EPA to gut mountaintop mining rule that protects streams

Renee Schoof and Bill Estep | McClatchy Newspapers

last updated: December 03, 2008 07:47:18 AM

WASHINGTON — The Environmental Protection Agency on Tuesday approved a last-minute rule change by the Bush administration that will allow coal companies to bury streams under the rocks leftover from mining.

The 1983 rule prohibited dumping the fill from mountaintop removal mining within 100 feet of streams. In practice, the government hadn't been enforcing the rule. Government figures show that 535 miles of streams were buried or diverted from 2001 to 2005, more than half of them in the mountains of Appalachia. Along with the loss of the streams has been an increase of erosion and flooding.

The 11th hour change before President George W. Bush leaves office would eliminate a tool that citizens groups have used in lawsuits to keep mining waste out of streams. Mining companies had been pushing for the change for years.