Coal Mining and Environmental Justice in Appalachia
Intro to environmental justice in Appalachia will be a brief summery of the work we do down bellow.
Background
A little bit about Appalachia, the states that constitute it, how its economy works, etc.
Definition
This is where we will define environmental justice. This definition, as per our class, is still a bit murky. We may have to see how different sources in the literature define it.
Demographics
These are the people that are affected:
Demographic 1
Historical analysis
Demographic 2
Current figures
Demographic 3
How it relates to national statistics
Politics
Controversies
EPA and Local Government Responses
Mountaintop removal, sometimes referred to as strip mining or steroids, is defined as "a form of mining that has major effects on the ecology and people of central Appalachia". West Virginia, in the heart of Appalachia, is the second largest coal producer. Taxes from coal drive the majority of West Virginia state revenues yet despite the widespread mining of land less than 1% of that land goes to productive use resulting in environmental degradation. Due to the economic impact and environmental fallout the EPA is focused on Mountaintop removal. However, the EPA's responses haven't aligned with the way stakeholders see the problem, as evidenced by these judicial rulings.[1][2]
Judicial Cases
There are many judicial cases pertaining to this topic. The EPA has ultimate authority as to who does and doesn't get permits for Mountaintop removal. These cases highlight that environmentalists challenge the EPA and other government agencies leniency in providing permits. The three judicial opinions below relate to the challenging of Mountain top removal by environmentalists that seek to limit the practice.
Case 1
Here's the case: Bragg v. Robertson[1] Bragg v Robertson was a case that challenged the legitimacy of mountaintop removal. This ruling brought together Environmental lawyers and EPA against environmentalists, union leaders and state representatives over a dispute about the degree to which the EPA can approve permits. The EPA lost the ruling in trial court but won in the 4th Circuit. The trial court found that "the the stream-buffer-zone regulations promulgated under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) prohibited valley fills and merited a permanent injunction against further permits."[1] As part of the ruling, the trial judge decided economic effects were irrelevant in his decision and the defendants should reserve their argument for the US Congress. The case was appealed to the 4th Circuit which reversed the ruling on "state-sovereignty-immunity grounds."[1][3]
Case 2
Here's the case: Kentuckians for the Commonwealth v. Rivenburgh[1] Kentuckians for the Commonwealth v. Rivenburgh dubbed KFTC v. RIvenburgh, had the same defendants and plaintiffs as Bragg v. Robertson. The EPA and environmental lawyers were defending themselves against environmentalists, union leaders and state representatives. The judge ruled that the "joint rule making engaged in by the EPA ... was beyond the agencys regulatory power." The "intent was to allow valley fills rather than the interagency harmonization the agencies claimed."[1] Thus, the judge ruled against the EPA and the lawyers. On appeal to the 4th Circuit decontextualized the case and ruled against the trial court by employing an administrative-law analysis of the EPA's powers.
Case 3
Here's the case: Ohio Valley Environmental Coalition v. Aracoma Coal Co.[1] In OVEC v Aracoma the trial court was overruled by the 4th Circuit. In his analysis, the judge argued the issue is between the environment and energy producing jobs, "Coal mining has long been part of the fabric of Appalachian life, providing jobs to support workers and their families and energy to fuel the nation. Unfortunately, coal mining also exacts a toll on the natural environment. In particular, the mining technique at issue in these permits potentially results in dramatic environmental consequences." The analysis doesn't include the socioeconomic impact or disproportionate impact on underprivileged communities such as black or poor communities. In the end, the ruling rejected the permitting process. On appeal, the 4th circuit decontextualized the case and overruled the trial court. Their decision was rooted in statuary and regulatory interpretation instead of cultural and economic impact, which the US Congress is responsible for addressing through regulation.
Disparities in Coal Mining Communities
Since 1995, the Appalachian region has produced about half of the United States' coal [4]. Although Appalachia has played a large role in contributing to the coal supply of the United States, the communities surrounding such mining practices have suffered immensely [4]. Although Appalachia has played a large role in contributing to the coal supply of the United States, the communities surrounding such mining practices have suffered immensely. Several studies have shown disparities between mining communities and non-mining communities in terms of public health, environmental degradation, pollution, and overall quality of life in Appalachia [5][6][7][8][9]. Variations of surface coal mining techniques in the Appalachia include contour, area, high-wall, auger, and mountaintop removal mining (MTR) [6].
Effects on Health
Several studies have found that communities within the Appalachian region surrounding coal mining practices disproportionately experience negative health effects then communities with no coal mining [10][9][4][5]. Such health disparities are largely attributed to the contamination of water and land associated with coal surface mining [7]. MTR has increased salinity, metals, magnesium, and sulfates within Appalachian watersheds, threatening human health [7][8]. Sixty-three percent of stream beds near coalfields within the Appalachia mountains have been identified as “impaired” due to high toxic chemical and metal contamination [6]. Streams are reported to have a thirty to forty-fold increase of sulfate [7]. Combustion waste and fly ash from MTR lend to toxic dusts pollute the surrounding air and have contributed to increased levels of cancer, heart disease, liver disease, and kidney disease [8][5][9]. Public health costs of pollution in the Appalachia are upwards of 75 billion dollars a year [4]. In a comparative analysis of health-related quality of residences in counties with and without coal mining Appalachia "reported significantly fewer healthy days for both physical and mental health" [5]. The same study highlights strong correlations between heavy coal mining counties and a greater risk of depression and severe psychological distress [5]. Areas in the Appalachia with coal surface mining exhibit greater rates of adverse health effects and reduced self-rated health in comparison to the national average [9]. In addition, studies from the National Institute for Occupational Safety and Health have concluded a high “relationship between surface coal mining jobs and the prevalence of pneumoconiosis” [10]. Lastly, through examination of mortality rates, county-level poverty rates, and coal mining within counties of the Appalachia, it was identified that coal mining areas of Appalachia experienced higher mortality rates then counties with no coal mining [9].
Environmental Impacts
Coal surface mining has heavily altered the hydrological cycle and landscape of the Appalachia causing environmental degradation and contributing to ecosystem damages beyond repair [7][8]. Surface coal mining in the Appalachian has contributed to the destruction of over 500 mountain tops, amounting to almost the size of Delaware [7]. In addition, it has led to the clearance of over 1 million acres of forests and contributed to the degradation or permanent loss of over 12000 miles of streams crucial to the Appalachia watershed from 1985- 2001 [7][11]. Increased salinity and metal contamination of the Appalachian streams have led to toxic effects of fish and bird species [6]. MTR, specifically, can produce over 750 million cubic yards of waste [7]. These wastes are disposed in “valley fills” which have collapsed and produced heavy flash floods in Appalachia [7][11]. Coal surface mining in Appalachia is responsible for 85% of US' CO2 emissions produced from electricity contributing to climate change as processes not only omit CO2, but also clear forests that act as CO2 sinks [11].
Social and Economic Impacts
Although coal mining industries is often associated with increased jobs and economic growth, Appalachia has represented a far different case with several counties containing the highest level of unemployment and lowest levels of incomes [12]. More specifically, in Hendryx and Zullig’s comparative analysis of Appalachia counties, those with coal mining had greater economic disparities and more poverty then those without industry [5]. The shift towards coal surface mining from underground mining has led to a 50% decline in mining jobs from 1985-2005 [9]. Coal surface mining jobs in West Virgina, Kentucky, Tenessee, and Virginia represent .89%, .03%, .01%, and .04%, respectively, of jobs within those states [12]. Nasa states that promises of beneficial post-mining development of in the Appalachia region has reflected developments that had never materialized [11].
Legal Protections
There are several legal protections for communities in coal mining production areas. The 1977 Surface Mining Control and Reclamation Act (SMCRA), which set regulations in respect to surface coal mining and protection for society and environment, was the first national surface mining law [13]. In addition, the 1969 Coal Mine Health and Safety Act, 1969 National Environmental Policy Act, Clean Water Act, Clean Air Act, and Stream Protection Rule offer legal protections for coal mining communities.
In 2017, following the inauguration of President Trump, the Stream Protection Rule was overturned with the intentions of expanding coal mining jobs. The Stream Protection Rule was set to protect over 6,000 miles of streams and 52,000 acres of forests [14].
Working Citations
Will set up proper citations, paste the resources you will be using here.
https://www.wm.edu/as/publicpolicy/wm_policy_review/archives/volume-4/Smith.pdf
https://www.regulations.gov/document?D=OSM-2010-0018-10631
https://www.gpo.gov/fdsys/pkg/STATUTE-91/pdf/STATUTE-91-Pg445.pdf
https://www.regulations.gov/document?D=OSM-2010-0018-10631
https://www.wm.edu/as/publicpolicy/wm_policy_review/archives/volume-4/Smith.pdf
https://muse.jhu.edu/book/12495
http://www.appvoices.org/images/uploads/2011/07/Mortality-AppCoal_2008.pdf
Similar Wikis
External Sources
- ^ a b c d e f g "Implementing Environmental Justice in Appalachia: The Social and Cultural Context of Mountaintop Removal Mining as Seen Through the Lenses of Law and Documentaries" (PDF).
- ^ "Mountaintop Removal Article, Coal Mining Information, Coal Industry Facts -- National Geographic". science.nationalgeographic.com. Retrieved 2017-03-15.
- ^ "Bragg v. Robertson, 72 F. Supp. 2d 642 (S.D.W. Va. 1999)". Justia Law. Retrieved 2017-03-19.
- ^ a b c d Paul R. Epstein, Jonathan J. Buonocore, Kevin Eckerle, Michael Hendryx, Benjamin M. Stout III, Richard Heinberg, Richard W. Clapp, Beverly May, Nancy L. Reinhart, Melissa M. Ahern, Samir K. Doshi, and Leslie Glustrom. 2011. Full cost accounting for the life cycle of coal in “Ecological Economics Reviews.” Robert Costanza, Karin Limburg & Ida Kubiszewski, Eds. Ann. N.Y. Acad. Sci. 1219: 73–98.
- ^ a b c d e f Hendryx, Michael, Zullig, Keith (2010). "A Comparative Analysis of Health-Related Quality of Life for Residents of U.S. Counties with and without Coal Mining". Public Health Reports (1974-). 125: 548–555 – via JStor.
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- ^ a b c d EPA,OA,OEAEE, US. "Basic Information about Surface Coal Mining in Appalachia". www.epa.gov. Retrieved 2017-03-18.
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- ^ a b c d e f g h i Perks, Rob. "APPALACHIAN HEARTBREAK: Time to End Mountaintop Removal Coal Mining" (PDF). NRDC.
- ^ a b c d Lindberg, T. Ty; Bernhardt, Emily S.; Bier, Raven; Helton, A. M.; Merola, R. Brittany; Vengosh, Avner; Di Giulio, Richard T. (2011-01-01). "Cumulative impacts of mountaintop mining on an Appalachian watershed". Proceedings of the National Academy of Sciences of the United States of America. 108 (52): 20929–20934.
- ^ a b c d e f Hendryx, Michael (2011). "Poverty and Mortality Disparities in Central Appalachia: Mountaintop Mining and Environmental Justice". Health Disparities Research and Practice. 5: 44–53.
- ^ a b National Institute for Occupational Safety and Health (1995). "Coal Mine Dust Exposures and Associated Health Outcomes" (PDF). Current Intelligence Bulletin. 64.
- ^ a b c d Rebecca, Lindsey, (2007-12-21). "Coal Controversy In Appalachia : Feature Articles". www.earthobservatory.nasa.gov. Retrieved 2017-03-18.
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- ^ a b Morrone, M. & Buckley, G. L. & Davis, D. E. & Purdy, J.. Mountains of Injustice: Social and Environmental Justice in Appalachia. Athens: Ohio University Press, 2011. Project MUSE., https://muse.jhu.edu/.
- ^ "Coal Mining in America » American Coal Foundation". teachcoal.org. Retrieved 2017-03-18.
- ^ "Trump, GOP lawmakers scrap Stream Protection Rule". MSNBC. Retrieved 2017-03-18.