Shortly after his inauguration, Obama won praise from the green lobby for taking a skeptical view of the mining process. And in March the EPA announced it would review the mountaintop projects, breaking from the Bush administration's practice of granting permits with little or no scrutiny.
The EPA has the authority to block mountaintop removal under the Clean Water Act. But if the agency raises no objections, the final decision on projects is made by the Army Corps of Engineers, which historically has approved mountaintop mining. The corps previously had indicated its intention to approve 48 pending permits.
For The Record
Los Angeles Times Thursday, June 04, 2009 Home Edition Main News Part A Page 4 National Desk 1 inches; 42 words Type of Material: Correction
Mountaintop mining: A headline on an article in Sunday's Section A said mining had been approved on mountain peaks. The Environmental Protection Agency said it wouldn't block the mining projects, but the final decision is up to the Army Corps of Engineers.
For The Record
Los Angeles Times Sunday, June 07, 2009 Home Edition Main News Part A Page 4 National Desk 1 inches; 44 words Type of Material: Correction
Mountaintop mining: A headline on an article in the May 31 Section A said mining had been approved on mountain peaks. The Environmental Protection Agency said it wouldn't block the mining projects, but the final decision is up to the Army Corps of Engineers.
Although environmentalists had expected the new administration to put the brakes on mountaintop removal, Rahall and other mining advocates have pointed out that Obama did not promise to end the practice and was more open to it than his Republican opponent, Arizona Sen. John McCain.
A review of Obama's campaign statements show that he had expressed concern about the practice without promising to end it. On a West Virginia visit, when asked about the impact of the mining on the state's streams, he said he wanted "strong enforcement of the Clean Water Act," adding: "I will make sure the head of the Environmental Protection Agency believes in the environment."
And his EPA administrator, Lisa Jackson, has said that the agency had "considerable concern regarding the environmental impact these projects would have on fragile habitats and streams." She pledged that the agency would "use the best science and follow the letter of the law in ensuring we are protecting our environment."
Soon afterward, the agency in effect blocked six major pending mountaintop removal projects in West Virginia, Kentucky and Ohio.
But this month, after a series of White House meetings with coal companies and advocates including Rahall and Democratic West Virginia Gov. Joe Manchin III, the EPA released the little-noticed letter giving the green light to at least two dozen projects.
"It was a big disappointment," said Joan Mulhern, a lawyer for Earthjustice, an environmental law firm that has led court challenges to mountaintop removal. "It's disturbing and surprising that this administration, headed by a president who has expressed concern about mountaintop removal, would let such a large number of permits go forward without explanation."
Mulhern charged that the EPA "blew off" Jackson's earlier promises that the agency would adhere to science and would conduct an open process.
