New York Times  [Printer-friendly version]
August 23, 2007


By John M. Broder

WASHINGTON, Aug. 22 -- The Bush administration is set to issue a
regulation on Friday that would enshrine the coal mining practice of
mountaintop removal. The technique involves blasting off the tops of
mountains and dumping the rubble into valleys and streams.

It has been used in Appalachian coal country for 20 years under a
cloud of legal and regulatory confusion.

The new rule would allow the practice to continue and expand,
providing only that mine operators minimize the debris and cause the
least environmental harm, although those terms are not clearly defined
and to some extent merely restate existing law.

The Office of Surface Mining in the Interior Department drafted the
rule, which will be subject to a 60-day comment period and could be
revised, although officials indicated that it was not likely to be
changed substantially.

The regulation is the culmination of six and a half years of work by
the administration to make it easier for mining companies to dig more
coal to meet growing energy demands and reduce dependence on foreign

Government and industry officials say the rules are needed to clarify
existing laws, which have been challenged in court and applied

A spokesman for the National Mining Association, Luke Popovich, said
that unless mine owners were allowed to dump mine waste in streams and
valleys it would be impossible to operate in mountainous regions like
West Virginia that hold some of the richest low-sulfur coal seams.

All mining generates huge volumes of waste, known as excess spoil or
overburden, and it has to go somewhere. For years, it has been trucked
away and dumped in remote hollows of Appalachia.

Environmental activists say the rule change will lead to accelerated
pillage of vast tracts and the obliteration of hundreds of miles of
streams in central Appalachia.

"This is a parting gift to the coal industry from this
administration," said Joe Lovett, executive director of the
Appalachian Center for the Economy and the Environment in Lewisburg,
W.Va. "What is at stake is the future of Appalachia. This is an
attempt to make legal what has long been illegal."

Mr. Lovett said his group and allied environmental and community
organizations would consider suing to block the new rule.

Mountaintop mining is the most common strip mining in central
Appalachia, and the most destructive. Ridge tops are flattened with
bulldozers and dynamite, clearing all vegetation and, at times,
forcing residents to move.

The coal seams are scraped with gigantic machines called draglines.
The law requires mining companies to reclaim and replant the land, but
the process always produces excess debris.

Roughly half the coal in West Virginia is from mountaintop mining,
which is generally cheaper, safer and more efficient than extraction
from underground mines like the Crandall Canyon Mine in Utah, which
may have claimed the lives of nine miners and rescuers, and the Sago
Mine in West Virginia, where 12 miners were killed last year.

The rule, which would apply to waste from both types of mines, is
known as the stream buffer zone rule. First adopted in 1983, it
forbids virtually all mining within 100 feet of a river or stream.

The Interior Department drafted the proposal to try to clear up a 10-
year legal and regulatory dispute over how the 1983 rule should be
applied. The change is to be published on Friday in The Federal
Register, officials said.

The Army Corps of Engineers, state mining authorities and local courts
have read the rule liberally, allowing extensive mountaintop mining
and dumping of debris in coal-rich regions of West Virginia, Kentucky,
Tennessee and Virginia.

From 1985 to 2001, 724 miles of streams were buried under mining
waste, according to the environmental impact statement accompanying
the new rule.

If current practices continue, another 724 river miles will be buried
by 2018, the report says.

Environmental groups have gone to court many times, with limited
success, to slow or stop the practice. They won an important ruling in
federal court in 1999, but it was overturned in 2001 on procedural and
jurisdictional grounds.

The Clinton administration began moving in 1998 to tighten enforcement
of the stream rule, but the clock ran out before it could enact new
regulations. The Bush administration has been much friendlier to
mining interests, which have been reliable contributors to the
Republican Party, and has worked on the new rule change since 2001.

The early stages of the revision process were supported by J. Stephen
Griles, a former industry lobbyist who was the deputy interior
secretary from 2001 to 2004. Mr. Griles had been deputy director of
the Office of Surface Mining in the Reagan administration and is
knowledgeable about the issues and generally supports the industry.

In June, Mr. Griles was sentenced to 10 months in prison and three
years' probation for lying to a Senate committee about his ties to
Jack Abramoff, the lobbyist at the heart of a corruption scandal who
is now in prison.

Interior Department officials said they could not comment on the rule
because it had not been published. But a senior official of the Office
of Surface Mining said the stream buffer rule was never intended to
prohibit all mining in and around streams, but rather just to minimize
the effects of such work.

Even with the best techniques and most careful reclamation, surface or
underground mining will always generate mountains of dirt and rock, he

"There's really no place to put the material except in the upper
reaches of hollows," the official said. "If you can't put anything in
a stream, there's really no way to even underground mine."

He said the regulation would explicitly state that the buffer zone
rule does not apply for hundreds of miles of streams and valleys and
that he hoped, but did not expect, that the rule would end the fight
over mine waste.

Mr. Lovett of the Appalachian Center said the rule would only stoke a
new battle.

"They are not strengthening the buffer zone rule," he said. "They are
just destroying it. By sleight of hand, they are removing one of the
few protections streams now have from the most egregious mining

Copyright 2007 The New York Times Company