On June 11, 2009, the federal government announced that the Environmental Protection Agency (EPA), the Department of the Interior (DOI), and the Army Corps of Engineers (COE) entered into a Memorandum of Understanding (MOU) and "Interagency Action Plan" regarding "Appalachian Surface Coal Mining." The MOU and Action Plan will govern federal agency regulation of the mining industry in West Virginia, Kentucky, Virginia, Ohio, and Pennsylvania.
Pursuant to the MOU and the Action Plan, the federal agencies will strengthen their involvement in the regulation of the mining industry in Appalachia. Among the items noted in the documents is that the federal agencies will undertake more stringent review of the approximately "108" pending permit applications (which include not only surface mines but also deep mine facilities) and all future permit applications. In addition, the MOU and other documents suggest that the federal agencies will undertake a more active role in their "oversight" of state permitting programs. Also, the COE will propose a rule to eliminate the use of Nationwide 21 general permits which authorize the discharge of fill material into streams by the mining industry in Appalachia. The documents contain numerous action items to be undertaken by the federal agencies to further regulate the mining industry. We have included a link to each of the documents for your review.
Click any of the following links to view the full federal government documents:
1.
Letter dated June 11, 2009 from EPA to the COE;
2.
A joint EPA and COE action plan entitled "Enhanced Surface Coal Mining Pending Permit Coordination Procedures," which was announced by the federal government on June 11, 2009; and,
3.
The Memorandum of Understanding "Implementing the Interagency Action Plan on Appalachian Surface Coal Mining," also introduced on June 11, 2009.
Further review of the three documents will provide the details of the federal agencies' proposed actions to strengthen their regulation of the Appalachian coal mining industry.
Robert D. Pollitt
Chase Tower - Eighth Floor
707 Virginia Street E.
Charleston, WV 25301
PO Box 1588
Charleston, WV 25326-1588
Phone (304) 353-8000
robert.pollitt@steptoe-johnson.com
This alert is a periodic publication of Steptoe & Johnson PLLC and should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances. The content is intended for general information purposes only, and you are urged to consult your own lawyer concerning your own situation and any specific legal questions that you may have. For further information about these contents, please contact Steptoe & Johnson PLLC.