Mr. Chairman, I yield myself such time as I may consume. I rise in strong opposition to this legislation that would ignore the poisonous environmental impacts of mountaintop removal mining and would attempt to force States to adopt a…
Mr. Chairman, I yield myself such time as I may consume.
I rise in strong opposition to this legislation that would ignore the poisonous environmental impacts of mountaintop removal mining and would attempt to force States to adopt a discredited and vacated midnight Bush administration rule.
Mountaintop removal mining is a serious environmental health threat in Appalachia. Companies literally blast the tops off of mountains, scoop out the coal, and dump what is left over--what used to be the mountaintop and the mining residue--into the valley below. In the process, landscapes are scarred; wild habitat is destroyed; mountain streams are buried; fish are killed; and the long-suffering people living in the valleys suffer as they are left with degraded water.
It is not simply my opinion or the warnings of a few fringe environmental groups. This is what the science tells us. In a paper published in the journal Science a few years ago--a preeminent scientific journal--dozens of scientists laid this out very clearly. Building on a wealth of recent scientific data from a variety of researchers, they wrote:
Mountaintop mining in the valley fills revealed serious
environmental impacts that mitigation practices cannot
successfully address.
Now, the chairman today is talking about detailed procedural matters. He is wrong on that. The real point is the health of the people in the valleys. These scientists described:
When streams are buried, water emerges from the base of the
valley fills, containing a variety of solutes that are toxic
and damaging to biota, and that the recovery of biodiversity
in mining waste impacted streams has not been documented.
In other words, the recovery that they talk about does not exist in fact. It has not been shown to be possible.
Most frighteningly for the people who live with these impacts in their backyards, the scientists write:
Adult hospitalizations for chronic pulmonary disorders and
hypertension are elevated as a function of county-level coal
production . . .
They know it comes from this.
To continue the quote:
. . . as are the rates of mortality, lung cancer, chronic
heart, lung, and kidney disease.
Hospitalizations, hypertension, lung cancer, heart disease, kidney disease, increased flooding. Water with dangerous concentrations of toxic metals? Yes. That is what the science says. And the destruction of forests and streams.
These are the impacts of mountaintop removal mining that Congress should be addressing today. This is what we should be holding hearings on and writing legislation about.
We should be making the protection of people and the environment of the Appalachian region our top priority and making the mining companies act responsibly, not just cheaply. But the Republicans, Mr. Chairman, don't seem to want to talk about any of these impacts. They prefer to keep their heads in the sand and the gravel and the toxic waste when it comes to this issue.
Instead of the real impacts of mountaintop removal mining, they are focusing on imagined impacts of a rule that hasn't even been released yet. They imagine a war on coal, they imagine a political conspiracy to subvert the rule that the Bush administration put in place in the last minutes of their administration, instead of seeking to guarantee clean water for all Americans.
So they spent years trying to uncover that conspiracy, all the while forcing the Department of the Interior to spend tens of thousands of hours of staff time and millions of taxpayer dollars in order to comply with their commands--and now their subpoenas. And they have come up empty.
The inspector general for the Department of the Interior confirmed in December there were no political shenanigans. There was no misconduct. There was a poor choice of contractors, yes, and a debate among career staff about the proper way to move forward.
Could it have been handled better? Maybe. But there was no misconduct.
Meanwhile, the rule put in place by the Bush administration--the very rule that this bill would force States to adopt--was thrown out by a Federal court 2 weeks ago because the real misconduct was from the Bush administration, which decided that it didn't even need to consider the effects that destroying streams and rivers would have on threatened and endangered species. They did not do the consultation that is required under the law.
So this bill would overturn the court's decision, forcibly enact a rule that was improperly developed in the first place, and forbid the Obama administration from actually doing something to protect the streams from being buried and to protect the people who live there.
This bill would forbid them from actually doing something to protect forests, fish, wildlife, and humans. It would forbid them from actually doing something to protect the health of the people in these communities. This bill would create its own reality through an amendment added at the last minute that would deem the 2008 rule to have met the requirements of the Endangered Species Act that the court said they did not meet.
Now ``deem'' is a word that is not in common use. It certainly is a strange word the way it is used here in Congress. By ``deem,'' they mean they would declare in legislation that the Endangered Species Act was observed and that consultation had taken place, even though it wasn't and it hadn't. That is preposterous.
I wish we could do the same thing to environmental destruction caused by mountaintop removal mining and to the contaminated water and to the health impacts by simply saying, by legislation, that contamination never
happened. Those people were never affected. Their health never deteriorated. They didn't die. But we can't do that.
This bill does nothing to protect people from the destructive impacts of mountaintop removal mining. It is strongly opposed by a coalition of environmental groups like the Southern Environmental Law Center, the Sierra Club, the League of Conservation Voters, the National Parks Conservation Association, and many more.
It is not just me standing here talking about it. It is not even just these scientists. It is many more.
Once again, I want everyone to understand that the real issue here today is not bureaucratic procedure. It is not even when a rule might have been issued and what went into making up that rule. What is at stake today is safe water for people, the health of the population, and an environment that can save us all.
I urge my colleagues to defeat this bill, and I reserve the balance of my time.
Mr. Chairman, I am pleased to yield 3 minutes to the gentleman from Oregon (Mr. DeFazio), the ranking minority member of the Resources Committee.
I yield the gentleman an additional 2 minutes.
Mr. Chairman, I am pleased to yield 3 minutes to my friend from Kentucky (Mr. Yarmuth), a champion for people's health, for wildlife and the environment, an outspoken critic of destructive mining practices, and the sponsor of the Appalachian Communities Health-- emphasis on health--Emergency Act, a bill on which I am pleased to join him as a cosponsor.
Mr. Chairman, I yield 3 minutes to the gentleman from West Virginia (Mr. Rahall), my good friend.
Mr. Chairman, I would like to yield 2 minutes to the gentleman from Virginia (Mr. Moran), a Member of this body who has been a leader on countless environmental issues, my friend from Virginia who knows the harmful effects that mountaintop removal mining has had in his own State and throughout the Appalachian region.
I would gladly yield an additional 1 minute to the gentleman from Virginia.
Mr. Chairman, I would like to yield 2 minutes to the gentleman from Arizona (Mr. Grijalva), my good friend and colleague from the Natural Resources Committee who has been a leader on standards and enforcement in mining and knows as well as anyone the time and energy that has been wasted in the committee's investigation of this stream protection rule, time that could have been spent protecting the environment and the people's health.
Mr. Chair, I yield myself such time as I may consume.
This is an actual photograph of actual water coming from an actual mountaintop removal site. I hope that the camera captures the color of the green hills that used to be there and the orange water that is there now. A stream this orange might be good for dyeing Easter eggs but not for drinking.
Now, earlier, I referred to the studies by scientists that associated hospitalizations with these activities. I referred to hospitalizations, hypertension, lung cancer, heart disease, kidney disease, increased flooding, loss of habitat, damage to wildlife. The other side, the majority, keeps wanting to talk about procedures, so let's talk about procedures for just a moment.
The record is clear. These are the words of the Federal District Court. The record is clear. The 2008 rule may affect or threaten endangered species or critical habitat. Further, the court goes on, the errors in this rule constitute a--in their words--serious deficiency and not merely a procedural defect.
Mountaintop removal mining is a serious environmental and health threat in Appalachia. That is what we should be talking about today, not about creating legislation that will deem reality to be different than it actually is, that will declare this stream clear flowing, that will declare these mountains green and verdant, that will declare that the Endangered Species Act was observed when it wasn't, that will declare that this rule will protect the environment and human health when it won't.
No amount of legislative deeming will make this reality change. What will make this reality change would be good, strong regulations with good, strong enforcement with an emphasis not on speed and cheapness but on people's health and an environment that can sustain us. That is what we should be talking about.
I reserve the balance of my time.
Mr. Chairman, I am pleased to yield 2 minutes to the gentleman from Oregon (Mr. Blumenauer), a most thoughtful and strong spokesperson on protecting our environment and people's health.
I yield the gentleman an additional 15 seconds.
I am prepared to close, as well.
Mr. Chairman, I yield myself such time as I may consume.
The other side speaks about technicalities. Is it a technicality to fail to consider the negative impact on wildlife and the environment? Is it a technicality to ignore the harmful health effects for people living in communities near mining operations? Is it a technicality that allows us to sacrifice people's clean drinking water so that large mining companies can save a few dollars as they blow up a mountain?
No. These are not technicalities. In fact, the U.S. district court a few weeks ago made it clear these were not technicalities. I will repeat, in their words: the way this was put together is a serious deficiency and not merely a strictly procedural defect. That is why the rule was vacated by the court. We should not be imposing that now. We should be looking after the health of our environment and the health of the people we were sent here to represent.