Forwarded by Jane Clark at [log in to unmask]
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Here is an update from Joan Mulhern, Earthjustice Legal Defense Fund who
has been closely tracking this issue for the Clean Water Network.

Say NO to mountain top removal!

Sources in DC are speculating that the mountaintop removal mining rider
may be in an omnibus bill in the House appropriations committee. The
rider by Sen. Byrd (WV) would exempt West Virginia mountaintop removal
from complying with the Clean Water Act and would set a terrible
precedent of opening up holes in major environmental legislation for the
financial interests of special interest groups.  In addition to this
rider, this omnibus bill will contain other language that would
1-- severely weaken the Clean Air Act by allowing plants grandfathered
in under the Clean Air Act to continue pre-Clean Air Act pollution
levels
2--make the 1872 Mining Act even more environmentally destructive by
adding language that allows mining mill sites huge tracts of land for
the disposal of mine spoil

ACTION ITEM #1
Please call your representative today and tell him/her to vote against
any appropriations bill that contains any exemption for the mining
industry from the Clean Water Act and any other anti-environmental
riders (including the air rider and mining mill site rider).  Your
Representatives and Senators should vote "NO" even though the bill would
fund other programs think are important -- voting "NO" means Congress
should adopt these spending priorities without the riders.

Late report from the Hill:

Negotiators broke up around 9:15 p.m last night over reported
disagreements about spending offsets.  Sen. Domenici told reporters that
they would break the impasse on Wednesday (today) but when asked how
this would come about he was not clear.

Dirty Air-Coal Utilities Rider and Mountaintop Removal Rider both still
alive . . . .

Problem is, this schedule gives the White House time to work out deals.
With the Byrd rider: last night, Senator Stevens (Appropriations
Chairman) told reporters that the issue was between the White House and
Byrd and conferees would likely go along with whatever they worked out.
(Congress is weary and Members are ready to go home.  Since the White
House would take the blame under this scenario, many don't care anymore,
which may explain Stevens' comments.)  We heard that the White House and
Sen. Byrd were talking today, which is not good news for us.  It would
be unacceptable for the White House to do anything short of vetoing the
bill if this rider is in it.

We need to turn up pressure on the White House as well as continue to
lobby the House.

A lot of House offices I spoke to last night were hearing that something
had already been worked out (I don't think this is true) or that the
proposal was watered down/only temporary.  It is really important that
we make clear to offices that any rider which even temporarily suspends
application of the Clean Water Act and SMCRA in West Virginia and/or any
other state would undercut these federal laws substantially and be
unacceptable.

ACTION 1:
Call Congress at: 202-224-3121 and ask the switchboard to put you
through to your Rep. or Senator. Talk to their appropriations staff or
environmental legislative staff.

MESSAGE:
oppose any bill which contains the mountaintop removal mining rider,
coal power plant rider or other anti-environmental riders

If they tell you the rider has not been inserted into the omnibus bill,
tell them that's right but that Sen. Byrd could still insert it at
anytime, or he could cut a deal with the White House and that if that
happens, we hope they would oppose the final bill.

ACTION 2:
Call the White House comment line at 202-456-1111, listen to the prompts
and then leave a polite but firm message with the operator.

MESSAGE:
We are counting on the Administration to veto any bill which contains a
mountaintop removal mining rider, coal power plant rider or other
anti-environmental riders.  Waiving the Clean Water or Clean Air Act for
any industry is unacceptable.

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