Thirty-seven years ago our nation’s hopes for cleaning up our streams and protecting them from further pollution were embodied in the 1972 Clean Water Act. This law has been successful in many ways. But the most blatant example of where this law has been flaunted and its enforcement virtually non-existent has been with mountaintop removal and valley fills.

Coalfield and downstream residents have organized, litigated and pushed legislation to challenge this culture of non-enforcement.   We believe we are now on the verge of significant change in federal policy that will again make protecting our water a key component in the control of coal mining operations. Your help is needed to show public support for controlling the widespread dumping of toxic mining wastes into our streams.

Specifically, the Obama administration wants to stop rubber-stamping permits to fill valleys with mining wastes. In the past, this has been done under what is know as “nationwide permitting” — based on an incredible premise that valley fills do no significant environmental harm!

Based on loads of scientific data that shows the significant harm to streams from valley fills, the U.S. Army Corps of Engineers is proposing to do away with nationwide permitting for coal mining. It would be replaced with a process that requires environmental review and public input for each individual permit — basically restoring the intent and requirements of the Clean Water Act.

How you can help

• Use the form below to send written comments to the U.S. Army Corps of Engineers. Tell your own story. Say why you’re concerned about water quality.  Support the Corps’ efforts to enforce the law.  Key points and background information can be found here.  Below is a sample comment.  Feel free to use it as-is, personalize it, or use your own language.  Click here if the form below does not load.
  

Background information

For decades, state and federal agencies have failed to protect our water and enforce existing mining and water quality laws. As a result, at least 1,400 miles of streams in Kentucky were buried or severely degraded by coal mining valley fills between 1981 and 2005.

The U.S. Army Corps of Engineers is now accepting public comments about two proposals to strengthen its permit process for coal mining valley fills:

1. The Corps wants to put an end to the use of a fast-track system that coal companies have traditionally used to get permits to create valley fills in the Central Appalachian region. The agency would no longer allow companies to use the shortcut process called “nationwide permit 21” for valley fills. Instead, coal companies would have to obtain individual permits. Unlike the NWP 21 process, these individual permits require a case-by-case environmental assessment, closer agency review, and an opportunity for public comment.

2. The agency’s second proposal is to stop using the NWP 21 process soon, even before it has reached a final decision on the first proposal. Instead, coal companies would be required to obtain individual permits.

Talking points

KFTC has created a document containing Talking Points and Background Information to help prepare our members on this issue.  A few key talking points are summarized below:

• I support the Army Corps of Engineers’ proposal to end the use of Nationwide Permit 21 for coal mining valley fills in Central Appalachia. Enforcing the law to protect our land, water and people is the least the agency should do.

• Valley fills have had a devastating impact on local communities, the economy, and our environment. In Kentucky alone, about 1,400 miles of streams have been buried or significantly damaged by valley fills between 1981 and 2005.

• The nationwide permit should never have been used for coal mining valley fills. This fast-track permit process is only supposed to be used for projects that have “minimal” environmental effects. For decades the U.S. Army Corps and U.S. EPA (as well as state agencies) looked the other way. They accepted the coal industry’s claims and ignored science, common sense and the law.
  

• The proposals being considered are reasonable and responsible. The individual permitting process will require coal companies to do a meaningful environmental assessment. It will allow agencies to closely review these permits. And it will create a chance for public input. These things are not too much to ask. They are also what the law requires.

Conclusion

Recent announcements by the U.S. EPA and U.S. Army Corps of Engineers are a sign that this administration is listening to your demands for an end to mountaintop removal mining and valley fills. As KFTC members, you are a key part of a powerful and growing movement. Thank you for everything that you have done to help us get to this point. We can’t let up now.