This news story originally provided by The Charleston Dispatch

Pollution

Washington obstacle

DISTURBINGLY, the Bush administration in Washington seems to be blocking some federal experts in West Virginia from trying to prevent acid mine drainage that turns creeks orange, devoid of life.

At issue is a proposed Mettiki Coal Co. mine on the Grant-Tucker county line. Two years ago, the state Department of Environmental Protection denied a permit, saying the mine would be a perpetual source of acid seepage.

But the DEP narrowly reversed itself last year, after Mettiki agreed to pump polluted water back inside an underground shaft and treat it with alkali before releasing it into streams. DEP estimated that 17 years of treatment would be required before the mine becomes acid-free.

However, as reporter Ken Ward Jr. outlined, three hydrologists on the U.S. Office of Surface Mining’s West Virginia staff cited numerous potential problems with the permit. They called the proposed treatment “an experimental method ... which has not been successful elsewhere.” They said the discharged water may contain 30 times the legal limit of iron for several future decades.

Because of these concerns, the director of OSM’s Charleston field office opened an investigation of the permit. But the state DEP objected to this federal review of the state’s decision. By law, DEP is allowed to police the coal industry, and OSM is supposed to ensure that the state agency performs adequately.

In Washington, Interior Department chiefs halted OSM’s West Virginia probe. An assistant Interior secretary wrote: “Permit decisions and any appeals are solely matters of the state jurisdiction in which OSM plays no role.”

Wait a minute. How can the federal agency guard against West Virginia pollution if it is forbidden to question state mine permits? Charleston lawyer Joe Lovett, representing three nature-loving groups, plans to challenge the Washington action.

“OSM professionals documented the problems with the mine plan,” he said, “and the Department of Interior won’t let the experts in OSM do anything about it.”

West Virginia’s coal must be mined, to meet America’s ravenous energy needs. But mining firms should follow high standards to protect the Mountain State’s natural beauty and clear streams.

We hope the state’s representatives in Congress make an inquiry to learn why the Bush administration seems to be thwarting federal efforts against pollution in West Virginia.