Citizens Rally Behind Legislation to Halt Mountaintop Mining

Cerulean Warbler. Photo: © Bill Hubick

Representatives Frank Pallone (D-NJ) and Dave Riechert (R-WA) have introduced legislation that could bring an end to the environmentally devastating process of mountaintop coal mining. The bill, H.R. 1310, would amend the Clean Water Act to clarify the definition of “fill material” and prevent mountaintop mining waste from being dumped into nearby valleys. The bill currently has 155 cosponsors.

Senators Ben Cardin (D-MD) and Lamar Alexander (R-TN) have introduced a companion bill in the Senate, S. 696, “The Appalachia Restoration Act”, which accomplishes the same task. If the legislation passes and is signed into law, it would force the Army Corps of Engineers to re-evaluate how it issues permits for mountaintop mining.

“This legislation is essential to keep mountaintop mining operations from inflicting irrevocable damage to mountain forest and riparian ecosystems that many bird species depend on,” said Darin Schroeder, American Bird Conservancy’s Vice President of Conservation Advocacy. “By taking action today, citizens can help the Cerulean Warbler and other bird species of conservation concern.”

Citizens are being encouraged to contact their lawmakers and urge them to cosponsor the legislation by visiting ABC’s automated citizen action system www.abcbirds.org/action.

Mountaintop removal/valley fill coal mining is America’s most destructive mining practice. Entire tops of mountains are removed to access coal seams, and millions of tons of rock and fill are dumped into surrounding valleys, burying streams and their aquatic life, and decimating forests. More than 1,200 miles of streams and river valleys in Virginia, West Virginia, Kentucky, and Tennessee have been buried by mountaintop mining activities so far.

The most notable bird species harmed by this practice is the Cerulean Warbler, which prefers mature forests on ridgetops, and whose core breeding range falls within the Appalachian coalfield region. Since surveys began the 1960s, the Cerulean Warbler population has declined by 70%. Many other bird species that rely on interior forests in the region are also impacted.

Fortunately, mountaintop mining is facing growing public opposition and government scrutiny. New legislation could put an end to the destruction, and the Environmental Protection Agency is finally taking a closer look at new mining applications. Last week, the EPA sent a letter asking the Army Corps of Engineers to halt one of the largest mountaintop removal operations in West Virginia. EPA also announced that it would review another 79 proposed permits. The EPA’s initial reviews of the projects found that they would cause water quality impacts, requiring a more detailed review under the Clean Water Act.

“This long overdue oversight is a welcome step in the right direction,” said Schroeder.

There are better alternatives to generating power than by burning carbon-heavy coal, and other means to create jobs in the region. Currently nearly a million acres of degraded mine lands in Appalachia need to be reforested. Thousands of jobs can be created by carrying out this work, with the long-term benefits of expanding wildlife habitat, particularly interior forests, and providing clean water supplies.

George Fenwick, ABC’s President, recently published a blog on the Huffington Post, Green Forest Works for Appalachia: A Win-Win-Win for Jobs, Forests, and Birds which discusses this green jobs restoration opportunity.