Yes, great to see, and the EJ reference is no doubt the product of the EJ petition the Club and coalfield allies submitted to EPA.

Yup, stuff's already hitting the fan. Here's a taste, and I expect lots more to come...

There will also be a public comment period and a hearing. The hearing will undoubtedly be scary, but I expect we may want some brave souls to attend.

Aaron

Press release from Mitch McConnell:

http://mcconnell.senate.gov/public/index.cfm?p=PressReleases&ContentReco...

Press Releases Mar 25 2010 A Threat to Coal-Mining Businesses in Kentucky Washington, DC ? U.S. Senate Republican Leader Mitch McConnell released a statement Thursday regarding a Senate Environment and Public Works Committee (EPW) Minority staff report, which claims the Environmental Protection Agency?s (EPA) coal-mining permit approval process is having a negative impact on coal-mining jobs in Kentucky. ?The EPA has turned the Section 404 permitting process, already a cumbersome process to begin with, into an illegitimate, back-door means of shutting down Kentucky coal mines. This is outside the scope of their authority and the law. It represents a fundamental departure from the permitting process as originally envisioned by Congress,? McConnell said.

?This Senate needs to make it clear to the EPA that they must complete the permit review process in a timely manner, and provide complete transparency along the way to all sides. They cannot continue to impose a back-door ban on mining operations in Kentucky through an illegitimate process,? McConnell added. The EPW Committee Minority report estimates that roughly 3,500 mining jobs in Kentucky could be in jeopardy if the EPA doesn?t revise its permit approval process. ?Coal is a vital part of my State?s economy, and a vital part of America?s energy portfolio,? McConnell said. ?The EPA?s attack on this important Kentucky industry hampers the growth of jobs, and it especially hampers the growth of small business ? the greatest engines of job creation.? The full text of Senator McConnell?s statement is below: ?I rise to sound an alarm about a threat to coal-mining businesses in Kentucky. Coal is a vital part of my State?s economy, and a vital part of America?s energy portfolio. The coal industry creates over 60,000 jobs in Kentucky, including approximately 15,000 coal miners. More than half the country?s electricity is generated by coal, electricity those workers help generate. ?But this important sector of the economy now faces a back-door attempt to restrict coal mining, one that was implemented without a hearing or a vote by this administration?s Environmental Protection Agency. The EPA is overstepping its authority by using an approval process meant to assess the environmental impact of mining operations as a means to halt those mining operations altogether. ?According to one study by the Senate Environment and Public Works Committee, it could be estimated that roughly 3,500 mining jobs in Kentucky are in jeopardy if the EPA does not let go its stranglehold on the growth of that industry. And mining industry jobs are not the only jobs lost thanks to this wrongheaded, bureaucratic over-regulation. For every coal-mining job, 11 other jobs are dependent on it. That means up to 38,500 jobs in my State alone could be affected. ?Let me give a concrete example of how what the EPA is doing directly affects jobs. Out of 49 Kentucky applicants for permits under Section 404 of the Clean Water Act, only one application?that?s right, one?is actually under review. One out of 49. Actually, that should be one out of 42, Mr. President, because seven applicants were kept waiting so long by the EPA?s foot-dragging tactic that they had no choice but to withdraw their applications. ?After all, during this whole length of time that the EPA unfairly prolongs the process, mine operators must still spend resources to keep their mines ready to operate. Eventually paying these costs while earning no profit in return forces many of these businesses to just give up. ?While the rest of the permits are technically pending a review, Mr. President, in reality, they are in limbo and essentially dead as long as the EPA refuses to even begin its official review process. This ?run out the clock? tactic is bad news for Kentucky?s economy. ?I know I don?t have to tell my colleagues we are in a recession. Unemployment is higher than any of us would like it to be. In Kentucky it is 10.5 percent, higher than the national average. My highest priority as the Senator from Kentucky is to help everyone from my State who wants a job to find one. ?That?s why I must speak out against what the EPA is doing. Their attack on an important Kentucky industry hampers the growth of jobs, and it especially hampers the growth of small businesses?the greatest engines of job creation. ?The EPA has turned the Section 404 permitting process, already a cumbersome process to begin with, into an illegitimate, back-door means of shutting down Kentucky coal mines. This is outside the scope of their authority and the law. It represents a fundamental departure from the permitting process as originally envisioned by Congress. ?This Senate needs to make it clear to the EPA that they must complete the permit review process in a timely manner, and provide complete transparency along the way to all sides. They cannot continue to impose a back-door ban on mining operations in Kentucky through an illegitimate process. ?Let me add one more thing. The Section 404 permit review process is only one aspect of the EPA?s war on coal. They are also seeking to impose a back-door national energy tax by regulating carbon dioxide emissions from coal plants under the Clean Air Act, which will hurt our economy and endanger millions of jobs across the country. The Senate will have an opportunity to vote on the EPA?s actions in that regard in the near future.?

Aaron Isherwood Senior Staff Attorney Sierra Club Environmental Law Program 85 Second Street, 2d Floor San Francisco, CA 94105-3441 Phone: (415) 977-5680 Fax: (415) 977-5793

CONFIDENTIAL LEGAL COMMUNICATION/WORK PRODUCT This e-mail may contain privileged and confidential attorney-client communications and/or attorney work product. If you receive this e-mail inadvertently, please reply to the sender and delete all versions on your system. Thank you.

From: Jim Sconyers jim_scon@yahoo.com To: Aaron Isherwood aaron.isherwood@sierraclub.org Cc: ec@osenergy.org, Abby Chapple Abbychapple@aol.com, Allan Tweddle allantweddle@msn.com, Ann Devine-King ATDK@aol.com, Barb Howe barbara.howe@mail.wvu.edu, Barbara Fallon brbr_fallon@yahoo.com, Beth Little blittle@citynet.net, Bill DePaulo william.depaulo@gmail.com, Bob Warren nhisbobness@aol.com, Cheryl Peltier cheryl195825@yahoo.com, Dave Saville daves@labyrinth.net, Duane Nichols duane330@aol.com, Ed Milam Ed.Milam@occ.treas.gov, Gentry Peltier gentry_p@yahoo.com, Graeme Donovan donovanwg@comcast.net, Heather Heilman heatherheilman@yahoo.com, Jim Kotcon jkotcon@wvu.edu, Jonathan Rosenbaum freesource@cheat.org, Kevin Fooce fmoose39@hotmail.com, Marva Williams marvaevon@verizon.net, Mike Costello michael.costello@wvwild.org, Nate Askins nate.askins@gmail.com, Pam Klundt pamalasue922@verizon.net, Patricia Burkett janeandedward@yahoo.com, Paul Wilson pjgrunt@gmail.com, Regina Hendrix rh1936@frontier.com, Roberta Allison omaallison@suddenlink.net, Rodger Dotson bhaddaka@yahoo.com, Sally Wilts sallywilts@yahoo.com, Sandra Cress sandra.cress@gmail.com, Tina Price mariposa@suddenlink.net Date: 03/26/2010 10:47 AM Subject: Re: Sierra Club statement: EPA Recommends No Mining at Massive Mountaintop Removal Site

This is absolutely dynamite - - no, nuclear! Some stuff will surely hit the fan!! Amazingly, environmental justice is even included as one of the objections to Spruce.

Jim Sconyers jim_scon@yahoo.com 304.698.9628

Remember: Mother Nature bats last.

--- On Fri, 3/26/10, Aaron Isherwood aaron.isherwood@sierraclub.org wrote:

From: Aaron Isherwood aaron.isherwood@sierraclub.org Subject: Sierra Club statement: EPA Recommends No Mining at Massive Mountaintop Removal Site To: "Jim Sconyers" jim_scon@yahoo.com, "Regina Hendrix" reginahendrix999@gmail.com, "William DePaulo" william.depaulo@gmail.com Date: Friday, March 26, 2010, 1:07 PM

Breaking news...

Aaron Isherwood Senior Staff Attorney Sierra Club Environmental Law Program 85 Second Street, 2d Floor San Francisco, CA 94105-3441 Phone: (415) 977-5680 Fax: (415) 977-5793

http://action.sierraclub.org/site/MessageViewer?em_id=167241.0

For Immediate Release -- March 26, 2010 Contact: Oliver Bernstein, Sierra Club, 512.477.2152

EPA Recommends No Mining at Biggest Proposed Mountaintop Removal Coal Mine

Statement from Sierra Club Director of Environmental Quality Ed Hopkins

Washington, D.C. -- The U.S. Environmental Protection Agency (EPA) today recommended restricting or prohibiting mining at the nation?s largest proposed mountaintop removal coal mining site, the Spruce No. 1 Mine in Logan County, West Virginia.

In response the Sierra Club's Director of Environmental Quality, Ed Hopkins, issued the following statement:

"It is good to see the EPA applying more scientifically rigorous analysis to these permits. The best available science tells us that proposed mines like the massive Spruce Mine would pollute waterways, destroy mountains and devastate communities.

"We hope that the agency follows through on this recommendation. This massive mine would bury seven miles of streams, destroy thousands of acres of land and disrupt local communities. Mountaintop removal coal mining is an egregious environmental injustice and an embarrassment for America.

"Local residents have been actively challenging the approval of this permit at the Spruce No. 1 Mine in Logan County for more than twelve years. With the 40th anniversary of Earth Day approaching, it's time for the Obama administration to fix the Bush administration rulemaking that allows mines to fill waterways with waste."

EPA's proposed determination is attached.

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