NEWS RELEASE

FOUNDATION SUES OSM TO STOP VALLEY FILLS IN PENNSYLVANIA

The Raymond Proffitt Foundation has appealed the federal Office of Surface Mining (OSM) decision regarding Pennsylvania's valley fill program. The appeal, in the form of a Petition for Review, was filed in federal court in Harrisburg on June 19, 1998.

On April 22, 1998, OSM disapproved portions of Pennsylvania's proposed amendment to its valley fill statute. Specifically, OSM disapproved part of the language granting a variance to the stream buffer provision that prevented mining from occurring within 100 feet of a stream. OSM also required the state to include language that prohibited the violation of water quality standards. See, 63 FR 77 (April 22, 1998, pp. 19802- 19821)

Despite the tougher language required by OSM, the Foundation decided to appeal the above decision because it contained too much "weasel-language" from OSM and EPA regarding valley fills. In addition, neither agency has been bothered in the past by saying one thing and doing another. The Foundation is asking the Court, first, to order OSM to clarify its language.

Next, the Foundation wants the Court to order OSM to prohibit valley fills, in the event its above decision has too many loopholes. The Foundation's argument is the same as it has been for several years. Destroying a stream by covering it with valley fills violates the federal antidegradation standards which require that all existing in-stream uses be protected and maintained. The stream cannot be protected or maintained if it is dead.

We want this issue to be decided by the courts, since the agencies seem incapable of either understanding or complying with the law.

For information, contact John Wilmer, Esq. (610) 565-2736 or jwilmer@ix.netcom.com

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