Tom Eblen gets it right on coal

Meant to post this sooner, but in case you haven’t seen it. Right on, Tom.

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Tom Eblen: Protect state’s coal industry? Legislators have for years

By Tom Eblen — Herald-Leader columnist

Beverly May, left, told Gov. Steve Beshear, right, she was concerned about harmful chemicals in her water she said arises from surface mining. DAVID PERRY | STAFF

Kentucky’s legislators have shown unusual willingness this year to waste their time and taxpayers’ money.

Keep teenagers in school? Protect the elderly in nursing homes? Create a more fair and adequate tax system? Can’t get it done. But lawmakers have plenty of time to push legislation that belabors the obvious.

Republicans want schools to set aside time for children to say the pledge of allegiance, which, by law, they already do. Democrats want a constitutional amendment to protect the right to hunt and fish, which has never been threatened.

Most telling of all, two lawmakers want to proclaim the right of Kentucky’s coal industry to do as it pleases. Every Kentuckian knows the coal industry has always done that, with plenty of help from our politicians.

Rep. Jim Gooch, a Providence Democrat and climate-change denier, proposed legislation that would exempt coal mining from the Clean Water Act and other federal environmental regulations if the coal never leaves Kentucky.

Even more ridiculous is a Senate joint resolution calling for Kentucky to be a “sanctuary state” for the coal industry, freeing it from regulation by the U.S. Environmental Protection Agency. That proposal was made by Sen. Brandon Smith, a Hazard Republican who once managed a company the EPA went after for spilling 7,000 gallons of oil into a Laurel County creek.

Gooch and Smith say the coal industry should only be regulated by the state. But what they really want is no effective regulation at all. Too often, they amount to the same thing.

Consider this example from last week’s headlines: State regulators must submit a plan to the U.S. Office of Surface Mining by April 1 to raise the cash bonds coal companies must post to ensure that land is reclaimed after mining. In dozens of cases since 2007, companies shut down and left a mess that their bonds didn’t begin to cover. This time, as previously, state regulators are raising bonds only because federal regulators are forcing them to.

The coal industry is freaking out about federal regulation more than usual. That is because, for the first time since the Clinton and Carter administrations, the federal agencies charged with protecting the environment and regulating mine health and safety are being allowed and encouraged to do their jobs.

The proposed state legislation is especially embarrassing because Gooch and Smith are chairmen of the House and Senate committees that oversee Kentucky’s natural resources. But Steve Beshear, a usually sensible governor, managed to outdo them both in pandering to the coal industry. In his State of the Commonwealth address, Beshear colorfully called for less federal regulation of coal. “Get off our backs!” he shouted. “Get off our backs!”

I’m sure the coal barons loved Beshear’s performance. It reminded me of a previous generation of Southern governors, railing against the feds for insisting that their states acknowledge black citizens’ civil rights. It was Beshear’s George Wallace moment.

The truth is, we must mine and burn coal for years to come until sustainable energy technology is ready to replace it. But coal must be used responsibly, because we also need clean air, clean water and land that is capable of supporting life and an economy long after the coal is gone.

Not all coal companies are bad actors. But the industry as a whole has always cared more about big profits than protecting miners’ health or respecting the environment. Reform has never come without federal regulation, and the industry has usually fought it every step of the way.

Thankfully, the legislation proposed by Gooch and Smith won’t amount to much, except a waste of public time and money. States cannot just ignore federal law — that issue was settled pretty clearly by the Civil War.

The lawmakers say they want to “send a message” to Washington. They’re sending a message, all right. The message is that King Coal has the best Kentucky politicians money can buy, and the rest of us need the feds to protect us from them.

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