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.”

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

After years of work and devotion, the Friends of Coal Soccer Complex at Trace Fork, located next to the South Charleston Memorial Ice Arena and adjacent to the Target store in the Southridge shopping area, along Corridor G south of Charleston, is ready for official dedication on Sunday.  I hope many members of the Association and lots of Friends of Coal will attend the afternoon ceremony to commemorate the extensive work done by our members in bringing this dream to reality.

The 2012 Regular Session of the Legislature adjourned late Friday afternoon, March 16^th, with approval of the budget bill for fiscal year 2013, beginning this July. During the 60 days there were 2,029 bills introduced by both the Senate (678) and the House (1,351).  Of those, 113 Senate bills and 101 House bills, for a total of 214 bills were passed and completed legislative action.

We appreciate everyone who joined together with us at the Association in defense of the coal industry throughout the 60-day session.  Those collective efforts resulted in the passage of the following bills as well as preventing passage of many bills that would have negatively affected our industry. Again thanks to all who assisted, both in the Capitol and from your homes and offices.

A summary of bills that passed, as well as those which did not, that were of concern and relevant to the industry is available at the Association office, 304-342-4153.

The recent flooding in Logan County has once again shown how the family of coal steps up to the plate in times of need. Several of our member companies and their employees have donated time, equipment, supplies and money to the relief effort.

Much work remains, estimates indicated as many as 500 homes have been affected by the flooding, many may no longer be habitable. Mud Fork Road in Logan remains almost impassable and hundreds of families continue to need clothing and other basic supplies.

If you would like to contribute or volunteer to help, we ask that you contact the Association.