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EPA stunner: pulls permit for major, already-in-use coal mine in WVA

FYI just found this 45 page doc on WVA coal facts, from taxes paid, employment, production & more. WVA is No.2 in US coal production behind No. 1 Wyoming. WVA ships coal to 33 states & 23 countries and accounts for 50% of all US coal exports. 1/2 of the electricity in this country comes from coal. Page 20 on the document, page 18 according to the PDF.

Our government seems to know no bounds these days. In a stunning, but not surprising power-grab, and show of boldness, the EPA, specifically Chair Nancy Sutley of the Council on Environmental Quality, revoked the coal mining permit for Arch Coal’s Spruce Mine No. 1 in Logan County, West Virginia. The action happened on January 13 after 9 months of threats from the EPA that the mine would cause irreparable harm to the environment. Area businesses sent this letter to Ms. Sutley expressing opposition. Of keynote is the following observation:

If EPA is allowed to revoke this permit, every similarly valid Section 404 permit held by any entity — businesses, public works agencies and individual citizens — will be in increased regulatory limbo and potentially subject to the same unilateral, after-the-fact revocation. The implications could be staggering, reaching all areas of the U.S. economy including but not limited to the agriculture, home building, mining, transportation and energy sectors.

Arch Coal, which contributes 16% of America’s coal supply, had the project in the works for over a decade and received its permit in 2007 during the Bush administration. This mine, a “mountain top removal mine” when fully operational would have employed 235 miners and 300 indirect jobs in support services. Arch Coal has already set aside $250 million for this project, which now, under EPA orders, will have to be shut down.

The EPA cited its authority under the Clean Water Act, an action taken place only twice in the last 40 years and never before to a coal mine. This action predictably will send chills up the spines of business and industry who will assuredly be fearful of undertaking projects and investing money in those projects, especially now that we see an almost unprecedented revocation after a permit has been issued by the proper agency. Local reaction, including concerns by Senator Manchin can be see on this video here. Sorry, no embed code.

West Virginia is the second largest coal producer in the country:

  • $26 billion pumped into the West Virginia economy annually
  • $3.2 billion in wages for West Virginia families
  • 60,000 jobs
  • Jobs pay an average of $68,500 annually, more than twice the state average wage
  • 60% of the state’s business taxes are paid by coal and utilities

I had the pleasure of speaking with Mr. Bill Raney, President of the West Virginia Coal Association regarding the EPA’s arrogance and total disregard for “coal families” in West Virginia. He tells me there are of course the resident environmentalists and their “concerns”, mainly a study which shows the mine may have the potential of one insect, the mayfly, disappearing. However he has spoken openly and collectively with the residents who live in this rural area and they welcome the mine, the jobs and the dollars it will place into the West Virginia economy. He assured me unlike the Feds, the process has been open and transparent with community input all along and the mining company is always accessible to residents to listen to any concerns they may have. He also stated to me the claims of water contamination are unsubstantiated and some opponents are fabricating a “there will be cancer” fear. Also there are no streams involved, only ditches which are dry most of the year. In this type of mining the top of the mountain must be removed to extract the coal underneath. The “overburden” or material on top of the coal, is moved into the ditches. After the coal is extracted the overburden is placed back into its original area, reinstating the natural look of the environment.

Mr. Raney tells me the major problems began when the Obama administration came on line with its new staff. What do you know about that.

Arch Coal has already filed suit in DC court and also in the WVA southern district court. Reactions of West Virginia Congressional representatives and Governor Earl Tomblin are aggravation. Tomblin has announced a “Rally for Coal” on Thursday, January 20 in Charleston:

“Our coal industry provides jobs for our men and women, money for our children’s education, and energy for our country’s growing appetite for electricity,” Gov. Tomblin said. “We must stand up and show federal regulators that we will not retreat from their unfair actions. We will continue the fight not just for the Spruce Number One mine but for every coal miner, coal company and for our way of life.”

Senator Jay Rockefeller has sent a letter to President Obama, excerpted below:

I am writing to express my outrage with the EPA’s decision to veto a rigorously reviewed and lawfully issued permit at the Spruce Number 1 Mine in Logan County, West Virginia. This action not only affects this specific permit, but needlessly throws other permits into a sea of uncertainty at a time of great economic distress. It is further upsetting that the EPA is seeking to veto a permit that has already been so thoroughly reviewed.

Senator Manchin in this press release calls the EPA’s action “unprecedented and irresponsible.”

“It goes without saying, such an irresponsible regulatory step is not only a shocking display of overreach, it will have a chilling effect on investments and our economic recovery. I plan to do everything in my power to fight this decision.”

Rep. Nick Rahall, in this interview, calls the EPA’s decision “chilling.”

We presently have an oil drilling moratorium in parts of the Gulf and eastern seaboard. And Governor David Paterson of New York recently signed into law a ban on horizontal natural gas hydro-fracking under pressure of the ACORN-founded Working Families Party.

Now our coal is at risk. What’s left, my friends?

Crossposted at Conservative Outlooks

Crossposted at Procinct.net

COMMENTS

  • http://www.redstate.com/etcartman Kenny Solomon

    Guess this goes on the side of a promise kept.

    Listen for yourself: http://www.youtube.com/watch?v=Hdi4onAQBWQ

    I bet the permit goes back in place on the same day the water is turned back on in the San Joaquin Valley.

    Nudge. Shove.

    If somebody of any influence with The House reads this comment, please ask them to defund The Office Of Information And Regulatory Affairs. That’s where Cass Sunstein happens to be. the Czar of The Czars. The Nudger-In-Chief himself.

    That office and everyone under it’s banner needs to be removed from government service…… Immediately and legally, or future ‘nudges’ are going to become shoves like this one.

    • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

      is literally being stolen from us.

    • Scope

      but Issa said that he was going to investigate Obama’s Czars that have powerful roles in the O’s admin, and that were never confirmed by the Senate. It would be great if the House slashes the budget to not include monies for any of the passed Obama legislation, but, I’m already losing faith in the House Republican leadership, not that I had much to begin with.

      • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

        states. Why? Because the raising of the price of oil and coal cause general inflation of all good produced and people in ALL states suffer from said inflation.

  • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

    fight. Oil is the modern world and the ObamaDems have committed national suicide on this since 1978. I have called for civil disobedience on this matter for many years.

    more later and thx Lady’!

    • lineholder

      And in other areas of the world, deals are being made to expand production of oil and natural gas. See this article about the deal between BP and Putin.

      http://www.telegraph.co.uk/finance/newsbysector/energy/8262042/Putin-offers-tax-breaks-for-BP-deal.html

      • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
    • http://www.theprecinctproject.wordpress.com ColdWarrior

      I believe the intensity of “fight” we will get from our “courageous” (snark) Republican “fighters” in the House and Senate will be directly proportional to the percentage increase in the number of empty precinct committeeman slots that are filled by conservatives this month, next month, the month thereafter, etc. Because, if the status quo does not change there, they all know that, all other things being equal, their chances of winning their primary and general elections are 95 per cent or better.

      So, other than “acting” in that fashion, how else would you suggest we “act?”

      Here are some easy “markers” to see whether the new Republican House “fighters” will actually make a difference:

      Defunding all the “czars.”

      Defunding NPR.

      Defunding the National Endowment for the Arts.

      Defunding Obamacare.

      Again, as none of those things get accomplished, look and see whether your local Republican Party committee has seen a surge in participation by conservatives wanting to find out how they can become voting members of the Party.

      That’s where you’ll find the answer.

      In my humble opinion.

      Thank you.

      ColdWarrior

      • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

        to those that may wish to continue business as usual. But re-election fears appear not to be enough for many given their behavior after an even more relevant heat was applied via the massive and historic wave election in which they saw many of their own kind lose to tea partiers and/or more conservative opponents, however characterized.

        Hence my support of the civil and obedient American Drive-In on the Opening Day of the House to concentrate the minds of the recently hired that we remember 1995′s betrayals. and why I have supported calls for civil disobedience in many areas, esp incl oil drilling.

        It seems that many of the establishment, some of which members develop this attitude early on, see winning election the first and/or least by the second time, as the end of contact with the wishes of the public, as they resort to form, esp in the Senate. And if worse comes to worse and they lose, then they have the Golden Parachute or revolving lobbying door.

        Those types will not be moved by filling party apparatus slots.

        But luckily, we don;t have to limit ourselves to an either/or strategy.

        We can support and push for filling those critical slots with those that will support conservative nominees as well as put other pressures on Congress.

        God bless

      • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

        filling GOP state executive committeemen slots with conservatives. BTW, I lost a race for such a slot while a Democrat in the 90s. I also lost a race for county council nomination. I won two county party chair races, lost one. I was state and/or national convention delegate numerous times and was in leadership in my precinct.

        • http://www.theprecinctproject.wordpress.com ColdWarrior

          had no idea you had so much to atone for! We are all grateful you have “seen the light” and come over from the dark side! And please continue to help spread the word that each of us ought to, if at all possible, step up and spend time and effort in carrying out our civic duty to be involved in party politics at the grass roots level. I’m guilty as charged — I didn’t get involved locally in the Party as a PC until 2007, foolishly assuming that all the slots were full and it would be difficult to “break in” to the Party ranks. Bad assumption. Really bad.

          Now I’m atoning! But what it really boils down to is I’m not going to allow a bunch of Marxist thugs and their clueless “do gooder” fellow travelers force my kids to have to live under liberty-squelching socialism. And, the best strategy I know for stopping those who are writing Opuppet’s speeches is the Neighborhood Precinct Committeeman Strategy: getting conservatives to take over our Party, which allows us to take back our government. It’s just good, old-fashioned American civics as I learned in 7th grade in my government school in the late 1960s.

          And it works.

          Thanks again for all you are doing.

          For Liberty,

          ColdWarrior

          • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine

            after moving to Atlanta. My activism since then has been mainly column writing and voting, in addition to some volunteer campaigning for Herman Cain for US Senate in 2004. I do encourage others to take the grassroots steps you advocate, but generally limit my political activities to my writing and occasional speeches before groups, as I have had to return to full-time legal work since the housing bubble burst.

            I can only really afford to do extra political work if paid by a campaign! I have applied….smile

  • carolina

    They want his ‘vote’ on something as a ‘trade’ before he gets his coal mine back. Just watch……..

    • redneck_hippie

      Extortion is on display. I have no doubt the gulf moratorium is in place for the same exact reasons. And what happened with the water for folks in the California Central Valley?

  • bk

    Too bad they didn’t do this in October, in which case there wouldn’t BE a Senator Manchin.

    • edintexas

      It is precisely why they waited until after swear in to drop this bomb. They could virtually eliminate Gulf oil because they had no hope of picking up any seats in the Gulf states.

  • bk

    except nukular, drilling, and mining.

    • renny

      The entire o administration from drilling moratoriums (read bans) to revocation of permitting and “new” regs. being dreamed up by o appointees is all dedicated to turning us into the second world before we fall into the third world. Co’s will have to sue and continue working and dare the EPA to send in marshals or fed. reps. with subpoenas. It will take money and guts.

  • graciegirl

    andh hopefully some of the the czars. Hopefully if the House does defund it it would stop this action re the coal permit Hopefully..

    What I don’t get is how we can get O to go back to the normal regulations for drillling. It is insane that they admit Deep Water was caused by a series of individual errors and then in the next breath blame the whole industry.

    Could someone please enlighten me as to what concrete thing we can do and to which agency to stop this lunacy about drilling before American goes off the cliff??

    • luvnthebigsites

      the coal company and the power plant can do and its pretty simple too…

      Just turn the power off.

      Pick any dark blue metropolitan area and throw the switch. Borrow one of Ben Bernanke’s’ helicopters and instead of dropping money drop one page flyers explain that until federal government allows us to mine coal and burn it to produce electricity the people of that metropolitan area will have to find another source for their energy needs. Perhaps the EPA could provide them with a windmill or a solar panel. At any rate, until one of these over-reaches actually is going to effect a large percentage of the liberal voting block all we can really do is stand back and watch these idiots. (And make 2012 campaign commercials.)

      • izoneguy

        Hit em where it hurts. Just imagine the outrage of 8 million NYC residents when the power goes off during another blizzard.
        The power company can tell them to call President Obama.
        “Sorry folks this is a coal burning plant. We did get our coal from West Virginia until the EPA closed it down.”

      • renny

        Let them sit in the dark and cold in the winter or re-experience the DC malarial swamp effect in the summer.

        • Tbone
      • ohiohistorian

        work great in blizzards, rain storms, high winds, etc. The liberals of NY, Boston, Baltimore, and DC should be told to go get their energy from these if they are going to put coal out of reach. And when they “brown out” and “black out”, live with it. Maybe your CFLs will still work.

        Liberalism is the propagation of ignorance. The reason why people with no education and with PhDs vote liberal is that they think the PhD’s can actually run something. Liberals do not care about what they do to others, theirs is a higher moral purpose; to put themselves in charge.

    • ohiohistorian

      language that Obama cannot spend any money on EPA until they put in abeyance all revocation of permits, CO2 regulations, and emissions trading for CO2. That any funds that EPA spends in this area in 2011 will be sequestered times 2 in the 2012 budget.

      Same language for HHS and ObamaCare ought to be put in the CR.

      The 2012 budget should zero climate change, and take EPA and HHS back to 2000 levels. After all, they loved Bill Clinton, didn’t they? They should live by their budgets under him.

      • graciegirl

        No I’m not being negative. I am serious.

      • edintexas

        Regarding permit revocations, permitting moratoria and offending regulations, we need reversal and revocation. Abeyance is only a temporary suspension.

  • acat

    wonder if they’ll actually follow through, though.

    Mew

  • lineholder

    What did you expect?

    President Obama’s first loyalty is to an ideology, not PEOPLE. The kind of mindset he has is to put the needs and goals of the ideology FIRST ahead of the needs of people.

    I don’t know what it is going to take for you gentleman to become realistic about this, but right now, it is costing YOUR people in YOUR state their ability to SURVIVE, much less to succeed.

    • dsmurf

      and would be investors in the coal industry after the Australian floods that wiped out coal mining operations, this is another lost opportunity, the Chinese will get their coal from someplace,
      our country will suffer for lack of coal production because of this, I have coal producers on my watch list, this is not beneficial at all to anyone save the global warming true believers

      • ladyimpactohio

        And new ones going up all the time. I also visited the Three Gorges Dam. If environmentalists here are worried about the mayfly in WVA, they should see what the Chinese did to build that dam. Displacing millions of people, drowning millions of animals. Ruining millions of acres of flora.

    • http://westforwestwing2012.com heartlander

      Rockefeller wrote: “This action not only affects this specific permit, but needlessly throws other permits into a sea of uncertainty at a time of great economic distress.”

      He doesn’t realize that THAT IS PRECISELY THE GOAL.

      See: Cloward-Piven Strategy
      Alinsky’s Rules for Radicals
      Weather Underground manifesto Prairie Fire

      The more chaos, disruption, lost jobs, wrecked economies, rioting cities, foreclosed homes, bankrupt businesses, violence and misery, THE BETTER. The goal is to COLLAPSE THE SYSTEM — so that “the devil-possessed” (see Dostoevsky) can take over.

      See: Russian Revolution, 1917

  • uselogic

    non-science degree government puke.

    “Sutley received her Bachelors degree from Cornell University and her Masters in Public Policy from Harvard University.” From her govt bio.

    Another useless parasite, killing the host.

    PS: She was also commie Van Jones’ boss.

  • Wayne

    does not justify the power given to the EPA, but it is a perfect vehicle for bureaucratic elitist to exercise their beliefs into policy and again demonstrate just how far these criminals against the Constitution and American Dream are willing to go in implementing their insane agenda.

    Giving them national authority is absolute insanity…

    end the Fed and EPA now!!!

    Write your representatives and Bohner. Let him know what you think!!!

  • bushhog

    must be the campaign focus. Opening production of ALL of our energy resources would fix our economy, enhance national security and our international stature.
    Oil prices would immediately react to the greatly increased global supply and the prospect that the US could become an energy EXporter rather than a huge importer. Good jobs would be created, bosting the national economy. The rest of the world would cease viewing us as the naive morons we now appear to be — and our energy production would return our international prestige.

    EVERYTHING rests on energy policy!

    • ohiohistorian

      at $50,000K/job is. I figure that is an economic impact of $150 million. I guess Obama can’t be worried about loose change in the employment picture. Haven’t seen Manchin open his yap about this yet, and of course Rockefeller is too compromised by his position with the FCC reclaiming licenses to be credible.

      Obama told you who voted for him what he was going to do: http://www.youtube.com/watch?v=BqHL404zhcU. And you bunch of appeasement independents elected him anyhow. Probably one of the few distinctions between him and McCain. Enjoy your electric bills going outa sight. Maybe those with the Volt will still be able to hit <$4.00/gallon, but the rest of us won’t. http://www.heritage.org/research/reports/2007/12/beware-of-cap-and-trade-climate-bills

      • http://Blackberrybear.etsy.com knitwit

        burning coal, they won’t be able to recharge their little electric cars that can also burn gas….so, they will be in worse trouble than we are with just gas!

  • conservativecurmudgeon

    How the “General Welfare” clause of the Constitution applies more to bugs than people…

    Lord, we are a sick, sick people. In the midst of an economic depression, the limousine Liberals shuttle hither and yon, completely unaware of the utter destruction, destitution, and misery their statist, regulatory nightmare creates.

    • ladyimpactohio

      But he wasn’t. He told me it’s absolutely true. However, there is good news. Mr. Raney said there is another species of mayfly waiting in the wings to repopulate the area.

      • conservativecurmudgeon

        that seem to repopulate a jurisdiction every election cycle?

    • http://westforwestwing2012.com heartlander

      Well, maybe the “liberals” are unaware — but I guarantee you that Obama, Soros, Ayers, et al. are completely aware of what they’re doing.

      Chaos, misery and utter destruction are PRECISELY their GOAL.

      See my note above, also the essay I did on this topic the other day:
      “The name of their game is CHAOS.”

  • ohiohistorian

    He is “outraged” at the EPA revoking a permit for this coal mine, but he has suggested doing the same thing with lawfully issued FCC permits for conservative talk http://www.breitbart.tv/sen-rockefeller-fcc-should-take-fox-news-msnbc-off-airwaves/. So the licenses by the EPA cannot be revoked, but those by the FCC can?

    The people of WV should take this liar and two-faced scoundrel Rockefeller out of office permanently. He is a disgrace to the people of WV who I hold in high esteem, having worked with them for a number of years.

    • pompadour

      not even vaguely honest. Has never been. His progressive roots run insanely deep. The only reason he’s making any noise about this issue at all is that it happens to be his constituents. He should be gone, gone, GONE!

      I would strongly encourage the people of WV to throw over the side of their boat a man who would do just the same to them and all the rest of us.

    • http://westforwestwing2012.com heartlander

      Thanks for pointing that out about his double-standard!

  • itrytobenice

    in 2012, right?

    He might as well because he’s gonna lose it now.

    • Finrod

      WV went red in 2000 and hasn’t even hinted at turning blue since, at least for presidential elections.

  • E Pluribus Unum

    It would have been nice if this article had been;

    • written about a topic that mattered
    • incorporated a wealth of facts and reliable data from reputable sources
    • you had actually spoken with somebody on the ground for relevant local perspective

    Oh wait. you did all that……..

    My bad. [I kid, I kid!] Very nice work, LadyIO. This EPA is getting out of hand in a big and dangerous way.

    • http://www.examiner.com/x-1597-Charlotte-Law--Politics-Examiner Mike gamecock DeVine
  • rick554

    Is to save all the oil, gas and coal for our Grandchildren. Of course, we’ll have to figure out a way to keep them from starving for the next 10 years.
    Thanks to my fellow Ohioan for the excellent work!

    • http://westforwestwing2012.com heartlander
  • ladyimpactohio

    Obama released his Oil Spill commission report. Light bulb just went off in my brain. Planned distraction. Natural Resources Committee which has jurisdiction over this after I made them aware plans to investigate… stay tuned.