This type of surface mining occurs in an area of approximately 12 million acres located in portions of Kentucky, West Virginia, Virginia, Tennessee, Pennsylvania, and Ohio. As its name suggests, mountaintop removal mining involves removing the top of a mountain in order to recover the coal seams contained in the mountain. Mountaintop removal creates an immense quantity of excess spoil, which is typically placed in valley fills on the sides of the former mountains. One consequence is that streams flowing through the valleys are buried. Regulatory Setting

Regulation of valley fills associated with mountaintop removal mining is primarily under the authority of two federal statutes, the Surface Mining Control and Reclamation Act (SMCRA, 30 U.S.C. §1201) and the Clean Water Act (CWA, 33 U.S.C. Critics say that, as a result of valley fills, streams and the aquatic and wildlife habitat that they support are destroyed by tons of rocks and dirt. The mining industry argues that mountaintop removal mining is essential to conducting surface coal mining in Appalachia. Critics have been using litigation to challenge the practice. In a number of cases discussed here, environmental groups have been successful at the federal district court level in challenging issuance of permits for mountaintop removal mining projects, but each has been later overturned on appeal. Nonetheless, the criticisms also have prompted some regulatory changes, also discussed below. Other Litigation

In other litigation challenging authorization of a specific mountaintop removal mining operation in Kentucky (rather than the general practice), a federal district court ruled in 2002 that the disposal of waste from mountaintop removal mining into U.S. waters is not allowed under Section 404, and the court permanently enjoined the Corps from issuing Section 404 permits for the disposal of mountaintop removal mining overburden where the purpose is solely to dispose of waste. Environmental advocacy groups have continued to pursue legal challenges to permits for individual surface coal mining projects in Appalachia, especially for mines located in West Virginia and Kentucky. On June 11, 2009, officials of EPA, the Corps, and the Department of the Interior signed a Memorandum of Understanding (MOU) and Interagency Action Plan (IAP) outlining a series of administrative actions to reduce the harmful environmental impacts of surface coal mining in Appalachia. The plan includes a series of near-term and longer-term actions that emphasize specific steps, improved coordination, and greater transparency of decisions. EPA and the Corps committed to issue guidance to strengthen environmental review of surface coal mining permits and operations and to clarify applicable criteria. Viewed broadly, the Obama Administration's combined actions on mountaintop removal mining displease both industry and environmental advocates. The additional scrutiny of permits, more stringent requirements, and EPA's veto of a previously authorized project have angered the coal industry and many of its supporters. At the same time, while environmental groups support the veto and EPA's steps to restrict the practice, many favor tougher requirements or even total rejection of mountaintop removal mining in Appalachia. EPA's veto of the Spruce No. 1 mine permit also was reversed by a court, but then was overturned on appeal. The Supreme Court declined to review that ruling, thus leaving the veto in place. Congressional Actions

Congressional interest in these issues also has been evident and has increased substantially recently. 1 mine in West Virginia has been very controversial, including in Congress. These bills were S. 55 / S. 234 , H.R. 896 , and H.R. 1203 . Similar legislation was introduced in the 113 th Congress.
Mountaintop removal mining involves removing the top of a mountain in order to recover the coal seams contained there. This practice occurs in six Appalachian states (Kentucky, West Virginia, Virginia, Tennessee, Pennsylvania, and Ohio). It creates an immense quantity of excess spoil (dirt and rock that previously composed the mountaintop), which is typically placed in valley fills on the sides of the former mountains, burying streams that flow through the valleys. Mountaintop removal mining is regulated under several laws, including the Clean Water Act (CWA) and the Surface Mining Control and Reclamation Act (SMCRA).
Critics say that, as a result of valley fills from mountaintop removal mining, stream water quality and the aquatic and wildlife habitat that streams support are destroyed by tons of rocks and dirt. The mining industry argues that mountaintop removal mining is essential to conducting surface coal mining in Appalachia and that it would not be economically feasible there if operators were barred from using valleys for the disposal of mining overburden. Critics have used litigation to challenge the practice. Environmental groups have been successful at the federal district court level in challenging some permits for mountaintop removal mining projects, only to be later overturned on appeal. Nonetheless, the criticisms have prompted some regulatory changes.
In 2009, officials of the Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers (Corps), and the Department of the Interior signed a Memorandum of Understanding outlining a series of administrative actions under these laws to reduce the harmful environmental impacts of surface coal mining in Appalachia. The plan included a series of actions that emphasize specific steps, improved coordination, and greater transparency of decisions to be implemented through regulatory proposals, guidance documents, and review of applications for permits to authorize surface coal mining operations in Appalachia. Viewed broadly, the Administration's combined actions displease both industry and environmental advocates. The additional scrutiny of permits and more stringent requirements have angered the coal industry and many of its supporters. Controversy also was generated by EPA's 2011 veto of a CWA permit that had been issued by the Corps for a surface coal mining project in West Virginia. At the same time, while environmental groups support EPA's steps to restrict the practice, many favor tougher requirements or even total rejection of mountaintop removal mining in Appalachia. The enhanced permit review procedures and EPA guidance on factors used in evaluating water quality impacts of Appalachian surface mining permits were challenged in court, but they were upheld by a federal appellate court. EPA's veto of the West Virginia mine permit was overturned by a federal court, but that ruling was reversed on appeal and the Supreme Court declined to review the case. Several bills to clarify and restrict EPA's veto authority were introduced in the 113th Congress. Legislation to restrict EPA's veto authority also was introduced in the 114th Congress (S. 55/S. 234, H.R. 896, and H.R. 1203).
This report provides background on regulatory requirements, controversies and legal challenges to mountaintop removal mining, and recent Administration actions, including a Stream Protection Rule proposed by the Office of Surface Mining in July 2015. Attention to EPA's veto of the West Virginia mining permit and other federal agency actions has increased in Congress. Congressional interest in these issues is discussed, including legislation seeking to restrict the practice of mountaintop removal mining and other legislation intended to block the Obama Administration's regulatory actions.