Bush Midnight Rule Change Exposed to Sunlight of Justice

In January, OVEC joined with other groups in suing over one of Bush’s final controversial acts. With our legal challenge, we seek to overturn Bush’s last-minute repeal of the stream buffer zone rule – an environmental law that, since 1983, has prohibited surface coal mining activities within 100 feet of flowing streams.

As you may have noticed, the former stream buffer zone rule was ignored by coal companies and not enforced by so-called regulatory agencies, but before Bush axed the rule, it provided excellent legal grounds to challenge permits.

“This rule change is among the 11th hour landmines

planted by the Bush administration that an EPA headed by Lisa Jackson stands to inherit,” Earthjustice attorney Jennifer Chavez said. “With this lawsuit, we are doing what we can to make it easier for the incoming administration to undo the damage wrought by the last one and restore our nation’s commitment to protecting the waters and summits of the Appalachians.”

As this lawsuit proceeds, we are hoping for better coal-related enforcement under the Obama administration.

We are so thankful to the excellent legal team working on this case: attorneys from Appalachian Center for the Economy and the Environment, Earthjustice, Appalachian Citizens Law Center, Sierra Club and Waterkeeper Alliance.

Along with OVEC, the plaintiff groups are WV Highlands Conservancy, Coal River Mountain Watch, Southern Appalachian Mountain Stewards (VA), Kentucky Waterways Alliance and Save our Cumberland Mountains (TN).