Stites & Harbison, PLLC

   
     W. Blaine Early, III        William T. Gorton, III          William L. Penny

Presented by BNA (a wholly-owned subsidiary of Bloomberg, L.P.)

Click here for more information and to register.

Surface coal mining in Appalachia is coming under increasing scrutiny from citizens' groups, state and federal regulators, and the courts. The Environmental Protection Agency’s Appalachian surface coal mining initiatives are some of the most controversial environmental actions taken by the Obama administration. These initiatives have a substantial impact on permitting under Sections 402 and 404 of the Clean Water Act. Initially termed "enhanced coordination procedures," EPA’s actions have slowed to a crawl both NPDES and Section 404 permits. These policies also affect states such as Tennessee, even though mountaintop removal and valley fills are no longer allowed there.

In this informative 90-minute presentation, Stites & Harbison PLLC attorneys W. Blaine Early, William Gorton, and William Penny, who represent mining companies and the industry in Appalachian states, will discuss key issues designed to help you:

• Understand the basic practice of mountaintop removal mining and associated valley fill
• Identify recent initiatives of EPA, the U.S. Army Corps of Engineers, Office of Surface Mining, and state regulatory agencies
• Learn about the impact on Clean Water Act Section 402 and 404 permits, including increased regulatory requirements and permitting delays
• Analyze the validity and appropriateness of Clean Water Act permit limits for specific conductance as well as mining-related heavy metal water pollutants, including selenium
• Address recent case law, including Kentucky Riverkeeper v. Midkiff, National Mining Association v. Jackson, Ohio Valley Environmental Coalition v. Coal-Mac, and Ohio Valley Environmental Coalition v. Patriot Coal