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Prevent EPA’s Abuse of Power

April 26, 2013

Most of us would be furious if we applied for a government permit to do something — say, remodel our homes — then, after having been granted it, were told the bureaucrats had changed their minds an......

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Apr-26-13 12:54 PM

Another one-sided article on evils of the EPA. How dare they change their minds when additional evidence is discovered that the action in question may result in human health impacts or serious environmental impacts??? If a doctor does an examination and gives you a clean bill of health but later gets back the results of a test that indicate possible early cancer should he stick with his first diagnosis? The EPA has a legal responsibility to protect public health and help maintain a healthy environment. Let them do their job.

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Apr-26-13 1:09 PM

Wheeldog, I kind of get what you're saying, however I think the EPA should minimize the impact and number of their "mulligans". I think in this case, they are heading down a very slippery slope. A decision like this could sink a company that essentially has done nothing wrong. I realize they hadn't started mining yet, but what if they had? That would be like you investing your life savings in a small business and then filing for bankruptcy a month later.

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Apr-26-13 3:43 PM

Senators Manchin and Rockefeller just reintroduced the EPA Fair Play Act. It's a piece of legislation that would prevent the EPA from retroactively vetoing permits; and, it was the first piece of legislation Manchin introduced as a US Senator in 2011. The EPA had originally vetoed the Logan County Spruce Mine permit back in 2006, we think, but Manchin, while still governor, sued them, as we understand it, and something gave. This recent veto might be as much political payback as anything else. The West Virginia State Journal has followed it over the years and might have some archived info on their web site.

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Apr-26-13 4:46 PM

Idlike, you make a good point. No government agency should be arbitrary and capricious in their rulings, and they should do a thorough job of checking a permit or license application before giving it a pass. However, the bottom line still has to be the welfare of the affected public and the protection of environmental quality. When it can be shown that some EPA official has been sloppy in their work they should be disciplined - including being fired. FWIW, I have fired government employees - it can be done.

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Apr-26-13 6:02 PM

According to the signed FD documents on EPA's website, the company had already mined the mountain across the road and had an active job filling an adjacent stream. Looks like the monitoring data was bad enough that the EPA acted to veto the other 2 streams from being filled. This all began with the landmark Bragg v. Robertson in 1999. I'm sure the company knew things might not go their way (mining another 2,500 acres), 13 yrs ago. Time for the company engineers to roll up their sleeves and design another permit that minimizes the impacts. I'll bet EPA will approve if handed a better permit.

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Apr-28-13 7:14 PM

The Federal policy is now natural gas for power:globally.Coal is on the way out.

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