CHARLESTON – Miners and managers throughout West Virginia’s coal industry today welcomed a long-awaited federal rule that promises to end costly litigation blamed for slowing permit approvals for mining operations, reducing coal production and stifling employment.
“Far from the ‘giveaway’ to the coal industry as it is characterized by some anti-coal extremists, the new rules actually tighten regulations relating to stream protections under the Buffer Zone Rule,” said West Virginia Coal Association President Bill Raney.
“This new rule is the product of four years of public hearings and environmental analysis by multiple federal agencies,” Raney said.
Raney said the rule change provides a clarity and transparency to the rule that was lacking until now, which allowed numerous lawsuits to move through the court system. “The anti-coal extremists used the ambiguous language of the earlier version of the rule as a way to justify lawsuit after lawsuit,” Raney said. “This rule establishes clear guidelines and should reduce legal challenges to permits applications, which will protect the livelihoods and careers of thousands of working West Virginia coal miners.”The new rule requires mining companies to minimize the impact of their operations in areas surrounding streams. It clarifies and affirms the regulatory interpretations of both Democrat and Republican administrations over the past 30 years.
“Federal law has always allowed mining operations in and around streams under controlled conditions spelled out in this and other regulations,” Raney said, “… provided the requirements of the Clean Water Act are also met.”
Surface mining operations are common across much of West Virginia and account for approximately 70 percent of the total tonnage of coal produced in the United States. More than 150,000 families nationwide depend on these mines for their livelihoods. In West Virginia, coal mining accounts for approximately 50,000 jobs and generates $418 million in severance taxes.