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April 2004

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Sprawl and Destruction of Open Spaces
The Center is continuing to organize local citizens and citizens' groups in Greenbrier and Monroe Counties to pursue alternatives to a new four-lane highway that would replace portions of US Route 219 from North of Lewisburg to Organ Cave. We are developing a political strategy and leading a petition drive to urge local officials to take economically and environmentally appropriate actions that would obviate the perceived "need" for a road that would produce disastrous consequences for the region's farmlands, further increase rapid sprawl in the area, and radically change the character of the Greenbrier River watershed.

Lewisburg, West Virginia:  before  development.
Lewisburg, West Virginia:  after  development.

Consolidation of Surface Mine Board, Air Quality Board, and Environmental Quality Board
We recently prevailed in an action brought on behalf of Trout Unlimited to compel the West Virginia Surface Mine Board (SMB) to consolidate with the state's Air Quality Board (AQB) and Environmental Quality Board (EQB), as mandated by the state legislature over ten years ago to provide for consistent appellate processes among the three boards and to maintain continuity of their functions and membership. In her decision, Judge Walker noted that the legislature had mandated consolidation of the three boards to "provide fair, efficient and equitable treatment of appeals of environmental enforcement and permit actions to" these boards. She pointed out that, at the time of the hearings in the case, SMB had only one staff member, who was not an attorney and lacked relevant technical or scientific training, while EQB and AQB (which had complied with the legislative mandate to consolidate) shared a full-time attorney with extensive experience in environmental law, a full-time technical advisor with a master's degree in environmental science and extensive experience in her field, a full-time paralegal and a full-time administrative secretary. The judge concluded that SMB's failure to consolidate had harmed its effectiveness and hindered public participation.

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