Citizens deserve accountability on mining
Editorial was published in the News Sentinel on February 13, 2006
At the risk of sounding like a whiny 6-year-old, we have this to say about the U.S. Office of Surface Mining and the Tennessee land it was supposed to shield from harm: It's not fair.
Worse than not fair, in the adult world of government regulations and the citizens those regulations are suppose to protect, it's unreasonable and irrational.
Here's what happened. Last year, a 23-acre section of a reclaimed strip mine on remote High Point Mountain slid into the drainage of Smoky Creek in the Sundquist Wildlife Management Area. The landslide in Scott County has been dumping sediment into a tributary of the New River for 12 months, endangering aquatic life and clouding the water for miles downstream.
OSM has acknowledged in an internal report that flawed permits were issued to the now-defunct Industrial Fuels Inc., of Oneida, Tenn., in the 1980s, and the agency failed to enforce regulations after it discovered the company wasn't following the regulations.
OSM inspections found that Industrial Fuels mined unapproved areas and dumped spoil in restricted places. The company also didn't mine the seams in the appropriate sequence. After the mine was reclaimed, the report said the company failed to demonstrate the slope was stable, even though performance standards required it.
In addition, OSM knew that water was seeping from the reclaimed area as early as December 1992. Yet the agency released the company's bond Sept. 24, 1993, which means that the reclamation was complete.
Now, here's the kicker: OSM says the state of Tennessee, which now owns the property, has to fix the problem. OSM says all it can offer is technical assistance.
It gets worse. Although funding is available to reclaim land on which abandoned mines are located, that's only for mine lands abandoned before 1977.
"They essentially say they're responsible for this landslide, but they can't do anything about it now," said Vanessa Morel, program analyst for the Knoxville regional office of the National Parks Conservation Association. "The conclusion is less than satisfying."
We think that's an understatement. OSM failed to carry to carry out its obligations, and now it's making the citizens of Tennessee pay for it. It is not only unfair. It is irresponsible.
Although the report cites heavy rainfall as contributing to the destabilization of the reclaimed area, we believe the brunt of the blame lies squarely on officials who weren't paying attention.
While state officials have not decided what they will do -- if anything -- to deal with the landslide, Gov. Phil Bredesen has asked OSM to conduct a comprehensive environmental review of coal mining statewide.
"Having a better understanding of mining in Tennessee and its impacts will allow OSM and the state to be more effective," said Tisha Calabrese-Benton, a spokeswoman for the Tennessee Department of Environment and Conservation.
We think that's a good idea, especially in light of a contention by the National Parks Conservation Association that mining and reclamation may be feasible for steep mountainsides.
If it's not, it doesn't make sense to keep doing it -- and to keep issuing permits for it. In the end, it's the citizens of Tennessee who have to pay -- not only to address serious problems such as the landslide on High Point Mountain but also in the destruction of the state's natural beauty.
And, as for OSM, if it has any concern about its credibility, it should do much more than offer technical assistance for a problem it helped create.
Much at stake in petition to block mining
Editorial was published in the News Sentinel on December 8, 2005
The federal Office of Surface Mining next week will determine if a petition to halt the expansion of coal mining into the New River watershed will be administratively acceptable, prompting a complete environmental study of mining in the area.
The petition was filed about a month ago by the National Parks Conservation Association and the Warioto Chapter of the National Audubon Society. The petition focuses on more than 400 square miles, one of the largest areas considered for a ban on mining.
The parks association and the Audubon chapter contend that further mining in the area would harm the Big South Fork of the Cumberland River. The New River is one of two primary tributaries of the Big South Fork, which is protected by state and federal law, and its watershed is a target for new mining.
We are happy to support the groups' petition. As its advocates say, it is time to stop, step back and give serious consideration to the impact that surface coal mining has on the state's streams, rivers and parks. It is not a small thing.
As the nation’s energy needs increase, some would gladly place state and federal environmental laws on the shelf, but the tradeoff could have dire consequences for society currently and in the future. Once damaged by heavy pollution, those pristine rivers and forests in Tennessee can't easily be put back together when coal runs out.
If the petition meets the necessary criteria, OSM could stop issuing permits for new mines in all or part of the area. However, even if OSM establishes a ban for the entire watershed, existing mines could continue to operate. A complete review likely would take years to complete.
Don Barger, regional director of the National Parks Conservation Association, said the time is right for Tennesseans to take the look-before-you-leap stance, and the petition -- called a "lands unsuitable for mining" petition -- accomplishes that goal. "The future of the Big South Fork is at stake," he said.
What needs to be discussed, Barger added, is what the New River area, with its trails, wildlife, hunting and fishing, will look like 30 years from now if mining is expanded throughout the watershed. A thorough environmental review, he said, should measure the cumulative effects of coal mining through the entire watershed for the first time.
The review also will provide a backdrop for discussion of whether reclamation following mountaintop removal is effective.
Certainly there is much riding on the groups' petition, prepared by the Southern Environmental Law Center. We urge the Office of Surface Mining to accept the petition, barring any glaring errors, and allow authorities to conduct a thorough study and to hear the stories of those who are left after the mine operators have pulled up stakes.