Wildlife group charges lax
WASHINGTON, D.C. - The
National Wildlife Federation has
filed suit against U.S. Secretary of
the lnterior James G. Watt in a
move to protect the nation’s prime
farmland from what it called strip
mining without any environmental
controls.
The Federation, along with
seven other conservation and civic
groups, asked a federal court to
overturn a regulation, issued by
Watt, that would allow many
existing strip mines on prime
farmland to sidestep a federal law
requiring restoration of mined
land.
“Secretary Watt’s regulation
would undermine the federal laws
that sought to protect farmland
from coal mining in the first
place,” said Norman Dean, at
torney for NWF. “It would open-up
vast areas of prime farmland to
strip mining without providing for
any environmental controls.”
Specifically, the suit challenges
Watt’s omission of a deadline from
a regulation he issued in Sep
tember to implement the so-called
grandfather clause of the Surface
Mining Reclamation and Control
Act of 1977. According to
Federation attorneys, the grand
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father clause of the Act established
exemptions for mines operating at
the time the legislation was
passed, so that coal mining
companies would have time to
develop the technology for
restoring strip-mined farmland to
its original condition, as required
by the Act. The Carter ad
ministration had proposed a 1982
deadline for these so-called
“grandfather clause” exemptions.
Without a deadline or cut-off
date, the suit charges, Watt’s
regulation provides no practical
limits to strip mining on prime
farmlands. If not overturned, it
‘ ‘will permit surface mining of coal
on hundreds of thousands of acres
of prime farmland without any
showing that coal operators have
the. technological capability to
restore the lands to their
premining productivity,” says the
Federation’s complaint, filed in
the District of Columbia’s U.S,
District Court.
Joining the NWF in the suit are
the lowa and Illinois Wildlife
Federations, the Environmental
Policy Institute, and four other
civic and environmental
organizations in Illinois. Also
named as a defendant in the suit is
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enforcement of strip mine law
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Richard Harris, Director of the
Office of Surface Mining,
Reclamation and Enforcement
within the U.S. Department of the
Interior.
The suit claims that Watt’s
regulation violates the intent of the
Surface Mining Reclamation and
Control Act. It also maintains that
Watt unlawfully implemented the
regulation, because he did not
obtain the approval of the U.S.
Secretary of Agriculture as
required by the Surface Mining
Act.
Illinois, which contains half of
the nation’s prime farmland on
Prevent cramped winter
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Most animals may be healthier
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Most farm animats are more
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which strip mining occurs, would
be hardest hit by Watt’s
regulation, according to NWF
attorneys. “Most of the strip
mining in Illinois occurson two
coal seams,” said Dean. “Watt’s
regulation would allow the 56
existing mines on those seams to
continue mining under the grand
father clause as long as the
reserves last. That leaves most, if
not all, of Illinois’ best farmland
unprotected by the new
regulation.” According to Dean,
not one existing coal mine in
Illinois is yet obliged to meet the
piuue farmland requirements ot
housing for livestock
than in closed housing. While
animals need shelter from the
wind, rain, and snow, they also
need freedom to move, a dry bed,
and plenty of fresh air.
Often closed housing is
primarily for the benefit of human
caretakers rather than the
livestock. The wind chill index is a
measure of human rather than
animal discomfort, Dr. Schwartz
explains.
lit a closed structure, ventilation
is sometimes inadequate, resulting
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also- build up, creating an
unhealthy environment.
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the Surface Mining Act.
Watt’s regulation, without any
deadline for compliance, will
result in a loss of productive far
mland, increased water pollution
from increased erosion and stream
sedimentation, aesthetic damage,
and the destruction of wildlife
habitat, the suit alleges.
The Illinois and lowa Wildlife
Federations are state affiliates of
the NWF, a conservation and
education organization with more
than 4.5 million members and
supporters throughout the United
States.
During winter storms, snow can
be a problem with small, open
sheds, but front adjustable doors
may be the answer.
Even in severe winter weather,
livestock should not be cooped up
for long periods of time. Schwartz
says that exercise and fresh air are
extremely important for good
animal health.
When moisture collects on the
walls, floors, and windows of
closed buildings, ventilation is
inadequate.