Midknight Review -- new and revised: Obama intends to challenge a Federal Court's decision in his continuing "war against coal."

Spruce Mine No.1, Logan County,

W. Virginia

This (the picture to the left) is a mountain-top coal mine, Spruce No. 1, owned by Arch Coal, perhaps the nations largest coal mining concern. It was given a permit to mine in the location pictured, in 2007, and has complied with all EPA standards since that time. As you can see, the "extreme environmental damage" to the surround forested area is actually limited to the mining site, itself. Did I say that it has operated in full compliance with wacko EPA rules since the day it opened? Well, early last year, the Obama Administration, not concerned with existing contracts or agreements, decided to use the EPA as it unilaterally vacated the existing permit and closed down this mining project. With millions of dollars of investment capital already at work in this existing mining operation, Arch Coal had no choice but to challenge the EPA decision.

After review, a Federal District Court reversed the EPA's decision and did so with a scathing rhetorical comment. Justice Amy Jackson made comment that the EPA had asserted "a stunning power" grab for itself, a move not supported by existing law. As to the EPA's claim of excessive damage to the surrounding environment, she called this "magical thinking" on the part of the EPA.

The Administration announced, today, that it would challenge this opinion in a higher court.

Earlier this year, the EPA suffered a March defeat as the Supreme Court struck down an EPA ruling against a private property owner, in a 9 - 0 decision, Sackett v the EPA. Understand that Kagan and Sotomayor, both appointed to the High Court by Obama, joined in the opinion against the EPA.

The retired governor of W Virginia, now Senator Joe Manchin, had this to say in stark contrast to Obama's disregard for established law or existing contracts:

“I always knew that the E.P.A.’s decision to retroactively veto a coal mining permit for the Spruce No. 1 Mine in Logan County was fundamentally wrong and an unprecedented act by the federal government.”

Why Obama has decided to pursue a case that cannot be won in the courts, is a mystery. Why he has decided to have this fight during an election year, is even more of a mystery. While he is appealing to his base, he is loosing the approval of million of Americans whose heating/cooling is fueled by coal.

The Stated Nonsense from the Left now includes these Progressive goals:

July 2, 2008, Obama had this to say: "We cannot continue to rely only on our military in order to achieve the national security objectives that we've set. We've got to have a civilian national security force that's just as powerful, just as strong, just as well-funded."

MICHELLE OBAMA: "Barack knows that we are going to have to make sacrifices; we are going to have to change our conversation; we're going to have to change our traditions, our history; we're going to have to move into a different place as a nation."

“ . . . . . . they have become a generation of activists possessed with that most American of ideas – that people who love their country can change it.” -- Obama the Radical

On September 30, Van Jones told MSNBC "I think everybody should hold onto your seats. October is going to be the turning point when it comes to the progressive fight back."

Midknight Review -- new and revised

Obama intends to challenge a Federal Court's decision in his continuing "war against coal."

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