...According to Katz, a provision in state law allows for the direct citizens right of action, where citizens can sue the DEP for not doing what theyre supposed to do. However, the process requires filing a 60-day notice that you intend to sue, whereupon the state comes in at the end of the 60-day period, saying they will extend jurisdiction. What happens in these scenarios is when the DEP does investigate and issue a violation, its fought by industry, and ultimately what happens is they enter into a consensus agreement, which usually amounts to a slap on the wrist, Katz said. Section 733 of the Surface Mining Control and Reclamation Act (SMCRA) allows for citizens to petition the federal Environmental Protection Agency to revoke the states regulatory autonomy if citizens feel the mining industry isnt being properly regulated. WV CARE has filed for a 733 SMCRA petition, and action on that is still pending. Vivian Stockman of OVEC believes the best plan for action comes from voting corrupt politicians out of power. Im confident that when people go to the ballot box, theyll remember the smell of licorice and vote accordingly. But right now, we dont really have anyone willing to run who will challenge the coal industry....
Posted on: Tue, 18 Feb 2014 01:03:46 +0000
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