Groups File Suit to Block Reylas Mountaintop Removal Mine

We Ask Court to Consider Health Impact Studies of WVU Researcher Dr. Michael Hendryx

On October 13, OVEC, West Virginia Highlands Conservancy and the Sierra Club filed a motion with US Southern District Court of West Virginia to halt the proposed Highland Reylas mountaintop removal mine in Logan County, WV.

The legal challenge states that the US Army Corps of Engineers failed to consider recent scientific studies demonstrating that mountaintop removal mining operations pose a serious health threat to Appalachian residents.

West Virginia University researcher Michael Hendryx has found startling health and economic effects linked to the practice of MTR mining over the course of multiple studies. Folks living in counties where MTR is practiced have a higher mortality rate, are more likely to contract some forms of cancer, or suffer from chronic heart and lung ailments. Hendryx has estimated that the health costs attributed to MTR top $42 billion.

"The human costs are simply too high," said Jim Sconyers, Executive Director of the West Virginia Chapter of the Sierra Club. "The Army Corps of Engineers must acknowledge that harm to the residents of coal country must be taken into account when granting permits. Dr. Hendryx has made groundbreaking progress in his research and the toll on coalfield citizens is truly alarming. We are extremely disappointed that the Obama administration would allow such a devastating mine to go forward without looking at the facts. We simply cannot rely on mountaintop removal operations to look after the health and safety of West Virginia residents."

In March 2009, the Environmental Protection Agency announced that it would increase its scrutiny of proposed MTR permits, and EPA administrator Lisa Jackson promised at the time that "EPA will use the best science and follow the letter of the law in ensuring we are protecting our environment." 　

Studies such as those done by Hendryx clearly show that MTR mining places a significant health burden on the people of Appalachia. The plaintiffs argue that now is the time to discuss those public health effects.

"Nineteen peer reviewed studies by Dr. Michael Hendryx and his colleagues can’t be wrong," OVEC’s Executive Director Janet Keating said. "Mountaintop removal causes serious health problems such as birth defects, cancer, respiratory problems and heart disease. Neither this, nor any other mountaintop removal permit should be issued.　 The Corps and mining companies cannot ignore this important science at the expense of human lives."

When considering a permit for the Highland Reylas mine the EPA stated that "(after) careful consideration, we find that the extensive cumulative and other impacts give this proposed project high potential as a candidate for a 404(c) (veto) action."

Despite this threat, and despite the absence of evidence of any significant changes to the mining plan, EPA has not yet blocked the permit.

Highland Reylas is owned and operated by Highland Mining Company, a subsidiary of Alpha Natural Resources, which recently bought out Massey Energy, a company notorious for its dangerous coal mining operations.

Derek Teaney and Joe Lovett from Appalachian Mountain Advocates and Jim Hecker from Public Justice are representing the groups in this lawsuit.