July 09, 2004
U.S. judge curtails valley fills
Environmentalists see big win in fight against mountaintop removal
By Chris Wetterich
Staff writer
Coal companies must undergo a more rigorous government review of the effects of mountaintop removal mining on waterways before they receive permits, a federal judge in West Virginia ruled Thursday.
U.S. District Judge Joseph R. Goodwin barred the U.S. Army Corps of Engineers from approving mining activities that affect waterways under a streamlined permit process.
Such permits are for activities that are supposed to have little environmental impact. They have routinely been approved by the Corps of Engineers for mountaintop removal mines.
Environmental lawyers argued that mountaintop removal permits should have to go through a more extensive permit process, because mountaintop removal impacts the environment significantly.
On Thursday, Goodwin agreed. He said nationwide permits cannot be issued for future mountaintop removal permits, and the corps must revoke its permits for 11 mining sites affecting miles of Appalachian streams where construction has not started.
Environmentalists say the decision is a major victory in the fight to stop mountaintop removal. Joe Lovett, an attorney for the Ohio Valley Environmental Coalition, which filed the lawsuit, predicted that many coal companies will not get permits under the more meticulous process.
“Instead of rubber-stamping permits, the corps will have to pay heed to the science,” Lovett said. “I’m not sure these permits can be approved, given what the environmental impact studies will show.”
more at:
http://wvgazette.com/section/News/200407094
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