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This article originally provided by
The Charleston Gazette
By Ken Ward Jr.
Staff writer
Oral arguments in the latest mountaintop-removal court appeal
have been scheduled for May 13 in the 4th U.S. Court of Appeals.
The Bush administration and the coal industry are appealing rulings
last year by U.S. District Judge Robert C. Chambers to require a
more detailed review of new mining permits.
This is the fourth major mountaintop-removal ruling by a federal
judge in West Virginia to go before the Richmond, Va.-based appeals
court. Appeals court panels have overturned the three previous
rulings that required tougher regulation of mountaintop-removal
practices.
The argument date coincides with the May 13 annual stockholders
meeting of Massey Energy, also being held in Richmond, where the
company is headquartered.
In a March 23, 2007, ruling, Chambers concluded the Army Corps of
Engineers had not fully evaluated the potential environmental damage
before approving four Massey Energy strip-mining permits.
Citing the "alarming cumulative stream loss" to valley fills,
Chambers ruled that the corps needed to more thoughtfully consider a
mine's potential impacts before granting a permit.
"Coal mining has long been part of the fabric of Appalachian life,
providing jobs to support workers and their families and energy to
fuel the nation," Chambers wrote.
"Unfortunately, coal mining also exacts a toll on the natural
environment," the judge wrote. "In particular, the mining technique
at issue in these permits potentially results in dramatic
environmental consequences."
In a second ruling on June 13, Chambers concluded the Clean Water
Act does not allow coal operators to build in-stream sediment ponds
at the bottom of valley fills.
Coal industry lawyers argue in their appeal that Chambers' ruling
"cripples West Virginia's coal production" and that new permits have
"slowed to a standstill" in the state's southern coalfields.
Federal government lawyers argue that the corps properly studied
mining's impacts and that Chambers should have deferred to the
agency.
Gov. Joe Manchin joined in the appeal, with two of his agencies
filing "friend of the court" briefs at the 4th Circuit.
To contact staff writer Ken Ward Jr., use e-mail or call
348-1702.
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