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This news article originally provided by
The
Charleston Gazette
A challenge to water quality
waivers for dozens of mining operations should be thrown
out, coal industry lawyers told a state appeals board
Thursday.
Lawyers for more than 25 coal companies urged the state
Environmental Quality Board not to hear an appeal concerning
water quality waivers for the toxic metal selenium.
The appeal concerns the Manchin administration’s move to
give the coal industry three more years to fix violations of
the state’s limit on selenium.
Earlier this year, the state Department of Environmental
Protection extended selenium compliance deadlines for more
than 75 mining operations around the state.
In May, the West Virginia Highlands Conservancy, the Ohio
Valley Environmental Coalition and Coal River Mountain Watch
appealed the DEP actions to the Environmental Quality Board.
Industry lawyers asked the board to throw out the case.
They argue that the groups don’t have standing and cannot
bring appeals of multiple permits in one combined case.
“This is an unprecedented action in the history of the
Environmental Quality Board,” said Christopher Power, one of
the coal company lawyers.
But DEP lawyer Jay Lazell sided with the citizen groups,
saying that the board should have a full hearing to consider
the merits of the case. “It’s an easy decision for you,”
Lazell said.
Derek Teaney, a lawyer for the citizens, said that the
appeal challenged all of the orders in part because DEP
decided to issue the nearly identical orders for dozens of
mines all at the same time.
Teaney said that state law allows the move, and that
environmental groups thought it would be more efficient for
the board.
“We thought it would be easier to bring it all at once,”
Teaney said.
Joe Lovett, another citizen group lawyer, said that
filing individual appeals for each permit order — as the
industry demanded was required — would amount to a “full
employment for lawyers act.”
Selenium is a naturally occurring element that is found
in many rocks and soils. In very tiny amounts, it is an
antioxidant and is needed for good health. But in only
slightly greater amounts, selenium is highly toxic.
In humans, it can cause hair loss, nail brittleness and
neurological problems such as numbness. In aquatic life,
very small amounts of selenium have been found to cause
reproductive problems.
In 2003, a broad study of mountaintop removal coal mining
found repeated violations of water quality limits for
selenium in the water downstream from mining operations.
The following year, in 2004, the U.S. Fish and Wildlife
Service produced its own report, finding troubling levels of
selenium in fish downstream from mountaintop removal mines.
After the federal reports, coal industry lobbyists tried
unsuccessfully to persuade lawmakers and the DEP to relax
West Virginia’s water quality rules for selenium.
To contact staff writer Ken Ward Jr., use e-mail or call
348-1702.
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