An e-mail press release from Sen. John D. Rockefeller of (D., W. V.):

Washington, D.C. — Senator Jay Rockefeller issued the following statement after the EPA today revoked the permit for Spruce Number 1 Mine in Logan County:
“I have said this before, and will say it again: it is wrong and unfair for the EPA to change the rules for a permit that is already active.
“The Spruce Number 1 Mine has made good faith efforts to comply with all applicable laws and regulations, and I believe the EPA should honor their commitment in return. I will continue to push EPA officials until we can find a workable, long-term solution.”
Background:
The Spruce Number 1 Mine permit was reviewed by the Corps of Engineers for nearly ten years before being approved in January 2007, and has been active for over two years.
To satisfy initial EPA concerns, the final permit reduced the acreage of the permit by 835 acres or 27 percent and excess spoil by 150 million cubic yards, a 57 percent decrease.
EPA Region III sent a letter on September 3, 2009 to the Army Corps of Engineers, asking the Corps to reevaluate the Spruce 1 Mine permit.
On September 10, Senator Rockefeller wrote a letter to Environmental Protection Agency (EPA) Administrator Lisa Jackson expressing his concern about the EPA’s request to suspend or revoke the already approved surface mining permit for the Spruce Number 1 Mine.
On September 30, 2009 the U.S. Army Corps of Engineers sent a letter to the EPA stating that they did not agree with the concerns laid out by the EPA’s September 3rd letter and would not alter the permit. On March 26, 2010 the EPA moved forward with their notice of proposed determination. This will trigger a public comment period for the next 60 days, after which the Regional Administrator will prepare a recommended determination or may choose to withdraw the proposed determination.
The EPA has only used this veto authority 12 times since 1972 and only once since 1990.