Environment, Education, Energy: Policy to People

Resistance to Coal Mine Regulations Could Cost Oklahoma Some of Its Sovereignty

Leflore County resident Alan Brady says the large berm in the background blocks the view of the mountains he had before mining started.

Logan Layden / StateImpact Oklahoma

Leflore County resident Alan Brady says the large berm in the background blocks the view of the mountains he had before mining started.

Oklahoma and the federal government aren’t getting along.

From health insurance exchanges to power plant emissions, the Obama Administration just can’t seem to get Oklahoma to play ball.

And there’s a lesser-known fight that’s starting to get more attention — over coal mining. More specifically, how land is treated after it’s mined.

There’s a hearing underway in Poteau this week, where attorneys for Farrell-Cooper Mining Company are appealing federal violations at three of its former mines.

The Tulsa branch of the federal Office of Surface Mining issued the violations to Farrell-Cooper, saying the mines are out of compliance with the Surface Mining Control and Reclamation Act. Specifically, the part of the law that requires land to be restored to its ‘approximate original contour.’

“If you’ve got gently rolling hills the law says you should return the land to its closest form and function with those gently rolling hills,” Chris Holmes, OSM spokesman says. “And we require the states to meet those minimum federal standards that are set up, regardless of where they are. Sometimes that can be a little tricky.”

Nowhere is that more of an understatement than in Oklahoma.

The federal agency put a greater focus on this ‘approximate original contour’ issue in 2010, when a national review found Oklahoma to be the “primary surface mining state with ongoing, unresolved” problems making sure companies return land to how it was before, according to the Inspector General‘s Office of the U.S. Department of Interior.

The state mining department objected when Farrell-Cooper was cited for violations of the law, claiming federal overreach.

Attorneys for Farrell-Cooper Mining Company make their appeal of a federally issued violations at a hearing in Poteau on Tuesday.

Logan Layden / StateImpact Oklahoma

Attorneys for Farrell-Cooper Mining Company make their appeal of a federally issued violation at a hearing in Poteau on Tuesday, Nov. 19.

In an email to StateImpact, Coal Program Director Rhonda Dossett says the very definition of ‘approximate original contour’ is in dispute, and so is the federal government’s ability to force Oklahoma to retroactively apply new interpretations of the law.

That puts the state in conflict with a number of landowners near mine sites.

Alan Brady is one such landowner.The view from his front porch isn’t what it used to be, thanks to a 40-foot-high, 700-foot-long pile of rock and dirt covered with grass left at the Rock Island Mine in far eastern Oklahoma.

“You could see Cavanaugh, Sugarloaf, and Poteau Mountain and everything from here, we all could, anybody up and down this road. But you can’t see any of it now,” Brady says. “Having to endure the dust and the noise and that stuff again, I’m not looking forward to that. But I would still love to see them shove most of that back off in that hole.”

As long as there’s ambiguity around these regulations, it appears Farrell-Cooper will keep fighting. And the Oklahoma Department of Mines is squarely on the company’s side.

But the state agency has to be careful. The federal government is threatening to take away Oklahoma’s enforcement powers, like it did in 1983. So the state’s resistance to federal intervention might actually lead to more of it.

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  • OkieDokieCowboy

    No comments from the mining industry? The real story is that the state of Oklahoma (Oklahoma Dept. of Mines) is siding with Farrell-Cooper against the Federal Gov. (Office of Surface Mining) who is “hassling” coal companies about contours that THEY have previously approved through bond release. The pressure is coming from the Obama Admins “Clean Coal Initiative” and is trickling down. The problem is that they are not distinguishing from “dirty” power plant coal and high quality metallurgical coal which is primarily what you find in the Oklahoma area and is ideal for export and use in making steel alloys. For these companies to go back and re-reclaim land that has already been approved (by OSM and the landowners) and released, would cost many millions. With the price of coal the way it is, that is asking alot.

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