A slugfest over
strip-mining
By GLENN HIMEBAUGH
Special to the National Catholic Reporter Murfreesboro,
Tenn.
Like a pair of wary and weary
heavyweight boxers, Save Our Cumberland Mountains, an environmental group, and
Skyline Coal Co., one of Tennessees leading coal producers, have been
cuffing each other around for years.
Their latest bout is temporarily on hold after the
referee, the federal governments Office of Surface Mining,
Department of the Interior, issued a draft environmental impact study this
summer that pleases neither of the combatants. A final decision is expected in
December or early next year.
At stake is whether Skyline, headquartered in Dunlap, Tenn., will
be permitted to strip coal in the 85,000-acre watershed of Fall Creek Falls
State Park, which was established in 1944 and is the crown jewel in
Tennessees state park system. Opponents say strip-mining the area will
destroy the parks water quality and natural beauty.
The case highlights one of the central unresolved tensions facing
society: exploitation of natural resources for economic benefit at the risk of
ecological damage or preservation of natural beauty, often at the risk of
economic disadvantage. Given that activists have been fighting strip-mining for
decades, this case also points to how intractable some environmental struggles
can be.
Adding to the significance of the debate here over who gets to use
the land and for what purpose is the involvement of Catholic leaders and
Catholic money, a growing presence in environmental battles. The leading
opponent of strip-mining, Save Our Cumberland Mountains, received $40,000 from
the Catholic bishops Campaign for Human Development. A nun who formerly
served as a volunteer staffer is now a member of the board. Opponents of
strip-mining got a boost from a letter written by Bishop Anthony J.
OConnell, who stated that, the face of Christ that is etched
in every part of creation will be defaced and even obliterated if
strip-mining is permitted.
The head of the mining company, Jim Mottet, a devout Catholic,
took issue with the bishops assessment. He maintains that his mining
operation restores the landscape after mining and that the bishops
objections were uninformed.
Mottet was so upset by OConnells letter that he now
goes to church across the state line in Georgia.
The 18,700-acre park and natural area lies some 135 miles
southeast of Nashville on the Cumberland Plateau and annually draws about a
million visitors who hike, camp, fish, golf and enjoy some of the
Southeasts most spectacular scenery. Fall Creek Falls itself provides the
centerpiece attraction. At 256 feet, it is billed as the highest waterfall in
the United States east of the Rocky Mountains.
Not surprisingly, the State of Tennessee weighed in on the side of
Save Our Cumberland Mountains, albeit somewhat belatedly. So, too, have two
members of the Tennessee congressional delegation and some of the states
leading newspapers.
The issue centers on whether strip-mining in the watershed would
pollute the streams, Fall Creek Falls and other waterfalls in the park with
toxic acid mine drainage. Runoff results when iron pyrite in the shale
overburden that has been removed to reach the coal is exposed to air and rain,
forming sulfuric acid. Typically, the acid seeps through cracks in the rocks
and ends up in nearby streams, turning them an ugly reddish orange color and
killing aquatic life.
For its part, the coal company says it has no intention of harming
the park. The company claims that modern technology and regulations assure it
will be able to control acid mine drainage in a technologically and
economically feasible manner.
In addition, Save Our Cumberland Mountains, a feisty 2,500-member
environmental organization, and other environmentalists claim that stripping in
the watershed would adversely affect views from overlooks in the park and the
proposed Trail of Tears National Historical Trail. The mining operation,
opponents claim, would also threaten fragile lands and habitat for
trout, cave-dwelling creatures and rare flowering plants. Skyline dismisses
these concerns as unfounded.
Whether stripping hurts or helps the area economically is in
dispute as well. The company claims it employs 68 persons, has an annual
payroll of $2.15 million, spends $11 million a year to purchase supplies in the
region, pays nearly $900,000 a year to third parties for services rendered and
lease commitments, and $800,000 in taxes.
The environmental group, on the other hand, claims that tourism
created by the park is a $136 million industry in a seven-county area and that
2,000 jobs, a payroll of nearly $26 million and almost $5 million in tax
receipts are generated. Stripping, they warn, would put all of this in
jeopardy.
The company, already producing 400,000 to 600,000 tons annually
from the Sewanee coal seam within a few miles of the park, leases 30,000 acres
in the contested watershed and plans to move into that area next.
If the federal agency ultimately rules the company cannot strip in
the watershed, the company threatens a battle in the courts, contending it
would be entitled to compensation from the federal government under the Fifth
Amendment of the U.S Constitution and other takings laws governing
land use. Interior Secretary Bruce Babbit would have final say on the federal
agencys ruling. Skyline President and General Manager Jim Mottet says the
company has not determined how much compensation it would seek.
The current dispute stems from July 1995 when Save Our Cumberland
Mountains along with the Tennessee Citizens for Wilderness Planning and 49
individuals living near the park in Bledsoe and Van Buren counties filed an
80-page Lands Unsuitable for Mining Petition with the Office of Surface Mining
seeking to have the park watershed declared unsuitable for surface mining.
Skyline, in turn, filed an 86-page counter-petition in January
1996.
On May 1, the federal Office of Surface Mining unveiled its draft
environmental impact statement on the matter, choosing from among five
alternatives one that satisfied no one. The Office of Surface Mining
recommended that the environmental groups petition be denied but also
recommended that the coal company be required to conduct a separate
environmental impact study each time it wished to mine a new portion of the
watershed. Such a requirement, said Skylines Mottet, would be costly and
unacceptable.
The company, in its written response to the federal agencys
draft recommendation, said if the recommendation were enacted, the company
would be forced to shut down operations following completion of mining
operations in the permitted areas outside the watershed. Asked how much each
additional environmental impact statement would cost Skyline, Mottet said the
company doesnt have an estimate. But, he said, Our last permit cost
in excess of $250,000 without the EIS attached.
Some 350 persons attended a four-hour public hearing June 18
conducted by the Office of Surface Mining on its draft environmental impact
statement. Most of those attending wore chartreuse buttons that read Save
Fall Creek Falls, supplied by the environmental group. Button-wearers
blasted the agencys recommendation to deny the environmental groups
petition. All but one of the 44 speakers lambasted Skylines plans to mine
the watershed.
Landon Medley, chair of Save Our Cumberland Mountains strip
mine committee, charged that the Office of Surface Mining had given the
citizens of Tennessee the terms of unconditional surrender for the Fall
Creek Falls watershed and viewshed in its draft environmental impact
statement.
Big money corporations have tried to run over the citizens
of the Fall Creek Falls watershed for 24 years, Medley said. They
could not do it on their own, so they have the Office of Surface Mining to do
their work for them.
Two Democratic congressmen from Tennessee, Bart Gordon and Bob
Clement, sent letters in favor of protecting the watershed from mining to be
read at the hearing. The environmental group has lobbied the White House, Vice
President Al Gore (a Tennessean), Interior Secretary Bruce Babbitt and the
states senators and representatives in Washington. Skyline officials,
meanwhile, chose to lay low and did not address the hearing, opting instead to
express their own displeasure in writing prior to the July 30 deadline for
public response to the environmental impact study. The deadline was extended
after Gordon met with Babbitt.
As the original deadline approached, Republican Gov. Don
Sundquists administration expressed its position in a letter to the
Office of Surface Minings field office in Knoxville, Tenn. Justin Wilson,
deputy to the governor for policy, wrote that the federal agencys study
had failed to fully consider the environmental and economic impacts that acid
mine drainage would have on the state park and natural area and the surrounding
region.
The state believes OSM should perform another analysis of
mining impact on the park, Wilson wrote. Until the federal report
is finalized, the state will follow its own policies ... which provide for
protection of specially designated natural areas, such as Fall Creek
Falls.
In the letter, Wilson pointed to a history of acid mine drainage
in the parks watershed and argued that additional mining would pose an
unacceptable risk to its natural resources.
National Catholic Reporter, October 16,
1998
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