Obama Expected to Tighten Coal Mining Regulations, Set CO Limits

by Ken Ward Jr., excerpted from Charleston Gazette, Nov. 9, 2008

When Barack Obama becomes president, the coal industry isnt likely to go bankrupt. But coal operators and coal-fired utilities should brace for tougher regulation of mine safety, strip mining and especially greenhouse gas emissions.

Coal industry watchdogs are looking for Obama to reverse Bush administration rule changes, beef up enforcement, and put the nations first ever limits on carbon dioxide from power plants.

"While coal mining is vitally important to the nation, it can kill and maim miners and foul the land, air and water when mine safety and environmental laws are violated," said Patrick McGinley, a West Virginia University environmental law professor.

"I expect the Obama administration will act decisively to both promote responsible coal mining and vigorously enforce mine safety and environmental laws that protect coal miners lives and coalfield communities."

Among other things, citizen groups hope to stall a final decision on the federal Office of Surface Mining, Reclamation and Enforcements proposed rewrite of the stream "buffer zone" rule until after Obama takes office.

But at the top of their list is Bushs repeal of a Clean Water Act rule that redefined "fill material" to legalize the huge mountaintop removal valley fills that bury streams.

"I dont think we would end up mining less coal," said Joe Lovett, a lawyer and director of the Appalachian Center for the Economy and the Environment.

"But it would dramatically reduce the size of valley fills and surface mines, and would shift mining from surface mines to underground mines."

Issues surrounding the fill rule are already pending at the U.S. Supreme Court, in a case involving a permit for an Alaska gold mine.

And its possible that environmental groups will seek a legislative change instead, with a bill still pending in Congress to overturn the Bush fill rule.

"That way, a future administration couldnt change it again," said Joan Mulhern, a lawyer with the Washington group Earthjustice.

In his victory speech last week, Obama listed a "planet in peril" (global warming) second on his list of challenges the nation faces. He cited it just after "two wars" and before "the worst financial crisis in a century."

Read Obamas energy plan at: my.barackobama.com/page/content/newenergy.