CHARLESTON, W.Va., April 18 (UPI) -- A recent ruling on surface mining by a federal judge in West Virginia may impact future coal-fired power.
The ruling said the U.S. Army Corps of Engineers needs further study before it issues surface mining permits that would bury headwater streams.
The decision may still be overturned by a higher court, EnergyBiz Insider reported, but there is legislation in U.S. Congress that may soon be passed, putting limits on carbon emissions.
A carbon-constraining law would increase the cost of building coal plants, and, in turn, increase electricity prices, forcing utilities to re-evaluate.
Judge Robert Chambers' decision to revoke mountaintop removal mining access is the fourth such case. However, all the previous cases have all been overturned on appeals.
"This decision does give the corps another chance to try and show that they can issue permits for valley fills in streams without violating the law," said Steven Roady, an attorney for Earthjustice that sued the corps over this issue. "But the evidence to date shows that the corps has no scientific basis -- no real evidence of any kind -- upon which it bases its decisions to permit this permanent destruction to streams and headwaters."
Since coal is used for about 50 percent of the electricity in the United States and mountaintop mining accounts for a third of all coal mined in Appalachia, a sensible solution between environmental groups and the corps must be reached.
Utilities that rely on coal must accept that the legislative and regulatory environment is changing. They must implement modern coal technologies while embracing the use of sustainable energy forms, said Ken Silverstein, editor in chief of EnergyBiz Insider.
