Wednesday, September 02, 2009

Trading Jobs For Bugs In Coal Country

Interestingly, other research suggests that the total number of insects in affected streams is not substantially reduced. Hardier insect populations thrive in the absence of mayflies. Yet the EPA alleges that smaller mayfly populations are an "impairment" of "water quality." In the past, decisions as to whether discharges from a proposed surface coal mine affect "water quality" were delegated to state regulators pursuant to the state primacy process developed by Congress. Since Obama took office, however, the EPA has seized control of the permitting process so it can reinterpret the definition of "water quality" to better accommodate the mayfly. Citing its concern for "macroinvertebrates" (i.e., bugs), the EPA in March and April objected to Clean Water Act permits in West Virginia, Virginia and Kentucky. In July, at the behest of environmental groups like Earthjustice, EPA revoked West Virginia's waiver to issue water quality permits without review. It's only a matter of time before the EPA challenges the authority of other Appalachian states to regulate their own industries. The permitting process for surface mining in Appalachia has ground to a halt. There's a backlog of hundreds of permits and the National Mining Association says the process has become a "regulatory black hole."...IBD

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