Bill Penny
Bill Penny

Bill Penny is a Member in the Nashville office of Stites & Harbison. He is a member of the firm's Environmental, Natural Resources and Energy Service Group as well as the Green Industry Practice Group. Bill has more than 25 years experience in environmental law. You can contact him at william.penny@stites.com or by phone at 615-782-2308.

Martin Corinne
Corinne Martin

Corinne Martin is an Associate in the Nashville office of Stites & Harbison. She is a member of the Environmental, Natural Resources & Energy Service Group, the Green Industry Practice Group, and the Business Litigation Service Group. cmartin@stites.com or by phone at 615-782-2218.

epa

EPA AGREES THAT TENNESSEE DOES NOT ALLOW MOUNTAINTOP REMOVAL COAL MINING AND VALLEY FILL

04.02.10 10:31 AM
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Following EPA Administrator Lisa Jackson’s press conference yesterday, April 1, 2010 on Mountaintop Removal Mining, I followed up with an email requesting clarification on the new EPA guidance as it related to Tennessee. I received the following response from EPA:

“We[EPA] understand and agree with your statement that Tennessee does not allow mountaintop removal coal mining or valley fills. The State has taken a very strong environmental position regarding surface coal mining and is working closely with mining operations to design coal mines that allow mining to proceed while providing effective protection for water quality and the environment.”

While this statement was not surprising, recent proponents of the so-called scenic vistas act being debated in committees of the Tennessee General Assembly are pressing the legislature to ban surface coal mining in excess of 2,000 feet in elevation. They are saying that this legislation is needed to stop mountaintop removal mining and valley fills. Hopefully, this statement clarifies the issue for all concerned.

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