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Winds of Change Newsletter, June 2008 See sidebar for table of contents Judge to Corps: Stop Stonewalling, Show Permit Info
Excerpted from an article by Ken Ward Jr., Charleston Gazette, April 18, 2008 The U.S. Army Corps of Engineers must stop stonewalling environmental group requests for information about new mountaintop-removal mining permits, a federal judge ruled. U.S. District Judge Robert C. Chambers ordered corps officials to immediately notify lawyers for the Ohio Valley Environmental Coalition, WV Highlands Conservancy and Coal River Mountain Watch when the agency issues new mining permits. "What I dont want to see is streams and the area around streams being disturbed between now and (a hearing a few days later) in a way that creates the kind of irreparable damage that the plaintiffs seek to prevent," Chambers said Lovett said the corps has refused to provide citizen groups with information about new permits and has stalled on responding to weekly Freedom of Information Act requests for permit documents. By delaying the public notification about new permits, Lovett said, corps officials allow coal operators to bury streams before environmental groups can challenge those permits in court. Chambers said requiring the (groups to submit) weekly records requests was not acceptable and ordered the corps to provide notice of new permits to Lovett at the same time coal companies learn if they have been granted. Chambersindicated he was unlikely to shut down a mine where stream damage was already done. "If a stream has already been filled, for better or worse, its beyond the courts ability to grant any relief," Chambers said. "Its too late." Lovett said thats exactly what he was concerned would happen because of the corps stonewalling in releasing information about newly issued permits.
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