Citing “irreversible damage to clean water, environment in the region,” the U.S. Environmental Protection Agency (EPA) last week reached final determination on the Spruce Mine.  The decision comes after discussions between the agency and the company spanning more than a year failed to produce an agreement that would lead to a significant decrease in impacts to the environment and Appalachian communities, according to the EPA.

In a news release the agency said: “After extensive scientific study, a major public hearing in West Virginia and review of more than 50,000 public comments, the EPA today announced that it will use its authority under the Clean Water Act to halt the proposed disposal of mining waste in streams at the Mingo-Logan Coal Company’s Spruce No. 1 coal mine. EPA is acting under the law and using the best science to protect water quality, wildlife and Appalachian communities, who rely on clean waters for drinking, fishing and swimming. “

This permit was first proposed in the 1990s and has been held up in the courts ever since.  Including this action, “EPA has exercised its Section 404(c) authority only 13 times in its history of the CWA. EPA recognizes the importance of ensuring that its Section 404(c) actions are taken only where environmental impacts are truly unacceptable and will use this authority only where warranted by science and the law,” according to the release. >Read Agency Release or >Read Final Determination