Court upholds EPA mining water quality policies

An Environmental Protection Agency (EPA) ruling that aims to reduce the amount of water pollution created by mountaintop removal coal mining has been upheld by an appeals court. The coal industry challenged the new rules; however, its objections were swept aside by the DC Circuit Court of Appeals on Friday (July 11th).

Mountaintop removal coal mining uses explosives to remove entire hilltops in order to reach low-sulphur coal, which is a valuable commodity. The rock and dirt that is left over by the process is most commonly dumped into nearby valleys, often destroying natural streams. 

The process is seen as highly efficient; however, it is causing huge amounts of damage to water quality, forests and communities. 

The court stated that the decision to implement new rules on mountaintop removal coal mining and the impact it can have on water quality was within the EPA's power. It also ruled that the EPA was authorised to coordinate with the Army Corps of Engineers to review Clean Water Act permits sought or obtained by mining operations. 

This ruling contradicts an earlier, lower court ruling, which sided with the states of Kentucky and Virginia on the matter.

The states argued that the new rules for reducing water pollution created difficulties for companies that use mountaintop removal as a process to gain the necessary permits to continue work. Two policies were implemented as part of the crackdown on water pollution within the coal industry.

Both of these policies came about during President Barack Obama's first term and aimed to create more requirements for companies to meet in order to be granted permits for coal activity under the Clean Water Act.

The Charleston Gazette reports that Liz Purchia, press secretary for the EPA, said: “[The] EPA is pleased that the Court of Appeals agreed with our position in this case. We are committed to consistently using our authority under the Clean Water Act to protect the health and environment of Appalachian communities.”

The court ruling has been heavily criticised by several coalfield elected officials, many of whom have responded to the announcement by saying that legislation would be created to block the EPA looking any closer at mining operations.