Archive for July, 2010

NMA Files Suit Against EPA and Army Corps over Moratorium on Appalachian Coal Permits

July 20, 2010

Press Release

For Immediate Release

 Contact:
Carol Raulston
(202) 463-2610
craulston@nma.org

 Luke Popovich
(202) 463-2620
lpopovich@nma.org

July 20, 2010

 


Washington, D.C. – The National Mining Association (NMA) today filed suit against the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) for unlawfully obstructing permitting of coal mining operations in the Central Appalachian coal region and beyond jeopardizing thousands of jobs and a vital supply of fuel to meet the nation’s electric power needs.

 NMA’s lawsuit, filed in the Federal District Court for the District of Columbia, contends EPA and the Corps have circumvented clear requirements for public notice and comment of a host of federal statutes and ignored calls for peer-reviewed science as part of a deliberate policy to substitute agency “guidance” for formal rulemaking.  

  “NMA members’ efforts to navigate this unlawful process and obtain reasonable and predictable permit terms have been unsuccessful, leaving us no choice but to challenge the EPA and Corps policy in court,” said NMA President and CEO Hal Quinn. “Detailed agency guidance is not a valid substitute for lawful rulemaking based on public notice and comment,” Quinn explained.  “The agencies’ continued abuse of the law to impose arbitrary standards on mining operations, state agencies and other federal regulatory bodies threatens the entire region with further economic misery and stagnant employment.”

 Specifically, NMA says EPA and the Corps have violated the Administrative Procedures Act, the Clean Water Act, the National Environmental Policy Act and the Surface Mining Control and Reclamation Act by disregarding explicit requirements for public comment and formal rulemaking procedures.  Moreover, EPA has usurped authorities clearly granted to the states and other federal agencies and has used technical benchmarks for assessing water quality that are both arbitrary and capricious.  

In effect, said NMA, the result has been a de facto moratorium on coal mining that is irreparably harming NMA’s member companies, the welfare of coal communities and the economy.  According to a May 21 report by the Senate Environment and Public Works Committee Minority staff, nearly 18,000 new and existing jobs and more than 80 small businesses are jeopardized by the unlawful policy EPA and the Corps have applied to the 190 permits still awaiting action in mid-May.  The loss of jobs and economic opportunity will continue to mount, as additional permits fall into the permitting nadir.   

 “The Corps is allowing EPA to impose unilateral control over coal mine permits throughout Appalachia, imposing a moratorium on jobs, energy production and the economic future of communities in the region.  The faulty science at the heart of this policy serves no environmental good.  These actions must be held to the same standard required of all substantive rules,” Quinn concluded.  

  For a copy of NMA’s complaint, see http://nma.org/pdf/tmp/072010_NMA_Complaint_ECP_Guidance.pdf.

For a copy of the Senate Environment and Public Works Committee Minority Staff Report, see http://nma.org/pdf/tmp/072010_Senate_Minority_Staff_Report.pdf

Obama using oil spill to impose an energy tax

July 19, 2010

Obama using oil spill to impose an energy tax

would harm ky. businesses, families

By Mitch McConnell

At issue | July 7 Herald-Leader editorial, “Spill’s clarity: Put a price on carbon”

To help me best represent Kentucky in the U.S. Senate, I reach out to people across the state to learn what they’re thinking. The more Kentuckians I can talk to, the better.

But if you asked which Kentuckians I value hearing from more than any other, the answer might surprise you: It’s the Herald-Leader’s editorial board. Whenever this paper tries to take me to task in print, I know I am on the right track. The editorials swim upstream against the tide of Kentucky opinion more than any others.

The July 7 editorial hits precisely the wrong note once again. The tragedy of the gulf oil spill demands that our government’s top priority must be stopping the leak and cleaning up the damage it has caused.

But this paper, along with President Barack Obama and the liberal Democrats who control Washington, see it as a chance to jam through a new national energy tax that has been at the top of liberals’ wish list for years — long before the Deepwater Horizon exploded and sank.

Most Americans know that this national energy tax — sometimes called “cap and trade” — will hit them every time they fill up their car or flip a switch to turn on a light bulb.

And because Kentucky is rich in coal and other natural resources, most Kentuckians understand that a national energy tax will hit our state much worse than most.

But you don’t have to take my word for it. Take it from Kentuckians in every corner of the state, urban and rural, Republican and Democrat, those directly impacted and those who would feel it indirectly as well: A national energy tax would hurt their livelihoods, their businesses and their families.

The barge-shipping industry in Kentucky, for instance, employs thousands of people in our state. Much of the freight those barges carry is coal, and a tax on coal would cost the industry jobs. And since the lost cargo cannot be easily replaced, the jobs will not be replaced either.

Kentucky is home to many automobile manufacturing plants, which employ thousands of people.

More companies in Kentucky exist that serve and are reliant on the automobile industry. The current recession has already hit auto companies hard; many who work at these energy-intensive businesses fear how much a spike in energy prices will add to their troubles.

I’ve heard from farmers who had nothing to do with the oil spill, but would face increased fertilizer and fuel costs to keep their farms running. To remain competitive in a global marketplace, they can’t raise prices, and would be forced to absorb the full force of the tax and cut jobs.

Many electric co-op consumers across the state live on fixed incomes. They fear an increase in their utility bills — an increase that could cost some of them their homes.

And every one of us will have to pay more whenever we use energy, or buy something that used energy to manufacture it, sell it or ship it.

The common thread through all of these concerns is frustration and anger. People are frustrated that Washington thinks it knows best — knows best about your family’s health care, owning American automobile companies, or running the banking industry.

But Washington can’t fulfill its most important job to protect this country and our resources and stop this oil spill.

At the same time, people are angry that Obama and the Democrats in Congress are using this catastrophe to push through totally unrelated bad policy. Obama advocated a national energy tax even before he was elected, and has admitted that “under my plan of a cap-and-trade system, electricity rates would necessarily skyrocket.”

The reasons why a national energy tax is a bad idea have not changed. Kentuckians have rejected this liberal agenda before, and they reject it today.

Manchin to name Carte Goodwin to fill Byrd’s Senate seat

July 16, 2010

(CNN) – West Virginia Gov. Joe Manchin will name Carte Goodwin to fill the late Sen. Robert Byrd’s seat until an election is held, a senior Democratic source tells CNN.

Goodwin, 36, served as Manchin’s general counsel from 2005 until 2009. He is a lawyer in the Charleston law firm Goodwin & Goodwin.

Read more at:  http://politicalticker.blogs.cnn.com/2010/07/16/manchin-to-name-carte-goodwin-to-fill-byrds-senate-seat/?fbid=hXxkYxpSPoE

Manchin to name new senator Friday

July 14, 2010

West Virginia Gov. Joe Manchin proposed legislation Tuesday afternoon that would schedule a special primary in August or September and a general election in November to fill the seat left vacant by the late Sen. Robert Byrd (D-W.Va.).

Manchin also said in the announcement that he will appoint an interim senator by Friday at 5 PM.

Read more: http://www.politico.com/news/stories/0710/39692.html#ixzz0tfPNLTEm

Poll: 70 percent of Americans reject cap-and-trade

July 9, 2010

By: Barbara Hollingsworth
Local Opinion Editor
07/08/10 12:20 PM EDT

Americans are on to President Obama’s attempt to use the BP oil spill as an excuse to pass his highly unpopular cap-and-trade legislation.

At a recent meeting at the White House, the president told 23 senators that they must put a price tag on carbon emissions. “The president was very clear about putting a price on carbon and limiting greenhouse gas emissions,” said Senator John Kerry, co-sponsor of the Kerry-Lieberman bill that would do just that.

Read more:  http://www.washingtonexaminer.com/opinion/blogs/beltway-confidential/poll-70-percent-of-americans-reject-cap-and-trade-98033709.html

Rick Flesher: EPA’s new water standard is ridiculous

July 7, 2010
“A better balance is needed between man and mayflies”

THE U.S. Environmental Protection Agency has imposed a new standard on the coal industry in six Appalachian states, including West Virginia, for water quality around mine sites.

Specifically, the EPA has chosen a single test parameter known as “specific conductivity” to gauge the acceptability of a discharge.

As president of Standard Labs, a 60-year old West Virginia-based coal and environmental testing firm with 29 laboratories across the United States, I believe this threshold is arbitrary, simplistic, scientifically flawed, and unobtainable by most industrial processes.

EPA has established a conductivity threshold of 300 microSiemens per centimeter (uS/cm). Mine-site-related discharges with conductivity levels under 300 will be acceptable, while levels over 300 will not.

Conductivity is a measure of a solution’s ability to conduct an electrical current. Conductivity is normally proportional to its ion concentration, so the higher a solution’s ion concentration, the higher the conductivity result.

To Read the entire article click here:  http://www.dailymail.com/Opinion/Commentary/201007050400


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