News
Testifying in Congress
Tuesday, June 2nd, 2015
Last week, our friend Dustin White traveled back to Washington, DC to speak up for the mountains. The House Committee on Natural Resources was having an Oversight Hearing on “State Perspectives on the Status of Cooperating Agencies for the Office of Surface Mining’s Stream Protection Rule.” At issue in this hearing is the cooperation between the state and federal government on the protection of Appalachian streams and the development of the anticipated Stream Protection Rule that the Office of Surface Mining has been developing since 2009.
Dustin captured the issue well,
Most of the Appalachian states with mountaintop removal have their own regulatory agencies that are supposed to be the first line of defense for communities when coal companies violate the law. These agencies exist in KY, VA, and in WV we know them as the DEP or Department of Environmental Protection. But many in WV say DEP stands for something else… “Don’t Expect Protection” as citizens often find themselves doing the job of the DEP to monitor the impacts of mining. We have found that the state regulatory agencies often issue mining permits against objection of citizens and sometimes without the proper environmental surveys required by law. They often allow coal companies that are habitual violators of the law to operate with little to no interruption. Fines issued for violations are little more than pocket change for coal companies.
In at least WV and KY the regulatory agencies and state legislatures worked lower water quality standards that go against federal guidances, allowing companies to discharge higher levels toxic selenium and aluminum into streams. Agencies like the DEP seem to be working against the best interest of the people and because of this citizens often turn to legal action to reign in coal companies. We have even filed a 733 petition under SMCRA in WV asking OSMRE to intervene in DEP’s mining division for failing to do their job.
The lack of protection many communities face when mountaintop removal threatens their water has been blamed, in part, on lack of oversight by state agencies. Therefore many have looked to the federal government and to Congress to protect their land and water from this devastating practice.
Thanks to Dustin for taking time out of his busy work organizing with people who’ve seen the worst impacts of the coal industry and sharing his experience with those in DC! Let’s hope that those in charge of enforcing the law in West Virginia were listening in.
