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First published online October 15, 2009

King Coal vs. Reclamation: Federal Regulation of Mountaintop Removal Mining in Appalachia

Charles E. Davis [email protected] and Robert J. DuffyView all authors and affiliations
Volume 41, Issue 6
https://doi.org/10.1177/0095399709341029

Abstract

This research focuses on the regulatory politics of mountaintop removal mining for coal within the Appalachian states of West Virginia and Kentucky. Based on Administrative Presidency concepts suggesting that chief executives seek more control and influence over agency program decisions, this article analyzes President George W. Bush’s efforts to promote the development of coal resources within these states despite statutory constraints posed by federal environmental laws. The analysis demonstrates that President Bush effectively achieved his energy production goals by combining the use of discretionary authority with staff controls, executive orders, and regulatory initiatives to lessen industry compliance costs with environmental regulatory requirements.

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References

Ackerman B., Hassler W. (1981). Clean coal/dirty air. New Haven, CT: Yale University Press.
Google Scholar
Allen M. (2001, May 1). Bush energy plan will emphasize production. Washington Post, p. 3.
Google Scholar
Bragg v. Robertson, 72 F. Supp. 2d 642 (S.D. W. Va. 1999).
Google Scholar
Bryner G. C. (1987). Bureaucratic discretion: Law and policy in federal regulatory agencies. Elmsford, NY: Pergamon.
Google Scholar
Burke J. P. (2000). The institutional presidency: Organizing and managing the White House from FDR to Clinton. Baltimore: Johns Hopkins University Press.
Google Scholar
Copeland C. (2005a). Controversies over redefining “fill material” under the Clean Water Act. Washington, DC: Congressional Research Service (Updated February 2).
Google Scholar
Copeland C. (2005b). Mountaintop mining: Background on current controversies. Washington, DC: Congressional Research Service (Updated February 1).
Google Scholar
Cusick D. (2005, December 22). Fate of Tennessee mountains at heart of Appalachian mining battle. E&E News. Retrieved June 25, 2009, from http://www.eenews.net/Greenwire/2005/12/22/archive/1?terms=tennessee+mountains
Google Scholar
Davis C. (2006). The politics of grazing on federal lands: A policy change perspective. In Repetto R. (Ed.), Punctuated equilibrium and the dynamics of U.S. environmental policy. New Haven, CT: Yale University Press.
Google Scholar
Durant R. (1992). The Administrative Presidency revisited: Public lands, the BLM, and the Reagan revolution. Albany: State University of New York Press.
Google Scholar
Eichenseher T. (2005, November 29). Enviros to take fight against mountaintop permits back to federal court. E&E News. Retrieved June 25, 2009, from http://www.eenews.net/eenewspm/2005/11/28/archive/1?terms=mountaintop+permits
Google Scholar
Exec. Order No. 13212, 66 FR 28357 (May 22, 2001).
Google Scholar
Kerwin C. (2003). Rulemaking (3rd ed.). Washington, DC: CQ Press.
Google Scholar
Kentuckians for the Commonwealth vs. Corps of Engineers, 317 F. 3d 425 (4th Cir. 2003).
Google Scholar
Klyza C., Sousa D. (2008). American environmental policy, 1990‐2006: Beyond gridlock. Cambridge, MA: The MIT Press.
Google Scholar
Layzer J. (2006). The environmental case (2nd ed.). Washington, DC: CQ Press.
Google Scholar
McGinley P. (2004). From pick and shovel to mountaintop removal: Environmental injustice in the Appalachian coalfields. Environmental Law, 34(1), 21‐105.
Google Scholar
Moe T. (1985). The politicized presidency. In Chubb J., Peterson P. (Eds.), The new direction in American politics. Washington, DC: Brookings.
Google Scholar
National Energy Policy Development Group. (2001). National Energy Policy. Retrieved June 25, 2009, from http://georgew.bush-whitehouse.archives.gov/energy/2001/national-energy-policy-pdf
Google Scholar
O’Driscoll M. (2006, October 4). Hydropower: Court upholds new licensing rules. E&E News. Retrieved June 25, 2009, from http://www.eenews.net/eenewspm/2006/10/04/archive/3?terms=hydropwer
Google Scholar
Officials intensify U.S. push to find oil. (2005, October 19). Associated Press.
Google Scholar
Ohio Valley v. Aracoma Coal Co., No. 07‐1355 (4th Cir. Feb. 13, 2009).
Google Scholar
Ohio Valley Environmental Coalition v. Bulen, 429 F. 3d 493 (4th Cir. 2005).
Google Scholar
Pear R., Barringer F. (2008, December 3). Coal mining debris rule is approved. New York Times, p. A21.
Google Scholar
Scheberle D. (2004). Federalism and environmental policy (2nd ed.). Washington, DC: Georgetown University Press.
Google Scholar
Seelye K. (2002, April 26). Rule could let mine debris fill in valleys and streams. New York Times, p. A14.
Google Scholar
Shogren E. (2002, May 9). Judge rejects easing of mine‐waste rules. Los Angeles Times, p. A1.
Google Scholar
Underwood signs mountaintop mining legislation. (2005, March 31). Associated Press.
Google Scholar
Union of Concerned Scientists. (2004). Scientific integrity in policy making: Further investigation of the Bush administration’s misuse of science (July). Available from www.ucsusa.org
Google Scholar
U.S. Army Corps of Engineers. (2002, May 3). Corps and EPA clarify Clean Water Act definition; new environmental improvements also to be made in Appalachian mining rules [News release]. Washington, DC: Author. Retrieved October 13, 2006, from http://www.usace.army.mil/CEPA/News/Pages/Home.aspx
Google Scholar
U.S. Environmental Protection Agency. (2005, October). Mountaintop mining/valley fills in Appalachia: Final Programmatic Environmental Impact Statement (Final PEIS). Retrieved October 20, 2006, from http://www.epa.gov/region3/mtntop/index
Google Scholar
U.S. General Accountability Office. (2005). Oil and gas development: Increased permitting activity has lessened BLM’s ability to meet its environmental protection responsibilities (GAO‐05‐418). Washington, DC: Government Printing Office.
Google Scholar
U.S. Office of Surface Mining. (2004, March 1). OSM schedules public hearings and extends the comment period on proposed rule to reduce impacts of valley fills constructed near streams [News release]. Washington, DC: Author. Retrieved June 30, 2009, from http://www.osmre.gov/resources/newsroom/News/Archive/2004/030104.pdf
Google Scholar
U.S. Office of Surface Mining. (2005a, June 16). Proposed environmental impact statement for stream buffer rule [News release]. Washington, DC: Author. Retrieved June 30, 2009, from http://www.osmre.gov/resources/newsroom/News/Archive/2005/102005.htm
Google Scholar
U.S. Office of Surface Mining. (2005b, October 20). New rules increase flexibility in review of state mine reclamation programs [News release]. Washington, DC: Author. Retrieved June 30, 2009, from http://www.osmre.gov/resources/newsroom/News/Archive/2005/102005.htm
Google Scholar
U.S. Office of Surface Mining. (2005c, February 10). Agencies agree to joint regulatory framework for processing applications for surface coal mining operations [News release]. Washington, DC: Author. Retrieved June 30, 2009, from http://www.osmre.gov/resources/newsroom/News/Archive/2005/021005.htm
Google Scholar
Vaughn J., Cortner H. (2005). George W. Bush’s healthy forests. Boulder: University Press of Colorado.
Google Scholar
Ward K. Jr. (1999, June 6). Coal industry competition made mines bigger. Charleston Gazette. Retrieved January 12, 2006, from http://www.wvgazette.com/static/series/mining/coal0606.html.
Google Scholar
Ward K. Jr. (2002a, April 26). Bush administration plan broadens valley fill rule changes. Charleston Gazette. Retrieved January 12, 2006, from www.wvgazette.com/static/series/mining
Google Scholar
Ward K. Jr. (2002b, May 6). Easy permits proposed for mountaintop removal mining. Charleston Gazette. Retrieved January 12, 2006, from www.wvgazette.com/static/series/mining
Google Scholar
Ward K. Jr. (2003a, June 1). Mining study abandoned options on valley‐fill limits. Charleston Gazette. Retrieved January 12, 2006, from www.wvgazette.com/static/series/mining
Google Scholar
Ward K. Jr. (2003b, September 5). EPA to trim fines for buried streams. Charleston Gazette. Retrieved January 12, 2006, from www.wvgazette.com/static/series/mining
Google Scholar
Ward K. Jr. (2004a, January 8). Fill rule removes stream protections. Charleston Gazette. Retrieved January 12, 2006, from www.wvgazette.com/static/series/mining
Google Scholar
Ward K. Jr. (2004b, September 3). Bush officials trumpet mine ruling appeal. Charleston Gazette. Retrieved January 12, 2006, from www.wvgazette.com/static/series/mining
Google Scholar
Ward K. Jr. (2005, May 6). Mining damage far from “minimal.” Charleston Gazette. Retrieved January 12, 2006, from www.wvgazette.com/static/series/mining
Google Scholar
Ward K. Jr. (2006, October 3). Trial set in latest mountaintop removal case. Charleston Gazette. Retrieved October 10, 2006, from www.wvgazette.com/static/series/mining
Google Scholar
Ward K. Jr. (2007, March 24). Four mining permits blocked: U.S. judge cites “alarming cumulative stream loss” in decision. Charleston Gazette. Retrieved April 12, 2007, from www.wvgazette.com/static/series/mining
Google Scholar
Warrick J. (2004, August 17). Appalachia is paying price for White House rule change. Washington Post, p. A1.
Google Scholar
Waterman R. (1989). Presidential influence and the administrative state. Knoxville: University of Tennessee Press.
Google Scholar

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Published In

Volume 41, Issue 6
Pages: 674 - 692
Article first published online: October 15, 2009
Issue published: October 2009

Keywords

  1. energy production
  2. mountaintop mining
  3. administrative presidency
  4. environmental protection

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Authors

Affiliations

Colorado State University, Fort Collins

Notes

Charles E. Davis, C346 Clark, Colorado State University, Fort Collins, CO 80523‐1782; e‐mail: [email protected].
Charles E. Davis is a Professor of Political Science at Colorado State University. His research interests include energy and public lands policies and regulatory politics. He is the author of The Politics of Hazardous Waste and the editor of Western Public Lands and Environmental Politics (2nd ed.).
Robert J. Duffy is Professor and Chair of the Political Science Department at Colorado State University. His research interests include energy and environmental policy, political campaigns, and regulatory politics. He is the author of Nuclear Politics in America and The Green Agenda in American Politics: New Strategies for the Twenty‐First Century.

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