FIXING MISSING MOUNTAINTOPS AND RIVERS OF RUST: HISTORY OF ENVIRONMENTAL REGULATION OF COAL MINING Chad Crumrine History of the American Worker November 23, 2010 CONTENTS PART 1. LESSON PLAN
A. Objectives
B. State Standards
C. Materials and Equipment Needed
D. Suggested Activities
E. Assessment
PART 2. CONTENT OF LESSON PLAN (TEACHER SHEET)
PART 3. PRIMARY SOURCE DOCUMENTS
A. Statement by Bill Bingaman, representing the United Mine Workers of America.
B. Statement by Harold P. Quinn, Jr., representing the National Mining Association.
C. Statement by Cindy Rank, a representative of the West Virginia Highlands Conservancy
D. Newspaper Article "What is the Future of Coal in W. Va.?"
E. The Alliance for Appalachia group self-description.
PART 4. ANNOTATED BIBLIOGRAPHY
Objectives
1. Students will acquire a basic understanding of the environmental regulations of coal
mining including the Clean Water Act, the Safe Drinking Water Act, and Surface Mining
Control and Reclamation Act of 1977.
2. Through the use primary source documents, students will identify differing arguments of
parties connected to or concerned with the coal mining industry in relation to
environmental regulation of coal mining.
State Standards
1. State Environment and Ecology Standard 4.9.12 A: Analyze environmental laws and
regulations as they relate to environmental issues.
2. State History Standard 8.3.12 A: Identify and evaluate the political and cultural
contributions of individuals and groups to United States history from 1890 to Present.
3. State History Standard 8.3.l2 B: Identify and evaluate primary documents, material
artifacts and historic sites important in United States history from 1890 to Present.
4. State History Standard 8.3.12 C: Evaluate how continuity and change has influenced
United States history from 1890 to Present.
S. State History Standard 8.3.12 D: Identify and evaluate conflict and cooperation among
social groups and organizations in United States history from 1890 to the Present.
Materials and Equipment Needed
Computer to access PDFs of environmental laws
Copies of primary source documents for each group (documents included in lesson plan)
Suggested Activities (Will take two days to complete.)
1. In order to first gain a basic understanding of the environmental regulations of coal
mining, have students individually read through the Clean Water Act, Safe Drinking
Water Act, and Surface Mining Control and Reclamation Act of 1977. These laws are all
available online in PDF form. The Clean Water Act and Safe Drinking Water Act are
available through the Environmental Protection Agency's official website (epa.gov) and
the Surface Mining Control and Reclamation Act of 1977 is accessible through the
official Office of Surface Mining Reclamation and Enforcement website (osmre.gov).
2. (Focus Activity.) Once students have a basic knowledge of environmental regulations of
coal mining, have students break into several groups to review the primary source
documents included in the lesson plan. Encourage students to discuss the differences
between varying positions of groups such as the coal miner's union, coal mining industry,
and environmentalist groups related to environmental regulation of coal mining. Within
their groups, have students work on suggestions to amend the laws such as the Clean
Water Act, the Safe Drinking Water Act, and Surface Mining Control and Reclamation
Act of 1977 based on information provided by the documents from the groups and their
opinions on the laws. After the groups of students have suggestions for amendments to
the laws, have a representative from each group present their group's suggestions to the
class and explain why the group made the suggestions it did. At the conclusion of the last
group's presentation, have the class vote on which group had the best suggestions to
amending the regulatory laws and reward the winning group with extra credit or some
other incentive.
Assessment
Because the lesson is broken into two major activities, with the second activity relying
heavily on the students' understanding of the material in the first activity, assessment should
follow both activities, with suggested assessment for both activities being a class discussion.
After first activity:
1. What are the major points to each ofthe three environmental regulating laws on coal
mining reviewed (the Clean Water Act, the Safe Drinking Water Act, and Surface Mining
Control and Reclamation Act?) What are some possible ways these laws affect the coal
mining companies, workers, and general population living in coal mining regions?
2. Why do you think these three laws came into existence between 1972 and 1977? What
factors in American and World society pushed for environmental regulation laws?
After second activity:
1. How do these documents showcase the different opinions of coal mining companies,
workers, and members of the population concerned with the environmental effects of coal
mining? Which documents or parts of documents helped your group make its decision on
how to amend these laws?
2. Most of the documents read for this part ofthe lesson are primary sources from more
recent years. Why do the three laws studied for the lesson (Clean Water Act, Safe
Drinking Water Act, and Surface Mining Reclamation and Control Act) continue to
impact people associated with the industry and coal mining in general? In what ways do
you believe these laws will change in the future? Why is it important to know how
environmental regulation of coal mining influences everyone linked to coal mining?
Content
While one lesson cannot possibly cover the history of environmental regulation of coal mining in
its entirety, three extremely important laws and how they affect those involved with the coal
mining industry can be overviewed. Because, as Ripley, Redmann, and Crowder assert, "Major
environmental challenges facing the coal mining industry are to reduce the amount of water used
and to improve the quality of water discharged to the environment," the Clean Water Act and the
Safe Drinking Water Act are two of the three important laws that are part of this particular
lesson. I First, the Clean Water Act, which was passed in 1972, "establishes the basic structure
for regulating discharges of pollutants into waters of the United States and regulating quality
standards for surface waters" through measures such as "setting wastewater standards for
industry.,,2 The second law concerning water that is part of this lesson, the Safe Drinking Water
Act of 1974, places the Environmental Protection Agency (EPA) in charge of ensuring water that
is to be drank, whether above or below ground, remains healthy for consumption? Finally, the
Surface Mining Control and Reclamation Act of 1977 (SMCRA) is associated most with coal
mining when compared to the other laws in the lesson plan. The SMCRA "was the fIrst federal
law to regulate directly the unique environmental issues associated with coal mining, including
postmining land use, hydrologic issues, restoration and revegetation of mined lands, and control
of subsidence.,,4 Although these are just three of the many environmental laws regarding coal
mining, students should have a basic understanding of this type of law and their impacts.
Earle A. Ripley, Robert E. Redmann, and Adele A. Crowder, Environmental Effects 0/ Mining (Delray Beach, Florida: St. lucie Press, 1996), 241. 2 U.S. Environmental Protection Agency, Summary o/the Clean Water Act, http://www.epa.gov/lawsregs/laws/cwa.html{accessed November 15, 2010). 3 U.s. Environmental Protection Agency, Summary 0/ the Sale Drinking Water Act, http://www.epa.gov/lawsregs/laws/sdwa.html{accessed November 15,2010). 4 James M. McElfish, Jr. and Ann E. Beier, Environmental Regulation o/Coal Mining: SMCRA's Second Decade Washington, DC: Environmental law Institue, 1990), 18. 1
Primary Source Documents
1. Excerpts from statement given November 13, 2007 regarding the SMCRA by Bill
Bingaman, representing the United Mine Workers of America.
Chairman Bingaman, mem'bersof the Committee, Iam Bill Banig, director of
Governmental Affairs fortbe United Mine Workers of Atnerica (UMWA). TheUMWA is a
Jabor union that has represented the interests of coal mmersand otherw(>rkersand their families
in the United States and Canada for over 117 years. We appreciate the opportunity to appear
before the Corn:rnittee to celeb~ the thirtieth anniversary of the Surface Mining Control and
Reclamation Act of 1977 (SMCRA), an historic piece of legislation that continues to be ofvital
importance to coal mining communi&s across .this nation.
When enacting the Surface Mining Control and Reclamation Act in 1977, Congress
found that "surfac.e and underground coal miningopemtions affect interstate commerce,
contribute to the economic well-being, security, .and general welfare of the Nation and should be
conducted in an enVironmenta}lysound manner." That statement is as true today as it was in
1977. Coal mining C<)ntributessignificantly to our nationaleconorny by providing the fuel for
about half of our nation's electricity generation. Coal miners are proud to play their part .in
supplying our nation with domestically-produced., cost-effectiVe, reliable energy. We also live in
. the cOillinunities mostaifected by coal m:inin,g.andsupport the intent ofCongress that coal
mining must be conducted in an environmentally sound manner,
Th.roughout our 117 year history, theUMWA has been in the forefront ofbringing social,
economic and environmentaljustice to our members and thenatioI1's coal fields. Our members
toil in the nation's coal mines to providedome.stically-prod\lced. energy that helps fuels our
economy.TheUMWA's goal is to protect the interests ofour members on the job and when
they return home to their families after a ·hard days work. The UMWA has led the fight
Coal miners value the natural resources that God bas given us. In ,their free time, you will
find many of them fishing.in the streams and hunting in the forests throughout theco~elds.•
Because oftheir love ofthe land. they are strong defenders ofthe need responsible reclamation
laws. Because they work in a vital energy industry, they also know that the nation needs the
product of their labor. Perhaps more than most, they understand the need for responsible policies
.that balance our need for energy with our need toproteet the environment. We believe the 1977
Surface Mining Act struck the right balance .and the authors and supporters of that effort should
be proud oftheir accompliShments. Weare proud to say that the UMWA has been.a .steadfast
supporter ofSMCRAthroughout its 30 year history.
Source: Senate Committee on Energy and Natural Resources, Testimony on the Surface Mining
Control and Reclamation Act, 2007.
2. Excerpts from a statement given November 13, 2007 by Harold P. Quinn, Jr.,
representing the National Mining Association. This statement is part of the same
hearings in front of the United States Senate Committee on Energy and Natural
Resources that the previous document comes from.
My name is Hal Quinn, senior vice president, legal and regulatory affairs, and
general counsel for the National Mining Association (NMA). I am appearing on
behalf of the NMA to testify about the coal mining industry's experience under
the Surface Mining Control and Reclamation Act (SMCRA) of 1977.
NMA represents producers of over 80 percent of America's coal a reliable,
affordable, domestic fuel that is the source of more than 50 percent of the
electricity used in America. NMA's member also include the producers of metals
and non-metal minerals, manufacturers of mining equipment and supplies,
transporters of coal and mineral products, and other firms serving the mining
industry.
In the 30 years since SMCRA's enactment, the coal industry has supplied over 29
billion tons of coal to fuel our nation's growth and prosperity. This is the
equivalent of 115 billion barrels of oil and is five times our proven domestic oil
reserve. Over 2.2 million acres of the lands supplying this coal resource have
been restored to a wide variety of productive uses including farmlands, pastures,
wildlife refuges, parks, recreational areas, wetlands, and commercial
development. These achievements of the first order in energy production and
environmental stewardship are the product of the collective efforts of the coal
industry, and state and federal governments.
In the midst of this regulatory transition, the coal industry experienced structural
changes as a result of a combination of market forces and public policy choices.
The number, size and location of coal mines have changed substantially.
While we would like to report after thirty years that the program has emerged free
of any controversy that is not the case entirely. Organizations opposed to coal
mining in Central Appalachia coal region have brought a continuous series of
legal attacks that have disrupted coal mining in this region.
Source: Senate Committee on Energy and Natural Resources, Testimony on the Surface Mining
Control and Reclamation Act, 2007.
3. Excerpts from statement given by Cindy Rank, a representative of the West Virginia
Highlands Conservancy, to the United States Senate Committee on Energy and Natural
Resources on November 13,2007.
Good afternoon Chairman Bingaman and members of the Committee. Thank you
for the opportunity to speak with you today. I am Cindy Rank, a citizen volunteer with
the West Virginia Highlands Conservancy (WVHC) since 1979.
The West Virginia Highlands Conservancy is a nonprofit membership
organization with approximately 1,800 members, most of whom reside in West Virginia.
Officially incorporated in 1967, the Highlands Conservancy is one of the state's oldest
environmental advocacy organizations and for the past four decades has been a leader in
citizen efforts to protect West Virginia's land, water and human resources from the
effects of illegal and irresponsible coal mining.
Although my initial concern about mining centered on the devastating impact of
acid mine drainage on the waters that support my own life, home and community, my
years with the Highlands Conservancy have introduced me to a broader range of
problems and additional concerns. At times focused on specific local problems on behalf
of our members, the Conservancy also addresses more programmatic issues and
deficiencies in the program, through commenting on regulatory proposals, participating
in administrative proceedings, and filing litigation when necessary.
In the opening sections of the Surface Mine Act Congress clearly recognized that
achieving the necessary balance ofprotecting the environment while providing for the
Nation's need for coal would require strong guidance and oversight to assure that society
would be protected from the adverse effects of strip mining.
However, after years of tweaking, bending and stretching regulations to the
benefit of industry ordinary citizens are now hard pressed to be the watchdogs envisioned
by Congress in 1977. Individuals can now spend entire lifetimes at great personal and
emotional cost following the regulatory agency's every move, educating themselves and
others, organizing across the mountain ridges, finding and hiring independent
hydrologists, biologists, and other legal and technical experts at great expense. All this to
protect their lives, homes and communities -- protection that SMCRA assured would be
provided by OSM. Only individuals whose health and personal family circumstances can
sustain such inordinate amounts of time and effort can survive.
Source: Senate Committee on Energy and Natural Resources, Testimony on the Surface Mining
Control and Reclamation Act, 2007.
4. Excerpts from "What is the Future of Coal in W. Va?" Newspaper Article appearing in
the August 8, 2010 online edition of the Huntington, West Virginia based newspaper.
Coal mining in America is older than the nation itself.
The first documented mining of coal in North America was in 1748, when 50 tons were
dug from a mountainside in the Pennsylvania wilderness. And while those first miners
were certainly making a great profit, it's doubtful that they could have foreseen just what
the future entailed for the rich black mineral that has become such an integral part ofthe
national economy.
Yet while coal currently supplies half of the nation's electricity, there is an increasing
amount of scrutiny of the industry and its practices.
Environmentally conscious lawmakers want stricter regulations. Coal companies want to
fmd ways to "clean" up the industry. Ordinary citizens are looking for alternative ways to
supply power to their households.
In West Virginia, a great rift exists between those who want to continue to keep coal such
a huge part of the Mountain State's economy and people who want to move toward green
energy. And with the dispute over mountaintop removal practices, carbon emissions and
mine safety becoming increasingly intense at all levels of government, the long~term
future of coal is clouded.
"West Virginia'S economy is very dependent on being an energy exporter," said Sen.
Dave Sypolt, D~Preston, who serves on the Senate's Energy, Industry and Mining
Committee. "'It would be absolutely devastating if coal exportation were to cease to exist.
I'm certainly not a proponent of destroying the environment, but we need a careful,
prudent and balanced approach to transforming our energy practices."
On the other side of the argument is the concern with irreparable harm to the
environment.
Jim Sconyers, chairman of Sierra Club West Virginia, said that the way coal is mined is
devastating to the state.
"Every time we burn coal, it's part of a mountain coming down in Boone or Logan
County," Sconyers said. "Do we really want to continue doing this to our state and its
landscape?"
Source: Associated Press, "What is the Future of Coal in W. Va.?," Huntington Herald­
Dispatch, August 8, 2010, http://www.herald-dispatch.comJnews/briefs/x2110915285/What~is~
the-future-of~coal~in~W-Va (accessed November 9,2010).
5. The Alliance for Appalachia group self-description.
(
The Alliance for Appalachia is a regional alliance with the goals of ending a devastating
form of coal mining called mountaintop removal coal mining, putting a halt to destructive
coal technologies and supporting a sustainable, just economy in Appalachia.
Beginning in the spring of 2006, thirteen organizations from five states in Central
Appalachia have worked together to build this alliance. We are pursing a number of
complementary strategies including grassroots organizing, leadership development,
strategic communications, alliance building, research, litigation, and more.
We believe that our campaign to abolish mountaintop removal mining can be an
important element of the national effort for progressive, systemic change in.our nation's
energy, economic, and environmental policies. By highlighting the dangers and true costs
of our dependence on coal, we can help move the nation away from our current extraction
economy and toward a new ethic of conservation, efficiency and renewable energy.
Source: The Alliance for Appalachia, "Who Are We?," http://www.theallianceforappalachia.orgl (accessed November 12,2010). Annotated Bibliography
Luken, Ralph A. and Edward H. Pechan. Water Pollution Control: Accessing the Impacts and
Costs ofEnvironmental Standards. New York: Praeger, 1977.
This source does not focus solely on coal mining and its impacts on water, but provides
detailed information about water pollution and control acts, such as the Clean Water Act.
McElfish, James M. Jr. and Ann E. Beier. Environmental Regulation ofCoal Mining: SMCRA's
Second Decade. Washington, DC: Environmental Law Institute, 1990.
This source concentrates on the Surface Mining Control and Reclamation act of 1977 and
its impacts on the coal mining industry.
Ripley, Earle A., Robert E. Redmann, and Adele A. Crowder. Environmental Effects ofMining.
Delray Beach, Florida: St. Lucie Press, 1996.
Although this source covers all types of mining and concentrates more on mining in
Canada rather than the United States, the section on coal mining and its impacts on the
environment provide useful information.
United States Environmental Protection Agency. Laws That We Administer.
http://www.epa.gov/lawsregs/laws/index.html (accessed November 15,2010).
This source provides information on the varying laws the EPA enforces, including the
Clean Water Act and Safe Drinking Water Act.
United State Office of Surface Mining Reclamation and Enforcement.
http://www.osmre.gov/index.shtm (accessed November 17,2010).
This source gives access to information about the Office of Surface Mining Reclamation
and Enforcement, as well as information about the Surface Mining Control and Reclamation Act.
U.S. Senate. Committee on Energy and Natural Resources. Testimony on the Surface Mining
Control and Reclamation Act. 2007.
http://energy.senate.gov/public/index.cfm?Fuseaction=Hearings.Hearing&Hearing_ID=5
b8d51c5-8f66-406e-940d-35d6a3bc6761 (accessed November 15, 2010).
These sources, which appear in the primary source document section of the lesson plan,
show the differing opinions of the SMCRA thirty years after it became law.