Forwarded by Jane Clark at [log in to unmask]
THIS MESSAGE IS AN INFORMATIONAL MESSAGE BEING SENT TO SIERRACLUB EMAIL
USERS.
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Riders, Riders: West Virginia Mountaintop Removal Rider and Coal-Fired
Power
Plant Rider

There are still several maverick anti-environmental riders loose on the
range
that will no doubt be a particularly difficult to stop. One particularly
egregious rider, referred to as the "mountaintop removal rider,"  is being
pushed by Sen. Robert Byrd (D-WV), the powerful ranking member of the
Appropriations Committee.

The mountaintop removal rider would overturn an October 20 federal court
decision that requires state and federal agencies to enforce the Clean
Water Act
and coal mining laws in West Virginia. Judge Charles Haden ruled that the
West
Virginia Department of Environmental Protection cannot allow new
mountaintop
removal mines to dump millions of tons of waste rock into some types of
streams.
He ruled that allowing new mines to dump waste rock into streams violates
two
federal laws: the Clean Water Act and Surface Mining Control and
Reclamation
Act. Drafts of Byrd's rider have proposed to exempt the dumping of waste
rock
into streams from any state and federal water quality laws.

Byrd is threatening to use just about any legislative vehicle to pass his
rider
into law.  His most recent target is the Foreign Ops bill which is pending
before the Senate, but many speculate he will wait and sneak it into an
omnibus
bill right before Congress leaves town. This rider would create a huge
loophole
in the Clean Water Act, would lead to the destruction of thousands of miles
of
streams in West Virginia and sets a precedent that will be exploited by
other
industries for years to come.

Another troubling rider that is being proposed for last minute mischief is
one
that would block the U.S. EPA from collecting millions of dollars in fines
from
polluting coal-fired power plants for Clean Air Act violations. Friends of
dirty
utilities in Congress are planning to launch an attack on the enforcement
lawsuit the EPA and Justice Department announced on November 3rd.

The Justice Department filed lawsuits on Nov. 3 on behalf of the EPA
against
seven utility companies for not installing emissions-reducing equipment at
17
power plants in the South and Midwest. The companies face civil fines of
$27,000
per day for violations prior to Jan. 30, 1997, and $27,500 for each day
thereafter. A draft of the rider circulating the halls of Congress would
exempt
these polluters from incurring additional penalties after November 3rd,
even as
they continue to violate the law. The rider would allow these plants to
continue
to spew out smog-forming and acid-rain causing pollution by tolling
penalties
until the EPA's case is finished. The rider would also create a dangerous
precedent as other industries facing penalties for violations will rush to
Congress expecting special protections.

Help strengthen the Administration's position to fight these riders by
calling or faxing the White House. Urge President Clinton to stand up to
Congress and protect our nations streams and air quality by opposing the
Mountain Top Removal Rider and all other anti-environmental riders.

White House Comment Line - 202-456-1111
White House Fax Line - 202-456-2461
Clinton's e-mail - [log in to unmask]
Gore's e-mail - [log in to unmask]

For more information contact Dirk Manskopf at 202.675.7915 or
[log in to unmask]

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