HARRY HUGHES, Governor

3955

Annapolis, Maryland 21404

The Honorable Benjamin L. Cardin
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404

Dear Mr. President and Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed House Bill 466 and Senate Bill
230 which would have repealed the State's prohibition on steep
slope mining. I remain uncomfortable with both the environmental
risks and the regulatory framework under which such mining
activities would be permitted and, with those doubts in mind, see
no compelling reason to sign this legislation.

Substantial controversy has surrounded this legislation
which, unfortunately, contrasts legitimate economic development
needs in Western Maryland with concerns related to the past
ravages of strip mining and the ongoing efforts to protect our
watersheds and other natural resources. The symbolism attached
to this legislation is very strong; however, this veto is
premised not on symbolism, but on the understanding that the
environmental damage caused by improperly controlled steep slope
mining may be largely irreversible. The economic benefits of
steep slope mining, while perhaps significant in the long term,
are not immediate.

I have reached this conclusion after much discussion and
consideration. Over the past week, I have met with members of
the Western Maryland Delegation as well as members of my Cabinet.
My staff has reviewed the Senate and House Committee bill files,
the report of the State Land Reclamation Committee, applicable
State and federal regulations, and other relevant information.
Correspondence has been received from the Commissioners of
Garrett County requesting me to sign the bill and a majority of
the Allegany County Commissioners urging my veto. I have
received over 1,000 letters from across the State representing
both sides of this difficult issue.

Specifically, House Bill 466 and Senate Bill 230 would
remove the existing statutory prohibition on strip mining for
coal on slopes steeper than 20 degrees. Under the provisions of
the House Bill, the Department of Natural Resources may deny a
permit for strip mining based on a finding that the proposed
mining poses a likelihood of harm to any person or property;
certain environmental conditions could not be adequately
controlled; or the applicant for the permit fails to demonstrate
an ability, or has a history of failing, to comply with the
permit requirements. Senate Bill 230 would require the denial of
a permit for any of the above reasons. The Department has
indicated that the practical effect of the two bills is the same.