Beckley Register-Herald
“I think it would be cool to have a coal miners' car,” he said. “Throughout my career, I haven't seen any sponsorship with a coal miner (logo). I think it will be a good thing for the Miners and for West Virginia (NASCAR) fans and Virginia fans, ...
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Bluefield Daily Telegraph
“When there is a level of uncertainty like there has been during President Barack Obama's administration, coal companies are uncertain about investing in a coal mining operation. When a federal agency like the EPA can revoke a coal mining permit that ...
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The Spruce No. 1 coal mine case is a welcome crimp in federal power
In 2007, the Army Corps of Engineers issued a permit that authorized Mingo Logan Coal Co., a subsidiary of Arch Coal, to dump material from its Spruce No. 1 coal mine into nearby streams.
The company needed the permit to expand the mine.
The mine eventually would have led to the employment of 250 people and the production over 15 years of about 44 million tons of coal.
But when the Obama administration took office, the U.S. Environmental Protection Agency asserted the power to review such permits, and in 2011 revoked the Spruce No.1 permit.
This was unprecedented. Never before had the agency retroactively revoked a permit the Corps had granted.
The company sued and on Friday, U.S. District Judge Amy Berman Jackson in Washington, D.C., an Obama appointee, ruled the EPA had overstepped its bounds.
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Decision confirms EPA has overstepped its authority and supports need for HR 2018
CHARLESTON -- Friday’s decision in the U.S. District Court for the District of Columbia taking EPA to task for overstepping its authority with its veto of the Spruce Mine permit in Logan is a victory for the West Virginia’s 63,000 coal mining families.
“It is clear that Friday’s decision was a victory, but the bigger fight remains,” said Bill Raney, president of the West Virginia Coal Association. “We have to bring an end, once and for all to the EPA’s regulatory war against the West Virginia’s hard working coal miners. We applaud the decision because it supports our assertion that the EPA is an out-of-control agency single-handedly destroying tens of thousands of jobs across the country and thousands of jobs right here in West Virginia. We hope that Congress, specifically the U.S. Senate, will take note of this decision as well and take action on H.R. 2018, the “Clean Water Cooperative Federalism Act” (co-sponsored by Congressman Rahall and passed by the House in July 2011) to return appropriate balance on EPA’s relationship with other federal agencies.”
CHARLESTON -- Friday’s decision in the U.S. District Court for the District of Columbia taking EPA to task for overstepping its authority with its veto of the Spruce Mine permit in Logan is a victory for the West Virginia’s 63,000 coal mining families.
“It is clear that Friday’s decision was a victory, but the bigger fight remains,” said Bill Raney, president of the West Virginia Coal Association. “We have to bring an end, once and for all to the EPA’s regulatory war against the West Virginia’s hard working coal miners. We applaud the decision because it supports our assertion that the EPA is an out-of-control agency single-handedly destroying tens of thousands of jobs across the country and thousands of jobs right here in West Virginia. We hope that Congress, specifically the U.S. Senate, will take note of this decision as well and take action on H.R. 2018, the “Clean Water Cooperative Federalism Act” (co-sponsored by Congressman Rahall and passed by the House in July 2011) to return appropriate balance on EPA’s relationship with other federal agencies.”
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Earlier today the U.S. District Court for the District of Columbia issued a decision vacating in its entirety the federal Environmental Protection Agency’s revocation of a permit issued by the Huntington District of the Corps of Engineers for the Spruce No. 1 Mine in Logan County, West Virginia. The Corps issued the Clean Water Act Section 404 permit to Mingo Logan Coal Co. in January 2007. In September 2009, EPA initiated the process to “veto” the permit, referred to as a Section 404(c) action, even though it had been in place for two years and the operation was active. EPA completed the administrative process to revoke the permit on January 13, 2011. Mingo Logan sued the agency in federal court alleging that EPA’s authority with respect to CWA Section 404 permit was confined to vetoing a permit before the Corps completed its permit analysis and actually issued the permit. Judge Amy Berman Jackson agreed, finding that “the Court cannot find that EPA’s interpretation of Section 404(c), extending its veto authority indefinitely after a permit has been issued [by the Corps], is reasonable.” Judge Jackson accused the EPA of “magical thinking” in assuming it could exercise the Section 404(c) veto authority at any time and issued an order finding the permit issued by the Corps for the Spruce No.1 Mine “remains valid and in full force.”
Both the West Virginia Coal Association and the State of West Virginia filed amicus briefs supporting Mingo Logan’s case against EPA.
For a copy of the decision contact jbostic@wvcoal.com