JURIST - Paper Chase: Proposed change in environmental rule could ease mining restrictions

In environmental law news for Monday, The New York Times reports that the Bush Administration has proposed a change to a rule used by environmentalists to block the issuance of state permits relating to strip mining. As the rule currently stands, mining is not allowed within 100 feet of a stream, which helps environmentalists to combat the amount of fill dumped in given areas. The change proffered by the Office of Surface Mining, however, would make it clear that depositing mining waste would be allowed under Federal law as long as the company shows that environmental damage is being minimized. The rule could go into effect as early as March... Reuters reports that the EPA has set forth a proposal that would allow New Hampshire to opt out of a federal fuels program by permitting the state to make their own cleaner burning gasoline that does not contain fuel additives. Although it has not banned the use of MTBE, New Hampshire's use of Oxygen Reformulated Gasoline (RFG) would allow for an avoidance of using MTBE as well as the more costly ethanol additive. Some political observers have noted that a similar proposition by California was struck down and that the upcoming presidential primary in New Hampshire may have had an impact on the decision to allow for the easement.

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