Mountaintop Removal Approval?

Bill Moyers wrote a piece about surface mining the other day, talking about a recent change to the policy in 2006:

The proposed new rule codifies the 2004 buffer zone proposals and, according to THE NEW YORK TIMES, "seems specifically to authorize the disposal of 'excess spoil fills,' a k a mine waste, in hollows and streams."

THE NEW YORK TIMES in reporting the proposed changes stated: "The Office of Surface Mining in the Interior Department drafted the rule, which will be subject to a 60-day comment period and could be revised, although officials indicated that it was not likely to be changed substantially." On it's Web site The Office of Surface Mining posted an FAQ about the new rulings and responding directly to the TIMES, saying "This statement is not accurate."

So who's telling the truth? I don't entirely trust either source.

There's also a video available on the topic.