Forwarded by Jane Clark at [log in to unmask] ==================================================== 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. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To get off the IOWA-TOPICS list, send any message to: [log in to unmask]