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RENO (MINEWEB) - The New York Times editorial board this week endorsed the U.S. EnvironmentalProtection Agency's decision to appeal a federal judge's rulingthat the EPA exceeded its authority on January 12, 2011, when itrevoked a Clean Water Act Section 404 permit for Arch Coal's SpruceNo. 1 mine, which originally had been issued by the U.S. Army Corpsof Engineers on Jan. 22, 2007. It was the first time in the EPA's history that it had revoked apermit for a previously authorized mine, and the second time thatthe agency had overturned a permit the Corps of Engineers hadalready issued. That power is normally reserved for onlyunacceptable cases. The Corps of Engineers had issued permits forMingo Longa's 2,300-acre Spruce No. 1 Mine in Logan County, WestVirginia. The EPA based its decision on several findings relating to majorenvironmental, water quality and wildlife concerns. The agencyclaimed Spruce No 12 would bury more than six miles "ofhigh-quality streams, which will eliminate all fish, invertebrates,salamanders, and other wildlife that live in them." This in turnwould cause downstream watershed degradations that would killaquatic wildlife, impact birdlife and reduce habitat. The agency also said it was concerned that the mine "will exposeAppalachian communities to additional mining related sources ofpollution in a watershed already highly impacted by miningactivity." In her decision, Judge Amy Berman Jackson declared, "This is astunning power for an agency to arrogate to itself where there isabsolutely no mention of it in the statute." She accused the agencyof "magical thinking" when "it posits a scenario involving theautomatic self-destruction of a written permit issued by anentirely separate federal agency after years of study andconsideration. Poof!" "Not only is this non-revocation logistically complicated, but thepossibility that it could happen would leave permittees in theuntenable position of being unable to rely upon the sole statutorytouchstone for measuring their Clean Water Act compliance: thepermit," she ruled. The Times declared that Judge Jackson's ruling in favor of Arch "was awrong-headed decision." "It is important for the E.P.A. to assert its authority under theClean Water Act at a time when both the law and the agency areunder fire in Congress," the Times said. "Mountaintop mining involves blasting the tops off mountain ridgesto expose subsurface coal seams, then dumping the rubble below,"the editorial observed. "Thousands of miles of streams inAppalachia have been destroyed in this way. The administration isright to stop this mine as part of its broader campaign to halt aruinous and unnecessary practice." At the time of the EPA's January 13, 2011, decision, Arch Coalspokeswoman Kim Link said, "EPA's final determination to veto theSpruce permit blocks an additional $250 million investment and 250well-paying jobs American jobs. "Furthermore, we believe this decision will have a chilling effecton future U.S. investment because every business possessing orrequiring a permit under Section 404 of the Clean Water Act willfear similar overreaching by the EPA. It's a risk many businessescannot afford to take," Link stressed. SUBSCRIBE to Mineweb.com's free daily newsletter now. I am an expert from portable-data-terminals.com, while we provides the quality product, such as Industrial PDA Windows Mobile Manufacturer , Portable Data Terminals, GSM Wireless Terminal,and more.
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