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Administration’s Announcement on Mountaintop Removal Mining — In Perspective

"Interior increases oversight of mountaintop mining" trumpets the AP, and "U.S. boosts coal mining oversight to fight pollution" says Reuters. That's in response to an announcement from Interior on Wednesday.

But on Coal Tattoo, and from NRDC and Sierra Club, one learns of a pretty different story.

Says NRDC's Rob Perks:

Why in the world would I have a problem with this? As I previously posted on the apparent "slow-walk" on this issue by the Interior Department, Interior Secretary Ken Salazar knows full well that President Bush's 'midnight regulation' loosened protections to allow coal companies to dump mining waste directly into streams, and he favors revoking that rule change to restore original "stream buffer zone" protections that were enacted back in 1983. But rather than having his agency propose that change right away and proceed straight to public input, the Interior Department's chosen course of action is a brand new rulemaking process that won't result in any changes to the rule until at least 2011.

Regarding one of the "immediate actions" pledged by Interior, Coal Tattoo author Ken Ward writes:

Interior’s Office of Surface Mining Reclamation and Enforcement says it is going to publish an “advance notice of proposed rulemaking” to gather views on how it should rewrite the federal stream buffer zone rule.

But wait … we already knew that — and we knew that this move by Interior Secretary Ken Salazar essentially delays any action to overturn the Bush administration’s weakening of the buffer zone rule until at least early 2011.

And, according to this release, the advance notice of proposed rulemaking still hasn’t been published … the news release says it “will be sent to the Federal Register shortly.”

 

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Ben Somberg | November 19, 2009

Administration’s Announcement on Mountaintop Removal Mining — In Perspective

“Interior increases oversight of mountaintop mining” trumpets the AP, and “U.S. boosts coal mining oversight to fight pollution” says Reuters. That’s in response to an announcement from Interior on Wednesday. But on Coal Tattoo, and from NRDC and Sierra Club, one learns of a pretty different story. Says NRDC’s Rob Perks: Why in the world […]

Rena Steinzor | November 19, 2009

Sunstein Watch: OMB Says it Will Leave EDSP to the EPA Experts

On Monday, OMB Director Peter Orszag sent a letter to Rep. Ed Markey, responding to Congressman Markey’s concerns about OMB’s involvement in EPA’s Endocrine Disruptor Screening Program. Orszag’s letter — released by Markey's office Wednesday — explains, in no uncertain terms, that OMB is done meddling in EPA’s scientific determinations about endocrine-disrupting chemicals. It’s a […]

Yee Huang | November 18, 2009

Update: Judge Approves Settlement on Numeric Nutrient Criteria for Florida

A few months ago, I wrote about a landmark agreement by the EPA to set numeric, statewide nutrient pollution limits  — the first of its kind in the United States. Florida, like most states, has qualitative nutrient pollution limits, which are written in terms such as, “in no case shall nutrient concentrations of body of […]

Yee Huang | November 13, 2009

The Importance of Being Earnest: Nutrient Trading in the Chesapeake Bay

In October, Senator Ben Cardin (D.-Md.) introduced the “Chesapeake Clean Water and Ecosystem Restoration Act of 2009,” signaling the beginning of a new era of federal commitment to Bay restoration. The legislation is a tremendous step in the right direction, and it includes many elements to help make the Bay Program and the Bay-wide Total Daily […]

Holly Doremus | November 12, 2009

Brown Pelican Dis-Endangered

This posting is reprinted, by permission from Legal Planet. The Fish and Wildlife Service yesterday announced some very good news — the brown pelican will soon be removed from the list of endangered and threatened species. This enormous fish-eating bird has been protected since 1970, when it was included on the very first list of […]

Sidney A. Shapiro | November 12, 2009

Defective: Toyota Cars and Automobile Regulation

The National Highway Traffic Safety Administration (NHTSA) recently chastised the Toyota Motor Company for claiming that no defect existed in its cars, even while recalling 3.8 million of them. Toyota instituted the recall one month after a Lexus sedan suddenly accelerated out of control killing four people near San Diego. When Toyota blamed the problem on improperly […]

James Goodwin | November 11, 2009

Like Christmas Shopping Season, the Battle Over Rules at OIRA Begins Earlier and Earlier Every Year

When the Electric Power Research Institute (ERPI)—the research arm of the U.S. power industry—met with OIRA last month to discuss the various “beneficial uses” of spent coal ash from power plants, their timing was impeccable.  Or so it would seem.  On the day of the meeting, October 16, EPA submitted for OIRA review its pre-rule […]

Matthew Freeman | November 10, 2009

Pressing the Button

New in movie theaters this past weekend was a horror flick called, “The Box,” starring Cameron Diaz and James Marsden as a couple given a disturbing choice. They are presented with a mysterious box, equipped with a button. If they press the button, they’ll get $1 million, but someone they do not know will die. […]

Shana Campbell Jones | November 9, 2009

Administration Releases Draft Chesapeake Bay Strategy

Today the Administration released its draft strategy for the Chesapeake Bay. Public comment runs through January 8, and the final strategy is due in May. There’s a lot to read. But here’s one point off the bat that’s of note: Regulatory authority will be expanded to increase accountability for pollution and strengthen permits for animal […]