Corps’ Idea of "Minimal
Impact"
Challenged in Court
Fed up with the federal government’s continued illegal
permitting of mountaintop removal valley fills, OVEC, Coal River
Mountain Watch and the Washington, DC-based Natural Resources Defense
Council recently filed a lawsuit against the U.S. Army Corps of
Engineers.
The suit challenges the illegal use of Nationwide Permit
21 for large-scale surface mining operations, particularly mountaintop
removal operations. Many thanks to the Appalachian Center for the
Economy and the Environment and Trial Lawyers for Public Justice who are
representing us!
This action seeks to force the Corps to comply with the
federal Clean Water Act and National Environmental Policy Act by
requiring it to cease using a general permit, called Nationwide Permit
21, to authorize large-scale strip mines.
Nearly all surface mines in West Virginia are authorized
under NWP 21, which is essentially a "rubber stamp" the Corps
relies on to allow coal companies to destroy thousands of acres of
irreplaceable forest and water resources and the communities they
support. If successful, this action will set a precedent for improved
Corps’ permitting throughout the Appalachian region and nationally.
The business newspaper the State Journal said of
our lawsuit:
"The groups want to force the Corps to issue only
individual permits for mining operations, which take longer than a more
general nationwide permit program the environmentalists believe the
Corps is not implementing correctly. The goal? Fewer mountaintop removal
mining projects."
Attorney Joe Lovet of the Appalachian Center for the
Economy and the Environment told the Charleston Gazette:
"It is unfortunate that citizens must resort to
litigation to force the Bush administration to enforce environmental
protection laws passed by Congress more than 25 years ago. The
administration’s collusion with coal operators to undermine the
enforcement of these crucial laws, if allowed to continue, will not only
destroy the region’s forests, streams and mountains, but also its
economic future."
The Charleston Daily Mail reported:
"Vivian Stockman, an organizer with the Ohio Valley
Environmental Coalition, said mountaintop removal mining doesn’t fit
the definition of "minimal impact" required for the Corps of
Engineers to allow a permit to fall under the generic analysis.
"Instead, the agency has approved permits that have
buried more than 1,200 miles of streams and replaced thousands of acres
of hardwood forests with grasslands, she said.
"It’s painfully obvious that the Corps is acting
without regard to the law by ignoring the individual, let alone
cumulative effects, of valley fills on the natural resources and
communities in the coalfields. The Corps isn’t bothering to review and
evaluate the destruction it is permitting. The effects to communities
and the ecosystem are hardly minimal and temporary, but massive and
permanent," Stockman said. "The Corps is betraying the public
trust by leaving a landscape that will not recover for hundreds of
years."
Please check the OVEC website
often for updates on this lawsuit.

|