|
Winds of Change Newsletter, September 2008 See sidebar for table of contents
Major Mountaintop Removal Lawsuit Appeal Scheduled for Sept. 23
On September 23, the Fourth U.S. Circuit Court of
Appeals in Richmond, Va., will hear arguments in our mountaintop removal
lawsuit.
The coal industry lawyers and the U.S. Army Corps of
Engineers are appealing two related rulings (victories for our side!) by
U.S. District Judge Robert C. Chambers to curb mountaintop removal.
The Charleston Gazette reported that in a March
23, 2007, ruling, Chambers concluded that the corps 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 mines potential impacts before granting a
permit.
In a second ruling on June 13, 2007, Chambers concluded
that the Clean Water Act does not allow coal operators to build
in-stream sediment ponds at the bottom of valley fills.
OVEC, Coal River Mountain Watch and the West
Virginia Highlands Conservancy, represented by the Appalachian
Center for the Economy & the Environment and Earthjustice,
filed the lawsuit.
|
