Mining the Mountains
Explosives and giant machines are destroying Appalachian peaks to obtain coal. In a tiny West Virginia town, residents and the industry fight over a mountain's fate
- By John McQuaid
- Smithsonian magazine, January 2009, Subscribe
(Page 6 of 7)
West Virginia's political establishment has been unwavering in its support for the coal industry. The close relationship is on display every year at the annual West Virginia Coal Symposium, where politicians and industry insiders mingle. This past year, Gov. Joe Manchin and Senator Jay Rockefeller addressed the gathering, advocating ways to turn climate-change legislation to the industry's advantage and reduce its regulatory burdens. "Government should be your ally, not your adversary," Manchin told coal-industry representatives.
Without such backing, mountaintop removal would not be possible, because federal environmental laws would prohibit it, says Jack Spadaro, a former federal mining regulator and a critic of the industry. "There is not a legal mountaintop mining operation in Appalachia," he says. "There literally is not one in full compliance with the law."
Since 1990, U.S. policy under the Clean Water Act has been "no net loss of wetlands." To "fill" a wetland, one needs a permit from the U.S. Army Corps of Engineers, which is supposed to evaluate the environmental effects and require mitigation by creating new wetlands elsewhere. If the potential impact is serious enough, the National Environmental Policy Act kicks in and a detailed study must be done. But the coal-mining industry has often obtained the necessary dumping permits without due consideration of possible environmental impacts.
The Corps has admitted as much in response to lawsuits. In one case, the Corps said it probably shouldn't even be overseeing such permits because the dumped waste contained polluting chemicals regulated by the EPA. In another case, brought by West Virginia environmental groups against four Massey Energy mining projects, the Corps conceded that it routinely grants dumping permits with virtually no independent study of the possible ecological fallout, relying instead on the assessments that coal companies submit. In a 2007 decision in that case, Judge Chambers found that "the Corps has failed to take a hard look at the destruction of headwater streams and failed to evaluate their destruction as an adverse impact on aquatic resources in conformity with its own regulations and policies." But because three of the mining projects challenged in that case were already underway, Chambers allowed them to continue, pending the case's resolution. Massey has appealed the case to the Virginia-based United States Court of Appeals for the Fourth Circuit, which has overturned several lower court rulings that went against mining interests.
In 2002, the Bush administration rewrote the rule defining mountaintop mining waste in an attempt to work around the legal ban on valley fills. This past October, the Interior Department, pending EPA approval, did away with regulations that ban dumping mine waste within 100 feet of a stream—a rule that's already routinely ignored (though the EPA recently fined Massey Energy $20 million for violations of the Clean Water Act).
Industry critics say they're also hampered by West Virginia regulations that protect private interests. The vast majority of West Virginia acreage is owned by private landholding companies that lease it and the mineral rights to coal companies. And while industrial land-use planning is a matter of public record in most states, not so in West Virginia. As a result, critics say, mountaintop projects unfold slowly bit by bit, making it hard for outsiders to grasp a project's scale until it's well underway.
In Ansted, residents say they can't even be sure what's coming next because the coal company doesn't explain its plans. "They will seek permits on small plots, 100- to 300-acre parcels," said Mayor Hobbs. "My sense is, we should have a right to look at that long-range plan for 20,000 acres. But if we got to see the full scope of those plans, then mountaintop removal would stop," because the enormousness of the affected areas would stoke opposition.
The standoff is frustrating to Hobbs, who has been unable to reconcile the coal industry's actions with his town's ambitions. "I'm a capitalist," he said. "I worked for a major corporation. I'm not against development. It's troubling—I see tourism and economic quality of life as the only thing that will last beyond a 15- to 20-year economic cycle. And with mountaintop removal, that is at risk. And even if we dodge that bullet, the next community may not."
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Comments (68)
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You don't Need rich's you Need you
Posted by on January 29,2013 | 06:17 PM
the epa is fooling you people,the so called streams that are covered up are not streams,they are run off when it rains for several hours and now the run off is controlled by ponds which before the water went every where causing destruction and flooding,also who are the people who have a death certificate that says they died from selinium,no such people.when all you retired miners loose your monthly check dont start yelling for the umwa,that will be gone to my friends,just wait for the gov. to pay that check,....you still waiting.......is you stomach growling yet...........
Posted by terry glandon on November 16,2012 | 08:37 AM
I spotted this fearsome-looking insect in our garden recently which I quickly discovered was not as alarming as it looked. The Wasp Beetle is harmless, and merely uses similar warning markings in order to provide itself with protection from predators enjoyed by wasps. This is called ‘mimicry’ and, more specifically in relation to evolutionary biology, it is a form of ‘Batesian’ mimicry. Henry Walter Bates (1825-1892) was an English explorer and naturalist who spent many years in the Brazilian rain-forest and noticed that certain harmless species appear to adopt certain characteristics of other species which are poisonous or otherwise distasteful. This type of mimicry can take several forms: it may be the mimicry of a smell (or pheromone) or it may take the form of a similar defensive noise or call, or even a similar posture.
Posted by machine à sous on October 23,2012 | 07:26 AM
My grandfather was a cole miner and he die in the cole mines. He was a great person and a great father my dad told me. I neaver got to my my grandfather he died when my father was 9 years old. But we have a picture of him so we would know who he was and what he looks like. When my father was young they lived in the tazwell Va mountians. About 5 years ago my father showed us where my family lived and the 3 bedroom house is gone that my grandfather build with his own two hands. The property is own by another family that we do not know. My father also showed us where my grandfather cole mine at and was not to far from the house that once stand. My grandparents had 12 kids 6 boys and 6 girls to feed and take care of. My dad family name is Smith and me and my brother is proud of are name and my grandfather that work and died to take care of are family. And where are family came from.
Posted by Ulissa on August 21,2012 | 01:30 PM
mountians are very intersting and sometime they are not safe but i can tell you one thing that mountains are very sciencey.(l)
Posted by mmb on August 15,2012 | 04:26 PM
I was born in Logan, W. Va. In 1937. It has always been this big companies from out of state getting the wealth and leaving the people of W.Va. holding the cleaning duty. This done with crooked people who are elected to office. I fought Vietnam and now live in the state of Washington in City of Spokane in eastern Wa. I will love W.Va. always.
Posted by J.R. Ashworth on April 8,2012 | 08:32 PM
B Johnson, unfortunately recovery from mountain top removal is not that simple! It makes it not only difficult but almost impossible for most plants to grow there once the land has been raped like that... coal companies are lucky if the can get a nice carpet of grass and twig like trees to grow there let alone the magnificent forests the once grew there!!! I am from Kentucky and have witnessed first hand the dramatic alteration of the landscape post mountaintop removal and it is terrible!!!!!
Posted by Jenna on February 20,2012 | 12:00 AM
Make the mine companys replace the trees and mountain tops that they tear down, after the coal is removed,
Posted by B Johnson on February 8,2012 | 12:14 PM
ok people you need to look at it this 50% of the united states come from right here in west virginia i no it aint great but if you take out coal mining you might as well take out 50%+ jobs and the last coal miner out of west virgina might as well turn off the lights
Posted by Shannon Jarrell on January 24,2012 | 08:06 PM
The mine only covers about 16 square miles... still bad but its not 80.
Posted by Mitchell Jones on December 11,2011 | 04:38 PM
I THINK THEY SHOULD STOP IT RIGHT NOW BEFORE IT GOES ANY FARTHER!
Posted by Brooklynn paige on February 17,2011 | 10:22 AM
why are there no Pictures of Tunnel Ridge Coal Company, Wheeling West Va? Tried to find on internet, no go!
Posted by john on October 15,2010 | 10:47 PM
Good article. Thank you for writing it. We the American people need to be informed. The word needs to go out. I'm renewing my Smithsonian Mag. subscription on account of this article. Good solid journalism.
I'm not from West VA. but I'm an American, and this is happening here in America. I wrote letters to my congresswoman, senators and president, and others, hoping someone would listen. I vacationed their when I was a kid, many years ago. its beautiful. Makes me want to weep.
We are so wasteful and so stupid when it comes to Energy.
Is this really 2009? What happen to innovation? we should be done with Coal and Oil by now.
Posted by Cowboy on June 21,2009 | 04:55 PM
Thanks for a fine article. Can't help but wonder who wrote the description in the magazine's table of contents, which passed this off as enviros "screaming and yelling" while coal companies go about their business. Credible scientific sources are providing lots of information about the true cost of coal-fired power, from the time a mountain top is blown up through dumping into streams, release of toxins and CO2 while burning (about half the soot - PM 2.5 - in the US, and single largest point source of mercury in our air and water), through the dumps that sometimes break and flood surrounding areas. Would also note that the wind power industry now employs more people than the 82,000 who mine coal in the US. And we still have to source about 60% of the parts for wind turbines in Europe, because we don't make them in the US. Time for a change.
If we use the conservation and energy efficiency now available, we can stop building coal-fired power plants right now.
Posted by Diana Christopulos on April 20,2009 | 05:54 PM
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