|
Archived Water Issues:
October 2006
August 2005
April 2004
November 2003
|
 |
Court victory in the anti-degradation
litigation August 29, 2003.
As we noted in our September update, Federal Judge Joseph R. Goodwin ruled in favor of the 25 environmental groups we represented in a 2002 lawsuit. He agreed that West Virginia's Clean Water Act anti-degradation implementation plan for the state's waterways did not comply with federal law. In ruling that the U.S. Environmental Protection Agency (EPA) had approved an illegal anti-degradation implementation plan for WV's waterways, Goodwin adopted our arguments and held that "West Virginia's regulations simply fail to require the minimum protections required by the EPA's regulation."
Environmentalists in many states have been looking at the anti-degradation provision of the Clean Water Act as a way to protect waterways from unnecessary pollution and what they see as the Bush administration's pro-polluter, anti-clean water agenda. Our court victory sets a national precedent for stream protection.
Because of Judge Goodwin's ruling, the Sate of West Virginia is now required to re-write the regulations so that they are as stringent as the federal Clean Water Act. Center staff will continue to be vigilant and involved throughout this process to stop any mischief in rewriting the regulations. Without this pressure, we cannot be assured that the State's anti-degradation implementation plan will be designed to protect the environment and to comply with federal law
WVDEP responds to Coal
Report November, 2003.
Earlier this year the Appalachian Center and the West Virginia Rivers Coalition released a detailed report on WVDEP's failure to comply with the Clean Water Act when issuing discharge permits to coal mines: "COAL MINING AND THE CLEAN WATER ACT: why regulated coal mines still pollute West Virginia's streams." After meeting with environmental representatives and months of deliberation, the WVDEP has finally responded to the report. And while the response falls far short of what is necessary to protect our streams from illegal coal mining discharges, WVDEP has agreed to modify their procedures in some areas. Over the next year, Center staff will continue to challenge WVDEP procedures by appealing weak coal mining discharge permits that do not comply with the Clean Water Act to the Environmental Quality Board and State courts.
Environmental Quality
Board
During the legislative session. Industrial trade associations (the Coalition) have again joined forces to make abolishing the Environmental Quality Board (EQB) their number one legislative priority. The EQB sets standards for water quality and hears appeals of DEP water permitting decisions. The EQB is comprised of five gubernatorial appointees who over the past two decades have been overwhelmingly pro-industry. However, in the recent past the Board has promulgated new water quality standards and staved off a number of industry proposals for weakening existing protections. Apparently, this is not acceptable to polluters. Last legislative session the Coalition attempted but failed to replace the EQB with an industry friendly group of agency heads that among others included the Department of Highways, Development Office, Department of Agriculture, and Division of Forestry. The Coalition knows that if the EQB is replaced with representatives from those agencies, it will get 100% of what it wants from the Board. The Coalition is telling anyone who will listen that it is stepping up its efforts during the upcoming legislative session to have its way by replacing the current EQB. The Center plans a legislative campaign to maintain the existing composition of the EQB. Failing that, however, the Center will be vigilant in assuring that the new Board, however constituted, complies with the federal Clean Water Act.
West Virginia Water Pollution Trading Stakeholder
Committee
Margaret Janes, the Center's Senior Policy Analyst, represents citizen and environmental interests on the WV Water Pollution Trading Stakeholder Team. The group, with members from the coal industry, agriculture, forestry, chamber of commerce and citizen and environmental groups is charged with making recommendations about a potential water pollution trading program in West Virginia. Many anticipated trades would occur between active and abandoned coal mines. Margaret's strong and experienced voice for environmental protection is critically important to counter the special interest campaign by the coal industry and the Chamber of Commerce to weaken trading rules and even amend the Clean Water Act. If necessary, we will bring legal action against any rule or permit that does not comply with all state and federal laws. The Trading Committee will meet until mid 2004. A final trading rule will likely be promulgated in 2005.
Nutrient Water Quality Criteria for West
Virginia
EPA has mandated states to establish nutrient (nitrogen and phosphorus) water quality criteria. Nutrient pollution is responsible for a large oxygen-depleted hypoxia area in the Gulf of Mexico called "the dead zone" and devastating pollution in the Chesapeake Bay. As a headwaters state, West Virginia contributes nutrients to both of these problem areas. In response, West Virginia has established a Nutrient Technical Committee that is charged with recommending nutrient criteria to the Environmental Quality Board. Margaret Janes was appointed to the committee. As you might imagine, industry resistance to regulations that will protect the environment is strong. Industry trade associations have repeatedly attempted to undermine the legal mandates of the Clean Water Act. Because downstream impacts are a crucial consideration in standard setting, the WV Department of Agriculture continues to attempt to deny the significance of West Virginia's contribution to the impairment of the Chesapeake Bay. Center staff will continue to work for strong and protective standards and counter special interest efforts to undermine the process.
New Confined Animal Feeding Operation (CAFO)
Permits
Final federal rules for CAFO Clean Water Act water discharge permits became effective in April of 2003. WV has until April of 2004 to establish a CAFO permit for West Virginia. The permit will cover many large poultry facilities in the Potomac Headwaters and is one of the few chances to rein in the devastating pollution from factory poultry farms to the Potomac Headwaters and the Chesapeake Bay. The waste generated by poultry farms in the Potomac basin exceeds that generated by the entire human population of West Virginia. Currently, disposal of poultry waste is handled strictly on a voluntary basis. The WV Farm Bureau and the WV Department of Agriculture have joined forces to try to convince WVDEP to promulgate a weak CAFO permit. Center staff is integrally involved in the permit development. The Center's ability to challenge any permit that does not comply with state and federal law provides some incentive for the WVDEP to draft a permit that complies with the Clean Water Act. A draft CAFO permit is expected to be released for public comment in January of 2004.
|
|
