While residents of New Jersey and Pennsylvania deal with the health threat presented by fracking, people in the Appalachias continue to wage their long and mighty struggle to preserve their health and economy in the face of the ongoing destruction visited upon them by mountaintop mining, a practice scientists have called, “pervasive and irreversable.”

The New York times describes mountaintop removal as

…a radical form of strip mining that has left over 2,000 miles of streams buried and over 500 mountains destroyed. According to several recent studies, people living near surface mining sites have a 50 percent greater risk of fatal cancer and a 42 percent greater risk of birth defects than the general population.

When Robert Kennedy, Jr. came to Bergen Community College in Paramus, New Jersey and spoke about his fight to halt this practice, my younger son, Ari, a high school junior and I were there to hear him. Kennedy is an environmental lawyer, and years ago he fought to stop mountaintop removal mining on the premise that it violates the Clean Water Act. Kennedy won his court battle, but lawyers for the opposition filed a lawsuit disputing the meaning of the word “fill” relative to the practice of dumping left-over sludge into streams and rivers in that region, claiming that the sludge did not “fill” up the waterways since there was still water in them after the dumping occurred, and got permission to resume their destruction of nature and of people’s lives.

The Obama Administration is working to improved the lives of Appalachia’s residents by establishing a ban on mountaintop mining, but, big monied interests have the sympathy of the courts. On July 31, a judge overthrew new protections put in place by the federal Environmental Protection Agency, and ruled that mountaintop mining operations they had blocked, could resume. This type of favoritism is not new.

Robert Kennedy Jr.’s fight agains the devastation

The Appalachian Center reviews The Last Mountain, a documentary featuring Kennedy which addresses this issue

Robert F. Kennedy Jr. – the best national advocate the anti-mountaintop removal movement has – is an effective narrator and driving force throughout the film. He puts the destruction and willful violation of laws meant to curb such environmental destruction into passionate, thoughtful words.

For instance, standing atop a “reclaimed” mountain with mine safety consultant Jack Spadaro, Kennedy looks around at a “forest” that is nothing but scrub grass and picks up a chunk of rock that’s supposed to count as topsoil. He says, “The extraordinary thing about this is how many lies they have to tell to make this whole fiction work. They have to say this is a forest. They have to say this is soil. And the amazing thing is how many people believe them.”

Kennedy was also powerful when addressing one of the key areas of conflict among the residents of Appalachia: the notion that protecting the environment must come at the sacrifice of jobs. As Kennedy says in a discussion with Coal Association President Bill Raney, most of the coal jobs in Appalachia have been lost to mechanization, not to environmental regulations. Coal companies are extracting as much coal as ever with a fraction of the work force.

His explanation of idea of “the commons” and how the notion that America’s water and environment are owned by us all has been eroded is also very compelling.

Congressional Bills and The Law

Congressman Steve Rothman wrote to me about bills in Congress on both sides of the mountaintop mining issue. Democrats want to stop it, but Republicans want to prohibit any regulations of the coal mining industry. When people tell you there’s no difference between Democrats and Republicans, remember this fact. Rothman writes,
Like you, I believe that communities need to be protected from hazardous emissions and destructive practices that jeopardize their health and that of the surrounding ecosystem. As you know, H.R. 5959 was introduced by Representative Dennis Kucinich (D-OH) on June 19, 2012. If enacted, this legislation would require a study of the potential harm of mountaintop removal coal mining on the health of individuals in surrounding communities. If mountaintop mining is found to be harmful to health, a moratorium would be placed on mountaintop mining until it was deemed to be safe. This bill is currently pending before the House Committees on Transportation and Infrastructure and Energy and Commerce. The environment and the people of the Appalachians need to be protected from careless mining practices.

You may also be interested to know that, H.R. 3049, the so-called “Coal Miner Employment and Domestic Energy Infrastructure Protection Act,” was introduced by Representative Bill Johnson (R-OH) on November 14, 2011. If enacted, this irresponsible bill would amend the Surface Mining Control and Reclamation Act to prohibit the Department of Interior from regulating the coal mining industry, overturning 35 years of established precedent and putting our health and waterways at risk. I strongly oppose H.R. 3049 and any other legislation that would work to weaken the ability of federal agencies to regulate polluting energy industries and toxic run off into our rivers and lakes. This legislation is pending before the House Committee on Natural Resources.