Reply #32: Salazar Moves to Withdraw 11th Hour Mountaintop Coal Mining Rule

[babylonsister]

h/t kpete


Source: U.S. Department of the Interior

Salazar Moves to Withdraw 11th Hour Mountaintop Coal Mining Rule
Restores Protections Against Dumping in Streams

WASHINGTON, D.C. – Secretary of the Interior Ken Salazar today announced his determination that the mountaintop coal mining “stream buffer zone rule” issued by the Bush Administration is legally defective. Salazar directed the United States Department of Justice (DOJ) to file a pleading with the U.S. District Court in Washington D.C. requesting that the rule be vacated due to this deficiency and remanded to the Department of the Interior for further action.

“In its last weeks in office, the Bush Administration pushed through a rule that allows coal mine operators to dump mountaintop fill into streambeds if it’s found to be the cheapest and most convenient disposal option,” said Secretary Salazar. “We must responsibly develop our coal supplies to help us achieve energy independence, but we cannot do so without appropriately assessing the impact such development might have on local communities and natural habitat and the species it supports.”

Under the Bush rule, coal mine operators are able to dispose of excess mountaintop spoil in perennial and intermittent streams and within 100 feet of those streams whenever alternative options are deemed "not reasonably possible." Disposal into streambeds is permissible when alternatives are considered "unreasonable," which occurs under the Bush rule whenever the cost of pursuing an alternative "is substantially greater” than normal costs.

The Bush rule replaced a rule that had been on the books since the Reagan era rule of 1983. The Reagan era rule provides greater protection for communities and habitat by allowing the dumping of overburden within 100 feet of a perennial or intermittent stream only upon finding that such activities “will not adversely affect the water quantity or quality or other environmental resources of the stream. Two lawsuits were filed immediately after the Bush rule was published.

Read more: http://www.doi.gov/news/09_News_Releases/042709.html