Congresswoman Raises Discussion of West Virginia Mining Permits With EPA Administrator Lisa Jackson

ASHINGTON – During this morning’s House Committee on Transportation and Infrastructure hearing on the Clean Water Act, Rep. Shelley Moore Capito, R-W.Va., questioned U.S. Environmental Protection Agency Administrator Lisa Jackson about the ongoing controversy surrounding Appalachian surface mine permits.

(Note that video of the congresswoman’s exchange with the Administrator can be accessed here, and video of the her opening statement can be accessed here.)

At the outset of today’s hearing, the congresswoman made the following opening statement:

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“Thank you Mr. Chairman.

“It’s clear that protecting our nation’s water is important to all of us and we depend upon Federal and State agencies to monitor water conditions. As Members of Congress, we have a responsibility to exercise legitimate oversight of those agencies.

“With that in mind, I would like to thank of all of today’s witnesses. Administrator Jackson, I appreciate you being here.

“As you are well aware, your agency is engaged in an elevated review process for coal mining permits pending in the Appalachian Corps Districts. Generally speaking, the process of obtaining federal mine permits is complicated and can involve years of coordinated effort between the companies, interest groups and state and federal agencies. Now the EPA has added another layer of review – in essence a do-over – further delaying any permitting decisions at a cost of West Virginia jobs. We are very frustrated.

“This new process is second guessing decisions made by qualified experts in federal and state agencies including permits on which the EPA has already commented. The EPA is essentially holding back critical permits until national headquarters reviews and approves them. The way I and many in my state see it, this is a veiled attempt to block coal-mining.

“Over the course of the summer, I met with officials from your agency and highlighted the stakes associated with continued delays in the permit review process. In my discussions with officials at the EPA, I've regularly stressed that their decisions stand to have real implications on West Virginians. I was, however, repeatedly assured of an expedient review process.

“Administrator Jackson it has now been 18 weeks… added to the years these permits have been active and there’s been little or no movement.**

“And it’s now been two weeks since the EPA announced the final list of permits subject to your Enhanced Coordination Procedures and your agency has yet to even release the permits to the US Army Corps of Engineers.

“Administrator, West Virginians are becoming more frustrated and they have a lot of unanswered questions. We’re concerned about our jobs, our families and our communities. We are hearing what you say, but we are watching much more closely what you do and we are extremely concerned.

“Miners across Appalachia want to play by the rules. They want clean water. They want to work with your agency to resolve these permits in a way that protects both jobs and the environment. But as it stands right now, we don’t know what rules you want us to play by. And your agency’s indecision is jeopardizing many jobs in my state.

“I look forward to your testimony clearing up this uncertainty.”