EPA has decided to revoke Mingo Logan Coal Company's Spruce No. 1 mountaintop mining permit, which was issued back in 2007. This is unprecedented - EPA has rejected permits in the past, but has not, to my knowledge, revoked an existing permit at a working site. The EPA veto is not final yet; before it becomes final EPA needs to go through a public comment period, a likely hearing, and the mining company has to be given a chance to revise the permit to meet objections.
EPA has described its veto authority in a fact sheet that explains the process for denying or withdrawing authorization to place fill material in waters of the United States under Section 404(c) of the Clean Water Act. It's worth reviewing if you're interested in the process.
Whether Mingo-Logan can meet all EPA's objections is a good question. EPA is subjecting surface mining to intense scrutiny, and holding operations to very high standards, such that few large earth-disturbing projects, even if done for nonmining projects like road construction, could meet the test. Furthermore, by looking at the cumulative effects of many surface mines in that area, EPA is aggregating harmful impacts in a way that make approval of permits very difficult.
The Associated Press has reported on this, as has the Charleston Gazette. As usual, the most complete analysis of mountaintop mining news is found in Ken Ward's blog, Coal Tattoo.
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