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Court Rules In Favor Of EPA Veto

Federal judge says agency has power of retroactive cancellation

April 24, 2013

MORGANTOWN, W.Va. (AP) — The U.S....

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Apr-24-13 7:08 AM

The sky is falling. The sky is falling. Republican candidates might want to talk to the 50,000 public comments before ruffling to many feathers. “in 40 years, the agency has issued only 13 final determinations under section 404(c), and only three of those actions withdrew specifications authorized under active permits.” Are we to believes that every permit deserves to be issued without question? Or sometimes maybe it just doesn't add up?

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Apr-24-13 7:30 AM

Good point WVCoffee. It is also interesting that an Obama appointee ruled against EPA originally, and then 3 GW Bush appointees overturned her, unanimously in favor of EPA.

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Apr-24-13 7:39 AM

You idiots wonder why the unemployment rate in the USA is a chronic 8%, this is WHY.

When everybody is broke and living in caves the EPA will still want to regulate campfires.

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Apr-24-13 7:59 AM

EPA gave the company an opportunity to modify the permit. A more ecologically friendly alternatives analysis showed that would've only cost them 50 cents more on the ton to produce under that alternative. Instead they paid millions to fight EPA for the right to bury 6.6 miles of high quality streams under mine spoil. In the meantime, Arch also spending millions fighting to take away retired miners pensions and health benefits...

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Apr-24-13 8:41 AM

I am no fan of mountain top removal and would like to see them forbidden but in fact they are not. So we have a case where a coal company applied for and was issued a permit to do that procedure, and now the more left current EPA decides that they are going to go back in time and rescind that permit? This is banana republic government at its finest. I suppose WV should pay attention to this, after all if we do not vote for Hillary in the next election, to extend the madness, the Feds may go back in time and rescind WV's statehood. When political cultism over rules due process, then democracy is in trouble. We already are seeing that left wing moonbeams want to alter government and the Constitution. Have to get rid of Congress though because as set up in the Constitution it gives those darned people a say in their lives, and letting others speak is sooo dangerous. We have seen that with FOX News, silence free speech, its upsetting! Crush due process. It's for your own good.

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Apr-24-13 9:38 AM

The closing of coal fired power plants and lack of construction in the US is causing global coal prices to drop. The US is exporting coal. We are helping fuel world economy in places like China, India, and Germany at the expense of the United States.

Due to the lower coal prices, Germany, for instance is scheduled to start up 6 brand new coal fired power plants this year, to replace aging nuclear units. Total capacity of the new units will be 5800 Mw. By 2020, a total of 20 new coal fired stations are scheduled to come on line in addition to 27 new gas fired stations.

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Apr-24-13 10:50 AM

The science staff at EPA, USFWS, DEP, etc are mission driven. Political power comes into play during the permit decision. So EPA initially wanted to reject and further modify the Spruce permit as written, but Bush admin wouldn't let them. Under Obama they were allowed to proceed with permit withdrawal based on the newer science. Staff level scientists' recommendations are always at the whim of non-science political ideology, lobbyists, and special interests. It will always be this way.

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Apr-24-13 11:27 AM

This is way over my head. But one thing is certain- The EPA and other agencies are overstepping their authority. Trouble ie- congress is too weak or too loyal to Obama to do anything. After Southern W V is gone they will all be on food stamps.

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Apr-24-13 3:13 PM

Apparently Whee, the Federal Court of Appeals disagrees with you. But, I'm sure you know more than them. IDIOT!

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Apr-24-13 3:16 PM

Apparently Triton, the Court disagrees with you. But you're the frigging expert. rof****

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Apr-24-13 5:00 PM

a clean place to live is a high rather than low standard of living and that means living and healthy. Exploitation by energy companies is an attack that leaves victims behind..the assets are off-shore in those tax free accounts you read about.Contamination of the water, air and ground is production of deathly areas where life is impossible. As I stood on Kayford Mountain and looked down at the wasteland below, I prayed for God to bless the Gibson family who stood their ground and saved their farm. where are you standing today?

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Apr-24-13 5:11 PM

The whole deal smells like a lot of subsurface Fed-level political infighting. Maybe when people are given the opportunity to learn just how valuable Coal is, or how much more valuable Coal can become, the press will start paying more attention to proceedings like this permit dispute, and drive away the corrosive mold growing in the shadows with a little sunshine. For instance, "United States Patent 8,366,902 - Methods and Systems for Producing Syngas; 2013; Assignee: Battelle Energy Alliance, LLC, (Idaho National Laboratory); This invention was made with government support under Contract Number DE-AC07-05ID14517 awarded by the United States Department of Energy" was issued just a few months ago. It is confirmation, by the US Government, that a process, developed by the US Government, can convert Coal into any and all sorts of liquid hydrocarbons, with no, or almost no, co-production or emission of CO2.

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Apr-24-13 8:45 PM

This decision is simply common sense. Permit reversals are a fact of life in medicine, the chemical industry, and a host of other areas requiring government oversight. Permits are not carved in stone. If and when it can be shown that there are legitimate concerns for serious environmental damage or threats to human health the EPA has the responsibility to take action. That's their job!

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Apr-25-13 2:18 PM

The broad sweeping powers granted the EPA was founded in the belief that the agency would be run in an objective, scientific manner. The obvious leftist political bias seen for decades shows that was a stupid assumption.

Bear in mind, when the EPA was established, the local air pollution index was part of the daily weather report in Pittsburgh. Problem is, once you fix the real problems the regulators do not go away. They just keep writing new rules to save their jobs.

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Apr-25-13 4:07 PM

The only people willing to go on the band wagon for coal are the few who are left in "Coal Country" because few others would want to live in a place that is poluted and fewer still, have any enthusiasm for mining the stuff. If the Coal economy was so great; why did a place like Harrison County, once wealthy, become a land of people on welfare, small villages left with older people, few jobs in the area that pay wages close to middle class?

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