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Killing Jobs

Prevent the EPA’s abuse of power

May 2, 2013

Most of us would be furious if we applied for a government permit to do something — such as remodel our homes — then, after having been granted it, were told the bureaucrats had changed their minds......

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judgeroywv

May-02-13 12:35 AM

Currently, under federal law, Congress can only act to say no to any of these desk riding idiots who, like in this instance, are only doing these things for political reasons. Our so called President decided to declare war on the coal industry, and when he can't get his legislation through Congress, orders his regulatory agencies to enact his policies (thus making him a dictator). Best way to change this is to change the law so that it takes Congressional approval before regulations can take effect.

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denver

May-02-13 5:05 AM

How dare the EPA change their minds when additional evidence is discovered that the action in question may result in human health impacts or serious environmental impacts! The EPA has a legal responsibility to protect public health and help maintain a healthy environment. Let them do their job.

Just more wingnut propaganda form Wheeling.

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manydemocrats

May-02-13 8:22 AM

Oh, this a JOB killing issue now. This couldn't be an issue merely supporting the ability of giant corporations to continue to RAPE the state of West Virginia. Granting the wealthy elite of right wing permission to destroy ""OUR""land, streams & air must be stopped. Just like the Keystone Pipeline the environmental damages are too great for the few jobs that it will produce. Thankfully, we finally have an administration willing to stand up against the giant corporations that have BOUGHT with their $$$ the politicians like McKinley and Manchin....YOU DISAGREE??? But the evidence is in their Campaign WAR CHEST ACCOUNTS.... Check it out for yourself... GET THE CORPORATE MONEY OUT OF OUR ELECTION PROCESS....

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gorilla

May-02-13 10:11 AM

The next EPA/Tree Huggers convention and the next session of congress the working class should turn out the lights and turn off the air conditioners. Then listen to who complains first and the loudest.

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AaronS

May-02-13 1:18 PM

"How dare the EPA change their minds..."

The EPA didn’t change their mind, Lisa Jackson changed it. The previous 5 EPA Administrators worked with Arch in the permitting process, ensuring the company adhered rules. Every question, comment and concern was addressed, for over a decade, under the scrutiny of the most stringent EIS in the history of the EPA. As a result, Arch reduced the size and scope of the mine to comply with the EPA and when all concerns and issues were addressed, the EPA issued a lawful permit.

And then because an administration with an agenda was elected, suddenly there is enough ‘additional evidence’ to warrant revoking the permit? Malarkey. The justification for revoking the permit was a major public hearing and 50,000 public comments” and an agenda. If the EPA had concerns, why didn’t they work with Arch as they had in the previous 11 years to ensure Arch was in compliance instead of simply pulling a legal permit?

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stinkbomb

May-02-13 3:53 PM

Who is writing this OPINION, and what is your relationship with Arch Coal?

Jobs are important, but they are HARDLY the most important criteria. I mean, if everybody drops dead of cancer, being unemployed is somewhat better than being dead.

By your logic, NOTHING matters but jobs. In your ranting, you've left out some important details. Instead of going on about how they allowed this, and now they won't, and how horrible government and the appeals courts are, and how abusive the EPA is, why couldn't you list some facts?

A few questions: Did the corp of engineers investigate environmental consequences? What exactly were the EPA's findings? Exactly, HOW did the EPA abuse their power? I know you think you covered that, but you didn't.

I don't hug tree frogs, but I don't think everybody is out to get me either.

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AaronS

May-02-13 4:06 PM

“Did the corp of engineers investigate environmental consequences?” Yes they did, for 11 long years. “What exactly were the EPA's findings?” Which time? They were involved with the study from the late 1990’s until a lawful permit was issued in 2007. They raised numerous questions and each time Arch answered them to EPA standards, hence the EPA’s approval of the project, again, numerous times. “Exactly, HOW did the EPA abuse their power?” A permit was issued legally and then revoked with no logical reason. It would be like you applying for a business license, receiving it and then after you’ve invested in getting ready for your grand opening the license is pulled because someone doesn’t like what you might do. Can you not see the implications from such actions?

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denver

May-02-13 7:14 PM

Killing Jobs! How many jobs are there on a strip mine? And how do you know there wasn't a logical reason giving?

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denver

May-02-13 7:28 PM

"More than six years ago, the U.S. Army Corps of Engineers approved the Arch Coal company's request for a permit to operate a surface mine in Logan County," Why do you keep saying that the EPA issued a lawful permit. It wasn't the the EPA that issued a permit, it was the U.S. Army Corps of Engineers

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denver

May-02-13 7:33 PM

AS for the logical reason, "EPA officials, claiming the mine would irreparably damage the environment and threaten the health of those living nearby, revoked the Corps of Engineers permit." sounds like a {logical reason} to me!

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denver

May-02-13 7:58 PM

The Spruce Mine was the largest mountaintop removal, {strip mine} permit ever proposed in West Virginia history, and its valley fills would have buried more than six miles of streams. I think It's time to end tearing the tops of our mountains, Out of state people make all the money, damage peoples homes, their water and then leave their God forsaken mess for the rest of us to see!

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AaronS

May-02-13 8:55 PM

Arch worked with the EPA and the DEP for 11 year’s dennie. This mine underwent the most stringent environmental study in United States history. The size and scope was reduced by almost 40%, due in large part to negotiations with the EPA and the DEP. When the permit was issued, EPA officials gave their approval.

The ‘additional’ information was a public relations ploy touting conditions at Dunkard Ck with the public essentially being told that if Spruce began operations, Logan County would suffer the same fate even though there was little to substantiate such a claim. I know because I was in a public forum where the claim was made. The public ate that up but they didn’t seem to want to hear representatives discuss how the valley fills, through negotiations with the EPA, had been greatly reduced and the number of streams affected was minimal.

Bottom line is, a permit was issued then revoked without cause. If you don’t see the problem, the shortcoming is yours.

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denver

May-03-13 5:07 AM

Why did it take 11 year’s little buddy?

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denver

May-03-13 5:09 AM

Irreparably damage the to environment and threaten the health of those living nearby, sounds like a good cause to me little buddy!

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AaronS

May-03-13 10:41 AM

What proof do you have that the harm was “irreparable?” The Cuyahoga River caught on fire numerous times and was said to have suffered irreparable harm during the 1950’s and 60’s but had improved so much by 1998 that the river was designated an American Heritage River in 1998 and today, aquatic life thrives in the river. The coal was said to have suffered “Irreparable harm” but with manmade structures placed at strategic locations, the flow of the river has increased resulting in less sedation and as a result was deemed reparable. It seems to me dennie that par the course, the facts disprove your comments.

I'm curious, do you ever get tired of being wrong?

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denver

May-03-13 6:11 PM

little buddy Id say filling in more than six miles of streams is Irreparably! Wouldn't you?

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denver

May-03-13 6:16 PM

little buddy, As for the Cuyahoga River, what do you think it would be like today if it hadn't been for President Nixon and the EPA?

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denver

May-03-13 6:32 PM

And guess who paid to clean up the Cuyahoga River? little buddy.

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denver

May-03-13 6:50 PM

As far as I'm concerned little buddy., Arch Coal can strip mine somewhere else! I like Beautiful, Wild and Wonderful West Virginia, Not West Virginia the wasteland, like the Cuyahoga River was before the EPA!!

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AaronS

May-03-13 10:39 PM

I support the EPA dennie as I realize there is a role for what they do with the Cuyahoga River being the perfect example. What I do not support is an out of control administrator exceeding her authority as Lisa Jackson did in this case. I’m quite confident that Chief Justice Roberts and his fellow judges will agree with that viewpoint and the DC circuit decision will be struck down.

As for the streams, 6 miles was the original number. The final number was nowhere near that amount and what remained, was either ephemeral or intermittent streams. You really should educate yourself and stop regurgitating mistruths and half lies.

As for southern WV and other areas home to MTR being wastelands, nothing could be further from the truth. Take a look at Mingo Central HS, the Twisted Gun golf course or the miles of roads and other infrastructure that set on former MTR sites and see for yourself. Or don’t and remain ignorant; the choice is yours.

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denver

May-04-13 6:11 AM

"little buddy" who said Lisa Jackson exceeded her authority in this case?

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denver

May-04-13 6:11 AM

As for remaining ignorant, who wrote " the EPA issued a lawful permit"

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denver

May-04-13 6:22 AM

As for remaining ignorant, who wrote " the EPA issued a lawful permit"

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denver

May-04-13 6:29 AM

And little buddy :) "YOU" really should educate "YOURSELF" and stop regurgitating mistruths and half lies. Building golf courses and roads on old strip mines dose nothing about the The Environmental Impact of Strip Mining.

Again who said Lisa Jackson exceeded her authority in this case?

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AaronS

May-04-13 8:48 AM

Judge Amy Berman Jackson ruled the EPA exceeded its statutory authority under section 404(c) of the CWA by withdrawing the site specification after the Corps had issued the permit. It takes a mind a little above yours dennie but the crux of the decision is that Judge Jackson interpreted the section to mean that essentially an administrative action only has authority to carry out administrative duties and that revoking the permit was a legislative action, which she (rightly) states is the authority of Congress. The DC circuit disagreed so now it will be appealed, even though Patriot Coal has agreed to cease MTR mining, to the Supreme Court of the United States. While no one can state with certainty, the consensus of the legal community is that the Roberts Court will disagree with the DC circuit. I wish I could explain it in a manner you understand but it’s difficult to dumb myself down to your level.

Sorry.

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