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2ndUPDATE: EPA Halts Largest Arch Coal Mountaintop Mining Permit



(Adds reaction from Sen. Rockefeller; adds that conflict has been playing out for weeks; updates with background on EPA mountaintop mining initiatives.)

By Siobhan Hughes

Of DOW JONES NEWSWIRES

WASHINGTON -(Dow Jones)- The U.S. Environmental Protection Agency on Friday put the brakes on an Arch Coal Inc. (ACI) operation in West Virginia, the first time in 37 years the agency has used its power to hold up a previously issued mountaintop mining permit.

The EPA told the U.S. Army Corps of Engineers it was taking the unusual step to halt the largest such project ever permitted in Appalachia because of the magnitude of potential environmental damage, including the burial of more than seven miles of streams. The move escalates a battle between the EPA and the Corps that has been playing out for weeks.

Sen. Jay Rockefeller, (D., W.Va.) said he was "very frustrated" with the EPA. "When businesses makes good faith efforts and fully comply with all applicable laws and regulations, they must have the confidence that the commitments made by the government will be honored," he said in a statement.

The EPA said that the action begins a new review process that could lead the agency to restrict or prohibit mining at the Logan County, W.Va., site. Arch Coal and the Corps have 15 days to respond.

Mountaintop mining involves blasting off the tops of mountains to get at the coal seams underneath. The mountaintops are remade with rubble created from the explosion, though debris also trickles into valleys, threatening water quality.

The EPA has been scrutinizing the activity, most recently holding up 79 permit applications in West Virginia, Kentucky, Ohio and Tennessee. The agency's effort to change an already issued permit ratchets up its initiative. The EPA said that its efforts regarding the Arch Coal site in Logan County represent "an unusual set of circumstances" that "we do not expect to be repeated again."

-By Siobhan Hughes, Dow Jones Newswires; 202-862-6654; Siobhan.Hughes@ dowjones.com


  (END) Dow Jones Newswires
  10-16-091811ET
  Copyright (c) 2009 Dow Jones & Company, Inc.

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