West Virginia Public Broadcasting: thirty-year anniversary of a mine land reclamation law

Suggested host intro: This year marks the thirty-year anniversary of a mine land reclamation law. Government officials say the bill has helped restore the ecosystems on millions of acres of former mines. But environmentalists from West Virginia say the law is abused today. Matt Laslo reports from Capitol Hill.

NARR: In nineteen seventy seven, President Jimmy Carter signed the Surface Mining Control and Reclamation Act. It requires mountain top mines to be restored to their original state – through grading and backfilling. But environmentalists say companies can get around the law. Cindy Rank represents the West Virginia Highland Conservancy.

RANK2-BAD LAW “All too often the balance intended under this act is no longer there. The scales of justice are once again tipped towards coal at any cost over people and the environment. And I say this not just from people of Appalachia, but from people in Indian country and as far north as Alaska.”

Rank says acid mine drainage still flows into local communities and that toxic mine pools seep into local water sources. But she says mountain top removal is the worst of all.   

RANK3-SCURGE “It’s become the scourge of Southern West Virginia and surrounding states. Where entire mountains are being blown apart so that miners can get to six or eight veins of coal sitting there like layers on a cake.”

Mine companies disagree. They say the law has worked and claim that over two million acres of former mountaintop mines have been restored. Companies point to former mines that are now farms, wetlands, recreation areas and even schools. Hal Quinn is with the National Mining Association. He especially disputes environmentalists who claim the reclamation law forces all mines to avoid streams.

QUINN1-STREAMS “If your activity doesn’t require you to be in that stream channel keep back and create a buffer so sediment doesn’t flow into it. But if you are designed to occur, your activities to occur in that stream then design it according to requirements of the law that require you to minimize your downstream from your activity.”

Quinn says the mining industry would be crippled if the law actually forced mines to avoid all waterways.

QUINN2-DEVASTATING “Under this interpretation over 90% of mines would be rendered unminable and the economic impact would be devastating.”

But Rank argues the lawmakers who wrote the law – which is known as Smack-Ra – had water quality in mind.  

RANK1-WATER “Water is one of our most precious resourses and will be an important resource into the future. Some of the environmental regulations set forward in SMACKRA were to protect the waters that are so important and will be so important in the future.”

Joan Mulhern is with Earthjustice. She says the coal companies are trying to avoid fulfilling the mandates in the law.

MULHERN1-RED HERRING “I think these arguments are really legal red herrings. I think that it’s clear that these agencies are not only authorized but are required to take steps to block the types of degradation that we are seeing today.”

New Mexico Senator Jeff Bingaman is the chairman of the Senate Energy and Natural Resources Committee. He says both sides have strong arguments.

BINGAMAN1- LOOK INTO “Well, I think we need to keep looking into it. I don’t think we have a total conclusion yet.”

Lawmakers have yet to propose any fixes to the Reclamation Act.

For West Virginia Public Broadcasting, I’m Matt Laslo on Capitol Hill.