not weakened, existing environmental rules dating from the Reagan administration,” said Luke Popovich, a spokesman for the National Mining Association.

Strip-mining “Hero”

Strip-mining foe captures big environmental award

By Vicki Smith
ASSOCIATED PRESS


MORGANTOWN, W.Va. — In Maria Gunnoe’s 11-year war against the strip mining she says has ruined her homestead, there have been casualties: Family dogs have been poisoned and shot, and her truck’s fuel tank has been stuffed with sand.

Yet she keeps fighting to stop mountaintop-removal mining. And for confronting the coal industry in Appalachia, she is the 2009 North American winner of the Goldman Environmental Prize.

Given to six people annually — one on each inhabited continent — the Goldman is the largest award of its kind, with a $150,000 cash prize. The winners will be recognized today in San Francisco.  (4-20-09)
“I never even knew I was an environmentalist,” Gunnoe, of southwestern West Virginia, said with a chuckle.
In mountaintop-removal mining, coal operators blast the tops of mountains apart to expose seams, flattening ridge lines and then dumping debris into valleys below.
Gunnoe’s home sits below a valley fill and has been flooded with coal waste seven times since 2000.
“She’s one of the bravest activists that we’ve seen, putting her life on the line,” said Lorrae Rominger, deputy director of the Goldman Environmental Prize.

dividers41
.
Following is a story of Maria Gunnoe from the Goldman Environmental Prize site showing  the courage and struggle she endured.   She IS a remarkable woman and certainly, one to be admired.  It is a lovely piece which I was grateful to find since I wanted to do a post on her for my Ordinary Heroes section.  The site has a video and some beautiful photos as well – - worth a look see.  Go to:    www.goldmanprize.org/2009/northamerica.
.. .

“The people of Appalachia have sacrificed everything including their lives for energy in America. We must put a stop to mountaintop removal coal mining and transition to renewable energy to allow us our homeland security and to preserve our rightful place and culture in the mountains.”

North America 2009

Maria Gunnoe

USA
Oil & Mining

In the heart of Appalachia, where the coal industry wields enormous power over government and public opinion, lifelong resident Maria Gunnoe fights against environmentally-devastating mountaintop removal mining and valley fill operations. Her advocacy has led to the closure of mines in the region and stricter regulations for the industry.

Mining Nature
The Appalachian Mountains, stretching from Canada to Alabama along eastern North America, contains some of the most important forest ecosystems in North America. Central Appalachia, including West Virginia, is home to the most diverse hardwood forests of all Appalachia with oak, buckeye, birch, maple, beech, ash and dogwood species. Central Appalachia’s headwater rivers and streams, historically some of the purest water on the continent, are the water source for millions of people.

Central Appalachia also contains coal, a critical fossil fuel resource. The coal industry has long been the backbone of the region’s economy and the main employer of generations of working-class families living in the Appalachian coalfields. In recent decades, mountaintop removal coal mining has become common in Central Appalachia. Different from traditional underground coal mining, mountaintop removal is highly mechanized and thus employs fewer workers. Companies first clear-cut a mountaintop and then blast an average of 800 feet off the top of the mountain in order to access coal seams that lie beneath. Rubble from the blasted mountains, often containing toxic debris, is dumped into adjacent valleys to form “valley fills.”

Without foliage and natural layers of soil, the land is rendered unable to retain water. As a result, flooding of communities below valley fills has become a severe and increasingly frequent problem. In December 2008, the Bush Administration approved a final rule that will make it easier for coal companies to dump rock and other mine waste from mountaintop removal mining operations into nearby streams and valleys. Weakening what is known as the federal stream buffer rule, the move is one of the most controversial environmental regulation changes coming from the Bush Administration in its final months. To date, mountaintop removal coal mining in Central Appalachia has destroyed an estimated 470 mountains and has buried or polluted 2,000 miles of rivers and streams.

Unique Appalachian Culture
Maria Gunnoe, 40, was born and raised at the mouth of a narrow hollow in Boone County, West Virginia, now one of the most active mountaintop removal regions in the United States. Her family’s roots in the region date back to the early 1800s, when her ancestors escaped the forced removal of their Cherokee peoples from Georgia by walking along streams to the headwaters, settling safely in the fertile hollows of Central Appalachia. She comes from a long line of coal miners, including her Cherokee grandfather, who in the 1950s purchased the land where her home stands today.

Throughout much of rural Appalachia, a unique culture of survival and living off of the land has thrived for centuries. Gunnoe’s family instilled in her a deep connection to the forest and streams, where her community hunts, fishes, and gathers foods and medicinal plants throughout the seasons. This traditional rural culture is threatened by the invasive mining practices that now dominate the region.

Coal Miner’s Daughter Speaks Up
In 2000, a 1,200-acre mountaintop removal mine began on the ridge above Gunnoe’s home. Today, her house sits directly below a 10-story valley fill that contains two toxic ponds of mine waste comprised of run-off from the mine. Since the mine became operational, Gunnoe’s property has flooded seven times. Before mining began, Gunnoe’s property was never prone to such flooding. In a 2004 flood, much of Gunnoe’s ancestral home was destroyed and her yard was covered in toxic coal sludge. The coal company told her the damage was an “act of God.” As a result of mine waste, her well and ground water have been contaminated, forcing her family to use bottled water for cooking and drinking.

In 2004, Gunnoe, a medical technician by training and former waitress, began volunteering with many local advocacy organizations and then working for the Ohio Valley Environmental Coalition (OVEC) to educate her neighbors about the environmental dangers of mountaintop removal. She organized monthly Boone County meetings, and soon provided community trainings on how to read mining permits, write letters to the editor, interface with the media, and protest using nonviolent methods. Gunnoe also created neighborhood groups to monitor coal companies for illegal behavior and to report toxic spills. She has encouraged other residents to speak at hearings about their concerns over mountaintop removal.

In March 2007, OVEC and partner groups won a federal lawsuit against the Army Corps of Engineers that repealed mountaintop removal valley fill permits in southern West Virginia granted without adequate environmental consideration, and banned issuance of new permits. In defiance of the federal judge’s orders, the Corps granted permits to Jupiter Holdings to construct two new valley fills above Gunnoe’s community at its Boone County mine. OVEC challenged the permits in federal court, and a hearing was scheduled for September 2007. Days before the hearing, Gunnoe organized a media training for 20 local residents, some of whom were scheduled to testify with her. However, at the community hall, more than 60 coal miners showed up and harassed Gunnoe and her neighbors, stopping the meeting and intimidating the group.

After the incident at the community hall, Gunnoe’s neighbors decided not to testify in the hearing challenging Jupiter Holdings’ permits. Gunnoe was the sole community resident to do so. In October 2007, federal district court Judge Robert Chambers ruled in favor of Gunnoe and OVEC and issued an injunction, ordering Jupiter Holdings to halt the construction of any new valley fills at its Boone County mine.

Gunnoe and a coalition of regional groups are now advocating for passage of the federal Clean Water Protection Act, and the reinstatement of the buffer zone rule that would strengthen environmental laws regulating mountaintop removal. She is also working with Appalachian groups to promote viable renewable energy opportunities for the region.

Observers confirm that mine managers point to Gunnoe as an enemy of mine workers and their jobs, and have encouraged acts of harassment. Gunnoe has received numerous verbal threats on her life, and her children are frequently harassed at school. Gunnoe’s neighbors recently overheard people planning an arson attack on her home. Her daughter’s dog was shot dead, and “wanted” posters of Gunnoe have appeared in local convenience stores. Gunnoe has recently taken serious measures to protect both her family and property.

Theme: Rubric. Blog at WordPress.com.

Follow

Get every new post delivered to your Inbox.